Florida Regulations 69U-105.104: Petition for Public Hearing
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(1) A petition for public hearing may be combined with a notice of intention to appear (which is a requirement for a person to become a party) as provided in subsection 69U-105.106(3), F.A.C. Any person may request a public hearing by filing a petition with OFR within 21 days of publication of notice, provided however, that no petition shall be complete unless it shall:
(a) Be printed, typewritten, duplicated, or otherwise in legible form on paper of either standard legal or letter size;
(b) Clearly identify the applicant, and the application on which the hearing is requested;
(c) Contain the name, address, and telephone number of the petitioners;
(d) Contain a concise statement of whether the petitioner has an interest in the application, and, if so, a statement identifying such interest, the grounds and basis of objection to the application, and such other information that the petitioner contends is material;
(e) Contain the signature of the petitioner or petitioner’s attorney and the date the petition is signed; and,
(f) Clearly show that a copy of the petition has been sent to the applicant or the applicant’s correspondent.
(2) Any petition filed before an application is received or more than 21 days after publication of notice as required in Fl. Admin. Code R. 69U-105.102, shall be void. Any timely-filed petition which does not meet the minimum requirements as set forth above shall be denied without prejudice within 30 days of publication of notice and the petitioner granted an additional 14 days from the date of receipt of the denial order within which to amend the petition, which period shall be extended with a showing of good cause.
(3) OFR may initiate a hearing on its own motion regardless of whether there has been a petition at any time prior to the issuance of a final order.
(4) The petitioner(s) may withdraw its petition for public hearing at any time by filing a notice of withdrawal on the record. Withdrawal of all petitions filed shall nullify the need for a public hearing.
Rulemaking Authority 120.53(1)(a), 655.012(3) FS. Law Implemented 120.53(1)(c), 120.60(5), 655.012 FS. History-New 11-1-77, Amended 8-3-78, 5-27-81, 3-28-83, Formerly 3C-9.04, Amended 6-11-90, Formerly 3C-9.004, Amended 8-14-94, Formerly 3C-105.104.
(a) Be printed, typewritten, duplicated, or otherwise in legible form on paper of either standard legal or letter size;
(b) Clearly identify the applicant, and the application on which the hearing is requested;
(c) Contain the name, address, and telephone number of the petitioners;
(d) Contain a concise statement of whether the petitioner has an interest in the application, and, if so, a statement identifying such interest, the grounds and basis of objection to the application, and such other information that the petitioner contends is material;
(e) Contain the signature of the petitioner or petitioner’s attorney and the date the petition is signed; and,
(f) Clearly show that a copy of the petition has been sent to the applicant or the applicant’s correspondent.
(2) Any petition filed before an application is received or more than 21 days after publication of notice as required in Fl. Admin. Code R. 69U-105.102, shall be void. Any timely-filed petition which does not meet the minimum requirements as set forth above shall be denied without prejudice within 30 days of publication of notice and the petitioner granted an additional 14 days from the date of receipt of the denial order within which to amend the petition, which period shall be extended with a showing of good cause.
(3) OFR may initiate a hearing on its own motion regardless of whether there has been a petition at any time prior to the issuance of a final order.
(4) The petitioner(s) may withdraw its petition for public hearing at any time by filing a notice of withdrawal on the record. Withdrawal of all petitions filed shall nullify the need for a public hearing.
Rulemaking Authority 120.53(1)(a), 655.012(3) FS. Law Implemented 120.53(1)(c), 120.60(5), 655.012 FS. History-New 11-1-77, Amended 8-3-78, 5-27-81, 3-28-83, Formerly 3C-9.04, Amended 6-11-90, Formerly 3C-9.004, Amended 8-14-94, Formerly 3C-105.104.