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Indian River County Department of Utility Services OGC File No. 08= 1661B Page 2 of 4 3 . Respondent acknowledged but waives its right to an administrative hearing afforded by Sections 120 . 569 and 120 . 57, Florida Statutes, on the terms of this Amendment. Respondent acknowledges its right to appeal the terms of this Amendment pursuant to Section 120 . 68, Florida Statutes, but waives that right upon signing this Amendment . 4 . Persons who are not parties to this Order, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under sections 120 . 569 and 120 . 57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Consent Order means that the Department' s final action may be different from the position it has taken in the Order. The petition for administrative hearing must contain all of the following information . a) The OGC Number assigned to this Order; b) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner' s representative, if any, which shall be the address for service purposes during the course of the proceeding; c) An explanation of how the petitioner' s substantial interests will be affected by the Order; d) A statement of when and how the petitioner received notice of the Order, e) Either a statement of all material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts ; fj A statement of the specific facts the petitioner contends warrant reversal or modification of the Order; g) A statement of the rules or statutes the petitioner contends require reversal or modification of the Order; and h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Consent Order. The petition must be filed received at the Department's Office of General _ Counsel, 3900 Commonwealth Boulevard, MS# 35 , Tallahassee, Florida 32399-3000 within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the District Office at 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803 -3767 . Failure to file a petition within the 21 -day period constitutes a person ' s waiver of the right to request an administrative hearing and to participate as a party to this proceeding under sections 120 . 569 and 120 . 57, Florida Statutes. Before the deadline for filing a petition, a person whose substantial interests are affected by this Order may choose to pursue mediation as an alternative remedy under section 120. 573 , Florida Statutes . Choosing mediation will not adversely affect such person ' s right to request an administrative hearing if mediation does not result in a settlement. Additional information about mediation is provided in section 120 .573 , Florida Statutes and Rule 62- 110 . 106( 12), Florida Administrative Code . 5 . Except as expressly amended by this Amendment, the Order remains in full force and effect. The terms and conditions of the Order, as amended by this Amendment, may be enforced in a court of competent jurisdiction pursuant to Sections 120 . 69 and 403 . 121 , Florida Statutes. Failure to comply with the Order, as amended by this Amendment, shall constitute a violation of Section 403 . 161 ( 1 )(b), Florida Statutes. a