(1) If the department declares the application to be incomplete, the applicant, within 15 days after the filing of the statement by the department, shall file with the Division of Administrative Hearings and with the department a statement:
(a) Agreeing with the statement of the department and withdrawing the application;
(b) Agreeing with the statement of the department and agreeing to amend the application without withdrawing it. The time schedules referencing a complete application under ss. 403.9401-403.9425 shall not commence until the application is determined complete; or
(c) Contesting the statement of the department.
(2) If the applicant contests the determination by the department that an application is incomplete, the administrative law judge shall schedule a hearing on the statement of completeness. The hearing shall be held as expeditiously as possible, but not later than 30 days after the filing of the statement by the department. The administrative law judge shall render a decision within 10 days after the hearing.
(a) If the administrative law judge determines that the application was not complete as filed, the applicant shall withdraw the application or make such additional submittals as necessary to complete it. The time schedules referencing a complete application under ss. 403.9401-403.9425 shall not commence until the application is determined complete.
(b) If the administrative law judge determines that the application was complete at the time it was filed, the time schedules referencing a complete application under ss. 403.9401-403.9425 shall commence upon such determination.
History.—s. 1, ch. 92-284; s. 173, ch. 96-410.
Structure Florida Statutes
Chapter 403 - Environmental Control
Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425)
403.9402 - Legislative intent.
403.9404 - Department of Environmental Protection; powers and duties.
403.9405 - Applicability; certification; exemption; notice of intent.
403.94055 - Application contents; corridor requirements.
403.9406 - Appointment of an administrative law judge.
403.9407 - Distribution of application; schedules.
403.9408 - Determination of completeness.
403.9409 - Determination of sufficiency.
403.941 - Preliminary statements of issues, reports, and studies.
403.9411 - Notice; proceedings; parties and participants.
403.9412 - Alternate corridors.
403.9413 - Amendment to the application.
403.9414 - Alteration of time limits.
403.9415 - Final disposition of application.
403.9416 - Effect of certification.
403.9417 - Recording of notice of certified corridor route.
403.9418 - Modification of certification.
403.9419 - Enforcement of compliance.
403.942 - Superseded laws, regulations, and certification power.
403.9422 - Determination of need for natural gas transmission pipeline; powers and duties.
403.9423 - Certification admissible in eminent domain proceedings; attorney’s fees and costs.
403.9424 - Local governments; informational public meetings.