25-22.0021. Agenda Conference Participation

(1) Participation at agenda conferences may be informal or by oral argument. The Commission determines when and whether participation is allowed in accordance with this rule. The notice for each agenda conference contains a list of items to be discussed, and identifies the type of participation allowed. The notice is available in hard copy or on the Commission’s internet site, www.psc.state.fl.us/agendas, at least seven days before the agenda conference.

(2) Any person who may be affected by an item set for agenda conference will be allowed to address the Commission informally concerning that item when it is taken up for discussion, except as provided in subsections (3)-(8), below. To participate informally, affected persons need only appear at the agenda conference and request the opportunity to address the Commission on an item listed on the agenda.

(3) Informal participation is not permitted on dispositive motions and motions for reconsideration. Participation on such items is governed by Rule 25-22.0022, F.A.C.

(4) Informal participation is not permitted when a recommended order is taken up by the Commission. For purposes of this rule and Rule 25-22.0022, F.A.C., a recommended order is one prepared by an administrative law judge at the Division of Administrative Hearings, or by a Commissioner appointed by the Chair to conduct a hearing pursuant to Section 350.01(7), F.S. Participation on such items is governed by Rule 25-22.0022, F.A.C.

(5) Informal participation is not permitted in a rulemaking proceeding after the record has been closed.

(6) Informal participation, except by non-testifying staff, is not permitted when the Commission considers a post-hearing recommendation on the merits of a case after the close of the record.

(7) In certain types of cases in which the Commission issues an order based on a given set of facts without hearing, such as declaratory statements and interim rate orders, the Commission allows informal participation at its discretion.

(8) The Commission reserves the discretion to limit or restrict informal participation as needed to ensure the orderly disposition of matters before it. In limiting or restricting informal participation the Commission will consider such things as the number of persons who wish to address the Commission on an item, the number of items to be taken up at the agenda conference, the procedural status of the docket to which the item pertains, and the complexity of the issues addressed in an item.

(9) Nothing in this rule shall preclude the Commission from making decisions during the course of or at the conclusion of a hearing.

Rulemaking Authority 350.127(2) FS. Law Implemented 120.525, 120.57(1), (2)(a), 120.569(1) FS. History–New 3-23-93, Amended 1-1-07.