37-3.005. Rule Making Proceeding - Hearing (Repealed)  


Effective on Sunday, May 27, 2012
  • 1(1) If the rule does not relate exclusively to organization, practice or procedure, the Council shall provide, upon request, a public hearing for presentation of oral statements, within the reasonable conditions and limitations imposed by the Council to avoid duplication, irrelevant comments, unnecessary delay or disruption of the proceeding. Written statements may be submitted to the Council by any person.

    61(2) If the Council does not hold a public hearing and materially modifies or alters the proposed rule after notice and receipt of evidence and argument, the Council must again provide affected persons the opportunity to present evidence and argument on all issues of the modified, proposed rule.

    109(3) Subsection (2) shall not apply if the Council holds a public hearing upon the rule(s). A public hearing shall be held if an affected person requests within fourteen (14) days after the date of publication of notice.

    147(4) The Council shall prepare an agenda for the hearing that provides affected persons with sufficient time to present evidence, oral statements, and other information.

    172(5) If the material is officially recognized by the Council, this material may be part of the record and all affected persons shall be given a reasonable opportunity to examine it and offer comments and rebuttal.

    208(6) Upon request of any affected person, the Council shall cause to be made a transcript of the proceeding and copies of the transcript shall be available to the public. Cost of preparing the transcript and having the proceeding recorded shall be paid by the requesting person. A copy of the transcript shall be available to the public at cost.

    268(7) The record of the proceeding shall include the notice and agenda, all written statements, petitions, requests, and all evidence presented to the Council regardless of whether a public hearing is requested. If a transcript is requested, a copy of the transcript shall also be included in the record. Cost of preparing the transcript shall be paid by the requesting person. The record shall be available for public inspection.

    337Rulemaking Authority 339120.53(1), 340163.706(4) FS. Law Implemented 344120.53, 345120.54 FS. 347History–New 2-19-78, Formerly 37-3.05, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

     

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