Attachment D - Driveway-Notice of Intent

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FORM 850-040 -24 SYSTEMS PLANNING 09/02 Page 4 of 4 PART 7: APPEAL PROCEDURES You may request an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. If you disagree with the facts stated in the foregoing Notice of Intended Department Action (hereinafter Notice), you may request a formal administrative hearing pursuant to Section 120.57(1), Florida Statutes. If you agree with the facts stated in the Notice, you may request an informal administrative hearing pursuant to Section 120.57(2), Florida Statutes. You must send the written request to: Clerk of Agency Proceedings Department of Transportation Haydon Bums Building 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399 -0458 The written request for an administrative hearing must conform to the requirements of either Rule 28- 106.201(2) or Rule 28- 106.301(2), Florida Administrative Code, and must be received by the Clerk of Agency Proceedings by 5 :00 P.M., no later than 21 days after you received the Notice. The written request for an administrative hearing should include a copy of the Notice, and must be legible, on 8 % by 11 inch white paper, and contain: 1. Your name, address, telephone number, and Department identifying number on the Notice, if known, and name, address and telephone number of your representative, if any; 2. An explanation of how you are affected by the action described in the Notice. 3. A statement of how and when you received the Notice. 4. A statement of all disputed issues of material fact. If there are none, you must so indicate. A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle you to relief; and 6. A demand for relief. A formal hearing will be held if there are disputed issued of material fact. If a formal hearing is held, this matter will be referred to the Division of Administrative Hearings, where you may present witnesses and evidence and cross examine other witnesses before an administrative law judge. If there are no disputed issues of material fact, an informal hearing will be held, in which case you will have the right to provide the Department with any written documentation or legal arguments which you wish the Department to consider. Mediation, pursuant to Section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties. The right to an administrative hearing is not affected when mediation does not result in a settlement. If a written request for an administrative hearing is not timely received you will have waived your right to have the intended action reviewed pursuant to Chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and final. F rl d - .,