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, . PART II HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT 28-106.201 Initiation of Proceedings. (1) Unless otherwise provided by statute, 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 ~ 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, ifknown; (b) The name, address, and telephone number of the petiti~ner; 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 ~cted by the agency determination; (c) A statement of when and how the petitioner received notiCCl 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 petitiOlner contends require reversal or modification of the agency's proposed action; 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 materilll fact, the agency shall grant or deny the petition, and if ~ed 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 conduet the hearing. The request shall be accompanied by a copy of the petition and a copy of the notice of agency action. (4) A petition shall be dismissed if it is not in substantial compliance with subsection (2) of this rule or it has been untimely fIled. Dismissal of a petition shall, at least once, be withoUlt prejudice to petitioner's filing a timely amended petitiolll curing the defect, unless it conclusively appears from the face of the petition that the defect cannot be cured. (5) The agency shall promptly give written notice to all parties of the action taken on the petition, shall state with particularity its reasons if the petition is not granted, and shall state the deadline for fIling an amended petition if applicable. Specific Authority 120.54(3), (5) F.s. Law Implemented 120.54(5), 120.569. 120.57 F.S. History-New 4-1-97, Amended 9-17-98. PART m PROCEEDINGS AND HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT 28-106.301 Initlation of Proceedings (1) Initiation of a proceeding shall be made by written petition to the agency responsible for rendering fmal agency action. The term "petition" includes any document which requests a proceeding. Each petition shall be legible and on 8 ~ 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 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, and telephone number of the petitioner; 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 concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (e) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action; attd (f) 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) If the petition does not set forth disputed issues of material fact, the agency shall refer the matter to the presiding officer designated by the agency with a request that the matter be scheduled for a proceeding not involving disputed issues of material fact. The request shall be accompanied by a copy of the petition and a copy of the notice of agency action. (4) A petition shall be dismissed if it is not in substantial compliance with subsection (2) of this Rule or it has been untimely filed. Dismissal of a petition shall, at least once, be without prejudice to petitioner's filing a timely amended petition curing the defect, unless it conclusively appears from the face of the petition that the defect cannot be cured. (5) The agency shall promptly give written notice to all parties of the action taken on the petition, shall state with particularity its reasons if the petition is not granted, and shall state the deadline for filing an amended petition if applicable. Specific Authority 120.54(5) F.S. Law Implemented 120.54(5), 120.569, 120.57 F.S. History-New 4-1-97, Amended 9-17-98. 42.00-028 (10/99)