Florida Regulations 28-106.106: Who May Appear; Criteria for Qualified Representatives
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(1) Any party who appears in any agency proceeding has the right, at his or her own expense, to be represented by counsel or by a qualified representative. Counsel means a member of The Florida Bar or a law student certified pursuant to Chapter 11 of the Rules Regulating The Florida Bar. An attorney disbarred in any state shall not be authorized to serve as a qualified representative.
(2)(a) A party seeking representation by a qualified representative shall file a written request with the presiding officer as soon as practicable, but no later than any pleading filed by the person seeking to appear on behalf of the party. The request shall identify the name, address, e-mail adress, and telephone number of the representative and shall state that the party is aware of the services which the representative can provide, and is aware that the party can be represented by counsel at the party’s own expense and has chosen otherwise.
(b) The presiding officer shall consider whether the representative is qualified to appear in the administrative proceeding and capable of representing the rights and interests of the party. The presiding officer may consider a representative’s sworn affidavit setting forth the representative’s qualifications.
(c) The presiding officer shall determine the qualifications of the representative within a reasonable time after the request required by paragraph (a) is filed.
(3) The presiding officer shall authorize the representative to appear if the presiding officer is satisfied that the representative has the necessary qualifications to responsibly represent the party’s interests in a manner which will not impair the fairness of the proceeding or the correctness of the action to be taken.
(4) The presiding officer shall make a determination of the qualifications of the representative in light of the nature of the proceedings and the applicable law. The presiding officer shall consider:
(a) The representative’s knowledge of jurisdiction;
(b) The representative’s knowledge of the Florida Rules of Civil Procedure relating to discovery in an administrative proceeding;
(c) The representative’s knowledge regarding the rules of evidence, including the concept of hearsay in an administrative proceeding;
(d) The representative’s knowledge regarding the factual and legal issues involved in the proceedings; and
(e) The representative’s knowledge of and compliance with the Standards of Conduct for Qualified Representatives, Fl. Admin. Code R. 28-106.107
(5) If the presiding officer determines a representative is not qualified, the reasons for the decision shall be in writing and included in the record.
Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 4-1-97, Amended 1-15-07, 2-5-13.
Terms Used In Florida Regulations 28-106.106
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
(b) The presiding officer shall consider whether the representative is qualified to appear in the administrative proceeding and capable of representing the rights and interests of the party. The presiding officer may consider a representative’s sworn affidavit setting forth the representative’s qualifications.
(c) The presiding officer shall determine the qualifications of the representative within a reasonable time after the request required by paragraph (a) is filed.
(3) The presiding officer shall authorize the representative to appear if the presiding officer is satisfied that the representative has the necessary qualifications to responsibly represent the party’s interests in a manner which will not impair the fairness of the proceeding or the correctness of the action to be taken.
(4) The presiding officer shall make a determination of the qualifications of the representative in light of the nature of the proceedings and the applicable law. The presiding officer shall consider:
(a) The representative’s knowledge of jurisdiction;
(b) The representative’s knowledge of the Florida Rules of Civil Procedure relating to discovery in an administrative proceeding;
(c) The representative’s knowledge regarding the rules of evidence, including the concept of hearsay in an administrative proceeding;
(d) The representative’s knowledge regarding the factual and legal issues involved in the proceedings; and
(e) The representative’s knowledge of and compliance with the Standards of Conduct for Qualified Representatives, Fl. Admin. Code R. 28-106.107
(5) If the presiding officer determines a representative is not qualified, the reasons for the decision shall be in writing and included in the record.
Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 4-1-97, Amended 1-15-07, 2-5-13.