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Microsoft Office Outlook Durden, Brian From: Fitzsimmons, Michael Sent: Wednesday, January 02, 2013 9:11 AM To: Strong, Greg; Raulerson, Emerson; Durden, Brian Subject: FW: Extension Clarification Attachments: Filed Extention.pdf FYI From: Tashner, Janet Sent: Tuesday, January 01, 2013 12:22 PM To: 'Steve Johnson'; '[email protected]'; '[email protected]' Subject: Extension Clarification Mr. Johnson, Mr. Burr, and Mr. Dix, As stated below, the Department will grant the original email request for an extension for filing an Amended Request for Hearing until January 4, 2013. The original request was received in the Office of General Counsel (“OGC”) at 1:42 PM on December 31, 2012 and was granted at 4:51 PM, December 31, 2012. The subsequent request was not received by OGC until 5:43 PM, December 31, 2012 (see attached). Paragraph B of the Order Dismissing Request for Hearing with Leave to Amend states that the request “must be filed (received) in the Office of General Counsel” and lists the physical address for mailing. Although the extension was sought solely by Mr. Johnson and no communication has been received from Mr. Burr regarding the Amended Request for Hearing, as a courtesy, the Department will also grant Mr. Burr until January 4, 2013, to file his Amended Request for Hearing. Regarding the request for additional time to respond to the Amended Notice of Violation (“Amended NOV”) presumably filed on behalf of Mr. Dix, to date, the Department has not received any communication from Mr. Dix regarding the Amended NOV nor has Mr. Dix asked for clarification or additional time. Mr. Dix was properly served with the Amended NOV on November 26, 2012. His response was due no later than December 21, 2012. The request for additional time filed on Mr. Dix’s behalf will not be entertained at this time as the Request for Hearing in response to the Amended Notice of Violation is already significantly overdue and the request for additional time did not come from Mr. Dix or his representative. Mr. Dix is free to submit a late Request for Hearing with an explanation regarding why the Request for Hearing is late. The Department will subsequently determine whether the Request for Hearing is sufficient and reasonably untimely. If Mr. Dix’s Request for Hearing is received after the Final Order is issued, Mr. Dix has the right to appeal the Final Order. In the future, please ensure that all requests and pleadings include the case heading and date, are filed with the Office of General Counsel at the address below and clearly state the party or parties filing the document with the appropriate signatures and contact information. Mr. Burr and Mr. Dix, if you intend for Mr. Johnson to file documents on your behalf, please provide the Department with a copy of an executed power of attorney granting Mr. Johnson appropriate authority to do so. If you subsequently intend for Mr. Johnson to represent you at hearing, you will need to file the proper requests with the hearing officer or administrative law judge in accordance with Rule 28‐106.106, Florida Administrative Code. 1 Sincerely, Janet Tashner Janet Tashner Senior Assistant General Counsel Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS 35 Tallahassee, FL 32399‐3000 850.245.2289 office 850.245.2301 fax [email protected] Florida’s Water - Ours to Protect: Check out the latest information on Florida Water Issues at http://www.protectingourwater.org/ presented by the Florida Department of Environmental Protection. 3 Please consider the environment before printing this email. From: Tashner, Janet Sent: Monday, December 31, 2012 4:51 PM To: 'Steve Johnson'; '[email protected]' Subject: RE: Order Dismissing Request For Hearing With Leave To Amend And Amened NOV Mr. Johnson and Mr. Burr, The Department will grant an extension for filing the Amended Request. The Request must be received by the Office of General Counsel, as described in the Order Dismissing Request for Hearing with Leave to Amend, no later than January 4th. Any request received after that time will be dismissed as untimely. Sincerely, Janet Tashner Janet Tashner Senior Assistant General Counsel Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS 35 Tallahassee, FL 32399‐3000 850.245.2289 office 850.245.2301 fax [email protected] 2 Florida’s Water - Ours to Protect: Check out the latest information on Florida Water Issues at http://www.protectingourwater.org/ presented by the Florida Department of Environmental Protection. 