The proposed rule is intended to set forth the process for investigation, hearing, etc., for violations of Section 104.2715, Florida Statutes.

 

DEPARTMENT OF LEGAL AFFAIRS

Florida Elections Commission

RULE NO.:RULE TITLE:

2B-1.0041Expedited Hearing for False Military Service

PURPOSE AND EFFECT: The proposed rule is intended to set forth the process for investigation, hearing, etc., for violations of Section 104.2715, Florida Statutes.

SUMMARY: The proposed rule sets forth the process for an expedited hearing for a violation of Section 104.2715, Florida Statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Commission meeting, the Commission, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 104.2715(3) FS.

LAW IMPLEMENTED: 104.2715 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Amy McKeever Toman, J.D., Executive Director, Florida Elections Commission, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 32399-1050

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

2B-1.0041 Expedited Hearing for False Military Service.

The procedure for the investigation and hearing, if necessary, of a sworn complaint alleging a violation of section 104.2715, Florida Statutes, will be as described in Rule 2B-1.004, F.A.C., and Sections 106.24, 106.25, 106.26, Florida Statutes, except that the following time restrictions shall be adhered:

(1) If the executive director finds that the complaint is legally sufficient, the legal sufficiency letter shall be sent by certified mail no later than 10 days after the expiration of the time allotted for respondent to provide a written response to the complaint.

(2) The Commission shall complete its report of investigation no later than 60 days after Respondent’s receipt of the legal sufficiency letter.

(3) A copy of the Commission counsel’s probable cause recommendation shall be furnished to the respondent no later than 10 days after the expiration of the time allotted for respondent to provide a written response to the investigator’s report.

(4) Upon a finding of probable cause, the case shall proceed to hearing in accordance with Section 106.25(5), Florida Statutes, except that:

(a) In cases to be heard by the Division of Administrative Hearings, the executive director shall, no later than 10 days after receipt of an order finding probable cause, refer the case to the Division of Administrative Hearings for an expedited hearing.

(b) In cases involving disputed issues of material fact to be heard by the Commission, the Chairman shall, within 10 days of issuing an order finding probable cause, direct that a Commissioner or Commissioners hear the case, in accordance with subsection 2B-1.004(5), F.A.C.

(c) Informal hearings, involving no disputed issues of material fact, shall be conducted before the Commission at the next scheduled commission meeting, unless the Chairman elects to proceed in accordance with Rule 2B-1.004(5), Florida Statutes.

Rulemaking Authority 104.2715(3) FS. Law Implemented 104.2715 FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Elections Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Elections Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 13, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2013