Section 34-5.017 - Disqualification of Commission Members(1) Commission members shall be disqualified from sitting as a member of the Commission at either the probable cause hearing or the final public hearing for bias, prejudice, or interest. Disqualification may be raised by a party, by the Advocate, or by any member, but not by the complainant.(2) Unless good cause is shown, all motions for disqualification shall be filed with the Commission at least 5 days prior to the hearing at which the member is expected to participate. The motion shall be accompanied by an affidavit stating the particular grounds.(3) Unless denied as untimely, the motion shall be ruled on by the Commission member whose disqualification is sought; the ruling shall be based on the legal sufficiency of the motion and affidavit. If the motion and affidavit are found legally sufficient, the member shall disqualify himself or herself.Fla. Admin. Code Ann. R. 34-5.017
Rulemaking Authority Art. II, Section 8(f), (h), Fla. Const., 112.322(9) FS. Law Implemented Art. II, Section 8(f), (h), Fla. Const.
New 4-7-77, Amended 9-21-77, 7-13-80, Formerly 34-5.17, Amended 2-16-95.New 4-7-77, Amended 9-21-77, 7-13-80, Formerly 34-5.17, Amended 2-16-95.