The proposed rule amendment seeks to amend rule language to: conform to present technology with respect to providing e-mail addresses; add uniformity to proceedings by requiring that intervention be by motion rather than petition; and reduce the ...

 

ADMINISTRATION COMMISSION

RULE NO.: RULE TITLE:
28-105.002: The Petition
28-105.0024: Notice of Filing
28-105.0027: Intervention
28-105.004: Notice of Disposition
PURPOSE AND EFFECT: The proposed rule amendment seeks to amend rule language to: conform to present technology with respect to providing e-mail addresses; add uniformity to proceedings by requiring that intervention be by motion rather than petition; and reduce the allegations required for intervention from those required for a petition to intervene.
SUMMARY: The rule chapter language is amended to conform to present technology with respect to: providing e-mail addresses; adding uniformity to proceedings by requiring that intervention be by motion rather than petition, which provides the procedural framework attendant to motions; and reducing the allegations required for intervention from those required for a petition which initiates the proceeding.
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 Commission has determined that the rule amendments are not expected to require legislative ratification based on the fact that the rule amendments clarify administrative procedures, provide guidance in the administrative process, and conform to recent statutory changes and present technology.
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: 14.202, 120.54(5)(b)6, 120.542(5) FS.
LAW IMPLEMENTED: 120.54(5)(b)6., 120.565 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: Barbara Leighty, Office of the Governor, Room 1801, The Capitol, Tallahassee, Florida [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

28-105.002 The Petition.

A petition seeking a declaratory statement shall be filed with the clerk of the agency that has the authority to interpret the statute, rule, or order at issue and shall provide the following information:

(1) No change.

(2) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner.

(3) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner’s attorney or qualified representative, (if any).

(4) - (5) No change.

(6) The signature of the petitioner or of, the petitioner's attorney, orf a qualified representive.

(7) No change.

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.565 FS. History–New 4-1-97, Amended 3-18-98, 1-15-07,__________.

 

28-105.0024 Notice of Filing.

The agency shall file a notice of the Petition for Declaratory Statement in the next available Florida Administrative RegisterWeekly including the following information:

(1) The name of the agency with whom which the Petition for Declaratory Statement is filed.

(2) - (4) No change.

(5) The contact name, address, e-mail address, and phone number where a copy of the petition may be obtained.

(6) The applicable time limit for filing motions to intervene or petitions for administrative hearing by persons whose substantial interests may be affected.

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.54(5)(b)6. FS. History–New 1-15-07, Amended __________.

 

28-105.27 Intervention.

(1) Persons other than the original parties to a pending proceeding whose substantial interests will be affected by the disposition of the declaratory statement and who desire to become parties may move the presiding officer for leave to intervene. The presiding officer shall allow for intervention of persons meeting the requirements for intervention of this rRule 28-106.205, F.A.C. Except for good cause shown, motions Petitions for leave to intervene must be filed within 21 days after publication of (or such later time as is specified in) the notice in the Florida Administrative Registerat least 10 days before the final hearing. The presiding officer may impose terms and conditions on the intervenor to limit prejudice to other parties.

(2) The motion to intervene shall contain the following information:

(a) The name, address, the e-mail address, and facsimile number, if any, of the intervenor, if the intervenor is not represented by an attorney or qualified representative; and

(b) The name, address, e-mail address, telephone number, and any facsimile number of the intervenor’s attorney or qualified representative, if any; and

(c) Allegations sufficient to demonstrate that the intervenor is entitled to participate in the proceeding as a matter of constitutional or statutory right or pursuant to agency rule, or that the substantial interests of the intervenor are subject to determination or will be affected by the declaratory statement; and

(d) The signature of the intervenor or intervenor’s attorney or qualified representative; and

(e) The date.

(3) Any party may, within seven days of service of the motion, file a response in opposition.

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.54(5)(b)6. FS. History–New 1-15-07, Amended __________.

 

28-105.004 Notice of Disposition.

The agency shall file a Notice of Disposition for the Declaratory Statement or denial of the petition in the next available issue of the Florida Administrative RegisterWeekly including the following information:

(1) - (2) No change.

(3) The agency, contact person, and address, and e-mail address where a copy of the petition and final order may be obtained.

(4) No change.

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.54(5)(b)6. FS. History–New 1-15-07, Amended ___________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Administration Commission
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Administration Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 18, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2012