61E13-2.012: Determination of Disputed Issues of Material Fact; Formal or Informal Hearings
PURPOSE AND EFFECT: The Board proposes the repeal of Rule 61E13-2.012, F.A.C.
SUMMARY: This rule, which set forth certain parameters for hearings conducted by the Division of Administrative Hearings, is being repealed as unnecessary.
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: 120.57, 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:
61E13-2.012 Determination of Disputed Issues of Material Fact; Formal or Informal Hearings.
Since the determination of the actual rate of pilotage to be imposed at any port is a quasi-legislative act, the resolution of any disputed issue of material fact by a hearing officer assigned by the Division of Administrative Hearings shall not result in a recommendation from the hearing officer as to the appropriate rate to be imposed at any port area in question. The hearing officers recommendation shall only extend to resolving disputed issues of material fact which result from a partys disputing the underlying facts upon which the Board has suggested intended rates for the port area in question. (See Rule 61E13-2.010, F.A.C.).
Rulemaking Specific Authority 310.151(1)(c) FS. Law Implemented 120.57, 310.151 FS. HistoryNew 8-8-95, Repealed________.
