61G2-7.050. Citations

(1) Definitions.

(a) “Citation” means an instrument which meets the requirements set forth in section 455.224, 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 455.225, 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 procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of section 455.225, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of section 455.225, F.S., shall apply.

(4) Pursuant to section 455.224, F.S., the Board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. The Board hereby designates the following as citation violation which shall result in a penalty of one hundred dollars ($100.00).

(a) Failure of an auctioneer or auction business to include the name and license number of such auctioneer or auction business in an advertisement as required by section 468.388(11)(a), F.S.

(b) Failure of an auctioneer or auction business to prominently display his license, or make it otherwise available for inspection, at each auction in which he participates as required by section 468.388(5), F.S.

(c) First time failure of an auctioneer or auction business to advertise an auction as absolute without specifying any and all items to be sold with reserve as required by section 468.388(7), F.S. or with minimum bids as prohibited by section 468.389(1)(d), F.S.

(d) First time failure of an auctioneer or auction business to file a change of address with the Board office within 30 days of the effective date of such change as required by section 468.385(7)(b), F.S.

(5) Prior to issuance of the citation, the Department must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety, and welfare, such potential for harm must be removed prior to issuance of the citation.

(6) Once the citation becomes a final order, the citation and complaint become a public record pursuant to chapter 119, F.S., unless otherwise exempt from the provisions of chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to rule 61G2-7.030, F.A.C.

(7) The Board of Auctioneers shall, at the end of each calendar quarter, promulgate a report of the citations issued which report shall contain the violation, fine imposed, whether the subject complied with the citation upon it becoming a final order, and the number of subjects who chose to follow the procedures of section 455.224, F.S.

Rulemaking Authority 455.224, 468.384(2) FS. Law Implemented 455.224 FS. History–New 1-1-92, Formerly 21BB-1.019, 21BB-7.050, Amended 8-29-93, 3-8-94, 10-2-95, 2-20-19.