1(1)(a) 2No later than 145 days after the application is filed, the administrative law judge shall conduct a certification hearing pursuant to ss. 24120.569 25and 26120.57 27at a central location in proximity to the proposed transmission line or corridor. 40(b) 41Notice of the certification hearing and other public hearings provided for in this section and notice of the deadline for filing of notice of intent to be a party shall be made in accordance with the requirements of s. 80403.536381. 82(2)(a) 83Parties to the proceeding shall be:891. 90The applicant.
922. 93The department.
953. 96The commission.
984. 99The Department of Economic Opportunity.
1045. 105The Fish and Wildlife Conservation Commission.
1116. 112The Department of Transportation.
1167. 117Each water management district in the jurisdiction of which the proposed transmission line or corridor is to be located.
1368. 137The local government.
140(b) 141Any party listed in paragraph (a), other than the department or the applicant, may waive its right to participate in these proceedings. If any listed party fails to file a notice of its intent to be a party on or before the 30th day before the certification hearing, the party is deemed to have waived its right to be a party unless its participation would not prejudice the rights of any party to the proceeding.
216(c) 217Notwithstanding the provisions of chapter 120 to the contrary, upon the filing with the administrative law judge of a notice of intent to be a party by an agency, corporation, or association described in subparagraphs 1. and 2. or a petition for intervention by a person described in subparagraph 3. no later than 30 days before the date set for the certification hearing, the following shall also be parties to the proceeding:2891. 290Any agency not listed in paragraph (a) as to matters within its jurisdiction.
3032. 304Any domestic nonprofit corporation or association formed, in whole or in part, to promote conservation of natural beauty; to protect the environment, personal health, or other biological values; to preserve historical sites; to promote consumer interests; to represent labor, commercial, or industrial groups; or to promote comprehensive planning or orderly development of the area in which the proposed transmission line or corridor is to be located.
3703. 371Any person whose substantial interests are affected and being determined by the proceeding.
384(d) 385Any agency whose properties or works may be affected shall be made a party upon the request of the agency or any party to this proceeding.
411(3)(a) 412The order of presentation at the certification hearing, unless otherwise changed by the administrative law judge to ensure the orderly presentation of witnesses and evidence, shall be:4391. 440The applicant.
4422. 443The department.
4453. 446State agencies.
4484. 449Regional agencies, including water management districts.
4555. 456Local governments.
4586. 459Other parties.
461(b) 462When appropriate, any person may be given an opportunity to present oral or written communications to the administrative law judge. If the administrative law judge proposes to consider such communications, all parties shall be given an opportunity to cross-examine, challenge, or rebut the communications.
506(4)(a) 507One public hearing where members of the public who are not parties to the certification hearing may testify shall be held in conjunction with the certification hearing.
534(b) 535Upon the request of the local government, one public hearing where members of the public who are not parties to the certification hearing and who reside within the jurisdiction of the local government may testify shall be held within the boundaries of each county in which a local government that made such a request is located.
591(c) 592A local government shall notify the administrative law judge and all parties not later than 50 days after the filing of the application as to whether the local government wishes to have a public hearing within the boundaries of its county. The local government is responsible for providing the location of the public hearing if held separately from the certification hearing.
653(d) 654Within 5 days after notification, the administrative law judge shall determine the date of the public hearing, which shall be held before or during the certification hearing. If two or more local governments within one county request a public hearing, the hearing shall be consolidated so that only one public hearing is held in any county. The location of a consolidated hearing shall be determined by the administrative law judge.
724(e) 725If a local government does not request a public hearing within 50 days after the filing of the application, members of the public who are not parties to the certification hearing and who reside within the jurisdiction of the local government may testify during the hearing held under paragraph (b).
775(5) 776At the conclusion of the certification hearing, the administrative law judge shall, after consideration of all evidence of record, issue a recommended order disposing of the application no later than 45 days after the transcript of the certification hearing and the public hearings is filed with the Division of Administrative Hearings.
827(6)(a) 828No later than 29 days before the certification hearing, the department or the applicant may request that the administrative law judge cancel the certification hearing and relinquish jurisdiction to the department if all parties to the proceeding stipulate that there are no disputed issues of material fact or law.
877(b) 878The administrative law judge shall issue an order granting or denying the request within 5 days.
894(c) 895If the administrative law judge grants the request, the department and the applicant shall publish notices of the cancellation of the certification hearing in accordance with s. 922403.5363923. 924(d)1. 925If the administrative law judge grants the request, the department shall prepare and issue a final order in accordance with s. 946403.529(1)(a)947. 9482. 949Parties may submit proposed final orders to the department no later than 10 days after the administrative law judge issues an order relinquishing jurisdiction.
973(7) 974The applicant shall pay those expenses and costs associated with the conduct of the hearing and the recording and transcription of the proceedings.
