Fla. Admin. Code Ann. R. 25-22.029 - Point of Entry Into Proposed Agency Action Proceedings
(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 Rule
28-106.201, F.A.C. 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.
Notes
Rulemaking Authority 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.
New 12-21-81, Formerly 25-22.29, Amended 7-8-92, 5-3-99, 1-1-07.
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