Florida Regulations 64B6-7.007: Citations
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(1) Definitions. As used in this rule:
(a) “”Citation”” means an instrument which meets the requirements set forth in Florida Statutes § 456.077, 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 Florida Statutes § 456.073, 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 Florida Statutes § 484.0501(6) (Audiometric testing room requirements and waiver);
(b) Violation of Florida Statutes § 484.051(1) (Failure to provide itemized price list when requested);
(c) Violation of Fl. Admin. Code R. 64B6-6.003 (Audiometric Testing);
(d) Violation of Fl. Admin. Code R. 64B6-6.004 (Certified Testing Room);
(e) Failure to take action to correct a minor violation within 15 days after receiving a notice of noncompliance pursuant to Fl. Admin. Code R. 64B6-7.006
(f) Violation of Fl. Admin. Code R. 64B6-5.001 (Continuing Education);
(g) Violation of Fl. Admin. Code R. 64B6-5.003 (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 Florida Statutes § 456.062
(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.
Rulemaking Authority 456.077, 484.044 FS. Law Implemented Florida Statutes § 456.077. History-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.
Terms Used In Florida Regulations 64B6-7.007
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(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 Florida Statutes § 456.073, 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 Florida Statutes § 484.0501(6) (Audiometric testing room requirements and waiver);
(b) Violation of Florida Statutes § 484.051(1) (Failure to provide itemized price list when requested);
(c) Violation of Fl. Admin. Code R. 64B6-6.003 (Audiometric Testing);
(d) Violation of Fl. Admin. Code R. 64B6-6.004 (Certified Testing Room);
(e) Failure to take action to correct a minor violation within 15 days after receiving a notice of noncompliance pursuant to Fl. Admin. Code R. 64B6-7.006
(f) Violation of Fl. Admin. Code R. 64B6-5.001 (Continuing Education);
(g) Violation of Fl. Admin. Code R. 64B6-5.003 (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 Florida Statutes § 456.062
(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.
Rulemaking Authority 456.077, 484.044 FS. Law Implemented Florida Statutes § 456.077. History-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.