61H1-36.005. Citations  


Effective on Wednesday, July 28, 2010
  • 1(1) Pursuant to Section 5455.224, F.S., 7the Board sets forth in subsection (3) of this rule 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. Next to each violation is the fine to be imposed.

    71(2) 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.

    123(3) The following violations with accompanying fines may be disposed of by citation:

    136(a) Practicing on an  inactive or delinquent license

    144Reprimand and fine based on length of time in

    153(Section 154473.323(1)(i), F.S.156)

    157practice while inactive; $100/month or $5,000

     

    164maximum (penalty will require licensure or

     

    170cease practice).

    172(b) Licensees practicing in an unlicensed firm

    179Reprimand and $100 per month fine to maximum

    187(including sole proprietors)or otherwise in violation of

    194of $5,000 and suspension of right to practice

    203Sections 204473.309, 205473.3101, 206and 207473.323(1)(g), F.S.

    209until corrected.

    211(c) Licensees who complete continuing professional

    217education requirements timely but who are found to be

    226deficient after December 1st of their renewal year

    234(subsection 23561H1-33.003(5), 236F.A.C.)

    237Submit documentation that deficient hours have been completed and pay $50 fine within 60 days.

    252(d) Licensees who fail to timely submit complete documentation

    261for a CE audit

    265Fined $100 per month.

    269(e) Retention of client records when records are returned more

    279than three months after the date requested and there is no

    290evidence that the failure to return the records was due to any

    302fees not being paid. (Rule 30761H1-23.002, 308F.A.C.)

    309$500 fine.

    311(f) Failure to timely report being convicted or found guilty of, or

    323entering a plea of nolo contendere or guilty to, regardless of

    334adjudication, a crime in any jurisdiction (up to 30 days late)

    345(Section 346455.227(1)(t)347)

    348$250 fine.

    350(4) 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 thereof. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to paragraph 39561H1-36.004(3)(a), 396F.A.C.

    397(5) 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 426455.225, F.S., 428to be applied. 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 457455.225, F.S., 459shall apply.

    461Rulemaking Authority 463455.224, 464473.304 FS. 466Law Implemented 468455.224 FS. 470History–New 12-30-91, Formerly 21A-36.005, Amended 12-7-93, 5-23-94, 8-16-99, 5-11-03, 7-23-06, 7-28-10.

     

Rulemaking Events:

Historical Versions(1)

Select effective date to view different version.