Southwest 1 iorida
Water Management District
196 4 P. O. BOX 457 BROOKSVILLE. FLORIDA 33512
DERRILL McATEER, Chairman, Brooksville THOMAS VAN der VEER, Secretary, Yankeetown JOE E. HILL, Lcesburg
GEM ROBERT E. VAUGHN, Vice Chairman, Brandon JOHN A. ANDERSON, St. Petersburg N. BROOKS JOHNS, Lakeland
J. R. GRAW, Treasurer, Ocala S. C. BEXLEY, JR., Land O'Lakes RONALD B. LAMBERT, Wauchula
Donald R. Faster, Executive Director
April 11, 1975
Kenneth G. Oertel, Esquire APR 14 797
Division of Administrative Hearings L. -,- j.
Room 530, Carlton Building
Tallahassee, Florida 32304
Re: Consumptive Use Permit Hearings for May 1 and 5, 1975
Dear Mr. Oertel:
Your letter of April 3, 1975 is acknowledged advising the Division can supply
hearing officers for the above dates. In accordance with your request, I
enclose copies of the applications filed for permits under Chapter 16J-2
Florida Administrative Code.
As to your statement that the notice must be published in the Administrative
Weekly, I take exception and refer to Section 120.53(9) Florida Statutes.
This section provides the model rules will apply only if a specific agency
has not adopted a specific rule of procedure covering the subject matter.
It would appear that Rule 16J-2.08 FAC entitled Publication and Distribution
Of Notice Of Application would meet the exception of Section 120.53(9).
The District has published the notices in newspapers circulated in the areas
Accordingly, I will look forward to hearing from you for the name of the
hearing officer who will conduct the hearings at the District Administration
Headquarters, on U. S. 41 (seven miles south) Brooksville, Florida on May 1,
and 5, 1975. I would also like to ask for a hearing officer to be assigned
for May 19, and June 2, 1975 to conduct hearings on other applications filed
with the District.
Your request to schedule hearings on consecutive days will be followed on any
Should you need anything further, please advise.
Very truly yours,
cc: Thomas E. Cone