62-560.550. Manner of Decision on Variances, Exemptions, and Waivers
Effective on Tuesday, November 27, 2001
1For the purposes of this section, the term “waivers” only applies to waivers of disinfection requirements under Rule 1962-560.530, 20F.A.C., and waivers of certified operator requirements under Rule 2962-560.540, 30F.A.C. Within 90 days of receipt of a complete request, the Department shall make a decision on the request. The applicant shall be notified of the Department’s intended decision by a written notice which states with particularity the grounds for the decision. The notice shall also contain an intended schedule for compliance with that from which a variance or exemption is sought. A hearing may be requested on the Department’s intended decision in accordance with Chapter 120, F.S. Whenever the Department issues a letter of intent to grant or deny a variance, exemption, or waiver, the Department shall give all affected persons constructive notice of the compliance schedule or terms of the waiver by publication in the Florida Administrative Weekly, and the supplier of water shall give notice in a newspaper of general circulation in the area affected by the variance, exemption, or waiver. In order to request a public hearing, the request must be received within thirty days of publication of the intended agency action. The Department shall only act upon hearing requests from persons whose substantial interests are affected. If a hearing is not requested within the allotted time, the right to an administrative hearing shall be deemed waived, and the Department’s intended decision shall be final.
