60BB-5.014. Scheduling of Hearings (Transferred)

(1) Hearings shall be held at those regularly established hearing locations convenient to the interested parties or by telephone. If the parties agree to an in person hearing, however, the appeals referee shall conduct an in person hearing at one of the regularly established hearing locations.

(2) Where the appeals referee schedules a hearing to be conducted by telephone conference, copies of the significant documents from the official file shall be provided to each party prior to the date of hearing. If any party wishes to submit written or other physical evidence, that party must arrange for delivery of copies to the appeals referee and other parties prior to the scheduled date of hearing. Documents which are not available to all parties or their representatives and the public at the time of hearing may not be considered by the appeals referee, absent waiver.

(3) If any party wishes to submit evidence to be considered, pursuant to Section 443.151(4)(b)5.c., F.S., as the basis for a finding of fact, notwithstanding Section 120.57(1)(c), F.S., the party must arrange for delivery of the evidence to all parties and the appeals referee at least 24 hours prior to the scheduled hearing time. If the hearing is scheduled for a Monday or a day following a holiday, the Saturday and Sunday or the holiday will be excluded from the calculation of the 24 hour period. The 24 hour period will provide the party against whom the evidence is offered a reasonable opportunity to review such evidence prior to the hearing.

(4) Waiver. If the party submitting evidence to be considered, pursuant to Section 443.151(4)(b)5.c., F.S., fails to provide the evidence to all parties and the appeals referee at least 24 hours prior to the scheduled hearing time, and all parties to whom the evidence was improperly provided appear at the hearing, the referee shall inquire whether such parties are willing to waive their rights set forth in subsection (3). If the appeals referee obtains informed and intelligent consent from all parties to whom the evidence was not properly provided, the referee may proceed to consider the evidence.

(5) Any member of the public wishing to listen to a telephone hearing and inspect documents may do so by contacting the Office of Appeals at MSC 347, 107 E. Madison Street, Tallahassee, Florida 32399-4143 or the appeals office to which the case is assigned.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b), (d) FS. History–New 5-22-80, Formerly 38E-5.14, Amended 10-5-86, 3-11-99, Formerly 38E-5.014, Amended 3-11-12.