73B-21.011. Supplemental Evidence

Notwithstanding subsection 73B-21.008(2), F.A.C., the Commission can consider supplemental evidence under the circumstances as set forth in this rule. Any evidence considered under this rule will be marked as an exhibit and moved into the record.

(1) Newly Discovered Evidence.

(a) Upon written request, the Commission may consider newly discovered evidence if such evidence is material to the outcome of the case and could not have reasonably been discovered prior to the hearing before the appeals referee.

(b) The request shall include a clear and concise description of the evidence and a statement demonstrating that the evidence is material to the outcome of the case and that it could not have been reasonably discovered prior to the hearing.

(c) Before the Commission grants a party’s request to enter new evidence into the record on appeal, the opposing party shall be given the opportunity to examine the evidence and offer rebuttal.

(2) Administrative Records.

(a) If the record on appeal indicates that material evidence could be present in the administrative records of the Florida Department of Commerce, the Commission will investigate whether such evidence exists. 

(b) If potentially material evidence is found, the Commission shall give the party or parties an opportunity to examine the evidence and will issue an order to show cause as to why that evidence should not be considered before moving the evidence into record on appeal. 

(c) In lieu of issuing an order to show cause, the Commission may or remand the case to the appeals referee for supplemental proceedings where the evidence raises a fact issue within the province of the referee to decide or requires additional testimony from the party or parties to supplement or explain the evidence.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-3.05, Amended 8-20-86, Formerly 38E-3.005, 60BB-7.005, 73B-22.005, Amended 6-6-24.