28-108.001. Petition for Exception to Uniform Rules of Procedure  


Effective on Tuesday, February 5, 2013
  • 1(1) The agency head shall file a petition with the Administration Commission for an exception to the Uniform Rules of Procedure as provided in Section 26120.54(5)(a)2., F.S., 28for procedural rules within the scope of any Uniform Rule of Procedure that includes the following:

    44(a) Grounds for the request for the exception.

    52(b) Citation to the particular Uniform Rule of Procedure for which each exception is sought.

    67(c) Specific citation to the provisions of existing agency rule for which an exception is sought, if any.

    85(d) Attachment of the proposed rule language as an exhibit to the petition.

    98(2) The agency shall publish notice of the petition in the next available edition of the Florida Administrative Register, after consultation with the agency clerk of the Administration Commission. The notice shall include:

    131(a) The name of the agency seeking an exception;

    140(b) The uniform rule of procedure from which the exception is sought;

    152(c) The date the matter is expected to be heard by the Administration Commission;

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

    185(3) The Administration Commission shall provide interested persons with the opportunity to file written statements or make oral presentations in support of or in opposition to the exception.

    213Rulemaking Authority 21514.202, 216120.54(5) FS. 218Law Implemented 220120.54(5) FS. 222History–New 4-1-97, Amended 9-9-98, 1-15-07, 2-5-13.

     

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