403.962  Certification hearing; cancellation; parties.--

(1)  The assigned administrative law judge shall conduct a certification hearing in the county of the proposed site no later than 150 days after the application for project certification is deemed to be sufficient or an applicant has requested that its application be processed on the basis of information already submitted. All proceedings are governed by chapter 120 except as modified by this act. The hearing shall only be conducted in the event that a hearing is requested by the applicant, an affected agency, a person having a substantial interest which is affected by the proposed certification, a qualified organization, or an affected person who files a petition pursuant to s. 403.9615(4). In determining whether a hearing shall be conducted, the following procedures shall apply:

(a)  At any time following the assignment of the administrative law judge, but no later than 10 days after the date on which the agency receives the compiled report, any affected agency listed below which opposes certification of the proposed project may request a hearing by filing with the administrative law judge and serving on all parties a request for hearing. The request for hearing shall separately state with reasonable particularity the factual and legal bases for the agency's opposition to the certification or dispute with any recommendations or proposed conditions of certification contained in the compiled report.

(b)  The following agencies shall be entitled to request the conduct of a certification hearing under this section:

1.  The Department of Environmental Protection.

2.  The Game and Fresh Water Fish Commission.

3.  The Department of Community Affairs.

4.  The Department of Transportation.

5.  Any water management district having jurisdiction over a site or installation associated with the proposed project.

6.  Any local government having jurisdiction over a site or installation associated with the proposed project.

(c)  No later than 20 days after the date on which the applicant receives the compiled report of the ¹Department of Commerce, if the applicant believes itself aggrieved by the report or any proposed conditions of certification, it may request the conduct of a hearing by filing with the administrative law judge and serving on all parties a request for hearing. The request for hearing shall separately state with reasonable particularity the factual and legal bases for the applicant's dispute with any recommendation or proposed condition of certification contained in the compiled report. Failure of an applicant to request a hearing within the allotted time shall constitute a waiver of the applicant's right to request a hearing concerning the proposed certification decision or any term or condition of certification contained in the compiled report of the department.

(d)  No later than 20 days after notice of the issuance of the compiled report is published in accordance with s. 403.961(8), any person having a substantial interest which would be affected by the proposed certification decision, or any qualified organizations, may request the conduct of a hearing by filing with the administrative law judge and serving on all parties a request for hearing. The request for hearing shall separately state with reasonable particularity the factual and legal bases for the person's or qualified organization's challenge to any recommendation or proposed condition of certification contained in the compiled report. In order for a petition for a hearing to be granted under this paragraph, the factual and legal bases for the challenge must be cognizable within the context of the applicable agency nonprocedural standards, including applicable comprehensive plans and land use regulations of the affected local governments. Failure of any person to request a hearing within the allotted time shall constitute a waiver of the person's or qualified organization's right to request a hearing concerning the proposed certification decision or any term or condition of certification contained in the compiled report of the department.

(e)  If a hearing is timely requested in accordance with the procedures of this section, the assigned administrative law judge shall issue a notice of hearing for the hearing no later than 40 days prior to the scheduled date for the hearing. The applicant, and all the agencies identified in subparagraphs (b)1.-6. shall be mandatory parties to the certification hearing. The following may become parties to the proceeding by filing with the administrative law judge and serving on all parties a notice of intent to become a party at least 20 days prior to the date of the certification hearing:

1.  Any agency not listed in paragraph (b).

2.  Any qualified organizations.

(f)  If a hearing is timely requested under this section, the administrative law judge shall make provision for the receipt of oral and written testimony from members of the public at a public hearing held in conjunction with the certification hearing. Such testimony shall be subject to cross-examination. A record of the public hearing shall be part of the record in the certification hearing.

(2)  For the purposes of this part, qualified organizations shall include only nonprofit corporations or associations, classified under s. 501(c)(3) or s. 501(c)(4) of the Internal Revenue Code, that were formed prior to the publication of the notice required by s. 403.957(3), with organizational purposes that promote conservation of natural resources or protection of the environment, public health, and biological values; or to promote consumer interests, economic development, comprehensive planning, or orderly development of the area in which the proposed project is to be located.

(3)  If a certification hearing is conducted, the administrative law judge shall, after consideration of all evidence received during the certification hearing, submit to the siting board a recommended order no later than 30 days after the filing of the transcript of the certification hearings with the Division of Administrative Hearings. Failure to submit a recommended order within this time shall be reported to the siting board. The recommended order shall be presented for final disposition of the application by the siting board at its next regularly scheduled agenda.

(4)  If no hearing is timely requested under the procedures set forth in subsection (1), the administrative law judge shall enter an order relinquishing jurisdiction of the application to the department for preparation of a final order approving certification.

History.--s. 1, ch. 93-205; s. 443, ch. 94-356; s. 186, ch. 96-410.