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The Florida Statutes

The 2001 Florida Statutes

Regulation Of Trade, Commerce, Investments, And Solicitations
Chapter 497
Funeral And Cemetery Services
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Section 497.115, Florida Statutes 2001

497.115  Board rules; final agency action; challenges.--

(1)  The Comptroller shall have standing to challenge any rule or proposed rule of the board pursuant to s. 120.56. In addition to challenges for any invalid exercise of delegated legislative authority, the administrative law judge, upon such a challenge by the Comptroller, may declare all or part of a rule or proposed rule invalid if it:

(a)  Does not protect the public from any significant and discernible harm or damages;

(b)  Unreasonably restricts competition or the availability of professional services in the state or in a significant part of the state; or

(c)  Unnecessarily increases the cost of professional services without a corresponding or equivalent public benefit.

However, there shall not be created a presumption of the existence of any of the conditions cited in this subsection in the event that the rule or proposed rule is challenged.

(2)  In addition, either the Comptroller or the board shall be a substantially interested party for purposes of s. 120.54(7). The board may, as an adversely affected party, initiate and maintain an action pursuant to s. 120.68 challenging the final agency action.

History.--s. 48, ch. 93-399; s. 232, ch. 96-410.

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