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<br />PART II HEARINGS INVOLVING DISPUTED ISSUES
<br />OF MATERIAL FACT
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<br />28-106.201 Initiation of Proceedings.
<br />(1) Unless otherwise provided by statute, Initiation of
<br />proceedings shall be made by written petltlo~ to the
<br />agency responsible for rendering final agency action. The
<br />. term .petition" Includes any document that requests an
<br />evidentiary proceeding and asserts the existence of a
<br />disputed Issue of material fact. Each petition shall be
<br />legible and on 81/2 by 11 Inch white paper. Unless
<br />printed, the li-npresslon shall be on one side of the paper
<br />only and lines shall be double-spaced.
<br />(2) All petitions filed under these rules sh'a11 contain:
<br />(a) The name and address of each agency affected
<br />and each agency's file or identification number,lf known;
<br />(b) The name, address, and telephone nUn;1berof the
<br />petitioner; the name, address, and telephone number of
<br />the petitioner's representative, If any, which shall be the
<br />address for servlc~ purposes during the course of the
<br />proceeding; and an explanation of how the petitioner's
<br />. substantial Interests will be affected by the agency
<br />determination; .
<br />(c) A statement of when and how the petitioner
<br />received notice of the agency decision;
<br />(d) A statement of all disputed Issues of material fact.
<br />If there are none, the petition must so Indicate;
<br />(e) A concise statement of the ultimate facts alleged,
<br />including the specific facts the petitioner contends
<br />warrant reversal or modification of the agency's proposed
<br />action;
<br />(f) A statement of the specltlc rules or statutes the
<br />petitioner contends require reversal or modification of
<br />the agency's proposed action; and
<br />(g) A statement of the relief sought by the petitioner,
<br />stating precisely the action petitioner wIshes the agency
<br />to take with respect to the agency's proposed action.
<br />(3) Upon receipt of a petition Involving. disputed Issues of .
<br />material fact, the agency shall grant or deny the petition,
<br />and if granted shall, unless otherwls~ provided by law,
<br />referthe mattertothe Olvislon of Administrative Hearings
<br />with a request that an admlrilsfrative law Judge be
<br />assigned to conduct the hearing. The request shall be
<br />accompanied by a copy of the petition and a copy of the
<br />notice of agency action. .
<br />(4) A petition shall be dismissed If It Is not In substantial
<br />compliance with subsection (2) of thIs rule or It has been
<br />untimely tiled. Dismissal of a petition shall, at least once,
<br />be without prejudice to petitioner's flling a timely
<br />amended petition curing the defect, unless It conclusively
<br />appears from the face of the petition' that the defect
<br />cannot be cured. .
<br />(5) The agency shall promptly give written notice to all
<br />parties of the action taken on the petition, shall state with
<br />particularity its reasons if the petition Is not granted, and
<br />shall state the deadline for filing an amended petit/on If
<br />applicable.
<br />Specific Authority 120.54(3), (5) FS. Law Implemented
<br />120.54(5),120.569,120.57 FS. History-New 4-1-97, Amended
<br />9-17-98.
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<br />PAST III PROCEEDINGS AND HEAfUNGS.NOT
<br />. INVOLVING DISPUTED ISSUES OF MATERIAL
<br />' 'FACT
<br />
<br />28-106.301 Initiation of Proceedings.
<br />(1) Initiation of a proceeding shall be'made by written
<br />petition to 'the agency responsible 10r rendering final
<br />agency action. The term "petltlonM Includes any document
<br />which requests a proceeding. Each petition shall be
<br />legible and on 81/2 by 11 inch whlte'paperor on a form
<br />provided by the agency. Unless printed, the Impression
<br />shall be on one side of the paper only and lines shall be
<br />doubled-spaced. ,
<br />(2) All petitions 1IIed under these rules 'shall contain:.
<br />(a) The name and address of each agency affected
<br />and each agency's file or Identification number, If known;
<br />(b) The name, address, andtelephone number of the
<br />petitioner; the name, address, and telephone number of
<br />the petitioner's representative, if any, which shall be the
<br />address 10r service purposes during the course of the
<br />proceeding; and an explanation of how the petitioner's
<br />substantial Interests will be affected by the agency
<br />determination; ,.
<br />(c) A statement of wh.enand how the petitioner
<br />received notice of the, ~gency decision;
<br />(d) A concise statement of the ultimate facts alleged,
<br />Including the specific facts the petitioner contends
<br />warrant reversal or modification of the agency's proposed
<br />action; _
<br />(e) A statement of the specific rules or statutes the
<br />petitioner contends require reversal or modification of
<br />the agency's proposed action; and
<br />(f) A ~tatement of the relief sought by the petitioner,
<br />stating precisely the action petitioner wishes the agency
<br />to take with respect to the agency's proposed action.
<br />(3) If the petition does not set forth disputed issues of
<br />material fact, the agency shall refer the matter to the
<br />presiding officer desIgnated by the agency with a request
<br />that the matter be scheduled for a "proceeding not
<br />Involving disputed Issues of material fact. The.request
<br />shall be. ficcompanled by a copy of the petition and a
<br />copy of'the notice of agency action.
<br />(4) A petition shall be dismissed if,lt is not in substantial
<br />compliance with subsection (2) of this Rule or It has been
<br />untimely filed. Dismissal of a petit/on shall, at least once,
<br />be without prejudice to petitioner's filing a timely
<br />amended petition curing the defect, unless it conclusively
<br />appears from the face of the petItion that the defect
<br />cannot be cured. '
<br />(5) The agency shall promptly give written notice to all
<br />parties of the action taken on the petition, shall state with
<br />" p~rtJcularity Its reasons If the petition Is not granted, and
<br />~~'. shall state the. deadline for filing an amended petit/on if
<br />~appl1cable. "
<br />Specific Authoriry 120.54(5) FS. Law Implemented 120.54(5),
<br />i20.569, 120.57 FS. History-New 4-1-97, Amended 9-17-98.
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