BEFORE THE

STATE OF FLORIDA

COMMISSION ON ETHICS

In re FRANK RYSAVY, )

Respondent. ) Complaint No. 91-72

) DOAH Case No. 93-6539EC

)

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ORDER DENYING RESPONDENT'S MOTION

FOR REHEARING

This matter came before the Commission on Ethics on the Respondent's Motion for Rehearing wherein the Respondent requests that this Commission, pursuant to Rule 34-9.018, Florida Administrative Code, rehear its Final Order and Public report rendered on December 6, 1994.

Commission Rule 34-9.018, F.A.C., permits the Respondent to request a rehearing of the final action taken by the Commission in a proceeding conducted pursuant to Section 112.322(2), Florida Statutes, that is, a proceeding requested by a public officer or employee in response to allegations made against such person that he violated Part III, Chapter 112, Florida Statutes, or breached the public trust, and which are determined by the Commission to be of such gravity as to affect the general welfare of the State and the ability of the subject public officer or employee to discharge the duties of his office. No similar rule permitting rehearing of the Commission's final action exists in Commission Rule Chapter 34-5, Florida Administrative Code, which governs the receipt and disposition of all complaints concerning breach of the public trust under Article II, Section 8(f), Florida Constitution, and pursuant to which this proceeding was held.

Upon consideration of the pleadings and arguments of the Commission Advocate and the Respondent, we hereby deny the Respondent's Motion for Rehearing.

ORDERED by the State of Florida Commission on Ethics meeting in public session on Thursday, December 1, 1994.

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Date Rendered

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R. Terry Rigsby

Chairman

cc: Mr. Andrew B. Potter, Complainant

Mr. Sam Goren and Mr. Leonard Rubin, Attorneys for Respondent

Mr. Marty Moore, Commission Advocate