Florida Regulations 42-2.014: Record
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(1) For requests for review under Rule 42-2.013 or 42-2.0131, F.A.C., the record below shall consist of all documents, exhibits, and a transcript of the proceedings, if any, filed with the agency regarding the action from which review is sought.
(2) The person requesting review may designate any part of the record below deemed pertinent to the review. The agency shall prepare and file the record on review containing those parts designated. The record shall also include the following:
(a) In the case of a request to review a rule:
1. The complete request for review,
2. A copy of the full text of the rule in question,
3. A copy of the notice of rulemaking and any notice of change filed in the F.A.R.,
4. A copy of the economic impact statement, if applicable; and,
5. An agenda item summarizing the rule and the nature of the dispute, if applicable.
(b) In the case of a request to review an order:
1. The complete request for review,
2. A copy of the order in question, complete with all attachments and appendices as appropriate,
3. If an administrative hearing pursuant to Florida Statutes § 120.57(1), has been held:
a. A copy of the administrative law judge’s recommended order; and,
b. A copy of the transcript of the hearing before the hearing officer, if available; and,
4. An agenda item summarizing the agency action and nature of the controversy, if applicable.
(3) The agency shall prepare, file and serve an index to the record on appeal.
(4) The Department and any party may supplement the record on appeal with such additional parts of the record below as deemed pertinent. For requests for review brought pursuant to Fl. Admin. Code R. 42-2.0131, such supplements to the record shall be filed and served on the Department and all parties within 30 days of the filing of a sufficient request for review. For requests for review brought under Fl. Admin. Code R. 42-2.013, such supplements to the record shall be filed and served in accordance with Fl. Admin. Code R. 42-2.019, with the party’s brief or recommendation as provided in Fl. Admin. Code R. 42-2.015
(5) No evidence shall be offered to or admitted by the Commission that does not appear in the record below. Oral arguments, briefs or memoranda presented to the Commission shall be based solely on and shall specifically refer to the portions of the record filed with the Commission, including any supplements thereto by the person requesting the review, the Department, or any party.
(6) A copy of the record filed with the Commission shall be furnished to any person upon request and payment of the actual costs of copying.
Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented 373.114, 380.07 FS. History-New 6-8-77, Formerly 22G-1.14, Amended 2-7-84, Formerly 27G-1.14, Amended 2-20-94, 3-15-95.
Terms Used In Florida Regulations 42-2.014
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(a) In the case of a request to review a rule:
1. The complete request for review,
2. A copy of the full text of the rule in question,
3. A copy of the notice of rulemaking and any notice of change filed in the F.A.R.,
4. A copy of the economic impact statement, if applicable; and,
5. An agenda item summarizing the rule and the nature of the dispute, if applicable.
(b) In the case of a request to review an order:
1. The complete request for review,
2. A copy of the order in question, complete with all attachments and appendices as appropriate,
3. If an administrative hearing pursuant to Florida Statutes § 120.57(1), has been held:
a. A copy of the administrative law judge’s recommended order; and,
b. A copy of the transcript of the hearing before the hearing officer, if available; and,
4. An agenda item summarizing the agency action and nature of the controversy, if applicable.
(3) The agency shall prepare, file and serve an index to the record on appeal.
(4) The Department and any party may supplement the record on appeal with such additional parts of the record below as deemed pertinent. For requests for review brought pursuant to Fl. Admin. Code R. 42-2.0131, such supplements to the record shall be filed and served on the Department and all parties within 30 days of the filing of a sufficient request for review. For requests for review brought under Fl. Admin. Code R. 42-2.013, such supplements to the record shall be filed and served in accordance with Fl. Admin. Code R. 42-2.019, with the party’s brief or recommendation as provided in Fl. Admin. Code R. 42-2.015
(5) No evidence shall be offered to or admitted by the Commission that does not appear in the record below. Oral arguments, briefs or memoranda presented to the Commission shall be based solely on and shall specifically refer to the portions of the record filed with the Commission, including any supplements thereto by the person requesting the review, the Department, or any party.
(6) A copy of the record filed with the Commission shall be furnished to any person upon request and payment of the actual costs of copying.
Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented 373.114, 380.07 FS. History-New 6-8-77, Formerly 22G-1.14, Amended 2-7-84, Formerly 27G-1.14, Amended 2-20-94, 3-15-95.