Fla. Admin. Code Ann. R. 19B-14.002 - Initiating Proceedings Related to Contracts with the Board

(1) Any person or firm that has entered into a contract with the Board and has been adversely affected by a decision of the Board or its employees concerning such contract shall file a written petition to contest the decision with the Board within 21 days of the date of the receipt by such person or firm of the decision. The notice of the decision shall be provided in writing to the person or firm by the Executive Director. The date of receipt of the notice shall be either the date on which the notice is received by the person or firm if the notice is sent by registered mail or by other means of delivery which results in a receipt for delivery or the date of the decision plus five days if the notice is sent by regular mail. Any person or firm who receives such written notice of the decision and who fails to request a hearing within twenty-one days, shall have waived his right subsequently to request a hearing on such matters.

(2) The petition shall include the following:

(a) The name and business address of the person or firm which claims to be adversely affected by a decision of the Board or its employees;

(b) A concise statement of the ultimate facts upon which the claim arose;

(c) The date and subject of the contract under which the claim arose;

(d) A statement of all disputed issues of material fact upon which the claim is based or, if there are none, the petition shall so indicate;

(e) A concise statement which explains how the substantial interests of the person or firm are affected by the decision of the Board or the Board's employees;

(f) A concise statement of the provisions of the contract together with any federal, state and local laws, ordinances or code requirements or customary practices and usages in the industry asserted to be applicable to the questions presented by the claim;

(g) The demand for relief sought by the claimant;

(h) The date of the occurrence of the event or events which gave rise to the claim and the date and manner of the Contractor's compliance with the contract; and

(i) Any other material information the person or firm contends is material to its claim.

(3) The written petition shall be printed, typewritten or otherwise duplicated in legible form. The petition shall include copies of all documents which support the claim.

Notes

Fla. Admin. Code Ann. R. 19B-14.002

Rulemaking Authority 1009.971(1), (4), (6) FS. Law Implemented 1009.971 FS.

New 6-20-96.

New 6-20-96.