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Florida Administrative Code (Last Updated: April 18, 2024) |
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40. Water Management Districts |
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40B. Suwannee River Water Management District |
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40B-1. General And Procedural Rules |
1(1) The Executive Director shall initiate proceedings to suspend, revoke, or modify a permit or other authorization by serving a written notice rights upon the permittee by certified mail or by service of process, or by newspaper publication as provided in Section 43120.65(5), F.S. 45The administrative complaint shall include all of the information required by subsection 5728-106.2015(4), 58F.A.C., of the Uniform Rules of Procedure.
65(2) The permittee may request an administrative hearing pursuant to Sections 76120.569 77and 78120.57, F.S., 80by filing a petition with the District within 14 days of receipt of the District’s complaint. Petitions are deemed filed upon receipt by the District Clerk. The petition must contain all of the information required by subsection 11728-106.2015(5), 118F.A.C., of the Uniform Rules of Procedure.
125(3) Failure to comply with the provisions of subsection (2), shall constitute a waiver of the right to a Section 145120.69 146or 147120.57, F.S., 149administrative hearing. In such event, the administrative complaint shall become a final order of the District and all findings of fact and conclusions of law contained therein shall be deemed uncontested and true in any further judicial or administrative proceedings.
189(4) The Board shall consider any timely filed petition for a Sections 201120.569 202and 203120.57, F.S., 205hearing at the next available regular meeting following expiration of the 14-day time period in subsection (2).
222(5) In the case of an emergency, the District may take any action necessary to protect the public interest in accordance with Section 245120.60(6), F.S. 247The permittee shall take immediate action to achieve compliance with the emergency order, but shall have the right to request an administrative hearing in accordance with the provisions of subsections (2) through (4) above.
281Rulemaking Authority 283373.044, 284373.113 FS. 286Law Implemented 288373.119, 289373.429 FS. 291History–New 9-15-81, Repromulgated 3-17-88, Amended 12-21-88, 10-25-09, 11-2-21.
