Fla. Admin. Code Ann. R. 64B6-7.007 - Citations

(1) Definitions. As used in this rule:

(a) "Citation" means an instrument which meets the requirements set forth in Section 456.077, F.S., and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule;

(b) "Subject" means the licensee, trainee, or applicant alleged to have committed a violation designated in this rule.

(2) In lieu of the disciplinary procedures contained in Section 456.073, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation.

(3) The Board hereby designates the following as citation violations which shall result in a penalty of two hundred and seventy-five dollars ($275.00):

(a) Violation of Section 484.0501(6), F.S. (Audiometric testing room requirements and waiver);

(b) Violation of Section 484.051(1), F.S. (Failure to provide itemized price list when requested);

(c) Violation of Rule 64B6-6.003, F.A.C. (Audiometric Testing);

(d) Violation of Rule 64B6-6.004, F.A.C. (Certified Testing Room);

(e) Failure to take action to correct a minor violation within 15 days after receiving a notice of noncompliance pursuant to Rule 64B6-7.006, F.A.C.

(f) Violation of Rule 64B6-5.001, F.A.C. (Continuing Education);

(g) Violation of Rule 64B6-5.003, F.A.C. (Continuing Education Attendance);

(h) Violation of subsection 64B6-6.008(4), F.A.C. (Regular Place of Business Requirements; Advertising Requirements);

(i) Failure to timely pay required fees and fines.

(j) Failure to comply with advertising requirements, including Section 456.062, F.S.

(4) Citations shall be issued for the first time offense of those violations enumerated in subsection (3). Failure to comply with the citations and remedy the violations within 60 days of the date of the citation shall result in disciplinary action being taken against the licensee.

(5) If the subject does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation becomes a public final order and does not constitute discipline for a first offense, but does constitute discipline for a second or subsequent offense.

Notes

Fla. Admin. Code Ann. R. 64B6-7.007

Rulemaking Authority 456.077, 484.044 FS. Law Implemented 456.077 FS.

New 10-21-91, Formerly 21JJ-7.010, Amended 11-21-94, Formerly 61G 9-7.010, Amended 9-24-97, 5-19-05, 2-10-09, Amended by Florida Register Volume 48, Number 031, February 15, 2022 effective 3/2/2022.

New 10-21-91, Formerly 21JJ-7.010, Amended 11-21-94, Formerly 61G9-7.010, Amended 9-24-97, 5-19-05, 2-10-09, 3-2-22.