42-2.014. Record

(1) For requests for review under Rule 42-2.013 or 42-2.0131, F.A.C., the record below shall consist of all documents, exhibits, and a transcript of the proceedings, if any, filed with the agency regarding the action from which review is sought.

(2) The person requesting review may designate any part of the record below deemed pertinent to the review. The agency shall prepare and file the record on review containing those parts designated. The record shall also include the following:

(a) In the case of a request to review a rule:

1. The complete request for review;

2. A copy of the full text of the rule in question;

3. A copy of the notice of rulemaking and any notice of change filed in the Florida Administrative Register;

4. A copy of the economic impact statement, if applicable; and

5. An agenda item summarizing the rule and the nature of the dispute, if applicable.

(b) In the case of a request to review an order:

1. The complete request for review;

2. A copy of the order in question, complete with all attachments and appendices as appropriate;

3. If an administrative hearing pursuant to Section 120.57(1), F.S., has been held:

a. A copy of the administrative law judge’s recommended order; and

b. A copy of the transcript of the hearing before the hearing officer, if available; and

4. An agenda item summarizing the agency action and nature of the controversy, if applicable.

(3) The agency shall prepare, file and serve an index to the record on appeal.

(4) The Department and any party may supplement the record on appeal with such additional parts of the record below as deemed pertinent. For requests for review brought pursuant to Rule 42-2.0131, F.A.C., such supplements to the record shall be filed and served on the Department and all parties within 30 days of the filing of a sufficient request for review. For requests for review brought under Rule 42-2.013, F.A.C., such supplements to the record shall be filed and served in accordance with Rule 42-2.019, F.A.C., with the party’s brief or recommendation as provided in Rule 42-2.015, F.A.C.

(5) No evidence shall be offered to or admitted by the Commission that does not appear in the record below. Oral arguments, briefs or memoranda presented to the Commission shall be based solely on and shall specifically refer to the portions of the record filed with the Commission, including any supplements thereto by the person requesting the review, the Department, or any party.

(6) A copy of the record filed with the Commission shall be furnished to any person upon request and payment of the actual costs of copying.

Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented 373.114, 380.07 FS. History–New 6-8-77, Formerly 22G-1.14, Amended 2-7-84, Formerly 27G-1.14, Amended 2-20-94, 3-15-95.