28-108: EXCEPTION TO UNIFORM RULES OF PROCEDURE
28-108.001: Petition for Exception to Uniform Rules of Procedure
PURPOSE AND EFFECT: The purpose of this proposed rule is to clarify language and parallel structure of other rules to list requirements of petitions to be filed with the Administration Commission.
SUMMARY: The purpose of this proposed rule is to clarify language and parallel structure of other rules to list requirements of petitions to be filed with the Administration Commission.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 120.54(5) FS.
LAW IMPLEMENTED: 120.54 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: 9:00 AM, Friday, December 15, 2006
PLACE: Room 2103, The Capitol, Tallahassee, Florida 32399-0001
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least two days before the workshop/meeting by contacting: Barbara Leighty, Senior Policy Analyst, telephone (850) 487-1884, Administration Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Senior Policy Analyst, telephone (850) 487-1884, or Gladys Perez, General Counsel, telephone (850) 488-3494, Administration Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001.
THE FULL TEXT OF THE PROPOSED RULE IS:
28-108 Exceptions to Uniform Rules of Procedure
28-108.001 Petition for Exception to Uniform Rules of Procedure.
(1) The agency head shall file a petition with the Administration Commission for an exception to the Uniform Rules of Procedure as provided in Section 120.54(5)(a)2, F.S. for all of the agency's procedural rules which fall within the subject matter or scope of any of the individual Uniform Rules of Procedure, Chapters 28-101 through 28-110, F.A.C. that includes the following:
(a) Grounds for the request for the exception.
(b) Citation to the particular Uniform Rule of Procedure for which each exception is sought.
(c) Specific citation to the provisions of existing agency rule for which an exception is sought, if any.
(d) Attachment of the proposed rule language as an exhibit to the petition.
(2) The petition shall include reasons for the exception as outlined in Section 120.54(5)(a), F.S., citation to the particular Uniform Rule of Procedure for which each exception is sought, and specific citation to the provisions of existing agency rule for which an exception is sought, or if a proposed rule or proposed rule amendment, attachment of the proposed rule language as an exhibit to the petition.
(2)(3)The agency shall publish notice of the petition in the next available edition of the Florida Administrative Weekly, after consultation with the agency clerk of the Administration Commission. The notice shall include:
(a) Tthe name of the agency seeking an exception;
(b) Tthe uniform rule of procedure from which the exception is sought;, citations to the existing rule or a summary of the proposed rule for which the exception is sought, a summary of the stated grounds for the exception, and
(c) Tthe date the matter is expected to be heard by the Administration Commission.
(d) The contact name, address, and phone number where a copy of the petition may be obtained.
(3)( 4) The Administration Commission shall provide interested persons with the opportunity to file written statements or make oral presentations in support of or in opposition to the exception.