12156154, 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: 12156154

Notice of Proposed Rule

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

SUMMARY:

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

RULEMAKING AUTHORITY:

120.54(5), F.S.

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, F.S.

PRINT PUBLISH DATE:

11/27/2012 Vol. 38/78

COMMENTS:

From 11/27/2012 To 12/18/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.