reglab/statecodes huggingface dataset:
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part I - GENERAL PROVISIONS › Section 28-106.106 - Who May Appear; Criteria for Qualified Representatives

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				  party who appears in any agency proceeding has the right, at his or her own
				  expense, to be represented by counsel or by a qualified representative. Counsel
				  means a member of The Florida Bar or a law student certified pursuant to
				  Chapter 11 of the Rules Regulating The Florida Bar. An attorney disbarred in
				  any state shall not be authorized to serve as a qualified
				  representative.
(2)
(a) A party seeking representation by a
				  qualified representative shall file a written request with the presiding
				  officer as soon as practicable, but no later than any pleading filed by the
				  person seeking to appear on behalf of the party. The request shall identify the
				  name, address, e-mail adress, and telephone number of the representative and
				  shall state that the party is aware of the services which the representative
				  can provide, and is aware that the party can be represented by counsel at the
				  party's own expense and has chosen otherwise.
(b) The presiding officer shall consider
				  whether the representative is qualified to appear in the administrative
				  proceeding and capable of representing the rights and interests of the party.
				  The presiding officer may consider a representative's sworn affidavit setting
				  forth the representative's qualifications.
(c) The presiding officer shall determine the
				  qualifications of the representative within a reasonable time after the request
				  required by paragraph (a) is filed.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part I - GENERAL PROVISIONS › Section 28-106.107 - Standards of Conduct for Qualified Representatives

Current through Reg. 50, No. 138; July 16, 2024
The following standards of conduct are mandatory for all
					 qualified representatives.
(1) A
				  representative shall exercise due diligence to insure that any motion or
				  pleading is filed and argued in good faith.
(2) A representative shall advise the client
				  to obey the law.
(3) A
				  representative shall not:
(a) Engage in
				  conduct involving dishonesty, fraud, deceit, or misrepresentation;
(b) Engage in conduct that is prejudicial to
				  the administration of justice;
(c)
				  Handle a matter which the representative knows or should know that he or she is
				  not competent to handle;
(d) Handle
				  a legal or factual matter without adequate preparation;
(e) Communicate, or cause another to
				  communicate, as to the merits of the proceeding with the presiding officer
				  except on the record or in writing with a copy promptly delivered to the
				  opposing party; or
(f) Communicate
				  with an adverse party regarding matters at issue in the administrative
				  proceeding where the representative knows that the adverse party is represented
				  by an attorney or other qualified representative.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part I - GENERAL PROVISIONS › Section 28-106.108 - Consolidation

Current through Reg. 50, No. 138; July 16, 2024
If there are separate matters which involve similar issues
					 of law or fact, or identical parties, the matters may be consolidated if it
					 appears that consolidation would promote the just, speedy, and inexpensive
					 resolution of the proceedings, and would not unduly prejudice the rights of a
					 party.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part I - GENERAL PROVISIONS › Section 28-106.109 - Notice to Interested Parties

Current through Reg. 50, No. 138; July 16, 2024
If it appears that the determination of the rights of
					 parties in a proceeding will necessarily involve a determination of the
					 substantial interests of persons who are not parties, the presiding officer may
					 enter an order requiring that the absent person be notified of the proceeding
					 and be given an opportunity to be joined as a party of
					 record.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part I - GENERAL PROVISIONS › Section 28-106.110 - Service of Papers

Current through Reg. 50, No. 138; July 16, 2024
Unless the presiding officer otherwise orders, every
					 pleading and every other paper filed in a proceeding, except applications for
					 witness subpoenas, shall be served on each party or the party's representative
					 at the last address of record.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part I - GENERAL PROVISIONS › Section 28-106.111 - Point of Entry into Proceedings and Mediation

