62C-16.0033. Application Review Procedures

(1) General Processing Procedures.

(a) All applications shall be processed in accordance with the provisions of Chapter 120, F.S.

(b) Within 30 days after the receipt of an application, the Department shall examine the application, notify the applicant of any apparent errors or omissions, and request any information the Department is permitted by law to require. As part of its request, the Department may require the applicant to provide one document that has been revised to incorporate all submitted corrections and additional information.

(c) If the reclamation activities for which the applicant seeks approval are exempt from the requirements of this chapter, the Department shall notify the applicant of its findings within 10 days after receipt of the original application or the timely requested additional information or correction of errors or omissions.

(d) After receipt of any request for additional information or correction of apparent errors or omissions, the applicant shall:

1. Provide the requested additional information or correction of errors or omissions; or

2. Identify any items in the request which the applicant believes are not authorized by law or rule and provide all of the requested additional information or corrections that the applicant is willing to provide.

(e) If the applicant fails to respond, as required in paragraph (d) above, to any request for additional information or correction of apparent errors or omissions, the Department shall proceed to process the application after notifying the applicant of its intent to do so and specifying the date on which processing will resume. In accordance with Section 120.60, F.S., the Department shall not deny an application for failure to correct an error or omission or to supply additional information, unless the Department timely notified the applicant of the error or omission within 30 days after receipt of the application.

(f) Within 30 days after receipt of any requested additional information or corrections, the Department shall examine such information or corrections and shall notify the applicant of any apparent errors or omissions in or additional information needed to clarify or to answer new questions raised by or directly related to the newly submitted material.

(g) The Department shall take final agency action to approve, approve with conditions, or deny an application within 90 days after receipt of a complete application, unless a written request to waive this time period is received from the operator. The final agency action shall satisfy the time periods established in Section 120.60(2), F.S., for approval or denial within 90 days after receipt of a complete application. The Department shall require the operator to publish, at the operator’s expense, a notice of final agency action in a newspaper of general circulation in the area affected. The applicant may grant at any time a specific time period for which the 90-day period for Department action may be tolled. The grant shall be in writing and shall state the reason and length of time the 90-day period may be tolled. Such grant shall not act to preclude the Department from taking action at any time after the 90-day period has begun.

(2) Revisions.

(a) If the Department receives an unsolicited revision to an application before Department action on the application, the revision may be considered as part of the application, provided that:

1. The revision does not require additional information or corrections to be submitted, and

2. The Department has enough time to review the revision and meet normal internal processing deadlines.

(b) The Department shall notify the applicant within 30 days after receipt of a revision whether or not that revision will be considered as part of the application, unless that revision is received less than 30 days prior to the date the Department intends to take action. If a revision is received less than 30 days prior to the date the Department intends to take action, the Department shall notify the applicant as soon as practical whether or not the revision will be or was considered.

(c) If the Department notifies the applicant that a revision cannot be considered, the applicant may withdraw and refile the original application to incorporate the revision.

(3) Withdrawals. An applicant may withdraw an application at any time prior to the Department’s action, provided that notice of withdrawal is submitted in writing to the Department. A new application shall be filed within 30 days of receipt of the Department’s notice that a new application is required, unless a later date is approved by the Department. The Department shall approve any reasonable later date that is based on the applicant’s need to redesign any or all of the reclamation plan.

(4) Comments from Other Agencies. The Department may seek comments from other appropriate agencies; however, the Department’s consideration of comments on applications shall be limited to matters within the jurisdiction of the commenting agency.

(5) Approval of a conceptual plan, modification, or variance does not constitute a statement or admission by the Department concerning the ownership of any interests in lands included in a conceptual plan.

Rulemaking Authority 378.205 FS. Law Implemented 120.60, 211.32, 378.205, 378.212 FS. History–New 2-22-87, Formerly 16C-16.0033, Amended 5-28-06.