Clarifies change of address for parties and counsel, and amendment for company names.

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Administrative Hearings

RULE NO.:RULE TITLE:

60Q-6.107Amendment and Dismissal of Petition for Benefits

PURPOSE AND EFFECT: Clarifies change of address for parties and counsel, and amendment for company names.

SUMMARY: Paragraph 2 delineates filing for change within a case or within a user e-filing profile. Paragraph 3 differentiates between a name change (same company) and a change of companies.

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 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:

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: 440.45(1)(a), (4) FS.

LAW IMPLEMENTED: 440.192, 440.45(1)(a), (4) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David Langham

[e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

60Q-6.107 AMENDMENT AND DISMISSAL OF PETITION FOR BENEFITS Amendment and Dismissal of Petition for Benefits.

(1) A petition that does not contain the information required by sSections 440.192(2) through (4), F.S., shall be dismissed.

(2) A petition or request for assignment of case number may only be amended by written stipulation of the parties or by order of the judge., except that Changes changes of addresses, e-mail addresses, or phone numbers of parties or, if represented, their attorneys of record can be accomplished by filing a notice of change in a particular case or changing registration information pursuant to 60Q-6.108(11). Changes of address, e-mail address, or phone numbers of attorneys shall be made by the attorney in their individual OJCC efiling profile.

(3) An amendment only modifying a company name may be accomplished by a stipulation or motion. An amendment as to party identity must be by motion and order.

(4) (3) Prior to dismissing any petition for failure to prosecute, the judge shall issue an order to show cause and allow 10 days for a response to the order.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14. [Date].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: David Langham, [e-mail] [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Peter Antonacci

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 01, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/14/2021