1. (1) When negotiations reach impasse and no mediator has been appointed, or upon the request of either party, the Commission shall, through the Chair, provide for the appointment of a special magistrate.
2. (2) The parties may agree to the appointment of an individual who will be appointed by the Chair if the Chair finds that such individual is qualified pursuant to Rule 60CC-3.003, F.A.C.

3. (3) If the parties do not jointly request the appointment of a specific individual, the Chairm or his or her designated agent shall furnish the names and biographies of seven individuals listed on the Special Magistrate Roster.

   1. (a) Within 20 days after the date of the letter transmitting the list of choices, each party shall notify the Chairman in writing of its rejection of three choices or its preference for one choice.
   2. (b) Where the parties both indicate a preference for the same choice, that individual shall be appointed by the Chair.
   3. (c) Where the parties both reject the same choice, the Chair shall appoint one of the remaining individuals.
4. (4) If the parties are unable to agree upon an acceptable special magistrate from the panel of three furnished by the Chair or his designated agent, the Chair shall appoint a special magistrate, at his or her discretion, from the Special Magistrate Roster.

Rulemaking Authority 447.207 FS. Law Implemented 447.207, 447.403 FS. History–New 5-6-79, Formerly 38D-19.05, Amended 11-26-86, Formerly 38D-19.005.