(2) Referrals to Disciplinary Review Committee and Board of Governors. If the designated reviewer refers the matter to the disciplinary review committee, bar counsel prepares and submits a discipline agenda item for consideration by the committee. Bar counsel must give notice to respondent and complainant that the designated reviewer has made the referral for review.
(3) Nature of Disciplinary Review Committee and Board of Governors Review. The Florida Bar is a party in disciplinary proceedings and has no authority to adjudicate rights in those proceedings. Any review on referral from a designated reviewer is consultation on pending litigation and is not subject to intervention by persons outside the relationship between the bar and its counsel.
(4) Effect of Failure to Timely Make the Request for Reconsideration or Referral for Review. If the designated reviewer fails to make the request for reconsideration or referral within the time prescribed, the grievance committee action becomes final.
(5) Authority of Designated Reviewer to Make Recommendations. When the designated reviewer makes a request for reconsideration or referral for review, the designated reviewer may recommend:
(B) referral of the matter to the fee arbitration program;
(C) closure of the disciplinary file by diversion to a component of the practice and professionalism enhancement program;
(D) closure of the disciplinary file by the entry of a finding of no probable cause;
(E) closure of the disciplinary file by the entry of a finding of no probable cause with a letter of advice;
(F) a finding of minor misconduct; or
(G) a finding of probable cause that further disciplinary proceedings are warranted.
(2) referral of the matter to the fee arbitration program;
(3) closure of the disciplinary file by diversion to a component of the practice and professionalism enhancement program;
(4) closure of the disciplinary file by the entry of a finding of no probable cause;
(5) closure of the disciplinary file by the entry of a finding of no probable cause with a letter of advice;
(6) a finding of minor misconduct; or
(7) a finding of probable cause that further disciplinary proceedings are warranted.
(2) referral of the matter to the fee arbitration program;
(3) closure of the disciplinary file by diversion to a component of the practice and professionalism enhancement program;
(4) closure of the disciplinary file by the entry of a finding of no probable cause;
(5) closure of the disciplinary file by the entry of a finding of no probable cause with a letter of advice;
(6) a finding of minor misconduct; or
(7) a finding of probable cause that further disciplinary proceedings are warranted.
(e) Finding of No Probable Cause. A finding of no probable cause by the board is final and no further proceedings may be conducted in the matter by The Florida Bar unless a reason arises at a later time to re-open the file.
(f) Control of Proceedings. Bar counsel, however appointed, is subject to the direction of the board at all times. The board, in the exercise of its discretion as the governing body of The Florida Bar, has the power to terminate disciplinary proceedings before a referee prior to the receipt of evidence by the referee, whether these proceedings have been instituted on a finding of probable cause by the board or a grievance committee.
(g) Filing Service on Board of Governors. All matters to be filed with or served on the board must be addressed to the board of governors and filed with the executive director.
(h) Custodian of Bar Records. The executive director or his designees are the custodians of the official records of The Florida Bar.
