The purpose and effect of the proposed rule is to adopt qualifications for informal hearing officers in bid protest proceedings.  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Administration

    RULE NO.:RULE TITLE:

    5A-12.006Designation of Informal Hearing Officer for Bid Protests

    PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to adopt qualifications for informal hearing officers in bid protest proceedings.

    SUMMARY: The proposed rule adopts qualifications for informal hearing officers in bid protest proceedings.

    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: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon the fact that there will be no regulatory costs associated with this proposed rule. Additionally, no interested party submitted additional information regarding the economic impact.

    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: 570.07(23) FS.

    LAW IMPLEMENTED: 120.57(3)(d)2. 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: Steven Hall, Senior Attorney, Office of General Counsel, Florida Department of Agriculture and Consumer Services, (850)245-1000, Steven.Hall@FreshFromFlorida.com

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    5A-12.006 Designation of Informal Hearing Officer for Bid Protests.

    (1) If there is no disputed issue of material fact in a bid protest, the Assistant Commissioner shall designate a Hearing Officer who shall conduct an informal proceeding pursuant to Section 120.57(2), Florida Statutes, and Part III or Chapter 28-106, Florida Administrative Code.

    (2) The qualifications of such Hearing Officer shall be:

    (a) A member in good standing of the Florida Bar; or

    (b) A person knowledgeable by virtue of practical experience of the procedures relating to soliciting and evaluating bids for commodities or proposals for services; or

    (c) A person knowledgeable by virtue of practical experience or training of the procedures relating to legal or other administrative proceedings in which decisions are rendered.

    Specific Authority 570.07(23) FS. Law Implemented 120.57(3)(d)2. FS. History–New,__________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Alan Edwards, Director, Division of Administration

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 8, 2015

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 11, 2015

Document Information

Comments Open:
6/19/2015
Summary:
The proposed rule adopts qualifications for informal hearing officers in bid protest proceedings.
Purpose:
The purpose and effect of the proposed rule is to adopt qualifications for informal hearing officers in bid protest proceedings.
Rulemaking Authority:
570.07(23), F.S.
Law:
120.57(3)(d)2., F.S.
Contact:
Steven Hall, Senior Attorney, Office of General Counsel, Florida Department of Agriculture and Consumer Services, (850) 245-1000, Steven.Hall@FreshFromFlorida.com
Related Rules: (1)
5A-12.006. Designation of Informal Hearing Officer for Bid Protests