After records request, DNR pulls NR115 from agenda
From the Lakeland Times
..."That would certainly be in the public interest," Walker said. "This is one of the most flagrant violations of both the spirit and the letter of the open records law I have ever seen. Here we have one of the most controversial rules imaginable, with huge impacts for property owners across the state, and the DNR is not going to give the public adequate time to review it before the NRB considers it? It doesn't appear they are giving the NRB adequate time, either, since they don't have the rule yet."
Walker rejected the idea that the document was a draft.
"Ms. Thomas has confirmed that it was on a public meeting agenda, and that makes it a public document," he said. "Not only that, but Mr. Breese - the leader of this project - confirmed that the document was completed and that he has signed off on it. As such, it is no longer a draft but a formal proposal headed to the board, even if it isn't now this month."
...Because the agency has held public hearings on a draft version and is allowed to modify that draft based on public comments, it does not have to hold new hearings on the current language, and there is no guarantee the rule being forwarded to the NRB now is the same as the one the public saw in 2007.
If the Natural Resources Board approves the rule, it will take effect with the force of law unless the Legislature objects. A standing legislative rules committee can block a rule temporarily. However, for the Legislature to block the rule permanently, a bill to that effect must pass both chambers, and the governor would have to sign it into law.
..."That would certainly be in the public interest," Walker said. "This is one of the most flagrant violations of both the spirit and the letter of the open records law I have ever seen. Here we have one of the most controversial rules imaginable, with huge impacts for property owners across the state, and the DNR is not going to give the public adequate time to review it before the NRB considers it? It doesn't appear they are giving the NRB adequate time, either, since they don't have the rule yet."
Walker rejected the idea that the document was a draft.
"Ms. Thomas has confirmed that it was on a public meeting agenda, and that makes it a public document," he said. "Not only that, but Mr. Breese - the leader of this project - confirmed that the document was completed and that he has signed off on it. As such, it is no longer a draft but a formal proposal headed to the board, even if it isn't now this month."
...Because the agency has held public hearings on a draft version and is allowed to modify that draft based on public comments, it does not have to hold new hearings on the current language, and there is no guarantee the rule being forwarded to the NRB now is the same as the one the public saw in 2007.
If the Natural Resources Board approves the rule, it will take effect with the force of law unless the Legislature objects. A standing legislative rules committee can block a rule temporarily. However, for the Legislature to block the rule permanently, a bill to that effect must pass both chambers, and the governor would have to sign it into law.
Labels: NR115
posted by Slide @ 9:04 AM
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