Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-22 - RULES GOVERNING PRACTICE AND PROCEDURE › Section 25-22.0022 - Oral Argument Rule

Current through Reg. 50, No. 138; July 16, 2024
(1) Oral
				argument must be sought by separate written request filed concurrently with the
				motion on which argument is requested, or no later than 10 days after
				exceptions to a recommended order are filed. Failure to timely file a request
				for oral argument shall constitute waiver thereof. Failure to timely file a
				response to the request for oral argument waives the opportunity to object to
				oral argument. The request for oral argument shall state with particularity why
				oral argument would aid the Commissioners, the Prehearing Officer, or the
				Commissioner appointed by the Chair to conduct a hearing in understanding and
				evaluating the issues to be decided, and the amount of time requested for oral
				argument.
(2) The Commission may
				request oral argument on matters over which it presides. The Prehearing Officer
				may request oral argument on matters over which he or she presides. The parties
				will be notified directly when oral argument is scheduled.
(3) Granting or denying a request for oral
				argument is within the sole discretion of the Commission or the Prehearing
				Officer whichever presides over the matter to be argued.
(4) The staff attorney assigned to the docket
				may participate in any oral argument on that docket.
(5) Oral argument will not be entertained on
				a post-hearing recommendation on the merits of the case. However, when the
				Commission votes on a recommended order requests for oral argument will be
				entertained.
(6) Oral argument will
				not be entertained on a request for oral argument.
(7) Oral argument at an agenda conference.
(a) Oral argument at an agenda conference
				will only be entertained for recommended orders and dispositive motions, such
				as motions to dismiss, motions for summary final order, and motions for
				reconsideration of non-final or final orders. Only parties to the docket and
				the staff attorney may participate in the oral argument.
(b) The Commission can request oral argument
				on any issue to be decided by a dispositive motion or recommended order. The
				listing of the dispositive motion or recommended order on the notice of the
				agenda conference shall serve as notice to the parties to be prepared for oral
				argument on all issues associated with the dispositive motion or recommended
				order on the agenda, even if a request for oral argument has not been made by a
				party, or if a request made by a party pertains to a limited number of issues.
				Notice of the agenda conference can be found at
www.psc.state.fl.us/agendas
,
				as explained in subsection
				 25-22.0021(1),
				F.A.C.
(c) If a request for oral
				argument filed by a party is scheduled to be taken up at an agenda conference,
				and the request is granted at that time, the oral argument will occur at that
				agenda conference. At the agenda conference where the request is taken up,
				parties should be prepared to proceed with oral argument on all issues
				pertaining to the dispositive motion or recommended order, whether raised in
				the request for oral argument or not. Notice that such a request will be taken
				up is provided at
www.psc.state.fl.us/agendas
, as
				explained in subsection
				 25-22.0021(1),
				F.A.C.
(d) This rule does not
				restrict the scheduling of oral arguments to agenda conferences. Oral arguments
				can be scheduled at any time, in which case the parties will be directly
				notified of the time and place.