Section 40A-3.342 - Permit Denial(1) The District shall issue a notice of Intent to Deny whenever it determines that an application for a permit under Rule 40A-3.041, F.A.C., fails to meet the requirements of Chapter 373, F.S., or Chapter 40A-3, F.A.C., or any rule, order, or standard adopted pursuant thereto.(2) The Notice of Intent to Deny shall: (a) State the grounds for denial;(b) Give the date of the Governing Board meeting at which the recommendation for denial shall be presented according to the procedures set forth in subsection 40A-3.342(3), F.A.C.; and(c) Be served in writing upon the contractor and owner at their last known addresses by registered or certified mail.(3) The Governing Board shall be presented with a recommendation for denial of a permit application at the first regularly scheduled Board meeting following the determination that an application for a permit under Rule 40A-3.041, F.A.C., fails to meet the requirements of Chapter 373, F.S., or Chapter 40A-3, F.A.C., or any rule, order, or standard adopted pursuant thereto. At that time pertinent facts concerning the basis for denial shall be presented, and the contractor and owner will have an opportunity to present pertinent information. The Governing Board shall then decide to: (a) Grant a permit to construct, repair, or abandon a water well as specified in the application;(b) Grant a permit as in paragraph (a), above, except that certain conditions or restrictions authorized by law are imposed; or,(c) Deny a permit, stating the reason for such denial.(4) The District shall notify the contractor and owner of final Board action described in subsection 40A-3.342(3), F.A.C., within fourteen (14) days after the action. The Notice of Denial shall: (a) State the grounds for denial; and(b) Be served in writing upon the contractor and owner at their last known addresses by registered or certified mail.(5) Any person receiving a denial may request a hearing by filing a written petition with the District within 21 days of the mailing of the notice.Fla. Admin. Code Ann. R. 40A-3.342
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.306, 373.313 FS.
New 4-14-80, Amended 2-1-82, 1-9-86, Formerly 16G-3.17, 16G-3.31, Amended 4-5-88, 11-1-92, 7-1-98.New 4-14-80, Amended 2-1-82, 1-9-86, Formerly 16G-3.17, 16G-3.31, Amended 4-5-88, 11-1-92, 7-1-98.