Fla. Admin. Code Ann. R. 61N-1.0245 - Notice of Non Compliance; Minor Violations
(1) In accordance with section
120.695, F.S., the Department of
Business and Professional Regulation (hereinafter the "Department") may issue a
notice of noncompliance to a licensee, registrant or permitholder for an
initial offense of a minor violation.
(2) The Department designates a violation of
subsection 61N-1.012(5),
F.A.C. - Failure to maintain a copy of the Florida Drug and Cosmetic Act,
chapter 499, part I, F.S., and chapter 61N-1, F.A.C., Regulations for Drugs,
Devices and Cosmetics, at the permitted establishment, as a minor violation for
which a notice of noncompliance may be issued.
(3) The designation of a minor violation for
purposes of section 120.695, F.S., is limited to
only initial violations in which corrective action is commenced within 14 days
after the licensee, registrant or permitholder's receipt of the Department's
issuance of a notice of noncompliance. The failure of a licensee, registrant or
permitholder to comply with the notice of noncompliance within the prescribed
period of time shall no longer be deemed a minor violation and shall be treated
as a disciplinary violation pursuant to section
499.066, F.S., and/or rule
61N-1.024, F.A.C. Violations of
this section shall be handled in accordance with the standard disciplinary
guidelines of the Department. Nothing provided in this section shall restrict
the Department from seeking full administrative action in such instances where
aggravating circumstances are present which would preclude a minor violation
dismissal.
(4) The notice of
noncompliance may be delivered to the licensee, registrant or permitholder's
current mailing address by certified mail, by restricted delivery or by
personal service. The notice of noncompliance may also be issued by an
authorized representative of the Department.
Notes
Rulemaking Authority 120.695(2)(c), 499.05 FS. Law Implemented 120.695, 499.05, 499.066 FS.
New 11-2-17.
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