Fla. Admin. Code Ann. R. 64B6-7.006 - Minor Violations; Notices of Noncompliance
(1) Section
120.695, F.S., authorizes the
Board, when enforcing rules, to permit the Department to issue a notice of
noncompliance when there is a first time offense that is a minor violation as
defined by Board rule. A minor violation is defined as one in which there is no
economic or physical harm; no adverse effect to the public health, safety, or
welfare; and no significant threat of such harm.
(2) Section
456.073(3),
F.S., authorizes the Board, when enforcing rules and statutes, to permit the
Department to issue a notice of noncompliance for any initial offense which is
a minor violation as defined by Board rule. A minor violation under this
statute is defined as one which does not endanger public health, safety, or
welfare and does not demonstrate a serious inability to practice.
(3) A notice of noncompliance in lieu of
other actions is authorized only if the violation is not a repeat violation. If
there are multiple violations from a single inspection and each is eligible to
be handled with a notice of non-compliance, then the Department shall issue a
notice of non-compliance for each violation.
(4) Failure of the licensee to take action in
correcting the violation within 15 days after notice shall result in the
institution of regular disciplinary proceedings. Failure of the licensee to
comply with the notice of noncompliance within the time allowed or subsequent
violations of a same or similar offense shall result in the issuance of a
citation pursuant to Rule
64B6-7.007, F.A.C., or, if the
citation is declined or if there is no citation available for the specific
violation, shall result in the institution of the regular disciplinary process
set forth in Section 456.073, F.S.
(5) Notices of noncompliance shall be
considered by the probable cause panel when reviewing a licensee's subsequent
violations of a same or similar offense.
(6) The Board hereby establishes the
following as minor violations pursuant to Sections
120.695 and
456.073(3),
F.S.:
(a) Failing to maintain a certificate
certifying that the testing room meets the requirements of Section
484.0501(6),
F.S., or a certificate certifying that all audiometric testing equipment used
by the licensee has been calibrated on an annual basis acoustically, as
required by Section 484.047(2),
F.S., and Rules 64B6-6.003,
64B6-6.004, F.A.C. Only the
failure to maintain the certificate is a minor violation; if the testing room
or equipment has not been certified, then the matter must proceed through the
normal disciplinary process.
(b)
Failing to notify the Board in writing within 30 days of any change of address,
as required by Section
484.047(3),
F.S., and Rule 64B6-6.008, F.A.C.
(c) Failing to display in a conspicuous place
a notice of the availability of itemization of the total purchase price, which
notice complies with the requirements of Section
484.051(2),
F.S., and Rule 64B6-6.009, F.A.C.
(d) Failing to display the license in a
conspicuous place at the licensee's regular place of business as required by
Section 484.058, F.S., and Rule
64B6-6.008, F.A.C.
(e) Advertising in a manner that does not
include the address and telephone number of the licensee's regular place of
business, as required by subsection
64B6-6.008(4),
F.A.C.
Notes
Rulemaking Authority 120.695, 456.073(3), 484.044 FS. Law Implemented 120.695, 456.073(3) FS.
New 10-15-90, Amended 3-5-91, Formerly 21JJ-7.009, 61G9-7.009, Amended 9-24-97, 10-29-98, 12-20-05, 8-31-06, 1-11-17.
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