Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-110 - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Section 62-110.106 - Decisions Determining Substantial Interests

Current through Reg. 50, No. 138; July 16, 2024
(1) Service. Service of any document shall be
				deemed complete upon being properly addressed, stamped, and deposited in the
				United States Mail, or upon receipt of the complete document by the clerk of
				the Department or any other party to whom a document is sent by facsimile
				transmission or hand delivery (including express or courier services such as
				Federal Express).
(2) "Receipt of
				Notice of Agency Action" Defined. As an exception to subsection
				 28-106.111(2),
				F.A.C., for the purpose of determining the time for filing a petition for
				hearing on any actual or proposed action of the Department as set forth below
				in this rule, "receipt of notice of agency action" means either receipt of
				written notice or publication of the notice in a newspaper of general
				circulation in the county or counties in which the activity is to take place,
				whichever first occurs, except for persons entitled to written notice
				personally or by mail under Section
				 120.60(3),
				F.S., or any other statute. For purposes of this section, "publication of the
				notice" for hazardous waste permits shall mean the publication of the notice in
				a newspaper or the broadcast of the notice over a local radio station (both of
				which are required) in accordance with subsection
				 62-730.220(9),
				F.A.C., whichever is later. "Notice of agency action" shall include notice of
				intended agency action as well as actual agency action. For applications
				reviewed concurrently under Section
				 373.427, F.S., "notice of agency
				action" shall mean only the consolidated notice of intent to grant or deny.
				Except where otherwise provided by statute or this rule chapter, a timely
				petition requesting an administrative hearing shall be filed within twenty-one
				days of such receipt of notice of agency action.
(3) Time for Filing Petition.
(a) A petition shall be in the form required
				by Rule  28-106.201 or
				 28-106.301, F.A.C., and must be
				filed (received) in the office of General Counsel of the Department within the
				following number of days after receipt of notice of agency action, as defined
				in subsection (2), of this rule above:
1.
				Petitions concerning Department action or proposed action on applications for
				permits under Chapter 403, F.S., and related authorizations under Section
				 373.427, F.S., (except permits
				for hazardous waste facilities): fourteen days,
2. Petitions concerning Department action or
				proposed action on applications for hazardous waste facility permits:
				forty-five days,
3. Petitions
				concerning notices of violation: twenty days after receipt of the notice of
				violation,
4. Petitions concerning
				Department action or proposed action on applications for permits under statutes
				other than Chapter 403 or Section
				 373.427, F.S., or concerning
				other Department actions or proposed actions: twenty-one days.
The petitioner shall also serve a copy of the petition on all
				  other parties to the proceeding, as identified in the notice, at the time of
				  filing.