Current through Reg. 50, No. 138; July 16, 2024
(1) The notice
				  of agency decision shall contain the information required by Section
				    120.569(1), F.S. The notice shall also advise whether mediation under Section
				    120.573, F.S., is available, and if available, that pursuit of mediation will
				  not adversely affect the right to administrative proceedings in the event
				  mediation does not result in a settlement.
(2) Unless otherwise provided by law, persons
				  seeking a hearing on an agency decision which does or may determine their
				  substantial interests shall file a petition for hearing with the agency within
				  21 days of receipt of written notice of the decision.
(3) An agency may, for good cause shown,
				  grant a request for an extension of time for filing an initial pleading.
				  Requests for extension of time must be filed with the agency prior to the
				  applicable deadline. Such requests for extensions of time shall contain a
				  certificate that the moving party has consulted with all other parties, if any,
				  concerning the extension and that the agency and any other parties agree to or
				  oppose the extension. A timely request for extension of time shall toll the
				  running of the time period for filing a petition until the request is acted
				  upon.
(4) Any person who receives
				  written notice of an agency decision and who fails to file a written request
				  for a hearing within 21 days waives the right to request a hearing on such
				  matters. This provision does not eliminate the availability of equitable
				  tolling as a defense.
(5) The
				  agency may publish, and any person who has timely requested mediation may, at
				  the person's own expense, cause the agency to publish, a notice of the
				  existence of the mediation proceeding in the
Florida Administrative
				  Register
or in a newspaper of general circulation in the affected
				  area. The mediation notice can be included in the notice of intended agency
				  action.
(a) The notice of the mediation
				  proceeding shall include:
1. A statement that
				  the mediation could result in a settlement adopted by final agency
				  action;
2. A statement that the
				  final action arising from mediation may be different from the intended action
				  set forth in the notice which resulted in a timely request for
				  mediation;
3. A statement that any
				  person whose substantial interests may be affected by the outcome of the
				  mediation shall within 21 days of the notice of mediation proceeding file a
				  request with the agency to participate in the mediation; and
4. An explanation of the procedures for
				  filing such a request.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.201 - Initiation of Proceedings

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.2015 - Agency Enforcement and Disciplinary Actions

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to
				  entry of a final order to suspend, revoke, or withdraw a license, to impose
				  administrative fines, or to take other enforcement or disciplinary action
				  against a licensee or person or entity subject to the agency's jurisdiction,
				  the agency shall serve upon the licensee an administrative complaint. For
				  purposes of this rule, an agency pleading or communication that seeks to
				  exercise an agency's enforcement authority and to take any kind of disciplinary
				  action against a licensee or other person shall be deemed an administrative
				  complaint.
(2) An agency issuing an
				  administrative complaint shall be the petitioner, and the licensee against whom
				  the agency seeks to take disciplinary action shall be the respondent.
(3) The agency's administrative complaint
				  shall be considered the petition, and service of the administrative complaint
				  on the respondent shall be deemed the initiation of proceedings.
(4) The agency's administrative complaint
				  shall contain:
(a) The name of the agency, the
				  respondent or respondents against whom disciplinary action is sought and a file
				  number.
(b) The statutory
				  section(s), rule(s) of the Florida Administrative Code, or the agency order
				  alleged to have been violated.
(c)
				  The facts or conduct relied on to establish the violation.
(d) A statement that the respondent has the
				  right to request a hearing to be conducted in accordance with Sections   120.569 and   120.57, F.S., and to be represented by counsel or other qualified
				  representative.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.202 - Amendment of Petitions or Requests for Hearing

Current through Reg. 50, No. 138; July 16, 2024
A petition or request for hearing may be amended prior to
					 the designation of the presiding officer by filing and serving an amended
					 petition or amended request for hearing in the manner prescribed for filing and
					 serving an original petition or request for hearing. Thereafter the petitioner
					 may amend the petition or request for hearing only upon order of the presiding
					 officer.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended
						1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.203 - Answer

Current through Reg. 50, No. 138; July 16, 2024
A respondent may file an answer to the
					 petition.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.204 - Motions

