Florida Regulations 25-22.029: Point of Entry Into Proposed Agency Action Proceedings
Current as of: 2024 | Check for updates
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(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 367.081(4)(a), F.S., they have 21 days after issuance of the notice in which to file a request for a Section 120.569 or 120.57, F.S., hearing. For PAA orders establishing a price index pursuant to Section 367.081(4)(a), F.S., the time for requesting a Section 120.569 or 120.57, F.S., hearing 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.
(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.
(3) One whose substantial interests may or will be affected by the Commission’s proposed action may file a petition for a Section 120.569 or 120.57, F.S., hearing, in the form provided by Fl. Admin. Code R. 28-106.201 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.
(4) The Commission will not entertain a motion for reconsideration of a notice of proposed agency action.
Rulemaking Authority Florida Statutes § 350.01(7), 350.127(2) FS. Law Implemented 120.569, 120.57, 120.80(13)(b), 364.05, 366.06, 367.081, 367.0817(4)(a) FS. History-New 12-21-81, Formerly 25-22.29, Amended 7-8-92, 5-3-99, 1-1-07.
(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.
(3) One whose substantial interests may or will be affected by the Commission’s proposed action may file a petition for a Section 120.569 or 120.57, F.S., hearing, in the form provided by Fl. Admin. Code R. 28-106.201 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.
(4) The Commission will not entertain a motion for reconsideration of a notice of proposed agency action.
Rulemaking Authority Florida Statutes § 350.01(7), 350.127(2) FS. Law Implemented 120.569, 120.57, 120.80(13)(b), 364.05, 366.06, 367.081, 367.0817(4)(a) FS. History-New 12-21-81, Formerly 25-22.29, Amended 7-8-92, 5-3-99, 1-1-07.