62-110.103. Rulemaking Procedures

(1) Notice.

(a) In addition to complying with the notice provisions of Rule Chapter 28-103 of the Uniform Rules of Procedure, notice of the Department’s intent to adopt, amend, or repeal a rule shall be given in accordance with any applicable federal regulations, and a copy of the notice for any rulemaking hearing before the Environmental Regulation Commission shall be mailed to each Commissioner on the same day the notice is submitted to the Florida Administrative Weekly.

(b) When a proposed rule is directed toward a particular class of persons, the notice published in the Florida Administrative Weekly is the prescribed notice unless a statute requires additional notice.

(2) Public Participation.

(a) In conducting the hearing, the Commission or Secretary shall swear all witnesses and shall follow Robert’s Rules of Order Newly Revised (9th ed. 1990) when necessary to resolve procedural questions not covered by either the Department’s rules or the Uniform Rules of Procedure.

(b) After publication of the notice of proposed rulemaking under Section 120.54(3)(a) of the Florida Statutes, any proposed amendments to the rule as noticed or other comments or objections should be submitted in writing no later than fifteen days before the hearing to the Commission and the Secretary, to allow sufficient time to evaluate the proposed amendments and facilitate greater public participation. Nothing in this paragraph shall be considered to abridge the right of any affected person to participate at a hearing conducted by the Commission or Secretary. Proposed amendments submitted in accordance with this paragraph shall

1. Be submitted on opaque, unglossed white paper measuring 8 1/2 by 11 inches, with numbered lines, and clearly identify the portion of the rule proposed to be amended;

2. Indicate deletions from the rule as noticed by double struck-through type and additions by double underlining; and

3. Include an explanation of the reasons for the proposed amendment and objections to the language of the rule as noticed.

(3) Rulemaking proceedings before the Commission shall be recorded. The Department shall make appropriate arrangements to ensure that the Commission rulemaking proceedings are recorded and preserved. A written transcript of the rulemaking proceeding shall be prepared, if requested, at the cost of the requesting party. Rulemaking proceedings before the Secretary shall be mechanically recorded and preserved. If requested, a written transcript of the recording shall be prepared, or a copy of the recording provided, at the cost of the requesting person.

Specific Authority 120.54(5) FS. Law Implemented 120.52(7), 120.54(3)(a),(c),(5)(b), 120.569, 120.57, 373.026, 373.044, 403.804, 403.805 FS. History–New 7-1-98.