Conditional Release of Stop Work Order and Periodic Payment Agreement

DEPARTMENT OF FINANCIAL SERVICES
Divsion of Worker's Compensation

Notice of Disposition of Petition Regarding Rule Variance or Waiver

RULE NO: RULE TITLE
69L-6.025: Conditional Release of Stop Work Order and Periodic Payment Agreement

NOTICE IS HEREBY GIVEN THAT on November 13, 2007, the Department of Financial Services, Division of Workers’ Compensation issued an Order.

The Order is regarding the Petition for Variance From or Waiver of Rule 69L-6.025, F.A.C., filed on August 13, 2007, by Petitioner, Keene’s Nursery, Inc. The Notice of Petition was published in Section V, Vol. 33, No. 36 of the September 7, 2007, F.A.W. Petitioner sought a waiver from or variance of Rule 69L-6.025, F.A.C., entitled, “Conditional Release of Stop-Work Order and Periodic Payment Agreement”. The above-referenced Rule establishes guidelines and criteria for conditional releases from stop-work orders. Petitioner requested the variance or waiver so that it may pay monthly installments over ten (10) years without the initial 10% down payment.

On November 13, 2007, the Department denied the Petition, finding that Petitioner failed to establish that the purpose of the underlying statute, Section 440.107(7), Florida Statutes, would be achieved by the granting of the variance or waiver. The Department further found that Petitioner failed to demonstrate that application of Rule 69L-6.025, F.A.C. would create a substantial hardship or violate principles of fairness.

A copy of the Order may be obtained by contacting: Andrew Sabolic, Assistant Division Director, Division of Workers’ Compensation, 200 E. Gaines Street, Tallahassee, Florida 32399-4228, or by telephone at [phone].