73B-22.002. Review by the Commission  


Effective on Wednesday, August 20, 1986
  • 1(1) The review conducted by the Commission shall be limited to matters contained within the official record which was before the appeals referee and such new evidence as is accepted by the Commission pursuant to Rule 3773B-22.005, 38F.A.C.

    39(2) The Commission may relinquish jurisdiction and direct the taking of additional evidence by an appeals referee or other hearing officer. The evidence shall be taken as prescribed by rule for the taking of evidence in hearings before referees. Unless otherwise directed, jurisdiction shall revert to the Commission for final disposition.

    90(3) The Commission shall review the appeals referee’s decision to determine whether the findings are supported by competent substantial evidence in the record and the legal conclusions are in accord with the essential requirements of the law. By written decision, the Commission shall affirm, modify, or reverse the referee’s decision, or shall remand with instructions.

    145Rulemaking Authority 147443.012(11) FS. 149Law Implemented 151443.151(4)(c), 152(d) FS. History–New 5-22-80, Formerly 38E-3.02, Amended 8-20-86, Formerly 38E-3.002, 16260BB-7.002.