Current through Reg. 50, No. 138; July 16, 2024
(1) All requests for relief shall be by
				  motion. All motions shall be in writing unless made on the record during a
				  hearing, and shall fully state the action requested and the grounds relied
				  upon. The original written motion shall be filed with the presiding officer.
				  When time allows, the other parties may, within 7 days of service of a written
				  motion, file a response in opposition. No reply to the response shall be
				  permitted unless leave is sought from and given by the presiding officer.
				  Written motions will normally be disposed of after the response period has
				  expired, based on the motion, together with any supporting or opposing
				  memoranda. The presiding officer shall conduct such proceedings and enter such
				  orders as are deemed necessary to dispose of issues raised by the
				  motion.
(2) Unless otherwise
				  provided by law, motions to dismiss the petition or request for hearing shall
				  be filed no later than 20 days after assignment of the presiding officer,
				  unless the motion is based upon a lack of jurisdiction or incurable errors in
				  the petition.
(3) All motions,
				  other than a motion to dismiss, shall include a statement that the movant has
				  conferred with all other parties of record and shall state as to each party
				  whether the party has any objection to the motion. Any statement that the
				  movant was unable to contact the other party or parties before filing the
				  motion must provide information regarding the date(s) and method(s) by which
				  contact was attempted.
(4) Motions
				  for extension of time shall be filed prior to the expiration of the deadline
				  sought to be extended and shall state good cause for the
				  request.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended 1-15-07,
						2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.205 - Intervention

Current through Reg. 50, No. 138; July 16, 2024
(1) Persons other than the original parties
				  to a pending proceeding whose substantial interest will be affected by the
				  proceeding and who desire to become parties may move the presiding officer for
				  leave to intervene. Except for good cause shown, motions for leave to intervene
				  must be filed at least 20 days before the final hearing unless otherwise
				  provided by law. The parties may, within 7 days of service of the motion, file
				  a response in opposition. The presiding officer may impose terms and conditions
				  on the intervenor to limit prejudice to other parties.
(2) The motion to intervene shall contain the
				  following information:
(a) The name, address,
				  e-mail address, telephone number, and any facsimile number of the intervener,
				  if the intervener is not represented by an attorney or qualified
				  representative; and
(b) The name,
				  address, e-mail address, telephone number, and any facsimile number of the
				  intervenor's attorney or qualified representative; and
(c) Allegations sufficient to demonstrate
				  that the intervenor is entitled to participate in the proceeding as a matter of
				  constitutional or statutory right or pursuant to agency rule, or that the
				  substantial interests of the intervenor are subject to determination or will be
				  affected by the proceeding; and
(d)
				  A statement as to whether the intervenor supports or opposes the preliminary
				  agency action; and
(e) The
				  statement required by subsection   28-106.204(3); and
(f) The signature of the intervenor or
				  intervenor's attorney or qualified representative; and
(g) The date.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.206 - Discovery

Current through Reg. 50, No. 138; July 16, 2024
After commencement of a proceeding, parties may obtain
					 discovery through the means and in the manner provided in Rules 1.280 through
					 1.400, Florida Rules of Civil Procedure. The presiding officer may issue
					 appropriate orders to effectuate the purposes of discovery and to prevent
					 delay, including the imposition of sanctions in accordance with the Florida
					 Rules of Civil Procedure, except contempt.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.207 - Venue

Current through Reg. 50, No. 138; July 16, 2024
(1) Whenever practicable and permitted by
				  statute or rule, hearings shall be held in the area of residence of the
				  non-governmental parties affected by agency action, or at the place most
				  convenient to all parties as determined by the presiding officer.
(2) Failure to respond timely to any order
				  requiring or allowing the parties to suggest an appropriate locality for final
				  hearing may constitute a waiver of venue.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.208 - Notice of Hearing

Current through Reg. 50, No. 138; July 16, 2024
The presiding officer shall set the time and place for all
					 hearings and shall serve written notice on all parties at their address of
					 record. No less than 14 days notice shall be given for the hearing on the
					 merits of the petition unless otherwise agreed by the parties or unless
					 otherwise provided by law.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.209 - Prehearing Conferences

Current through Reg. 50, No. 138; July 16, 2024
At any time after a matter has been filed with the agency,
					 the presiding officer may direct the parties to confer for the purpose of
					 clarifying and simplifying issues, discussing the possibilities of settlement,
					 examining documents and other exhibits, exchanging names and addresses of
					 witnesses, resolving other procedural matters, and entering into a pre-hearing
					 stipulation.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.210 - Continuances

Current through Reg. 50, No. 138; July 16, 2024
The presiding officer may grant a continuance of a hearing
					 for good cause shown. Except in cases of emergency, requests for continuance
					 must be made at least five days prior to the date noticed for the
					 hearing.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.211 - Conduct of Proceedings

