Fla. Admin. Code Ann. R. 34-12.620 - Receipt of Requests for Opinions; Commission Staff Action

(1) If the Executive Director determines that the person making the request for an opinion does not have standing to receive an advisory opinion, the Executive Director shall notify the person making the request that an advisory opinion cannot be rendered. If the person seeking the opinion has standing to receive an advisory opinion, the Executive Director shall acknowledge receipt of the request.

(2) If additional information would be of assistance in preparing the opinion, the person requesting the opinion shall be notified and asked to furnish such additional information.

(3) A working draft of an opinion shall be prepared by staff of the Commission, under the supervision of the Executive Director. The Executive Director shall approve the final working draft, or may have alternative working drafts prepared, as appropriate.

(4) When a working draft of the advisory opinion is completed and approved by the Executive Director, it shall be sent to all Commission members at least ten days prior to the meeting of the Commission at which it will be considered. The person requesting the opinion shall be provided a copy of the working draft or drafts and shall be notified of the time and place of the Commission meeting at which the opinion will be agendaed for consideration. The person requesting the opinion shall be advised that the working draft or drafts are not final and that any additional comments, legal memoranda, or further information relevant to the opinion should be submitted as promptly as possible, but no later than the day before the meeting when the advisory opinion will be considered. The person requesting the opinion may attend the meeting and be heard by the Commission with respect to the opinion.

Notes

Fla. Admin. Code Ann. R. 34-12.620

Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented 112.3215 FS.

New 10-12-89, Amended 6-28-98.

New 10-12-89, Amended 6-28-98.