The department shall not adopt any rule or approve any cemetery bylaw which unreasonably restricts competition or the availability of services in the state or in a significant part of the state or which unnecessarily increases the cost of services without a corresponding or equivalent public benefit. Any person substantially affected by a rule of the department has standing to challenge the rule under s. 120.56. Upon such a challenge, the administrative law judge may declare all or part of a rule invalid if the rule:

1. (1) Does not protect the public from any significant and discernible harm or damages;
2. (2) Unreasonably restricts competition or the availability of services in the state or in a significant part of the state; or
3. (3) Unnecessarily increases the cost of 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 section in the event that the rule or proposed rule is challenged.

History.--ss. 9, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 89, 122, ch. 93-399; s. 236, ch. 96-410.

Note.--Former s. 559.3703; s. 497.012.