25-22.029. Point of Entry Into Proposed Agency Action Proceedings  


Effective on Monday, January 1, 2007
  • 1(1) After agenda conference, the Office of Commission Clerk shall issue written notice of the proposed agency action (PAA), advising all parties of record that, except for PAA orders establishing a price index pursuant to Section 37367.081(4)(a), F.S., 39they have 21 days after issuance of the notice in which to file a request for a Section 57120.569 58or 59120.57, F.S., 61hearing. For PAA orders establishing a price index pursuant to Section 72367.081(4)(a), F.S., 74the time for requesting a Section 80120.569 81or 82120.57, F.S., 84hearing shall be 14 days from issuance of the notice. The Commission will require a utility to serve written notice of the PAA on its customers if the Commission finds that it is necessary in order to afford adequate notice.

    124(2) The Commission will require a utility to publish notice of the decision in newspapers of general circulation in its service area if the Commission finds that it is necessary in order to afford adequate notice.

    160(3) One whose substantial interests may or will be affected by the Commission’s proposed action may file a petition for a Section 182120.569 183or 184120.57, F.S., 186hearing, in the form provided by Rule 19328-106.201, 194F.A.C. Any such petition shall be filed within the time stated in the notice issued pursuant to subsection (1) of this rule, and shall identify the particular issues in the proposed action that are in dispute. Within 10 days of service of the initial petition, any other person substantially affected by the proposed agency action or Commission staff may file a cross-petition identifying additional particular issues on which a hearing is requested. Issues in the proposed action that are not identified in the petition or a cross-petition shall be deemed stipulated.

    285(4) The Commission will not entertain a motion for reconsideration of a notice of proposed agency action.

    302Rulemaking Authority 304350.01(7), 305350.127(2) FS. 307Law Implemented 309120.569, 310120.57, 311120.80(13)(b), 312364.05, 313366.06, 314367.081, 315367.0817(4)(a) FS. 317History–New 12-21-81, Formerly 25-22.29, Amended 7-8-92, 5-3-99, 1-1-07.

     

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