Fla. Admin. Code Ann. R. 42-2.0131 - Request for Review of Rules and Orders of the Former Department of Natural Resources

(1) Scope. The Florida Land and Water Adjudicatory Commission has the exclusive authority to review any order or rule, as defined in subsections 42-2.0121(7) and (10), F.A.C., respectively, which the Governor and Cabinet, sitting as head of the former Department of Natural Resources, had authority to issue or promulgate prior to July 1, 1993, other than a rule or order relating to an internal procedure of the Department.

(2) Request for Review.

(a) Review of any order or rule under the provisions of this rule may be initiated by a party to a proceeding by filing a request for review with the Secretary of the Commission. Failure to file the request with the Commission within the time period provided in Rule 42-2.0132, F.A.C., shall result in dismissal of the request for review.

(b) To be considered sufficient for purposes of Rule 42-2.0132, F.A.C., the request for review shall:

1. Identify the rule or order to be reviewed and the date the rule was filed or the order was rendered,

2. State with particularity how the rule or order sought to be reviewed affects the interests of the party seeking review,

3. State with particularity how the order or rule conflicts with the provisions and purposes of the statutes or laws under which the rule was promulgated or the order issued,

4. Specifically identify the oral or written statement, sworn or unsworn, which was submitted to the Department concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S.,

5. State with particularity the action sought from the Commission as a result of the review,

6. Contain a copy of the rule or order for which review is sought; and,

7. Contain a statement certifying that service of the request for review has been carried out in the manner required by paragraph (2)(a), above.

(3) Acceptance of Request for Review.

(a) Upon receipt of a sufficient request for review, the Secretary shall schedule the request for acceptance by the Commission, notifying all parties of the date that acceptance of the request will be considered. An affirmative vote of one member of the Commission shall be necessary for the request to be accepted for review. Oral argument shall be authorized only when deemed necessary by the Commission for the purpose of making a decision regarding acceptance of the review.

(b) If the request for review is not accepted by the Commission, the Secretary shall notify all parties that the request has not been accepted.

(c) If the request for review is accepted by the Commission, the Secretary shall notify all parties that the request has been accepted. Unless otherwise requested and agreed to by the parties, the merits of the request for review will be considered by the Commission at the next regularly-scheduled Cabinet meeting following acceptance of the request.

Notes

Fla. Admin. Code Ann. R. 42-2.0131

Rulemaking Authority 380.07(1) FS. Law Implemented 373.114, 380.07 FS.

New 2-20-94, Amended 3-15-95.

New 2-20-94, Amended 3-15-95.