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<br />PART II HEARINGS INVOLVING
<br />DISPUTED ISSUES OF MATERIAL FACT
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<br />28-106.201 Initia tion of Proceedings.
<br />(I) Unless otherwise provided by statute, IDltIatIon of
<br />proceedings shall be made by written petition to the agency
<br />responsible for rendering final agency action. The tcrm
<br />"petition" includes any document that requests an evidentiary
<br />proceeding and asserts the existencc of a disputed issue of
<br />material fact Each petition shall be legible and on 8 ~ by II
<br />inch white paper. Unless printed, the impression shall be on
<br />one side of the paper only and lines shall be double-spaced.
<br />(2) All petitions filed under these rules shall contain:
<br />(a) The name and address of each agency affected and
<br />each agency's file or identification number, if known;
<br />(b) The name, address, and telephone number of the
<br />petitioner; the name, address, and telephone number of the
<br />petitioner's representative, if any, which shall be the address
<br />for service purposes during the course of the proceeding; and
<br />an explanation of how the petitioner's substantial interests will
<br />be affected by the agency determination;
<br />( c) A statement of when and how the petitioner received
<br />notice of the agency decision;
<br />(d) A statement of all disputed issues of material fact. If
<br />there arc none, the petition must so indicate;
<br />(e) A concise statement of the ultimate facts alleged,
<br />including the specific facts the petitioner contends warrant
<br />reversal or modification of the agency's proposed action;
<br />(f) A statement of the specific mles or statutes the
<br />petitioner contends require reversal or modification of the
<br />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 to
<br />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, and
<br />if granted shall, unless otherwise provided by law, refer the
<br />matter to the Division of Administrative Hearings with a
<br />request that an administrative law judge be assigned to
<br />conduct the hearing, The request shall be accompanied by a
<br />copy of the petition and a copy of the 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 filed. Dismissal of a petition shall, at least once, be
<br />without prejudice to petitioner's filing a timely amended
<br />petition curing the defect, unless it conclusively appears from
<br />the face of the petition that the defect cannot be cured.
<br />(5) The agency shall promptly give written notice to all
<br />parties (If the action taken on the petition, shall state with
<br />particularity its reasons if the petition is not granted, and shall
<br />state the deadline for filing an amended petition ifapplicable,
<br />
<br />Specific Authority 12054(3), (5) FS Law 1mplemented
<br />120 54('i), 120569, 12057 F,)' }liston~New 4-1-97,
<br />Amender! 9. 1'7 98
<br />
<br />PART ill PROCEEDINGS AND HEARINGS
<br />NOT INVOLVING DISPUTED ISSUES OF
<br />MATERIAL FACT
<br />
<br />28-106301 Initiation of Proceedings
<br />(1) Initiation of a proceeding shall be made by written
<br />petition to the agency responsible for rendering fmal agency
<br />action. The term "petition" includes any document which
<br />requests a proceeding. Each petition shall be legible and on
<br />8 ~ by 11 inch white paper or on a form provided by the
<br />agency. Unless printed, the impression shall be on one side of
<br />the paper only and lines shall be double-spaced.
<br />(2) AJI petitions filed under these rules shall contain:
<br />(a) The name and address of each agency affected and
<br />each agency's file or identification number, ifknown;
<br />(b) The name, address, and telephone number of the
<br />petitioner, the name, address, and telephone number of the
<br />petitioner's representative, if any, which shall be the address
<br />for service pwposes during the course of the proceeding; and
<br />an explanation of how the petitioner's substantial interests will
<br />be affected by the agency determination;
<br />(c) A statement of when and how the petitioner received
<br />notice of the agency decision;
<br />(d) A concise statement of the ultimate facts alleged,
<br />including the specific facts the petitioner contends warrant
<br />reversal or modification of the agency's proposed action;
<br />(e) A statement of the specific rules or statutes the
<br />petitioner contends require reversal or modification of the
<br />agency's proposed action; and
<br />(f) A statement of the relief sought by the petitioner,
<br />stating precisely the action petitioner wishes the agency to
<br />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 presiding
<br />officer designated by the agency with a request that the matter
<br />be scheduled for a proceeding not involving disputed issues
<br />of material fact The request shall be accompanied by a copy
<br />of the petition and a copy of the 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 filed Dismissal of a petition shall, at least once, be
<br />\l{ithout prejudice to petitioner's filing a timely amended
<br />petition curing the defect, unless it conclusively appears from
<br />the face of the petition that the defect 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 shall
<br />state the deadline for filing an amended petition if applicable.
<br />
<br />Specific Authority 120.54(5) F.S Law 1mplemented
<br />120.54(5), 120.569, 120,57 FS History-New 4-1-97,
<br />Amended 9-17-98.
<br />
<br />42.00-028 (10/99)
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