§ 4.10 Review by Board of Governors

Codes > Florida Statutes > Rules Regulating > Standing Policies : 400 > 4.10

4.10. Review by Board of Governors

    (a) Request for Review. A request for BOG review of an AC decision must be filed with the executive director within 10 days' notice of the AC's decision and must clearly demonstrate that the AC misconstrued the rules or the issue on appeal has significant programmatical impact. Such request shall be briefly summarized and shall not be accompanied by any materials already contained in the record before the AC.

    (b) Response. The appellee may file a brief response within 10 days of the date the request for review is filed with the executive director.

    (c) Procedures. The BOG shall consider the request for review and response at its next regular meeting. Oral argument shall not be permitted. The decision of the BOG shall be by a majority of members voting, excluding the AC members who voted on the original decision.

    (d) Denials of Review Requests. If the request for review is denied, the AC decision shall stand as the decision of the BOG.

    (e) Grants of Review Requests. If the request for review is granted, the complete appellate record shall be transmitted to the BOG for consideration at its next regular meeting. If requested, oral argument shall be permitted. In determining whether to uphold or reverse the AC decision, the standard of review shall be clear and convincing error. The decision of the BOG shall be by a majority of members voting, including the AC members who voted on the original decision.

    (f) Notice of Board Action. The executive director shall give notice of the BOG's decision to the appellant and appellee, by certified mail, within 20 days of the board meeting at which such decision was rendered.

    (g) Ex Parte Communications. Because the appellate process is of a quasi-judicial nature, ex parte communications by anyone to members of the AC or BOG are prohibited.