8699850, 60Q-6.101 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8699850

Notice of Development of Rulemaking

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Division of Administrative Hearings

Chapter:

RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS

Overview

RULE:

60Q-6.101	Scope
60Q-6.102	Definitions
60Q-6.103	Pleadings and Proposed Orders
60Q-6.104	Representation and Appearance of Counsel
60Q-6.105	Commencing a Case, Subsequent Petitions
60Q-6.106	Consolidation and Venue
60Q-6.107	Amendment and Dismissal of Petition for Benefits
60Q-6.108	Filing and Service
60Q-6.109	Computation of Time
60Q-6.110	Mediation, Generally
60Q-6.111	Authority and Duties of Mediator
60Q-6.112	Disqualification of Mediator
60Q-6.113	Pretrial Procedure
60Q-6.114	Discovery
60Q-6.115	Motion Practice
60Q-6.116	Prosecution of Claims and Petitions for Benefits
60Q-6.117	Emergency Conferences
60Q-6.118	Expedited Hearings
60Q-6.119	Abbreviated Final Orders
60Q-6.120	Summary Final Order
60Q-6.121	Evidence
60Q-6.122	Motion for Rehearing and Amending or Vacating Order
60Q-6.123	Settlements Under Section 440.20(11), Florida Statutes
60Q-6.124	Payment of Attorney's Fees and Costs Other Than Pursuant to Section 440.20(11), Florida Statutes
60Q-6.125	Sanctions
60Q-6.126	Disqualification or Recusal of Judges
60Q-6.127	Procedure for Relief from Appellate Filing Fee and Costs
60Q-6.128	Destruction of Obsolete Records

PURPOSE:

Procedural rules for adjudication of workers’ compensation claims were implemented on February 23, 2003, and amended in 2006, pursuant to the mandate in Section 440.45, Florida Statutes, that the Office of the Judges of Compensation Claims adopt procedural rules. Since Sections 440.015 and 440.44(2), Florida Statutes, require that the workers’ compensation system be efficient and self-executing and that the Division of Administrative Hearings assume an active and forceful role in achieving that goal, it is necessary to amend the existing rules to conform with subsequent statutory changes and to incorporate changes that will improve the adjudicatory process based upon experience in utilizing the existing rules.

SUBJECT:

Procedural rules applicable to workers’ compensation adjudications before the judges of compensation claims.

RULEMAKING AUTHORITY:

61.14(8)(a), 440.25(4)(g), 440.29(3), 440.44(7), 440.45(1), (4) FS.

LAW:

61.14(8)(a), 440.015, 440.192, 440.20, 440.25, 440.29(3), 440.33, 440.34, 440.44, 440.45(1), (4) FS.

PRINT PUBLISH DATE:

5/28/2010 Vol. 36/21

RELATED STATUTES
AND LAWS:

61.14(8)(a), 440.25(4)(g), 440.29(3), 440.44(7), 440.45(1), (4) FS., 61.14(8)(a), 440.015, 440.192, 440.20, 440.25, 440.29(3), 440.33, 440.34, 440.44, 440.45(1), (4) FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=60Q-6.101&PDate=5/28/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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