Florida Regulations 40B-1.709: Suspension, Revocation, and Modification of District Permits
Current as of: 2024 | Check for updates
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(1) The Executive Director shall initiate proceedings to suspend, revoke, or modify a permit or other authorization by serving a written notice rights upon the permittee by certified mail or by service of process, or by newspaper publication as provided in Florida Statutes § 120.65(5) The administrative complaint shall include all of the information required by subsection 28-106.2015(4), F.A.C., of the Uniform Rules of Procedure.
(2) The permittee may request an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., by filing a petition with the District within 14 days of receipt of the District’s complaint. Petitions are deemed filed upon receipt by the District Clerk. The petition must contain all of the information required by subsection 28-106.2015(5), F.A.C., of the Uniform Rules of Procedure.
(3) Failure to comply with the provisions of subsection (2), shall constitute a waiver of the right to a Section 120.69 or 120.57, F.S., administrative hearing. In such event, the administrative complaint shall become a final order of the District and all findings of fact and conclusions of law contained therein shall be deemed uncontested and true in any further judicial or administrative proceedings.
(4) The Board shall consider any timely filed petition for a Sections 120.569 and 120.57, F.S., hearing at the next available regular meeting following expiration of the 14-day time period in subsection (2).
(5) In the case of an emergency, the District may take any action necessary to protect the public interest in accordance with Florida Statutes § 120.60(6) The permittee shall take immediate action to achieve compliance with the emergency order, but shall have the right to request an administrative hearing in accordance with the provisions of subsections (2) through (4) above.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.429 FS. History-New 9-15-81, Repromulgated 3-17-88, Amended 12-21-88, 10-25-09, 11-2-21.
Terms Used In Florida Regulations 40B-1.709
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Service of process: The service of writs or summonses to the appropriate party.
(3) Failure to comply with the provisions of subsection (2), shall constitute a waiver of the right to a Section 120.69 or 120.57, F.S., administrative hearing. In such event, the administrative complaint shall become a final order of the District and all findings of fact and conclusions of law contained therein shall be deemed uncontested and true in any further judicial or administrative proceedings.
(4) The Board shall consider any timely filed petition for a Sections 120.569 and 120.57, F.S., hearing at the next available regular meeting following expiration of the 14-day time period in subsection (2).
(5) In the case of an emergency, the District may take any action necessary to protect the public interest in accordance with Florida Statutes § 120.60(6) The permittee shall take immediate action to achieve compliance with the emergency order, but shall have the right to request an administrative hearing in accordance with the provisions of subsections (2) through (4) above.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.429 FS. History-New 9-15-81, Repromulgated 3-17-88, Amended 12-21-88, 10-25-09, 11-2-21.