3 Please consider the environment before printing this email. From: Steve Johnson [mailto:[email protected]] Sent: Monday, December 31, 2012 1:42 PM To: Tashner, Janet Cc: Florida Bar; Aaron Bean; Audrey Gibson Fla.Senate Distric 1; Barack Obama; Charles Dean Sr.; Charles E Van Zant; Charles McBurney Distric 16; Daniel Davis Distric13; Janet H. Adkins Distric 12; John Thrasher Distric 8; Lake Ray Distric 17; Mia Jones Distric 14; Reggie Fullwood Distric 15; Rick Scott; Ronald Dco Renuart Distric 18; Travis Cummings; Art Graham; Eduardo E Balbis; Julie Imanuel Brown; Lisa Polak Edgar; Ronald A Brise; Edward Cole; Greg Anderson; John Crescimbeni; Kimberly Daniels; Laquidara Cindy; marianne marshal; Michael Tiffany; Ribin Lumb; Roger W Ward; Ron moody; Skinner Dan; stephen joost; William Bishiop; Dianne S Griffin; FBI; Jeremy D. Petrovay; Lad Daniels SJRWMD; Angelique Giraud; Dr.Michael A Crawford Ph.D CBiol Flbiol FRCPath.; Vinyard, Herschel; Chisolm, Jack; Tashner, Janet; Littlejohn, Jeff; Joy Towles Ezell; Kristen Lombardi; Morgan, Larry; Lisa Evans; Lisa Widawsky Hallowell; Fitzsimmons, Michael; Beason, Thomas M.; charlene; Chris Chambless; clay co commisioners; Craig Aldrich; Debbie Brown; Fran J.; gary knight; Gary Winterstine; Jordan girlscouts richmond; lenny Curry; Lori Mizell; Lorin Mock; Major General Emmett R Titshaw.Jr; Martha Jean Mchaney; Miguel Melinda; Nancy Mills; Pam Bondi; pat Gleason; Richard Knof; rick beseler; Rudy Polache; Stephanie Kopelousos; charles hodges; David brown; Don Johnson; eric blane stewart; james evans; john cordell; jr; [email protected]; [email protected]; [email protected]; Michael Sznapstajler; mike smith; mollie johnson; Ralf Brookes; richard Reed; rick dix; [email protected]; [email protected]; shelly lancaster Subject: RE: Order Dismissing Request For Hearing With Leave To Amend And Amened NOV Janet Can you grant us until this Friday through email without running all around filling request? --- On Mon, 12/31/12, Tashner, Janet <[email protected]> wrote: From: Tashner, Janet <[email protected]> Subject: RE: Order Dismissing Request For Hearing With Leave To Amend And Amened NOV To: "'Steve Johnson'" <[email protected]> Date: Monday, December 31, 2012, 11:43 AM Mr. Johnson, Making Mr. Dix a property owner did not automatically also make Mr. Dix a party to the Notice of Violation (“NOV”). Mr. Dix became a party to the NOV when the Department issued the Amended NOV. No Amended Order Dismissing the Petition with Leave to Amend including Mr. Dix was issued nor will one be forthcoming. Mr. Dix had 20 days from the date he received the Amended NOV to file a Request for Hearing. You and Mr. Burr have 15 3 days from the date the Order Dismissing Request for Hearing with Leave to Amend (“Order”), plus five days because it was mailed. Therefore the Amended Request (“Request”) from you and Mr. Burr is due today. If you disagree with the Department’s Order, you may, as is stated in the Order, file an appeal. If you are requesting additional time to file the Amended Request, please do so in writing including the amount of time required and reason for the extension. Sincerely, Janet Tashner Janet Tashner Senior Assistant General Counsel Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS 35 Tallahassee, FL 32399‐3000 850.245.2289 office 850.245.2301 fax [email protected] Florida’s Water - Ours to Protect: Check out the latest information on Florida Water Issues at http://www.protectingourwater.org/ presented by the Florida Department of Environmental Protection. 4 3 Please consider the environment before printing this email. From: Steve Johnson [mailto:[email protected]] Sent: Friday, December 28, 2012 7:54 PM To: Tashner, Janet; Angelique Giraud; Dr.Michael A Crawford Ph.D CBiol Flbiol FRCPath.; Vinyard, Herschel; Chisolm, Jack; Tashner, Janet; Littlejohn, Jeff; Joy Towles Ezell; Kristen Lombardi; Lad Daniels SJRWMD; Lisa Evans; Lisa Widawsky Hallowell; Fitzsimmons, Michael Cc: Edward Cole; Greg Anderson; John Crescimbeni; Kimberly Daniels; Laquidara Cindy; marianne marshal; Michael Tiffany; Ribin Lumb; Roger W Ward; Ron moody; Skinner Dan; stephen joost; William Bishiop; Dixey Teel; Donna Mcmahon; Elizabeth Tarbert; jodi Jennings; Linda Cavert Hanson; Maria Johnson; charles hodges; Don Johnson; eric blane stewart; james evans; john cordell; jr; [email protected]; [email protected]; [email protected]; Michael Sznapstajler; mike smith; mollie johnson; Ralf Brookes; richard Reed; rick dix; [email protected]; [email protected]; shelly lancaster; Art Graham; Eduardo E Balbis; Julie Imanuel Brown; Lisa Polak Edgar; Ronald A Brise; Aaron Bean; Audrey Gibson Fla.Senate Distric 1; Barack Obama; Charles Dean Sr.; Charles E Van Zant; Charles McBurney Distric 16; Daniel Davis Distric13; Janet H. Adkins Distric 12; John Thrasher Distric 8; Lake Ray Distric 17; Mia Jones Distric 14; Reggie Fullwood Distric 15; Rick Scott; Ronald Dco Renuart Distric 18; Travis Cummings; Dianne S Griffin; FBI; Jeremy D. Petrovay; Lad Daniels SJRWMD; charlene; Chris Chambless; clay co commisioners; Craig Aldrich; Debbie Brown; Fran J.; gary knight; Gary Winterstine; Jordan girlscouts richmond; lenny Curry; Lori Mizell; Lorin Mock; Major General Emmett R Titshaw.Jr; Martha Jean Mchaney; Miguel Melinda; Nancy Mills; Pam Bondi; pat Gleason; Richard Knof; rick beseler; Rudy Polache; Stephanie Kopelousos Subject: Order Dismissing Request For Hearing With Leave To Amend And Amened NOV Dear Janet Tashner Steven Johnson and Jasper Bur received OGC FILE NO:10-2147.
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