Current through Reg. 50, No. 138; July 16, 2024
The presiding officer before whom a case is pending may
					 issue any orders necessary to effectuate discovery, to prevent delay, and to
					 promote the just, speedy, and inexpensive determination of all aspects of the
					 case, including bifurcating the proceeding.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.212 - Subpoenas

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon the request of any party, a
				  presiding officer shall issue subpoenas for the attendance of witnesses for
				  deposition or at the hearing. The requesting party shall specify whether the
				  witness is also requested to bring documents.
(2) A subpoena may be served by any person
				  specified by law to serve process or by any person who is not a party and who
				  is 18 years of age or older. Service shall be made by delivering a copy to the
				  person named in the subpoena. Proof of service shall be made by affidavit of
				  the person making service if not served by a person specified by law to serve
				  process.
(3) Any motion to quash or
				  limit the subpoena shall be filed with the presiding officer and shall state
				  the grounds relied upon.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.213 - Evidence

Current through Reg. 50, No. 138; July 16, 2024
(1) Oral evidence shall be taken only on oath
				  or affirmation.
(2) Each party
				  shall have the right to impeach any witness regardless of which party called
				  the witness to testify.
(3) Hearsay
				  evidence, whether received in evidence over objection or not, may be used to
				  supplement or explain other evidence, but shall not be sufficient in itself to
				  support a finding unless the evidence falls within an exception to the hearsay
				  rule as found in Sections 90.801-.805, F.S.
(4) The rules of privilege apply to the same
				  extent as in civil actions under Florida law.
(5) If requested and if the necessary
				  equipment is reasonably available, testimony may be taken by means of video
				  teleconference or by telephone.
(a) If a party
				  cross-examining the witness desires to have the witness review documents or
				  other items not reasonably available for the witness to review at that time,
				  then the party shall be given a reasonable opportunity to complete the
				  cross-examination at a later time or date for the purpose of making those
				  documents or other items available to the witness.
(b) For any testimony taken by telephone, a
				  notary public must be physically present with the witness to administer the
				  oath. The notary public shall provide a written certification to be filed with
				  the presiding officer confirming the identity of the witness, and confirming
				  the affirmation or oath by the witness. It shall be the responsibility of the
				  party calling the witness to secure the services of a notary
				  public.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.214 - Recordation

Current through Reg. 50, No. 138; July 16, 2024
(1) Responsibility for preserving the
				  testimony at final hearings shall be that of the agency transmitting the
				  petition to the Division of Administrative Hearings pursuant to Sections
				    120.569 and   120.57, F.S., the agency whose rule is being challenged, or the
				  agency whose action initiated the proceeding. Proceedings shall be recorded by
				  a certified court reporter or by recording instruments.
(2) No later than 10 days prior to the final
				  hearing, the agency shall notify the parties of the method by which the agency
				  will record the testimony at the final hearing. Any party to a hearing may, at
				  its own expense, provide a certified court reporter if the agency does not. The
				  presiding officer may provide a certified court reporter. At hearings reported
				  by a court reporter, any party who wishes a transcript of the testimony shall
				  order the same at its own expense. If a court reporter records the proceedings,
				  the recordation shall become the official transcript.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended
						3-18-98.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.215 - Post-Hearing Submittals

Current through Reg. 50, No. 138; July 16, 2024
All parties may submit proposed findings of fact,
					 conclusions of law, orders, and memoranda on the issues within a time
					 designated by the presiding officer. Unless authorized by the presiding
					 officer, proposed orders shall be limited to 40 pages.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.216 - Entry of Recommended Order

Current through Reg. 50, No. 138; July 16, 2024
(1) If a
				  hearing is conducted by other than the agency head, or member thereof, the
				  presiding officer shall, within 30 days after the hearing or receipt of the
				  hearing transcript, whichever is later, file a recommended order which shall
				  include a caption, time and place of hearing, appearances entered at the
				  hearing, statement of the issues, findings of fact and conclusions of law,
				  separately stated, and recommendation for final agency action.
(2) By agreeing to a deadline for filing
				  post-hearing submissions that is more than 10 days after the conclusion of the
				  hearing or the filing of the hearing transcript, whichever is later, a party
				  waives the provisions of subsection (1) above.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part II - HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.217 - Exceptions and Responses

