The Board proposes the repeal of the rules for Rules 61E13-2.004, 61E13-2.009 and 61E13-2.011, F.A.C., as these rules simply reiterate or paraphrase statutory material.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Pilotage Rate Review Board

RULE NO: RULE TITLE
61E13-2.004: Initiation of Rate Change
61E13-2.009: Effective Date of Orders
61E13-2.011: Request for Hearing Pursuant to the Administrative Procedure Act
PURPOSE AND EFFECT: The Board proposes the repeal of the rules for Rules 61E13-2.004, 61E13-2.009 and 61E13-2.011, F.A.C., as these rules simply reiterate or paraphrase statutory material.
SUMMARY: These rules are being repealed.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 310.151(1)(c) FS.
LAW IMPLEMENTED: 310.151 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, Pilotage Rate Review Board, Department of Business and Professional Regulation, Northwood Centre, 1940 North Monroe Street, Tallahassee, FL 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61E13-2.004 Initiation of Rate Change.

The process by which the Board fixes rates of pilotage may be initiated by:

(1) the filing of an application by pilot; or

(2) the filing of an application with the Board by “persons other than a pilot or group of pilots.”

Rulemaking Specific Authority 310.151(1)(c) FS. Law Implemented 310.151 FS. History–New 8-8-95, Repealed________.

 

61E13-2.009 Effective Date of Orders.

The order of intended agency action issued by the Board shall fix the rates of pilotage to be charged by licensed state pilots at the affected port as of a date specified in the order.

Rulemaking Specific Authority 310.151(1)(c) FS. Law Implemented 310.151 FS. History–New 8-8-95, Repealed________.

 

61E13-2.011 Request for Hearing Pursuant to the Administrative Procedure Act.

Within 21 days after receipt or publication of the notice, the applicant or any person whose substantial interests will be affected by the intended Board action may request an administrative hearing pursuant to the Administrative Procedure Act. The request for hearing shall be in conformance with Florida Administrative Code Chapter 28-5.106 of the “Uniform Rules of Procedure.” The failure to request an administrative hearing within 21 days after receipt or publication of notice of the intended agency action shall constitute a waiver of any right to an administrative hearing and shall cause the order modifying the pilotage rates in that port to be entered as a final order by filing with the clerk of the Department of Business and Professional Regulation.

Rulemaking Specific Authority 310.151(1)(c) FS. Law Implemented 310.151, 120.57 FS. History–New 8-8-95, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pilotage Rate Review Board
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pilotage Rate Review Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 9, 2009