Florida Regulations 40C-1.608: Denial of a License or Permit
Current as of: 2024 | Check for updates
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(1) The District shall set forth in writing the reasons for denial of the license or permit application. For applications for environmental resource permits, the District will also explain, in general terms, what changes in the permit application, if any, would address such reasons for denial. Such changes shall not be limited to those modifications as described in subsection 10.2.1 of the Applicant’s Handbook Volume I (General and Environmental) which is incorporated by reference in subFl. Admin. Code R. 40C-41.063(6)(d)4.
(2) When the license or permit is considered by the Board the applicant and other interested persons may appear before the Board to present informal argument for or against the intended District action. Such appearance before the Board shall not provide a basis for appealing the decision of the Board pursuant to chapter 120, F.S.
(3) The Board may approve, reject or modify the intended District action. The Board’s action shall constitute final agency action, except for those instances when a valid petition for an administrative hearing has been timely filed. In such instances, the Board shall defer final consideration of the matter pending completion of the administrative hearing and the submittal of a recommended order, if required, and exceptions thereto.
(4) Applicants and other interested persons should be prepared to explain their positions regarding the license or permit application when it is considered by the Board for final action. If the Board’s final action differs substantially from the intended District action, the District shall mail a notice of final action to all persons who received a notice of intended District action. Substantially affected persons who did not request a Florida Statutes § 120.57, hearing based on the notice of proposed District action shall have the right to request such a hearing within 14 days of receipt of the notice of final action, otherwise such right is deemed waived. Such request for hearing shall be in accordance with subsection (4), above, and may only address those aspects of the final action which substantially deviate from the intended action.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.219, 373.308, 373.413, 373.4131, 373.4136, 373.416, 373.426 FS. History-New 8-1-89, Amended 10-3-95, 8-4-98, 10-1-13.
(3) The Board may approve, reject or modify the intended District action. The Board’s action shall constitute final agency action, except for those instances when a valid petition for an administrative hearing has been timely filed. In such instances, the Board shall defer final consideration of the matter pending completion of the administrative hearing and the submittal of a recommended order, if required, and exceptions thereto.
(4) Applicants and other interested persons should be prepared to explain their positions regarding the license or permit application when it is considered by the Board for final action. If the Board’s final action differs substantially from the intended District action, the District shall mail a notice of final action to all persons who received a notice of intended District action. Substantially affected persons who did not request a Florida Statutes § 120.57, hearing based on the notice of proposed District action shall have the right to request such a hearing within 14 days of receipt of the notice of final action, otherwise such right is deemed waived. Such request for hearing shall be in accordance with subsection (4), above, and may only address those aspects of the final action which substantially deviate from the intended action.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.219, 373.308, 373.413, 373.4131, 373.4136, 373.416, 373.426 FS. History-New 8-1-89, Amended 10-3-95, 8-4-98, 10-1-13.