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of <br />40 <br />4D <br />40 <br />NOTICE OF RIGHTS <br />Persons who are not parties to this Consent Order but whose substantial interests are <br />affected by this Consent Order have a right, pursuant to Sections 120.559 and 120.57, Florida <br />Statutes, to petition for an administrative hearing on it. The Petition must contain the <br />information set forth below and must be filed (received) at the department's Office of General <br />Counsel, 3900 Commonwealth Boulevard, MS -35, Tallahassee, Florida 32399-3000, within 21 <br />days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to <br />the District Office named above at the address indicated. Failure to file a petition within the 21 <br />days constitutes a waiver of any right such person has to an administrative hearing pursuant to <br />Sections 120.569 and 120.57, Florida Statutes. <br />The petition shall contain the following information: <br />(a) The name, address, and telephone number of each petitioner; the Department's Consent <br />Order identification number and the county in which the subject matter or activity is located; (b) <br />A statement of how and when each petitioner received notice of the Consent Order; (c) A <br />statement of how each petitioner's substantial interests are affected by the Consent Order; (d) <br />A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which <br />petitioner contends warrant reversal or modification of the Consent Order; (Q A statement of <br />which rules or statutes petitioner contends require reversal or modification of the Consent <br />Order; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner <br />wants the Department to take with respect to the Consent Order. <br />If a petition is filed, the administrative hearing process is designed to formulate agency <br />action. Accordingly, the Department's final action may be different from the position taken by it <br />in this Notice. Persons whose substantial interests will be affected by any decision of the <br />Department with regard to the subject Consent Order have the right to petition to become a <br />party to the proceeding. The petition must conform to the requirements specified above and be <br />filed (received) within 21 days of receipt of this notice in the Office of General. Counsel at the <br />above address of the Department. Failure to petition within the allowed time frame constitutes a <br />waiver of any right such person has to request a hearing under Sections 120.569 and 120.57, <br />Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention <br />will only be at the approval of the presiding officer upon motion filed pursuant to Rule 600- <br />2.010, Florida Administrative Code. <br />