The purpose of this rule amendment is to amend the rules to reflect the Division of Administrative Hearings as the official reporter for the Department of Education. The effect is rules aligned with current procedures.

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-16.018: Designation of Official Reporter
6A-16.021: Plan
6A-16.025: Maintenance of Records
PURPOSE AND EFFECT: The purpose of this rule amendment is to amend the rules to reflect the Division of Administrative Hearings as the official reporter for the Department of Education. The effect is rules aligned with current procedures.
SUMMARY: These rules are amended to reflect the Division of Administrative Hearings as the official reporter.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on past experiences with rules relating to the indexing of final orders and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 120.53(1)(c)5. FS.
LAW IMPLEMENTED: 119.021(3), 120.53(1), (2) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 18, 2013, 10:30 a.m.
PLACE: Le Cordon Bleu College of Culinary Arts, 8511 Commodity Circle, Suite 100, Orlando, FL
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lynn Abbott, Agency Clerk, 325 W. Gaines Street, Suite 1514, Tallahassee, FL 32399, [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-16.018 Designation of Official Reporter.

(1) Report for subject matter index. The Division of Administrative Hearings FLORIDA ADMINISTRATIVE LAW REPORTS (FALR) is hereby designated the official reporter for the purpose of publishing and indexing by subject matter all Department final orders required to be indexed by Rule 1B-32.001 1S-6.001, F.A.C.

(2) The Agency Clerk shall determine the final orders required to be indexed.

Rulemaking Specific Authority 120.53(1)(c)5. FS. Law Implemented 120.53(2) FS. History–New 7-7-92,             .

 

6A-16.021 Plan.

(1) The Department shall enhance the accessibility of final orders by sequentially numbering final orders that are required to be indexed and listed, pursuant to the provisions of Rule 6A-16.022, F.A.C. The Department shall make the final orders, subject matter index, and the list available to the public.

(2) The Agency Clerk shall assist the public in obtaining information pertaining to final orders. The Office of the Agency Clerk is located in Room 1514, 325 West Gaines Street, Tallahassee, Florida 32399-0400. The office is open to the public between the hours of 8:00 a.m. and 5:00 p.m., excluding holidays and weekends.

(3) Final orders required to be indexed may be found by utilizing the Commissioner’s Official Reporter, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399, telephone number [phone] or online at http://www.doah.state.fl.us/ALJ/ FLORIDA ADMINISTRATIVE LAW REPORTS (FALR). The official reporter is found at most county law libraries and is available by subscription at FLORIDA ADMINISTRATIVE LAW REPORTS (FALR), Post Office Box 385, Gainesville, Florida 32602, telephone number [phone]. A subscription to FALR is maintained at the Office of the Agency Clerk. A subscription to the FALR is also maintained at the Office of the General Counsel of the Department of Education.

(4) Final orders which are listed, but not indexed and published, are maintained at both the Office of the Department’s Official Reporter and at the Office of the Agency Clerk and are available for public inspection and copying at cost.

(5) The list of final orders not indexed and published is maintained at both the Office of the Department's Official Reporter and the Office of the Agency Clerk and is available for public inspection and copying at cost.

Rulemaking Specific Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1), (2) FS. History–New 7-7-92,             .

 

6A-16.025 Maintenance of Records.

Final orders that comprise final agency action and that must be indexed or listed pursuant to this chapter shall be maintained by the Agency Clerk, 325 West Gaines Street 1702 Capitol, Suite 1514, Tallahassee, Florida 32399-0400 and by the Department’s Official Reporter, Division of Administrative Hearings FLORIDA ADMINISTRATIVE LAW REPORTS, 1230 Apalachee Parkway Post Office Box 385, Tallahassee Gainesville, Florida 32399 32602, telephone number [phone] [phone].

Rulemaking Specific Authority 120.53(1)(c)5. FS. Law Implemented 119.021(3), 120.53(1)(f) FS. History–New 7-7-92,             .

NAME OF PERSON ORIGINATING PROPOSED RULE: Lynn Abbott, Agency Clerk, Department of Education
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 6, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 3, 2012