73B-20.015. Service of Written and Other Physical Evidence  

Effective on Monday, August 5, 2019
  • 1(1) If any party wishes to submit written or other physical evidence, that party must arrange for delivery of copies to the appeals referee and other parties at least 24 hours prior to the scheduled date and time of hearing. 41If the hearing is scheduled for a Monday or a day following a holiday, the preceding Saturday and Sunday or the preceding holiday will be excluded from the calculation of the 24-hour period. The 24-hour period will presumptively provide the party against whom the evidence is offered a reasonable opportunity to review such evidence prior to the hearing pursuant to section 102443.151(4)(b)5.c.I., F.S. 104Documents that have not been provided in this manner 113may not be considered by the appeals referee, absent waiver.

    123(2) Waiver. If the party submitting written or other physical evidence to be considered fails to provide the evidence to all parties and the appeals referee at least 24 hours prior to the scheduled hearing time, and all parties to whom the evidence was not properly provided appear at the hearing, the referee shall inquire whether such parties are willing to waive their rights set forth in subsection (1). If the appeals referee obtains informed and intelligent consent from all parties to whom the evidence was not properly provided, the referee may proceed to consider the evidence.

    220Rulemaking Authority 222443.012(11) FS. 224Law Implemented 226443.151(4)(b), 227(d) FS. History–New 5-22-80, Amended 11-30-81, 5-22-83, Formerly 38E-5.15, Amended 8-20-86, Formerly 38E-5.015, 24060BB-5.015, 241Amended 10-4-12, 9-8-15, 8-5-19.