Florida Regulations 73B-20.023: Independence of Appeals Referees; Ex Parte Communications Prohibited
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(1) In the conduct of hearings and rendering of decisions in proceedings under these rules, the appeals referee shall act as an impartial, independent hearing officer free from any outside influence.
(2) No party to a proceeding or any other person who has a direct or indirect interest in a proceeding or any attorney or representative of such person or any public officer or employee shall communicate by any means with the appeals referee assigned to the appeal concerning the merits of the appeal unless all parties are present or have waived their right to be present.
(3) An appeals referee who has received a communication proscribed by subsection (2), or who has received a threat or offer of reward by any person with respect to the conduct or outcome of a proceeding, shall place upon the record all written communications received, all written responses to such communications and a memorandum stating the substance of all oral communications received and all oral responses made. If the communication was received subsequent to the hearing, the referee shall notify the parties of the matters made a part of the record and advise the parties that they may within 10 days file a request for additional hearing to rebut the communication. If the referee deems it necessary to eliminate the effect of the communication, the referee shall withdraw and a substitute shall be assigned in accordance with Fl. Admin. Code R. 73B-20.012
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(4)(a), (d) FS. History-New 5-22-80, Formerly 38E-5.23, 38E-5.023, 60BB-5.023.
Terms Used In Florida Regulations 73B-20.023
- 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.
(3) An appeals referee who has received a communication proscribed by subsection (2), or who has received a threat or offer of reward by any person with respect to the conduct or outcome of a proceeding, shall place upon the record all written communications received, all written responses to such communications and a memorandum stating the substance of all oral communications received and all oral responses made. If the communication was received subsequent to the hearing, the referee shall notify the parties of the matters made a part of the record and advise the parties that they may within 10 days file a request for additional hearing to rebut the communication. If the referee deems it necessary to eliminate the effect of the communication, the referee shall withdraw and a substitute shall be assigned in accordance with Fl. Admin. Code R. 73B-20.012
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(4)(a), (d) FS. History-New 5-22-80, Formerly 38E-5.23, 38E-5.023, 60BB-5.023.