2008-287 - Laserfiche WebLink

Home Browse Search

(d) A statement of how each petitioner ' s substantial interests are affected by the Consent Order; (e) A statement of the material facts disputed by petitioner, if any; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Consent Order; (g) A statement of facts which petitioner contends warrant reversal or modification of the Consent Order, including an explanation of how the alleged facts relate to the specific rules or statutes ; and (h) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed, the administrative hearing process is designed to formulate agency action . Accordingly, the Department's final action may be different from the position taken by it in this Notice . Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120 . 569 and 120 . 57 , Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28- 106 . 205 , Florida Administrative Code. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120 . 569 and 120 . 57 , Florida Statutes , or may choose to pursue mediation as an alternative remedy under Section 120 . 573 , Florida Statutes, before the deadline for filing a petition . Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below . Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate . A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondent, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35 , Tallahassee , Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following : (a) The names, addresses , and telephone numbers of any persons who may attend the mediation; (b) The name , address , and telephone number of the mediator selected by the parties , or a provision for selecting a mediator within a specified time ; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation ; (e) The date, time , and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each party ' s representative who shall have authority to settle or recommend settlement; and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a 14 of 17 OGC File No . 08- 1661