8427668, 25-22.061 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8427668

Notice of Proposed Rule

Department:

PUBLIC SERVICE COMMISSION

Chapter:

RULES GOVERNING PRACTICE AND PROCEDURE

Overview

RULE:

25-22.061

Stay Pending Judicial Review

PURPOSE:

Rule 25-22.061, F.A.C., Stay Pending Judicial Review, is amended for consistency with Florida Rule Appellate Procedure 9.310, and to clarify who shall hear motions for stay and what factors are considered by the Florida Public Service Commission in granting a stay and in setting an interest rate when a stay is conditioned upon the posting of a bond or corporate undertaking. Docket No. 100062-OT.

SUMMARY:

Rule 25-22.061, F.A.C., Stay Pending Judicial Review, is amended to delete provisions concerning automatic stays pending judicial review granted to public entities filing a notice of appeal in administrative actions under Chapter 120, F.S. The amendments state the factors which the Commission may consider in determining whether to grant a stay and under what conditions the Commission may condition a stay, list the factors that the Commission may consider in setting an interest rate when granting a stay conditioned upon the posting of a bond or corporate undertaking, and clarify that motions for stay shall be heard by those Commissioners who were on the deciding panel for the order being appealed.

RULEMAKING AUTHORITY:

350.127(2) FS.

LAW:

120.68(3) FS.

PRINT PUBLISH DATE:

4/2/2010 Vol. 36/13

COMMENTS:

From 4/2/2010 To 4/23/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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