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2008-260B
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2008-260B
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Notice Of Rights <br /> 1 . A person whose substantial interests are or may be affected has the right to request an <br /> administrative hearing by filing a written petition with the St. Johns River Water <br /> Management District ( District) . Pursuant to Chapter 28- 106 and Rule 40C- 1 . 1007 , <br /> Florida Administrative Code , the petition must be filed ( received ) either by delivery at the <br /> office of the District Clerk at District Headquarters , P . O . -Box 1429 , Palatka Florida <br /> 32178- 1429 (4049 Reid St. , Palatka , FL 32177) or by a-mail with the District Clerk at <br /> Clerk a4� sirwmd . com , within twenty-six (26 ) days of the District depositing notice of <br /> District decision in the mail (for those persons to whom the District mails actual notice) , <br /> within twenty-one ( 21 ) days of the District emailing notice of District decision (for those <br /> persons to whom the District emails actual notice ) , or within twenty-one (21 ) days of <br /> newspaper publication of the notice of District decision (for those persons to whom the <br /> District does not mail or email actual notice ) . A petition must comply with Sections <br /> 120 . 54( 5 )( b )4. and 120 . 569 (2 )(c) , Florida Statutes , and Chapter 2& 106 , Florida <br /> Administrative Code , The District will not accept a petition sent by facsimile (fax) , as <br /> explained in paragraph no . 5 below . Mediation pursuant to Section 120 . 573 , Florida <br /> Statutes , is not available . <br /> 2 . If the Governing Board takes action that substantially differs from the notice of District <br /> decision , a person whose substantial interests are or may be affected has the right to <br /> request an administrative hearing by filing a written petition with the District, but this <br /> request for administrative hearing shall only address the substantial deviation . Pursuant <br /> to Chapter 28- 106 and Rule 40C- 1 . 1007 , Florida Administrative Code , the petition must <br /> be filed (received ) at the office of the District Clerk at the mail/street address or email <br /> address described in paragraph no . 1 above , within twenty-six ( 26 ) days of the District <br /> depositing notice of final District decision in the mail (for those persons to whom the <br /> District mails actual notice) , within twenty-one ( 21 ) days of the District emailing the <br /> notice of final District decision (for those persons to whom the District emails actual <br /> notice ) , or within twenty-one (21 ) days of newspaper publication of the notice of final <br /> District decision (for those persons to whom the District does not mail or email actual <br /> notice ) . A petition must comply with Sections 120 . 54( 5 )( b )4 . and 120 . 569( 2 )(c) , Florida <br /> Statutes , and Chapter 28- 106 , Florida Administrative Code . Mediation pursuant to <br /> Section 120 . 573 , Florida Statutes , is not available . <br /> 3 . A person whose substantial interests are or may be affected has the right to a formal <br /> administrative hearing pursuant to Sections 120 . 569 and 120.57 ( 1 ) , Florida Statutes , <br /> where there is a dispute between the District and the party regarding an issue of material <br /> fact. A petition for formal hearing must also comply with the requirements set forth in <br /> Rule 28= 106 . 201 , Florida Administrative Code , <br /> 4 . A person whose substantial interests are or may be affected has the right to an informal <br /> administrative hearing pursuant to Sections 120 . 569 and 120 . 57( 2 ), Florida Statutes , <br /> where no material facts are in dispute . A petition for an informal hearing must also <br /> comply with the requirements set forth in Rule 2 & 106 . 301 , Florida Administrative Code . <br />
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