Fla. Admin. Code Ann. R. 64B8-55.005 - Notice of Noncompliance; Rules Designated as Minor Violations for First Time Offense
(1) In accordance
with Sections 456.073(3) and
120.695, F.S., the Department is
authorized to issue a notice of noncompliance as a first response to a minor
rule violation that does not result in economic or physical harm to a person or
adversely affect the public health, safety, and welfare, when it is reasonable
to assume that the violator was unaware of the rule or unclear as to how to
comply with it. Failure of a licensee to take action to correct the minor rule
violation within 15 days of receipt of the noncompliance notice shall result in
either the issuance of a citation pursuant to Rule
64B8-55.002, F.A.C., when
appropriate, or the initiation of regular disciplinary proceedings pursuant to
Chapters 456 and 478, F.S. A timely and successful response to a notice of
noncompliance is not a first offense for purposes of a citation or regular
discipline.
(2) The minor rule
violations for which the Board authorizes the Department to issue a notice of
noncompliance for a first offense are:
(a)
Failure to maintain on file with the Council the current address at which any
notice required by law may be served by the Department, the Board, the Council,
or its agents, as required by Rule
64B8-50.008, F.A.C.
(b) Failure to comply with any one of the
display or record-keeping provisions required by subsection
64B8-51.006(4),
F.A.C. Failure to comply with more than one of said provisions shall render the
licensee not eligible for a notice of
noncompliance.
Notes
Rulemaking Authority 120.695, 456.073(3), 486.025 FS. Law Implemented 120.695, 456.073(3) FS.
New 10-18-17.
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