To eliminate requirement that the Florida Department of Transportation provide space and video conference capability at district offices as an alternative to physical appearance by person requesting a hearing before the ....

 

DEPARTMENT OF TRANSPORTATION

Commercial Motor Vehicle Review Board

RULE NO.:RULE TITLE:

14A-1.004Meetings of the Commercial Motor Vehicle Review Board

PURPOSE AND EFFECT: To eliminate requirement that the Florida Department of Transportation provide space and video conference capability at district offices as an alternative to physical appearance by person requesting a hearing before the Commercial Motor Vehicle Review Board and to require the Department to allow a person to appear remotely via communications media technology in accordance with section 316.545(7)(f), F.S., and Chapter 28-109, F.A.C.

SUMMARY: Addresses appearance via communications media technology by persons requesting a hearing at meetings of the Commercial Motor Vehicle Review Board.

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 used an itemized checklist to conduct an economic analysis and determine if there would be any adverse impact or regulatory cost associated with this rule that exceeds the stated criteria. Upon review of the proposed rulemaking, the Department determined that the proposed rule will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), F.S.

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: 316.535(7), 316.550(6), 334.044(2), F.S.

LAW IMPLEMENTED: 316.3025, 316.516, 316.545, 316.550, F.S.

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: Richard Shine, Assistant General Counsel, Department of Transportation, 605 Suwannee Street, Mail Station 58, Tallahassee, FL 32399-0458, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14A-1.004 Meetings of the Commercial Motor Vehicle Review Board.

(1) through (3) No change.

(4) Appearances. Any person with a penalty imposed for a violation of Sections 316.3025, 316.516, 316.545 or 316.550, F.S., that has complied with all applicable requirements of this rule may appear in person, through an authorized representative, or through legal counsel. Upon written request received at least five fourteen days prior to the hearing, any person requesting a hearing may appear remotely before the Review Board via communications media technology as authorized by Chapter 28-109, F.A.C. by videoconference at any of the Department’s seven district offices located in: Chipley, Lake City, Deland, Tampa, Bartow, Ft. Lauderdale, and Miami.

(a) No change.

(b) No change.

(5) through (7) No change.

Rulemaking Authority 316.535(7), 316.550(6), 334.044(2) FS. Law Implemented 316.3025, 316.516, 316.545, 316.550 FS. History–New 4-26-89, Amended 8-5-96, 12-23-03, 2-24-13, 6-22-16, 10-20-21 _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeff Frost, Program Manager, Traffic Engineering and Operations Office

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jared W. Perdue, P.E., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 27, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2021