28811345, 5PER24-11 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 28811345

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Food, Nutrition and Wellness

Overview

RULE:

5PER24-11

Appeals

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

Tropical Storm Helene is expected to intensify into a large and dangerous major hurricane prior to making landfall in Florida. Due to the safety risks posed and evacuation needs required by the storm, as well as the resulting statewide disruption to normal business and governmental operations, deadlines established in rule 5P-1.002, F.A.C., must be adjusted to allow potential appellants to exercise their rights. This emergency rule will allow appellants additional time to respond to agency action and to participate in the appeals process, while also allowing additional time for the hearing officer to conduct hearings and render final determinations.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The extended deadlines provided in the emergency rule allow appellants to exercise their rights to challenge an agency action by giving them additional time to request a hearing, to participate in a hearing, and to provide documentation to the hearing officer for consideration. The emergency rule also provides the hearing officer with additional time to issue a fair and impartial final determination on the matter appealed. However, the additional time provided by this emergency rule is not so great as to unduly delay proceedings or to impose hardships on participants.

SUMMARY:

This emergency rule extends specified deadlines for appeals processes related to Child Nutrition Programs.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Corinne Porcher, Senior Attorney, 600 South Calhoun St., Ste. 120, Tallahassee, FL 32399, (850) 545-4987.

PRINT PUBLISH DATE:

9/26/2024 Vol. 50/189

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://flrules.org/gateway/ruleno.asp?id=5PER24-11&PDate=9/26/2024&Section=4

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.