Title: A bill to be entitled An act relating to the Administrative Procedure Act
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 Material Information
Title: A bill to be entitled An act relating to the Administrative Procedure Act
Alternate Title: A bill to be entitled An act relating to the Administrative Procedure Act providing that where the agency head is a board, the agency may request a hearing officer within 10 days of the next regularly scheduled board meeting - powers defined.
Physical Description: 2p.
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 3, Folder 3D ( LEGISLATION - BOX 3, FOLDER 3 ), Item 123
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051504
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



1

2

3 A bill to be entitled

4 An act relating to the Administrative Procedure Act;

5 amending 120.57(1)(b)3, Florida Statutes; providing
6 that where the agency head is a board the agency

7 may request a hearing officer within 10 days of the
8 next regularly scheduled board meeting; providing

that an agency referring a matter to a hearing offi-
9
cer may withdraw the matter from the hearing officer
10
at any time and hear the matter itself; providing
11
an effective date.
12

13 Be It Enacted By the Legislature of the State of Florida:

14

15 Section 1. Paragraph 3 of subsection (b) of subsection

16 (1) of section 120.57, Florida Statutes, is amended to read:

17 120.57 Decisions which affect substantial interests.--
18 The provisions of this section shall apply in all proceedings in

i 9 which the substantial interests of a party are determined by an

20 agency. Rulemaking proceedings shall be governed solely by

I section 120.54 unless, and to the extent that, a party timely

asserts that his substantial interests will be affected in the
22
proceedings and affirmatively demonstrates to the agency that the
23
proceeding does not provide adequate opportunity to protect those
24
interests. If the agency determines that rulemaking proceedings
25
are not adequate to protect a party's interests, it shall convene
26
a separate proceeding and proceed under the provisions of this
27
section. The agency may request similarly situated parties to
i 28
2 join and participate in such a proceeding.. The rulemaking pro-
29
Iaeding shall not be concluded prior to the issuance of the final

30 >rder in the separate proceeding. Unless waived by consent of all
31 parties and the agency involved, subsection (1) shall apply to the







COD)I11J : Wor-r in :tr'. u 'lk tlhrougi h LYl)p <'ro







1 extent that the proceeding involves a disputed issue of material

2 fact. Unless otherwise agreed, subsection (2) shall apply in all

3 other cases.

4 (1) FORMAL PROCEEDINGS.--

5 (b) In cases in which this subsection is. applicable, the

6 following procedures shall apply:

7 3. Except for proceedings conducted as prescribed in
8 120.54(3) or $120.56; all petitions or requests for hearings
8
under this section shall be filed with the agency. If the agency
9
elects to refer the matter to request a hearing officer from the
10
division, it shall notify the division within 10 days of receipt
11
of petition or request, or, if the agency head is a board, within
12
10 days of the next regularly scheduled board meeting, requesting
13
the assignment of a. hearing officer and, with the concurrence o
14
the division, setting the time, date and place of the hearing.O
15request of any agency, the division shall assign hearing' officr

\ ~~with due regard to the expertise required for the particular mt
17
; ~ter. Any patty may request the disqualification of any hearing
18 officer by filing an affidavit with the division prior to the

I 19 taking of evidence at a hearing, stating the grounds with pari-




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