Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-58 - COMMUNITY WORKFORCE HOUSING INNOVATION PILOT PROGRAM (CWHIP) › Section 67-58.004 - Applicant Administrative Appeal Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) At the conclusion of the review and
				scoring process established by this rule chapter, each Applicant will be
				provided with the final ranking scores and a notice of rights, which shall
				constitute the point of entry to contest any issue related to Applications for
				the CWHIP Program.
(2) Each
				Applicant that wishes to contest the final scores must file a petition with the
				Corporation within 21 Calendar Days after the date the Applicant receives its
				notice of rights. The petition must conform to subsection
				28-106.201(2)
				or 28-106.301(2),
				and 67-52.002(3),
				F.A.C., and specify in detail each issue and score sought to be challenged. If
				the petition does not raise a disputed issue of material fact, the challenge
				will be conducted pursuant to Section
				120.57(2), F.S.
				If the petition raises one or more disputed issues of material fact, a formal
				administrative hearing will be conducted pursuant to Section
				120.57(1), F.S.
				At the conclusion of any administrative hearing, a recommended order shall be
				entered by the designated hearing officer or administrative law judge which
				will then be considered by the Board.
(3) Any Applicant who wishes to challenge the
				findings and conclusions of the recommended order entered pursuant to a Section
				120.57(2),
				F.S., proceeding in which it is a party shall be allowed the opportunity to
				submit written arguments to the Board. Any written argument should be typed and
				double-spaced with margins no less than one inch in either Times New Roman
				14-point or Courier New 12-point font and may not exceed five (5) pages, not
				including caption and certificate of service. Written arguments must be filed
				with Florida Housing Finance Corporation's Clerk at 227 North Bronough Street,
				Suite 5000, Tallahassee, Florida 32301-1329, no later than 5:00 p.m. (Eastern
				Time), no later than five (5) Calendar Days from the date of issuance of the
				recommended order. Failure to timely file a written argument shall constitute a
				waiver of the right to have a written argument considered by the Board. Parties
				will be permitted to make oral presentations to the Board regarding recommended
				orders only in response to questions from the Board.
(4) Any person whose substantial interest
				will be affected by the proceedings may petition for leave to intervene in a
				proceeding conducted under Section
				120.57(2), F.S.
				Except for good cause shown, petitions for leave to intervene must be filed at
				least 15 Calendar Days before the final hearing unless otherwise provided by
				law. The petition shall conform to Rule
				28-106.205, F.A.C. The parties
				may, within seven (7) Calendar Days of service of the petition, file a response
				in opposition. The hearing officer may impose terms and conditions on the
				intervenor to limit prejudice to other parties.
(5) Projects will be funded in the order
				ranked, except that funding sufficient to fund Projects which file scoring
				challenges under this rule will be withheld until the conclusion of all
				litigation and appeal proceedings conducted pursuant to Sections
				120.569,
				120.57, and
				120.68,
				F.S.
Rulemaking Authority
					 420.5095 FS. Law Implemented
					 420.5095
					 FS.
New 12-23-07.