Division of Administrative Hearings, Florida
Filed: Apr. 08, 2013
The issue to be determined by this Order is whether the Request for Administrative Hearing filed by Petitioner with the Department of Environmental Protection (“DEP”) on February 15, 2013, was timely1/ and, if not, whether the application of the doctrine of equitable tolling would serve to relieve Petitioner of the consequences of having failed to file a petition for hearing within the time allotted by applicable notice provisions.Petitioner's Request for Hearing was not timely filed, and the elements to support the application of the doctrine of equitable tolling were not proven.
