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Florida Administrative Code (Last Updated: April 18, 2024) |
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60. Department of Management Services |
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60Q. Division of Administrative Hearings |
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60Q-6. Rules Of Procedure For Workers' Compensation Adjudications |
1(1) The Guidelines of Operation of the Statewide Nominating Commission (effective 11/22/2013), which set forth the methods by which the Statewide Nominating Commission shall conduct its investigation and review of candidates for appointment and reappointment of judges of compensation claims, are incorporated by reference herein and available online at 50http://www.flrules.org/Gateway/reference.asp?No=Ref-08603 52or https://www.jcc.state.fl.us/JCC/sjnc/AR/SJNC_Guidelines.pdf.
54(2) In fulfilling its statutory responsibility to determine whether a judge of compensation claims (JCC) who seeks reappointment has performed “satisfactorily,” the Statewide Nominating Commission shall consider the following data provided by the Office of Judges of Compensation Claims:
94(a) Volume of petitions for benefits assigned to the JCC and the statewide average for all JCCs;
111(b) Volume of new cases assigned to the JCC and the statewide average for all JCCs;
127(c) Volume of petitions for benefits closed by the JCC and the statewide average for all JCCs;
144(d) Inventory of pending petitions for benefits assigned to the JCC and the statewide average for all JCCs;
162(e) Average days between petition for benefits filing and first mediation and the statewide average for all JCCs;
180(f) Total volume of trial orders uploaded by the JCC and the statewide average for all JCCs;
197(g) Average days between petitions for benefits filing and trial commencing and the statewide average for all JCCs;
215(h) Average days between trial commencing and entry of the trial order by the JCC and the statewide average for all JCCs;
237(i) Volume of settlement orders entered by the JCC and the statewide average for all JCCs;
253(j) Average number of days between filing of a settlement motion and entry of a settlement order by the JCC and the statewide average for all JCCs;
280(k) Volume of stipulation orders entered by the JCC and the statewide average for all JCCs;
296(l) Volume of other (not settlement or stipulation) orders entered by the JCC and the statewide average for all JCCs; and
317(m) Volume of other (not trials) hearings recorded as “held” by the JCC and the statewide average for all JCCs.
337(3) The Office of Judges of Compensation Claims shall provide the following other data necessary for the Statewide Nominating Commission to review the performance of JCCs subject to reappointment:
366(a) The Annual Report of the Office of Judges of Compensation Claims due on December 1 each year and any updates;
387(b) The Florida Bar Survey Results concerning JCCs and state mediators conducted in the spring each year;
404(c) Any complaints filed against a JCC by a member of the public or initiated by the Office of Judges of Compensation Claims once the report, if any, resulting from the investigation has been made public; and
441(d) Any violations of the Code of Judicial Conduct that have been committed by a JCC and investigated by the director of the Division of Administrative Hearings once a report, if any, has been made public.
477(4) Upon review of the data and materials set forth above, a majority affirmative vote by the Statewide Nominating Committee’s members to recommend an applicant for reappointment shall be a determination by them that the JCC’s performance is “satisfactory.”
516Rulemaking Authority 518440.45(4) FS. 520Law Implemented 522440.25(1), 523(4)(a)-(e), 524440.34(2), 525440.442, 526440.45(1)(a), 527(4) FS. History–New 5-22-18.
