Fla. Admin. Code Ann. R. 69U-105.106 - Participants in Proceeding

Current through Reg. 47, No. 249; December 28, 2021

(1) Applicant. The applicant for any license processed under this chapter shall be a party to any hearing and to any further proceedings on the application. The applicant may withdraw the application at any time by filing a notice of withdrawal on the record. Withdrawal shall terminate proceedings on the application.

(2) Office of Financial Regulation. OFR shall be a party to all proceedings conducted pursuant to this chapter.

(3) Where Substantial Interests Will Be Affected. The petitioner, if other than the applicant or OFR, and any other person whose substantial interest will be affected by OFR's decision on the application may become a party by filing written notice with OFR of intention to appear and serving a copy of the notice on the applicant. The notice must be received no later than 21 days after publication of the notice of receipt of the application and shall contain:

(a) The name, mailing address, and telephone number of the person and, if applicable, the name, mailing address, and telephone number of the attorney representing the person;

(b) A full and clear statement of the grounds upon which the person bases the claim that its substantial interest will be affected by decision on the application;

(c) An accurate description of the applicant and application involved; and

(d) The signature of the person or the person's attorney and the date the notice is signed.

Within 10 days of the receipt of the notice of intention to appear, OFR shall acknowledge receipt of the notice and determine whether the person's substantial interests will be affected by OFR's action on the application. Any person whose substantial interests will be affected and who desires to become a party to a pending proceeding after expiration of the time limit set in subsection (3) above may petition OFR for leave to become a party. Such a petition shall declare the petitioner's position by setting forth the same information required in paragraphs (3)(a)-(d) of this rule and by explaining the failure to file timely written notice of intention to appear as provided in subsection (3) above. Petitions for leave to become a party may be filed with the presiding officer or administrative law judge at any time prior to the termination of the hearing and shall be served on the applicant. The presiding officer or administrative law judge shall determine whether the petitioner's substantial interests will be affected by OFR's action on the application. A later petition to become a party may be denied if granting the petition might unduly interfere with or delay the orderly hearing process.

Notes

Fla. Admin. Code Ann. R. 69U-105.106

Specific Authority 120.80(3), 655.012(3) FS. Law Implemented 120.80(3), 655.012 FS.

New 11-1-77, Amended 5-27-81, 3-28-83, Formerly 3C-9.06, 3C-9.006, Amended 8-14-94, 4-15-98, Formerly 3C-105.106.