12032964, 28-106.104 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12032964

Notice of Development of Rulemaking

Department:

ADMINISTRATION COMMISSION

Chapter:

DECISIONS DETERMINING SUBSTANTIAL INTERESTS

Overview

RULE:

28-106.104	Filing
28-106.105	Appearances
28-106.106	Who May Appear; Criteria for Qualified Representatives
28-106.201	Initiation of Proceedings
28-106.2015	Agency Enforcement and Disciplinary Actions
28-106.204	Motions
28-106.205	Intervention
28-106.213	Evidence
28-106.214	Recordation
28-106.217	Exceptions and Responses
28-106.301	Initiation of Proceedings
28-106.303	Motions
28-106.306	Recordation
28-106.402	Contents of Request for Mediation
28-106.404	Contents of Agreement to Mediate

PURPOSE:

The purpose and effect of the proposed rule amendment is to amend rule chapter language to clarify the filing date of documents; to ensure parties have correct contact information as to other parties; to reduce the costs to all parties by requiring documents be filed only once; to clarify when representative must be qualified; conform to present technology with respect to e-mail address; to clarify when a reply is permitted; to clarify when a motion to dismiss  must be filed; to conform to statutory changes; to add uniformity to proceedings by requiring that intervention be by motion rather than petition, which provides the procedural framework attendant to motions; to reduce allegations required for intervention from those required for a petition which initiates the proceeding; to clarify applicable statutory sections; to provide for a procedure for obtaining official recognition; to establish a procedure for the use of interpreters and translators; and to delete obsolete requirement that court reporters be certified.

SUBJECT:

Decisions Determining Substantial Interests

RULEMAKING AUTHORITY:

120.54(5), FS.

LAW:

120.54(2)(a), 120.54(2)(c), 120.54(2)(d), 120.54(3)(a), 120.54(3)(c), 120.54(3)(c)2., 120.54(5), 120.54(7), 120.525, FS.

PRINT PUBLISH DATE:

9/28/2012 Vol. 38/39

RELATED STATUTES
AND LAWS:

120.54(5), FS., 120.54(2)(a), 120.54(2)(c), 120.54(2)(d), 120.54(3)(a), 120.54(3)(c), 120.54(3)(c)2., 120.54(5), 120.54(7), 120.525, FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=28-106.104&PDate=9/28/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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