Florida Regulations 73B-20.026: Corrected Decisions
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(1) An appeals referee may correct errors in a decision after the decision has been distributed/mailed as follows:
(a) Where the correction is solely of a clerical nature and does not change, and is not reasonably interpreted to change, the substantive outcome of the prior decision, the correction may be made at any time prior to the filing of an appeal of the decision;
(b) Where the correction changes, or is reasonably interpreted to change, the substantive outcome of the prior decision, a corrected decision may be distributed/mailed:
(i) Within 20 days of the distribution/mailing of the decision to be corrected, by the distribution/mailing of a notice of proposed corrected decision, which shall identify the corrections to be made, and provide for the opportunity of any party to request a hearing on the proposed corrections;
(ii) After 20 days of the distribution/mailing of the decision to be corrected, by the filing of an application for revised decision by the Department.
(2) Once distributed/mailed, the corrected decision supersedes the prior decision in the case, and may be appealed to the Commission pursuant to Fl. Admin. Code R. 73B-21.003
(3) If a party files an appeal to the Commission after the appeals referee has given notice of a proposed corrected decision, but prior to the mailing/distributing of the corrected decision, the referee shall retain jurisdiction over proceedings regarding the proposed corrected decision.
(4) If the Office of Appeals or appeals referee concludes that a decision should be corrected after the decision has been appealed to the Commission, the Office of Appeals or referee may request relinquishment to the referee for that purpose. The Commission may also relinquish jurisdiction of the case for a corrected decision on its own motion.
(5) This section does not supersede the provisions regarding dismissal decisions entered pursuant to rules 73B-20.017 and 73B-20.022, F.A.C.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(3)(e)1., (4)(a)-(d) FS. History-New 5-22-80, Formerly 38E-5.26, Amended 8-20-86, Formerly 38E-5.026, 60BB-5.026, Amended 8-5-19.
Terms Used In Florida Regulations 73B-20.026
- 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.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
(b) Where the correction changes, or is reasonably interpreted to change, the substantive outcome of the prior decision, a corrected decision may be distributed/mailed:
(i) Within 20 days of the distribution/mailing of the decision to be corrected, by the distribution/mailing of a notice of proposed corrected decision, which shall identify the corrections to be made, and provide for the opportunity of any party to request a hearing on the proposed corrections;
(ii) After 20 days of the distribution/mailing of the decision to be corrected, by the filing of an application for revised decision by the Department.
(2) Once distributed/mailed, the corrected decision supersedes the prior decision in the case, and may be appealed to the Commission pursuant to Fl. Admin. Code R. 73B-21.003
(3) If a party files an appeal to the Commission after the appeals referee has given notice of a proposed corrected decision, but prior to the mailing/distributing of the corrected decision, the referee shall retain jurisdiction over proceedings regarding the proposed corrected decision.
(4) If the Office of Appeals or appeals referee concludes that a decision should be corrected after the decision has been appealed to the Commission, the Office of Appeals or referee may request relinquishment to the referee for that purpose. The Commission may also relinquish jurisdiction of the case for a corrected decision on its own motion.
(5) This section does not supersede the provisions regarding dismissal decisions entered pursuant to rules 73B-20.017 and 73B-20.022, F.A.C.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(3)(e)1., (4)(a)-(d) FS. History-New 5-22-80, Formerly 38E-5.26, Amended 8-20-86, Formerly 38E-5.026, 60BB-5.026, Amended 8-5-19.