How long must an agency wait after it publishes a notice of rule development before it can publish the notice of proposed rulemaking?
Chapter 120 does not provide any time limitations other than that the notice of rule development is to be published before the notice of proposed rulemaking. Arguably, a notice of proposed rulemaking can be published as early as in the following week’s Florida Administrative Weekly. However, paragraph 120.54(2)(c), F.S., directs that the notice of rule development be published not less than 14 days prior to the date of any workshop. By publishing a notice of proposed rulemaking immediately following the date of publication of the notice of rule development, the agency may be creating confusion if there are requests for rule development workshops and requests for a 21 day hearing associated with the notice of proposed rulemaking. A more prudent practice would be to wait at least three weeks prior to publishing the notice of proposed rulemaking.
Related Questions
- How long must an agency wait after it publishes a notice of rule development before it can publish the notice of proposed rulemaking?
- How long will I have to wait before I receive the Measure 49 Notice from the Department of Land Conservation and Development?
- Once an agency has received all comments to a proposed rule, what is the next step in the rulemaking process?
