3218380, 28-106.103 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 3218380

Notice of Proposed Rule

Department:

ADMINISTRATION COMMISSION

Chapter:

DECISIONS DETERMINING SUBSTANTIAL INTERESTS

Overview

RULE:

28-106.103	Computation of Time
28-106.104	Filing
28-106.106	Who May Appear; Criteria for Qualified Representatives
28-106.111	Point of Entry into Proceedings and Mediation
28-106.201	Initiation of Proceedings
28-106.2015	Agency Enforcement and Disciplinary Actions
28-106.202	Amendment of Petitions or Requests for Hearing
28-106.204	Motions
28-106.205	Intervention
28-106.213	Evidence
28-106.217	Exceptions and Responses
28-106.301	Initiation of Proceedings
28-106.305	Conduct of Proceedings
28-106.401	Purpose
28-106.402	Contents of Request for Mediation
28-106.501	Emergency Action

PURPOSE:

The purpose of the amendment to Rule 28-106.103, F.A.C., is to clarify the language pertaining to transmission of documents. Rule 28-106.104, F.A.C., is being amended to provide for electronic filing or facsimile transmission and to clarify rule language. Rule 28-106.106 is being amended to further define who may appear as counsel and explicitly exclude a disbarred lawyer from appearing as qualified representative. The purpose of amending Rule 28-106.111, F.A.C., is to incorporate statutory changes. The amendment to subsection (4) provides for equitable tolling as a defense to an untimely filed request for a hearing. The rule is further amended to clarify language, and in subsection (5)(b) language lacking statutory authority is deleted. The Commission is amending subsection 28-106.201(1), F.A.C., to reflect that enforcement and disciplinary actions are to proceed under new Rule 28-106.2015, F.A.C. Paragraph (2)(f) is amended to require an explanation in the petition of how the alleged facts relate to specific rules or statutes. Subsections (4) and (5) are being deleted because they reiterate statutory language. Rule 28-106.2015 is a rule promulgated pursuant to new statutory language. The rule establishes the process for agency enforcement and disciplinary actions; it incorporates former Rule 28-107.104, F.A.C. Rule 28-106.202, F.A.C., is being amended to clarify language and allow for amendment of requests for hearings. Rule 28-106.204, F.A.C., is being amended to clarify language and to allow for motions to relinquish jurisdiction when no genuine issue of material fact exists. Rule 28-106.205 is being amended to allow a party to oppose intervention and to clarify language. Paragraph (5)(b) of Rule 28-106.213, F.A.C., is being amended to clarify procedure for notary when testimony is taken by telephone. Rule 28-106.217, F.A.C., is being amended to require parties to identify disputed portions of the recommended order and assert a legal basis for any exceptions. A proposed amendment to subsection (2) requires service to all parties on the day exceptions are filed with the agency. Rule 28-106.301, F.A.C., is being amended to reflect that enforcement and disciplinary actions will proceed under new Rule 28-106.2015, F.A.C. Subsections (3), (4), and (5) are deleted because they reiterate statutory language. Rule 28-106.305, F.A.C., is being amended to delete subsection (2) because Chapter 120, Florida Statutes, does not provide for this procedure. The proposed amendment to Rule 28-106.401, F.A.C., constitutes a substantial rewrite of the mediation process. Subsection (2) is being deleted for lack of statutory authority. The purpose of amending Rule 28-106.402, F.A.C., is to simplify the contents of a request for mediation. Rule 28-106.501, F.A.C., is a proposed new rule. The language is taken from former Rule 28-107.005, F.A.C. The new rule is created and Rule 28-107.005, F.A.C., repealed, because an emergency action is another type of proceeding in which substantial interests are determined.

SUMMARY:

The purpose of the amendment to Rule 28-106.103, F.A.C., is to clarify the language pertaining to transmission of documents. Rule 28-106.104, F.A.C., is being amended to provide for electronic filing or facsimile transmission and to clarify rule language. Rule 28-106.106, F.A.C., is being amended to further define who may appear as counsel and explicitly exclude a disbarred lawyer from appearing as qualified representative. The purpose of amending Rule 28-106.111, F.A.C., is to incorporate statutory changes. The amendment to subsection (4) provides for equitable tolling as a defense to an untimely filed request for a hearing. The rule is further amended to clarify language, and in paragraph (5)(b) language lacking statutory authority is deleted. The Commission is amending subsection 28-106.201(1), F.A.C., to reflect that enforcement and disciplinary actions are to proceed under new Rule 28-106.2015, F.A.C. Paragraph (2)(f) is amended to require an explanation in the petition of how the alleged facts relate to specific rules or statutes. Subsections (4) and (5) are being deleted because they reiterate statutory language. Rule 28-106.2015, F.A.C., is a rule promulgated pursuant to new statutory language. The rule establishes the process for agency enforcement and disciplinary actions; it incorporates former Rule 28-107.104, F.A.C. Rule 28-106.202, F.A.C., is being amended to clarify language and allow for amendment of requests for hearings. Rule 28-106.204, F.A.C., is being amended to clarify language and to allow for motions to relinquish jurisdiction when no genuine issue of material fact exists. Rule 28-106.205, F.A.C., is being amended to allow a party to oppose intervention and to clarify language. Paragraph (5)(b) of Rule 28-106.213, F.A.C., is being amended to clarify procedure for notary when testimony is taken by telephone. Rule 28-106.217, F.A.C., is being amended to require parties to identify disputed portions of the recommended order and assert a legal basis for any exceptions. A proposed amendment to subsection (2) requires service to all parties on the day exceptions are filed with the agency. Rule 28-106.301, F.A.C., is being amended to reflect that enforcement and disciplinary actions will proceed under new Rule 28-106.2015, F.A.C. Subsections (3), (4), and (5) are deleted because they reiterate statutory language. Rule 28-106.305, F.A.C., is being amended to delete subsection (2) because Chapter 120, Florida Statutes, does not provide for this procedure. The proposed amendment to Rule 28-106.401, F.A.C., constitutes a substantial rewrite of the mediation process. Subsection (2) is being deleted for lack of statutory authority. The purpose of amending Rule 28-106.402, F.A.C., is to simplify the contents of a request for mediation. Rule 28-106.501, F.A.C., is a proposed new rule. The language is taken from former Rule 28-107.005, F.A.C. The new rule is created and Rule 28-107.005, F.A.C., repealed, because an emergency action is another type of proceeding in which substantial interests are determined.

RULEMAKING AUTHORITY:

120.54 (5) FS.

LAW:

120.569, 120.57, 120.573 FS.

PRINT PUBLISH DATE:

11/22/2006 Vol. 32/47

COMMENTS:

From 11/22/2006 To 12/13/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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