73B-21.011. Newly Discovered Evidence  


Effective on Wednesday, August 20, 1986
  • 1(1) A party may request the Commission to consider newly discovered evidence which by due diligence could not have been discovered in time for presentation at the hearing before the appeals referee.

    33(2) The request shall be in writing and shall include a clear and concise description of the evidence. The requesting party shall demonstrate that the evidence is material to the outcome of the case and that it could not have been discovered prior to the hearing by an exercise of due diligence.

    85(3) When the Commission grants a party’s request to enter new evidence into the official record, the opposing party shall be given the opportunity to examine the evidence and offer rebuttal.

    116Rulemaking Authority 118443.012(11) FS. 120Law Implemented 122443.151(4)(d) FS. 124History–New 5-22-80, Formerly 38E-3.05, Amended 8-20-86, Formerly 38E-3.005, 13260BB-7.005, 13373B-22.005.