CEO 75-148 -- July 9, 1975

FORMER HEARING EXAMINER

APPLICABILITY OF FINANCIAL DISCLOSURE LAW

To: Tom J. Johnson, Jr., Tampa

Prepared by: Bonnie Johnson

SUMMARY:

Where a former hearing examiner for a state agency has removed himself from availability to serve as an examiner, and where the last case he heard was prior to the effective date of the financial disclosure law, he is not deemed to be a public officer pursuant to s. 112.312(7)(c), F. S. (1974 Supp.). Therefore, he is not subject to financial disclosure requirements.

QUESTION:

Am I a public officer subject to financial disclosure pursuant to part III, Ch. 112, F. S. (1974 Supp.), because I was formerly on the list of approved hearing examiners with the Department of Pollution Control but heard my last case in 1972?

Your question is answered in the negative.

Pursuant to s. 112.312(7)(c), F. S. (1974 Supp.), and a previous opinion of this commission, CEO 74-70, hearing examiners come within the definition of the term "public officer" for purposes of financial disclosure. However, since you have now removed yourself from availability to serve as a hearing examiner for the Department of Pollution Control, and since the last case you heard took place prior to the effective date of the financial disclosure law, we are of the opinion that you are no longer considered to be a hearing examiner and therefore are not a "public officer" for purposes of financial disclosure.