(23) In response to this notice and related rule materials, JAPC
sent the department a letter on July 20, 2016, commenting the "strike-though/underline version of proposed Rule 62-302.530 that appeared in the FAR notice made the changes to the rule 'incomprehensible.'" (24)
The Joint Administrative Procedures Committee (JAPC
) is a joint standing committee of the Florida Legislature.
If the changes to the proposed rule are only technical, the agency must provide notification of the changes in writing to JAPC
at least seven days prior to filing the rule for adoption.
The most recent ICPG changes addressed JAPC
nonrule policy concerns with the prescriptive tone of the guidance document as well as additional clarification regarding engineering control maintenance plans, and additional notice requirements to recorded interest holders and for hazardous waste cleanup sites.
prepared reports in 2006 and 2007 on unadopted rules.
A copy of the petition must now be filed with JAPC
and the agency is required to file with JAPC
a copy of the order granting or denying the petition.
may submit to the president of the Senate and the speaker of the House a recommendation that legislation be introduced to modify or suspend the adoption of a proposed rule, or amend or repeal a rule, if JAPC
votes an objection to a proposed or existing rule and the agency fails to initiate administrative action to modify, amend, withdraw, or repeal the rule consistent with the objection within 60 days, or thereafter fails to proceed in good faith to complete the action.
Any legal discretion that an agency may have to deny a petition directed at an unadopted rule ignores the political pressure to initiate rulemaking in light of the JAPC
and legislative review of the agency's decision not to do so.