§ 33-38. Conduct of hearings; employment, authority, compensation of examiner, reporter; findings, reports; hearings on exceptions to report.

The board may, if it deems it necessary, employ an examiner or examiners who shall conduct such of the public hearings provided for by section 12 [section 33-37] of this act [article] as may be referred to said examiner or examiners by the board.

(a)

The board may enter an order referring to the hearing to an examiner, which order shall be filed by the clerk of the board and shall become a part of the records of said board.

(b)

The examiner shall regulate all of the proceedings in every hearing before him, upon every reference, and he shall have full authority to examine the proponent, the objector and all witnesses, upon oath, touching all material matters relative to the application and also to direct the mode in which the matters requiring evidence shall be proved before him, and generally to do other acts, and direct all other inquiries and proceedings in the matter before him which he may deem necessary and proper to the justice and merits thereof and the rights of the parties. The examiner shall also administer the oath to all witnesses testifying before him.

(c)

The evidence in all examinations before the examiner shall be taken down in writing by the examiner or by some other person, by his authority, in his presence and shall be transcribed and filed with his report.

(d)

The examiner shall forthwith, after the public hearing, make his report to the board. Said report shall be in writing and shall make findings of fact and recommendations as to the determination of the application, and attached to said report and made a part thereof shall be all testimony taken at said public hearing, together with all engineering and other data considered by the examiner in making his recommendations.

(e)

Said report shall be filed with the clerk of the board and the clerk of the board shall notify by mail or personal service all of the persons, firms or corporations entitled under section 12 [section 33-37] of this act [article] to notice of the hearing that said report has been filed.

Any person, firm or corporation, including the State of Florida, Orange County, Florida, and any municipality within said district, in the event they are aggrieved by the findings of fact and recommendations of the examiner, may, within thirty (30) days of the mailing of the notice of the filing of said report, file exceptions to said report, which exceptions shall specify wherein they are aggrieved and wherein the report and recommendations are erroneous. If no exceptions are filed within the said time as above provided, the report shall be confirmed by order of the board. If exceptions are filed, they shall stand for hearing before the board within thirty (30) days of the filing of the exceptions and notice of said hearing, in writing by the clerk, shall be given to those persons entitled under the terms of this act [article] to notice of the filing of the examiner's report.

(f)

At the hearing before the board of exceptions to the examiner's report, the board shall consider the exceptions to the examiner's report and the record of testimony taken before the examiner, without presumptions as to the examiner's findings of fact, the engineering and other data, and shall either confirm the examiner's report or enter such other determination in the matter as is proper; said order shall be filed with the clerk of the board and shall be open to the public. After the entry of said order, the procedure for rehearing before the board and review by the circuit court shall be the same as heretofore provided where the board originally hears the testimony.

(g)

The compensation of the examiner and of all other persons necessary to conduct said hearings, including a reporter, shall be paid by the board.

(Code 1965, § 36-30.13; Laws of Fla. ch. 57-1643, § 13)