Current through Reg. 50, No. 138; July 16, 2024
(1) Parties
				  may file exceptions to findings of fact and conclusions of law contained in
				  recommended orders with the agency responsible for rendering final agency
				  action within 15 days of entry of the recommended order except in proceedings
				  conducted pursuant to Section   120.57(3), F.S. Exceptions shall identify the
				  disputed portion of the recommended order by page number or paragraph, shall
				  identify the legal basis for the exception, and shall include any appropriate
				  and specific citations to the record.
(2) Exceptions shall be provided to all
				  parties by facsimile or electronic mail, if a facsimile number or e-mail
				  address has been provided number or address provided, the day they are filed
				  with the agency.
(3) Any party may
				  file responses to another party's exceptions within 10 days from the date the
				  exceptions were filed with the agency.
(4) No additional time shall be added to the
				  time limits for filing exceptions or responses to exceptions when service has
				  been made by mail.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended 1-15-07,
						2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part III - PROCEEDINGS AND HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.301 - Initiation of Proceedings

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless
				  otherwise provided by statute and except for agency enforcement and
				  disciplinary actions initiated under subsection   28-106.2015(1), F.A.C.,
				  initiation of a proceeding shall be made by written petition to the agency
				  responsible for rendering final agency action. The term "petition" includes any
				  document which requests a proceeding. Each petition shall be legible and on 8
				  1/2 by 11 inch white paper or on a form provided by the agency. Unless printed,
				  the impression shall be on one side of the paper only and lines shall be
				  doubled-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 email address, and
				  telephone number of the petitioner, if the petitioner is not represented by an
				  attorney or qualified representative; the name, address, email address,
				  facsimile number, and telephone number of the petitioner's representative; if
				  any, which shall be the address for service purposes during the course of the
				  proceeding;
(c) An explanation of
				  how the petitioner's substantial interests will be affected by the agency
				  determination;
(d) A statement of
				  when and how the petitioner received notice of the agency decision;
(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 that the petitioner contends require reversal or modification of the
				  agency's proposed action;
(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; and
(h) A statement that no
				  material facts are in dispute.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part III - PROCEEDINGS AND HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.302 - Notice of Proceeding

Current through Reg. 50, No. 138; July 16, 2024
(1) The agency
				  shall serve written notice on all parties at their address of record, allowing
				  at least 14 days from the date of the notice for the parties to provide any
				  documents, memorandum of law, or other written material in support of or
				  opposition to the agency action or refusal to act or in aggravation or
				  mitigation of any penalty which may be imposed. If only written evidence is
				  submitted, the notice shall provide that all other parties shall have 14 days
				  to respond in writing to that written evidence.
(2) The agency may schedule a hearing on the
				  matter for the purpose of taking oral evidence or argument. If it does so, the
				  agency shall serve written notice at least 14 days prior to the hearing,
				  setting forth the place, date, time of the hearing, and legal authority and
				  jurisdiction under which the hearing is to be held.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended 3-18-98,
						12-24-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part III - PROCEEDINGS AND HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.303 - Motions

Current through Reg. 50, No. 138; July 16, 2024
(1) All requests for relief shall be by
				  motion. All motions shall be in writing unless made on the record during a
				  hearing and shall fully state the action requested and the grounds relied upon.
				  The original motion shall be filed with the presiding officer. When time
				  allows, the other parties may, within seven days of service of a written
				  motion, file a response in opposition. No reply to the response shall be
				  permitted unless leave is sought from and given by the presiding officer.
				  Written motions will normally be disposed of after the response period has
				  expired, based on the motion, together with any supporting or opposing
				  memoranda. The presiding officer shall conduct proceedings and enter such
				  orders as are deemed necessary to dispose of issues raised by the
				  motion.
(2) All motions, other than
				  a motion to dismiss, shall include a statement that the movant has conferred
				  with all other parties of record and shall state whether any party has an
				  objection to the motion.
(3)
				  Motions for extension of time shall be filed prior to the expiration of the
				  deadline sought to be extended and shall state good cause for the
				  request.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended
						2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part III - PROCEEDINGS AND HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.304 - Continuances

