73B-20.012. Disqualification and Substitution of Appeals Referee  

Effective on Monday, August 5, 2019
  • 1(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.

    42(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.

    90(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.

    136Rulemaking Authority 138443.012(11) FS. 140Law Implemented 142443.151(4)(a), 143(d) FS. History–New 5-22-80, Formerly 38E-5.12, 38E-5.012, 60BB-20.012, Amended 12-6-16, 8-5-19.