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Florida Administrative Code (Last Updated: June 27, 2024) |
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42. Florida Land and Water Adjudicatory Commission |
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D42. Departmental |
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42-2. Rules Of Appeals Procedure |
1(1) Any person entitled to be a party to the proceedings may file and answer to the petition. The answer shall be filed within twenty (20) days of service of the petition on the party and shall either admit, deny or state it is without knowledge of each and every allegation in the petition. Answers may admit in part, and should elaborate on or explain relevant issues of fact in a manner that will simplify the ultimate issues. The answer may contain affirmative defenses. Any allegation within the petition which is not denied in the answer may be tried as uncontested and evidence to controvert any such allegation may be considered inadmissible. The answer shall further contain the name and address of the respondent for purposes of service.
129(2) Any motions in opposition to a petition shall in all cases be filed with the answer. Such motions shall set forth in ordinary and concise language the basis for the opposition. In its objection to the petition, a party may:
170(a) Oppose the petition on the ground that it does not state facts sufficient to serve as a basis for appeal;
191(b) Oppose the form of particular allegations of the petition on grounds of ambiguity, vagueness, or uncertainty;
208(c) Oppose the petition on any other ground authorized by law.
219Rulemaking Authority 221373.114(1)(f), 222380.07(1) FS. 224Law Implemented 226380.07 FS. 228History–New 10-2-75, Formerly 22G-1.04, 27G-1.04.