Current through Reg. 50, No. 138; July 16, 2024
The presiding officer may grant a continuance of a hearing
					 for good cause shown. Except in cases of emergency, requests for continuance
					 must be made at least five days prior to the date noticed for the
					 hearing.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part III - PROCEEDINGS AND HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.305 - Conduct of Proceedings

Current through Reg. 50, No. 138; July 16, 2024
The presiding officer before whom a case is pending may
					 issue any orders necessary to effectuate discovery, to prevent delay, and to
					 promote the just, speedy, and inexpensive determination of all aspects of the
					 case, including bifurcating the proceeding.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended
						1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part III - PROCEEDINGS AND HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.306 - Recordation

Current through Reg. 50, No. 138; July 16, 2024
(1) Responsibility for preserving the
				  testimony at final hearings shall be that of the agency responsible for taking
				  final agency action. Proceedings shall be recorded by a certified court
				  reporter or by recording instruments.
(2) Any party to a hearing may, at its own
				  expense, provide a certified court reporter if the agency does not. The
				  presiding officer may provide a certified court reporter. At hearings reported
				  by a court reporter, any party who wishes a transcript of the testimony shall
				  order the same at its own expense. If a court reporter records the proceedings,
				  the recordation shall become the official transcript.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended
						3-18-98.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part III - PROCEEDINGS AND HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT › Section 28-106.307 - Post-Hearing Submittals

Current through Reg. 50, No. 138; July 16, 2024
The presiding officer may permit all parties to submit
					 proposed findings of fact, conclusions of law, orders, and memoranda on the
					 issues within a time designated by the presiding officer. Unless authorized by
					 the presiding officer, proposed orders shall be limited to 40
					 pages.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part IV - MEDIATION › Section 28-106.401 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
This rule applies to all mediation proceedings conducted
					 pursuant to Section   120.573, F.S.
(1)
				  Mediation is a process whereby a third person acts to encourage and facilitate
				  a resolution of an administrative dispute, without prescribing what the
				  resolution should be. Mediation is an informal and nonadversarial process with
				  the objective of helping the parties reach a mutually acceptable
				  agreement.
(2) Mediation
				  proceedings are available to settle administrative disputes if provided for in
				  the announcement of agency actions. If an agreement to mediation by the agency
				  and all parties is filed within 10 days of the announcement for election of an
				  administrative remedy under Sections   120.569 and   120.57, F.S., the time
				  limitations shall be tolled until the completion of the mediation with
				  settlement or impasse.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended 3-18-98,
						1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part IV - MEDIATION › Section 28-106.402 - Contents of Request for Mediation

Current through Reg. 50, No. 138; July 16, 2024
The request for mediation shall contain:
(1) The name, address, any e-mail address,
				  and telephone number of the party requesting mediation and of that party's
				  representative, if any; and
(2) A
				  statement of the preliminary agency action.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended 1-15-07,
						2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part IV - MEDIATION › Section 28-106.403 - Allocation of Costs and Fees

Current through Reg. 50, No. 138; July 16, 2024
The costs of mediation, including the mediator's fees and
					 other shared costs, shall be split equally or as otherwise agreed by the
					 parties. The cost allocation shall be specified in the agreement to mediate.
					 Mediators shall be compensated at a rate agreed upon by the parties and the
					 mediator.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part IV - MEDIATION › Section 28-106.404 - Contents of Agreement to Mediate

Current through Reg. 50, No. 138; July 16, 2024
The agreement to mediate shall set forth:
(1) The names, addresses, any e-mail address,
				  and telephone numbers of any persons who may attend the mediation;
(2) The name, address, e-mail address, and
				  telephone number of the mediator agreed to by the parties;
(3) How the costs and fees associated with
				  mediation will be allocated;
(4)
				  The agreement of the parties regarding the confidentiality of discussions and
				  documents introduced during mediation to the extent authorized by
				  law;
(5) The date, time, and place
				  of the first mediation session;
(6)
				  The name of the party's representative who shall have authority to settle or
				  recommend settlement; and
(7) The
				  signatures of the parties.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended
						2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part IV - MEDIATION › Section 28-106.405 - Standards of Conduct for Mediators

