Florida Regulations 28-106.301: Initiation of Proceedings
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(1) Unless otherwise provided by statute and except for agency enforcement and disciplinary actions initiated under subsection 28-106.2015(1), F.A.C., initiation of a proceeding shall be made by written petition to the agency responsible for rendering final agency action. The term “”petition”” includes any document which requests a proceeding. Each petition shall be legible and on 8 1/2 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 doubled-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, any email address, and telephone number of the petitioner, if the petitioner is not represented by an attorney or qualified representative; the name, address, email address, facsimile number, and telephone number of the petitioner’s representative; if any, which shall be the address for service purposes during the course of the proceeding;
(c) An explanation of how the petitioner’s substantial interests will be affected by the agency determination;
(d) A statement of when and how the petitioner received notice of the agency decision;
(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 that the petitioner contends require reversal or modification of the agency’s proposed action;
(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; and
(h) A statement that no material facts are in dispute.
Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 4-1-97, Amended 9-17-98, 1-15-07, 12-24-07, 2-5-13.
Terms Used In Florida Regulations 28-106.301
- Statute: A law passed by a legislature.
(a) The name and address of each agency affected and each agency’s file or identification number, if known;
(b) The name, address, any email address, and telephone number of the petitioner, if the petitioner is not represented by an attorney or qualified representative; the name, address, email address, facsimile number, and telephone number of the petitioner’s representative; if any, which shall be the address for service purposes during the course of the proceeding;
(c) An explanation of how the petitioner’s substantial interests will be affected by the agency determination;
(d) A statement of when and how the petitioner received notice of the agency decision;
(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 that the petitioner contends require reversal or modification of the agency’s proposed action;
(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; and
(h) A statement that no material facts are in dispute.
Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 4-1-97, Amended 9-17-98, 1-15-07, 12-24-07, 2-5-13.