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OGC CASE NO.: 15-0468
WWALS WATERSHED COALITION, INC.,
SABAL TRAIL TRANSMISSION, LLC and
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
REQUEST FOR ASSIGNMENT OF ADMINISTRATIVE LAW JUDGE
AND NOTICE OF PRESERVATION OF RECORD
YOU ARE HEREBY NOTIFIED that the State of Florida Department of Environmental Protection (Department) has received the attached Petition for Hearing in the above-styled case. Under Section 120.569(2)(a), Florida Statutes, the Department requests that the Division of Administrative Hearings (DOAH).1 assign this matter to an administrative law judge (ALJ) to conduct all necessary proceedings required by law and to submit a recommended order to the Department. See § 120.57(1), Fla. Stat. (2012). The forwarding of this Petition is not a waiver of the Department’s right to object to any material defects in the Petition or to Petitioner’s standing to institute this proceeding. The Department has stricken a portion of the Amended Petition and has ruled that one party to the Amended Petition should be dropped. See Attachment V.
1 The DOAH docket, e-filing registration and instructions, and procedural rules are available at www.doah.state.fl.us.
YOU ARE FURTHER NOTIFIED that the Department is responsible for preserving the record of any evidentiary hearings in this case in accordance with Section 120.57(1)(g), Florida Statutes, and Rule 28-106.214(1), Florida Administrative Code. Such a record will be preserved by a court reporter, mechanical, or by video recording equipment. The Department will use a court reporter selected by the Department, unless you are otherwise advised before the final hearing, or unless arrangements for an alternative court reporter, including payment of the court reporter’s fees, are made by one of the parties. Any party arranging for the presence of a court reporter at the hearing should notify the administrative law judge and all parties prior to the hearing of the court reporter’s name, mailing address, and telephone number.
Whenever a court reporter is used, Rule 28-106.214(2), Florida Administrative Code, provides that the court reporter’s recordation becomes the official transcript. The Department may mechanically record a hearing for its own use even when a court reporter is present. If the Department records a proceeding that is also recorded by a court reporter, copies of the tapes can be made available to all parties upon request at cost of reproduction. However, parties should not assume in all instances that the Department will mechanically record a proceeding.
If a party decides to file exceptions to any finding of fact made by the ALJ in a recommended order, the party will need to submit an official transcript of the proceeding. A transcript may be prepared, at the expense of the requesting party, from a court reporter’s notes or, when no court reporter has been hired, from the tapes made by the Department.
Attachments: Attachment I: Agency Action/ Notice of Intent, July 10, 2015
Attachment II: Petition for Hearing, August 7, 2015
Attachment III: Order Dismissing Petition for Hearing with Leave to Amend,
Attachment IV: Amended Petition for Hearing, August 28, 2015
Attachment V: Order Dismissing Petition of WWALS FL with Prejudice and Striking Portions of WWALS’ Amended Petition for Hearing, September 2, 2015
CERTIFICATE OF SERVICE
I CERTIFY that a true copy of the foregoing was emailed only to Chris and Deanna Mericle, 7712 SW 32nd Lane, Jasper, Florida 32052, at email@example.com and firstname.lastname@example.org; John S. Quarterman, President, WWALS Watershed Coalition, Inc., P.O. Box 88, Hahira, Georgia 31632, at email@example.com; Richard S. Brightman, Timothy M. Riley, and H. French Brown, IV, Hopping Green and Sams, P.O. Box 6526, Tallahassee, Florida, 32314-6526, at firstname.lastname@example.org, email@example.com, firstname.lastname@example.org on this 3rd day of September, 2015.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
/s/ Jack Chisolm_______________________
Senior Assistant General Counsel
Florida Bar No.: 273473
3900 Commonwealth Boulevard
Mail Station 35
Tallahassee, Florida 32399-3000
Telephone: (850) 245-2275
Facsimile: (850) 245-2298