Florida Regulations 60CC-3.006: Proceeding Before Special Master
Current as of: 2024 | Check for updates
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(1) Upon appointment by the Commission, through the Chairman, the special magistrate shall set, and notify all parties of, the time and place of the hearing(s). In appropriate circumstances, the special magistrate may, after conferring with the mediator, defer conducting hearings, pending satisfactory resolution of the impasse, for a reasonable length of time.
(2) All motions, objections, or other requests for ruling shall be made to the special magistrate either in writing, with copies thereof being simultaneously served upon all other parties to the hearing and proof of such service being given to the special magistrate, or orally during a hearing. The special magistrate shall permit such response to a motion, objection or other request for ruling as he believes is reasonable and just.
(3) Any party directly involved in the proceedings shall have the right to appear at the hearing in person, by counsel, or by other representative, and any such party and the special magistrate may call, examine, and cross-examine witnesses, and offer documentary and other evidence for introduction into the record. Witnesses shall be examined orally under oath. Stipulations of fact may be introduced in evidence with respect to any issue. Compliance with the rules of evidence shall not be required.
(4) The special magistrate may issue subpoenas when requested by a party, or upon his own motion.
(5) In the event of any misconduct at any hearing before a special magistrate, the special magistrate shall submit an affidavit describing such misconduct for action by the Commission.
(6) The special magistrate may permit the submission of a written memorandum in support of a party’s position after the close of the hearing upon such conditions as he may reasonably impose, provided that the request for permission to file such post-hearing memorandum was made before the close of the hearing.
Specific Authority 447.207(1), 447.403(3) FS. Law Implemented 447.207(5), 447.403(3) FS. History-New 5-6-79, Formerly 38D-19.07, 38D-19.007.
Terms Used In Florida Regulations 60CC-3.006
- 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.
- 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.
- Oath: A promise to tell the truth.
(3) Any party directly involved in the proceedings shall have the right to appear at the hearing in person, by counsel, or by other representative, and any such party and the special magistrate may call, examine, and cross-examine witnesses, and offer documentary and other evidence for introduction into the record. Witnesses shall be examined orally under oath. Stipulations of fact may be introduced in evidence with respect to any issue. Compliance with the rules of evidence shall not be required.
(4) The special magistrate may issue subpoenas when requested by a party, or upon his own motion.
(5) In the event of any misconduct at any hearing before a special magistrate, the special magistrate shall submit an affidavit describing such misconduct for action by the Commission.
(6) The special magistrate may permit the submission of a written memorandum in support of a party’s position after the close of the hearing upon such conditions as he may reasonably impose, provided that the request for permission to file such post-hearing memorandum was made before the close of the hearing.
Specific Authority 447.207(1), 447.403(3) FS. Law Implemented 447.207(5), 447.403(3) FS. History-New 5-6-79, Formerly 38D-19.07, 38D-19.007.