‘Smart’ Meter Refusers: Deadline Nears for Protesting FPL’s Planned Fee!


Rule 28-106.201 can be accessed using the following link:
https://www.flrules.org/gateway/ruleno.asp?id=28-106.201, and then by clicking on “View Rule” near the top right.


28-106.201 Initiation of Proceedings.

(1) Unless otherwise provided by statute, and except for agency
enforcement and disciplinary actions that shall be initiated under
Rule 28-106.2015, F.A.C., initiation of proceedings shall be made by
written petition to the agency responsible for rendering final agency
action. The term “petition” includes any document that requests an
evidentiary proceeding and asserts the existence of a disputed issue
of material fact. Each petition shall be legible and on 8 1/2 by 11
inch white paper. Unless printed, the impression shall be on one side
of the paper only and lines shall be double-spaced.

(2) All petitions filed under these rules shall contain:

(a) The name and address of each agency affected and each agency’s
file or identification number, if known;

(b) The name, address, any e-mail address, any facsimile number, and
telephone number of the petitioner, if the petitioner is not
represented by an attorney or a qualified representative; 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; and an explanation of how the petitioner’s
substantial interests will be affected by the agency determination;

(c) A statement of when and how the petitioner received notice of the
agency decision;

(d) A statement of all disputed issues of material fact. If there are
none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the
specific facts the petitioner contends warrant reversal or
modification of the agency’s proposed action;

(f) A statement of the specific rules or statutes the petitioner
contends require reversal or modification of the agency’s proposed
action, including an explanation of how the alleged facts relate to
the specific rules or statutes; and

(g) A statement of the relief sought by the petitioner, stating
precisely the action petitioner wishes the agency to take with respect
to the agency’s proposed action.

(3) Upon receipt of a petition involving disputed issues of material
fact, the agency shall grant or deny the petition, and if granted
shall, unless otherwise provided by law, refer the matter to the
Division of Administrative Hearings with a request that an
administrative law judge be assigned to conduct the hearing. The
request shall be accompanied by a copy of the petition and a copy of
the notice of agency action.

Rulemaking Authority 14.202, 120.54(3), (5) FS. Law Implemented
120.54(3) FS. History–New 4-1-97, Amended 9-17-98, 1-15-07, 2-5-13.

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