Fla. Admin. Code Ann. R. 28-106.201 - Initiation of Proceedings
(1) Unless
otherwise provided by statute, and except for agency enforcement and
disciplinary actions that shall be initiated under Rule 28-106.2015, F.A.C.,
initiation of proceedings shall be made by written petition to the agency
responsible for rendering final agency action. The term "petition" includes any
document that requests an evidentiary proceeding and asserts the existence of a
disputed issue of material fact. Each petition shall be legible and on 8 1/2 by
11 inch white paper. Unless printed, the impression shall be on one side of the
paper only and lines shall be double-spaced.
(2) All petitions filed under these rules
shall contain:
(a) The name and address of
each agency affected and each agency's file or identification number, if
known;
(b) The name, address, any
e-mail address, any facsimile number, and telephone number of the petitioner,
if the petitioner is not represented by an attorney or a qualified
representative; the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during
the course of the proceeding; and an explanation of how the petitioner's
substantial interests will be affected by the agency determination;
(c) A statement of when and how the
petitioner received notice of the agency decision;
(d) A statement of all disputed issues of
material fact. If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts
alleged, including the specific facts the petitioner contends warrant reversal
or modification of the agency's proposed action;
(f) A statement of the specific rules or
statutes the petitioner contends require reversal or modification of the
agency's proposed action, including an explanation of how the alleged facts
relate to the specific rules or statutes; and
(g) A statement of the relief sought by the
petitioner, stating precisely the action petitioner wishes the agency to take
with respect to the agency's proposed action.
(3) Upon receipt of a petition involving
disputed issues of material fact, the agency shall grant or deny the petition,
and if granted shall, unless otherwise provided by law, refer the matter to the
Division of Administrative Hearings with a request that an administrative law
judge be assigned to conduct the hearing. The request shall be accompanied by a
copy of the petition and a copy of the notice of agency
action.
Notes
Rulemaking Authority 14.202, 120.54(3), (5) FS. Law Implemented 120.54(3) FS.
New 4-1-97, Amended 9-17-98, 1-15-07, 2-5-13.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Unless otherwise provided by statute, and except for agency enforcement and disciplinary actions that shall be initiated under Rule 28-106.2015, F.A.C., initiation of proceedings shall be made by written petition to the agency responsible for rendering final agency action. The term "petition" includes any document that requests an evidentiary proceeding and asserts the existence of a disputed issue of material fact. Each petition shall be legible and on 8 1/2 by 11 inch white paper. Unless printed, the impression shall be on one side of the paper only and lines shall be double-spaced.
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected and each agency's file or identification number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action.
(3) Upon receipt of a petition involving disputed issues of material fact, the agency shall grant or deny the petition, and if granted shall, unless otherwise provided by law, refer the matter to the Division of Administrative Hearings with a request that an administrative law judge be assigned to conduct the hearing. The request shall be accompanied by a copy of the petition and a copy of the notice of agency action.
Notes
Rulemaking Authority 14.202, 120.54(3), (5) FS. Law Implemented 120.54(3) FS.
New 4-1-97, Amended 9-17-98, 1-15-07, 2-5-13.