Fla. Admin. Code R. 60Q-6.122

Current through Reg. 50, No. 235-239, December 10, 2024

Section 60Q-6.122 - MOTION FOR RE-HEARING AND AMENDING OR VACATING ORDER

(1) A motion for rehearing shall state specifically the grounds on which it is based and should not be used to re-argue issues already determined. A motion for re-hearing shall be filed and served within 10 days from the date of the order sought to be reviewed. The judge shall rule on the motion within 10 days of service. Any response to the motion shall be filed within five days of service of the motion. If the judge has not ruled by the close of business 10 days after service, the motion shall be deemed denied.

(2) The motion shall be limited to the following reasons:

(a) To challenge rulings that were outside the scope of the issues presented; or

(b) To seek clarification in matters of law or fact that the judge may have overlooked or misapprehended.

(3) A motion for re-hearing does not toll the time within which an order becomes final or an appeal may be filed.

(4) Abbreviated final orders are not subject to a motion for re-hearing.

(5) A judge, on the judge's own initiative or on the motion of any party, may vacate or amend an order not yet final to correct clerical or technical errors, or where due consideration of a motion for re-hearing cannot be made before the order becomes final.

(6) Notwithstanding subsection 60Q-6.115(4), F.A.C., if the motion for re-hearing is directed to an appealable order, the moving party may request a hearing on the motion which the judge may schedule if there are exceptional circumstances or good cause shown in the motion.

Fla. Admin. Code Ann. R. 60Q-6.122

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS.

New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, Amended by Florida Register Volume 40, Number 210, October 28, 2014 effective 11/10/2014.

New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14.