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Indian River County Department of Utility Services <br /> OGC File No. 08 -1661A <br /> Page 2 of 4 <br /> 3 . Respondent acknowledged but waives its right to an administrative hearing <br /> afforded by Sections 120 . 569 and 120 . 57, Florida Statutes, on the terms of this Amendment. <br /> Respondent acknowledges its right to appeal the terms of this Amendment pursuant to <br /> Section 120 . 68 , Florida Statutes, but waives that right upon signing this Amendment . <br /> 4 . Persons who are not parties to this Order, but whose substantial interests are <br /> affectedby it, have a right to petition for an administrative hearing under sections 120 . 569 <br /> and 120 . 57, Florida Statutes . Because the administrative hearing process is designed to <br /> formulate final agency action, the filing of a petition concerning this Consent Order means <br /> that the Department' s final action may be different from the position it has taken in the <br /> Order . <br /> The petition for administrative hearing must contain all of the following information : <br /> a) The OGC Number assigned to this Order; <br /> b) The name, address, and telephone number of each petitioner; the name, address, <br /> and telephone number of the petitioner' s representative, if any, which shall be the <br /> address for service purposes during the course of the proceeding; <br /> c) An explanation of how the petitioner' s substantial interests will be affected by the <br /> Order; <br /> d) A statement of when and how the petitioner received notice of the Order; <br /> e) Either a statement of all material facts disputed by the petitioner or a statement <br /> that the petitioner does not dispute any material facts; <br /> f) A statement of the specific facts the petitioner contends warrant reversal or <br /> modification of the Order; <br /> g) A statement of the rules or statutes the petitioner contends require reversal or <br /> modification of the Order; and <br /> h) A statement of the relief sought by the petitioner, stating precisely the action <br /> petitioner wishes the Department to take with respect to the Consent Order . <br /> The petition must be filed (received ) at the Department ' s Office of General Counsel, 3900 <br /> Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of <br /> receipt of this notice . A copy of the petition must also be mailed at the time of filing to the <br /> District Office at 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803 -3767 . Failure <br /> to file a petition within the 21 - day period constitutes a person' s waiver of the right to <br /> request an administrative hearing and to participate as a party to this proceeding under <br /> sections 120 . 569 and 120 . 57, Florida Statutes . Before the deadline for filing a petition, a <br /> person whose substantial interests are affected by this Order may choose to pursue <br /> mediation as an alternative remedy under section 120 . 573, Florida Statutes . Choosing <br /> mediation will not adversely affect such person' s right to request an administrative <br /> hearing if mediation does not result in a settlement . Additional information about <br /> mediation is provided in section 120 . 573, Florida Statutes and Rule 62- 110 . 106 ( 12) , Florida <br /> Administrative Code . <br /> 5 . Except as expressly amended by this Amendment, the Order remains in full force <br /> and effect. The terms and conditions of the Order. , as amended by this Amendment, may <br />