The Commission proposes the substantial rewrite of the rule modify the rule language to clarify the procedures for hearings before the Commission.

 

DEPARTMENT OF LEGAL AFFAIRS

Florida Elections Commission

RULE NO.:RULE TITLE:

2B-1.004Hearings Before the Commission

PURPOSE AND EFFECT: The Commission proposes the substantial rewrite of the rule modify the rule language to clarify the procedures for hearings before the Commission.

SUMMARY: The substantial rewrite of the rule will modify the language to clarify the procedures for hearings before the Commission.

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: 106.24(5), 106.26 FS.

LAW IMPLEMENTED: 106.24(5), 106.26 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, Executive Director, Florida Elections Commission, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 33299-1050

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

(Substantial Rewording of Rule 2B-1.004 follows. See Florida Administrative Code for present text.)

2B-1.004 Hearings Before the Commission.

(1) The Uniform Rules of Procedure, Chapter 28, F.A.C., shall be the procedural rules of the Florida Elections Commission, except as otherwise specifically provided by statute or this rule.

(2) When necessary to secure the just, speedy, and inexpensive determination of a case, the Chairman may appoint one or more Commissioners hear any to conduct a hearing involving disputed issues of material fact, a hearing not involving disputed issues of material fact, or a hearing involving a dispositive motion.

(a) The Commission clerk shall notify the parties of the designation of a Commissioner or Commissioners to preside over the hearing and shall notice the hearing.

(b) The designated Commissioner or Commissioners shall hear the evidence and argument presented by the parties during the hearing.

(c) The designated Commissioner or Commissioners shall file a report with the Commission clerk within 30 days of receiving any post hearing submissions from the parties. The report shall contain a recommended order that includes findings of fact, conclusions of law, a recommended disposition or penalty, if applicable, and any exceptions and responses filed by the parties. The report shall be served upon the parties.

(d) The Commission shall review the report, deliberate and reach a decision in the case at its next regularly scheduled meeting. The designated Commissioner or Commissioners hearing the case shall not participate in the deliberation or vote of the Commission.

(e) The Commission’s counsel shall prepare a final order reflecting the Commission’s decision. The final order shall be signed by the chair or vice chair on behalf of the Commission and the Commission clerk shall enter the order.

(3) A clerical mistake in a final order arising from oversight or omission may be corrected by the Commission at any time on its own initiative or on the motion of any party.

Rulemaking Specific Authority 106.24(5), 106.26 FS. Law Implemented 106.24(5), 106.26 FS. History–New 1-11-99, Amended 1-2-02, 4-24-05,_________.

 

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: February 26, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 8, 2014