42-1.009. Initial Agency Action

(1) Within fourteen (14) days from receipt of the Petition, the Secretary shall:

(a) Determine that all the elements and contents of the Petition, as listed in Section 190.005(1)(a), F.S. and Rule 42-1.008, F.A.C., are contained in the Petition and that the Petition is complete, and if so,

(b) Forward the Petition to the Director of the Division of Administrative Hearings with:

1. A written request for a local public hearing to be held pursuant to Section 190.005(1)(d), F.S., and

2. A written certification that all required elements are addressed in the Petition.

(2) If the Secretary determines the Petition does not contain the required elements, he shall notify the petitioner, in writing, identifying the missing element(s) within fourteen (14) days from receipt of the Petition. The petitioner shall have thirty (30) days from the date of such written notice to submit the necessary additional information. Failure of a petitioner to file all required information within thirty (30) days after such notice will result in termination of the rulemaking proceeding and withdrawal of the Petition, unless the petitioner and the Secretary otherwise agree in writing to an extension of time.

Rulemaking Authority 190.005 FS. Law Implemented 190.005 FS. History–New 6-21-82, Formerly 42-1.09.