City of Labelle v. Bio-Med Services, Inc.

LEHAN, Acting Chief Judge.

We affirm the dismissal by the Department of Environmental Regulation (DER) of the petition of the City of LaBelle for an administrative hearing to contest the application of Bio-Med Services, Inc. for a permit to construct a biological waste incinerator facility. The dismissal was based on the City’s failure timely to file its petition. Florida Administrative Code Rule 17-103.-155 provides that such a petition “must be filed” within fourteen days “after receipt or publication (whichever comes first) of notice of proposed agency action” and that failure timely to…