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Florida Administrative Code (Last Updated: November 11, 2024) |
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34. Commission on Ethics |
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D34. Departmental |
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34-5. Review, Investigation And Hearing Of Complaints |
1(1) A commission member shall not initiate nor consider any ex parte communication relative to the merits of a pending complaint proceeding by:
24(a) A public employee or official engaged in prosecution or advocacy in connection with the matter;
40(b) A party to the proceeding or any person who, directly or indirectly, would have a substantial interest in the proposed action of the Commission, or his or her authorized representative or counsel; or
74(c) A complainant or any other individual who has personal knowledge of the facts underlying the proceeding, or his or her authorized representative or counsel.
99Nothing in this subsection shall apply to advisory staff members who do not testify on behalf of the Commission in the proceeding or shall prohibit Commission members who are contacted by any of the above persons from referring them to Commission staff or the Commission Advocate.
145(2) A commission member who receives such an ex parte communication shall place on the record of the matter 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, and shall also advise all parties that such matters have been placed on the record. Any party, including the Advocate, desiring to rebut the ex parte communication shall be allowed to do so, if a request for the opportunity for rebuttal is made within 10 days after notice of the communication.
241Rulemaking Authority 243112.322(9) FS. 245Law Implemented Art. II, Section 8(f), (h), Fla. Const., 254112.322, 255112.324 FS. 257History–New 11-26-80, Formerly 34-5.171, Amended 2-16-95.
