(1) At any time prior to or during the course of a hearing governed by these rules, any party may move to disqualify the appeals referee on the grounds of bias, prejudice, or that the appeals referee is an interested party.

Terms Used In Florida Regulations 73B-20.012

  • 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.
    (2) A disqualification motion shall be made a part of the record and shall be heard by the appeals referee. The referee shall rule on the motion orally on the record or by written order which may be incorporated in the decision on the merits of the appeal.
    (3) If, because of disqualification or any other reason, the appeals referee cannot complete disposition of an appeal, the case shall be assigned to a substitute referee. The substitute referee shall use any existing record and shall receive any additional evidence necessary to complete the proceedings.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(4)(a), (d) FS. History-New 5-22-80, Formerly 38E-5.12, 38E-5.012, 60BB-20.012, Amended 12-6-16, 8-5-19.

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