Fla. Admin. Code Ann. R. 61J1-8.003 - Notice of Noncompliance
(1) Pursuant to
Sections 455.225(3) and
120.695, F.S., the board sets
forth below those rules which are considered minor violations for which the
DBPR shall provide a registrant, licensee or certificate holder with a notice
of noncompliance. A violation of a rule is considered a minor violation if it
does not result in economic or physical harm to a person or adversely affect
the public health, safety, or welfare or create a significant threat of such
harm. The notice of noncompliance shall only be issued for an initial offense
of a listed minor violation.
(a) Rule
61J1-7.001, F.A.C. - Display and
disclosure of registration, license or certification designation.
(b) Section
475.622, F.S. - Display of
number.
(c) Rule
61J1-7.003, F.A.C. - Designation
and number in advertising.
(d)
Section 475.6221(1),
F.S. - Registering the name of supervising appraiser; notification of
termination of relationship with supervising appraiser.
(e) Subsection
61J1-7.008(2),
F.A.C. - Registration or change of current mailing address as defined in Rule
61J1-7.008,
F.A.C.
(2) The DBPR shall
issue a notice of noncompliance to the registrant, licensee or certificate
holder subject to the rule that the rule has been violated. The notice of
noncompliance shall identify the rule being violated and shall provide
information on how to comply with the rule. The DBPR shall allow 10 calendar
days for compliance with the rule and shall so notify the registrant, licensee
or certificate holder. The time for compliance shall begin to run from the time
the registrant, licensee or certificate holder receives the notice of
noncompliance. The failure of a registrant, licensee or certificate holder to
comply with the notice of noncompliance within the time allowed shall
thereafter result in the issuance of a citation pursuant to Rule
61J1-8.001, F.A.C., and, if
there is no citation for the violation, then the institution of regular
disciplinary proceeding pursuant to Section
455.225, F.S.
(3) The notice of noncompliance may be
delivered to the registrant, licensee or certificate holder's current mailing
address by certified mail, restricted delivery or by personal service. The
notice of noncompliance may be issued by the Division of Real
Estate.
Notes
Specific Authority 475.614 FS. Law Implemented 120.695, 455.225(3) FS.
New 3-28-94, Amended 1-1-96, 12-4-06.
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