73B-21.010. Briefs and Motions  


Effective on Wednesday, August 20, 1986
  • 1(1) Any party may file a brief setting forth the party’s position and argument in support thereof. The appellant’s brief shall be filed with the Commission and served on the appellee within 15 days of the filing of the application for review. An answer brief shall be filed within 15 days after service of the appellant’s brief. If the appellant elects to waive its right to file a brief, the appellee may, nevertheless, file a brief not later than 30 days after the application for review was filed. The original and two copies of the brief shall be filed with the Commission. Unless otherwise allowed by the Commission, no other briefs may be filed. Briefs not timely filed may not be considered by the Commission.

    126(2) Any party may file a written motion, stating the grounds on which it is based, the relief sought, and argument in support thereof. Response to a motion shall be filed within 10 days of service.

    162(3) Except as provided in rule 73B-21.009, F.A.C., a request for an extension of time, postponement or continuance must be filed in writing and shall be granted by the Commission upon a showing of good cause.

    198(4) A motion to extend the time for filing briefs, when filed within the limits prescribed in subsection (1), above, shall toll the time prescribed until the Commission, by written order, grants or denies the request. An order granting the motion shall state the number of days the time limit is extended. An order denying the motion shall state when the time again commences to run.

    264(5) Briefs, motions or requests may be filed by hand delivery to the Office of the Clerk or by depositing the document in the United States mail in a properly addressed envelope with sufficient postage affixed thereto. A copy of all briefs, motions, or requests shall be served on the opposing party or parties by hand delivery or by mail.

    324Rulemaking Authority 326443.012(11) FS. 328Law Implemented 330443.151(4)(d) FS. 332History–New 5-22-80, Formerly 38E-3.04, Amended 8-20-86, Formerly 38E-3.004, 34060BB-7.004, 34173B-22.004.