Current through Reg. 50, No. 138; July 16, 2024
(1) Mediators
				  shall adhere to the highest standards of integrity, impartiality, and
				  professional competence.
(2) On
				  commencement of the mediation session, a mediator shall inform all parties that
				  the process is consensual in nature, that the mediator is an impartial
				  facilitator, and that the mediator may not impose or force any settlement on
				  the parties.
(3) A mediator shall:
(a) Perform the mediation services in a
				  timely and expeditious fashion, avoiding delays wherever possible;
(b) Be impartial and advise all parties of
				  any circumstances bearing on possible bias, prejudice, or impartiality;
				  and
(c) Withdraw from mediation if
				  the mediator believes the mediator can no longer be
				  impartial.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part V - EMERGENCY ACTION › Section 28-106.501 - Emergency Action

Current through Reg. 50, No. 138; July 16, 2024
(1) If the agency finds that immediate
				  serious danger to the public health, safety, or welfare requires emergency
				  action, the agency shall enter an emergency order summarily suspending,
				  limiting, or restricting a license, or taking such other emergency action as is
				  authorized by law.
(2) The agency's
				  emergency order shall include a notice of the licensee's (or person or entity
				  subject to the agency's jurisdiction) right to an immediate appeal of the
				  emergency final order pursuant to Section   120.569(2)(n)   or   120.60(6),
				  F.S.
(3) In the case of the
				  emergency suspension, limitation, or restriction of a license, unless otherwise
				  provided by law, within 20 days after emergency action taken pursuant to
				  subsection (1) of this rule, the agency shall initiate administrative
				  proceedings in compliance with Sections   120.569,   120.57 and   120.60, F.S. and
				  Rule   28-106.2015, F.A.C.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 1-15-07, Amended
						12-24-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part VI - CONFLICT › Section 28-106.601 - Conflict

Current through Reg. 50, No. 138; July 16, 2024
Following receipt of a recommended order, the agency
					 attorney or qualified representative who acts on behalf of the agency in the
					 conduct of the hearing will not serve as legal advisor to the agency head
					 during subsequent proceedings which result in the issuance of the final
					 order.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 12-24-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-107 - LICENSING › Section 28-107.001 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority  120.54(5)  FS. Law Implemented  120.569,
					  120.57,  120.60 FS.
New 4-1-97, Repealed
					 1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-107 - LICENSING › Section 28-107.002 - Application for License (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority  120.54(5)  FS. Law Implemented  120.569,
					  120.57,  120.60 FS.
New 4-1-97, Repealed
					 1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-107 - LICENSING › Section 28-107.003 - Denial of License (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority  120.54(5)  FS. Law Implemented  120.569,
					  120.57,  120.574,  120.60 FS.
New 4-1-97, Repealed
					 1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-107 - LICENSING › Section 28-107.004 - Suspension, Revocation, Annulment, or Withdrawal (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority  120.54(5)  FS. Law Implemented  120.569,
					  120.57,  120.60 FS.
New 4-1-97, Repealed
					 1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-107 - LICENSING › Section 28-107.005 - Emergency Action (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority  120.54(5)  FS. Law Implemented  120.569,
					  120.57,  120.60(6)  FS.
New 4-1-97, Repealed
					 1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-108 - EXCEPTION TO UNIFORM RULES OF PROCEDURE › Section 28-108.001 - Petition for Exception to Uniform Rules of Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				agency head shall file a petition with the Administration Commission for an
				exception to the Uniform Rules of Procedure as provided in Section
				120.54(5)(a)2., F.S., for procedural rules within the scope of any Uniform Rule
				of Procedure that includes the following:
(a)
				Grounds for the request for the exception.
(b) Citation to the particular Uniform Rule
				of Procedure for which each exception is sought.
(c) Specific citation to the provisions of
				existing agency rule for which an exception is sought, if any.
(d) Attachment of the proposed rule language
				as an exhibit to the petition.