61J1-8.003. Notice of Noncompliance  


Effective on Monday, December 4, 2006
  • 1(1) Pursuant to Sections 5455.225(3) 6and 7120.695, F.S., 9the board sets forth below those rules which are considered minor violations for which the DBPR shall provide a registrant, licensee or certificate holder with a notice of noncompliance. A violation of a rule is considered a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. The notice of noncompliance shall only be issued for an initial offense of a listed minor violation.

    95(a) Rule 9761J1-7.001, 98F.A.C. – Display and disclosure of registration, license or certification designation.

    109(b) 110Section 111475.622, F.S. 113– Display of number.

    117(c) Rule 11961J1-7.003, 120F.A.C. – Designation and number in advertising.

    127(d) 128Section 129475.6221(1), F.S. 131– Registering the name of supervising appraiser; notification of termination of relationship with supervising appraiser.

    146(147e148) Subsection 15061J1-7.008(2), 151F.A.C. – Registration or change of current mailing address as defined in Rule 16461J1-7.008, 165F.A.C.

    166(2) The DBPR shall issue a notice of noncompliance to the registrant, licensee or certificate holder subject to the rule that the rule has been violated. The notice of noncompliance shall identify the rule being violated and shall provide information on how to comply with the rule. The DBPR shall allow 10 calendar days for compliance with the rule and shall so notify the registrant, licensee or certificate holder. The time for compliance shall begin to run from the time the registrant, licensee or certificate holder receives the notice of noncompliance. The failure of a registrant, licensee or certificate holder to comply with the notice of noncompliance within the time allowed shall thereafter result in the issuance of a citation pursuant to Rule 28961J1-8.001, 290F.A.C., and, if there is no citation for the violation, then the institution of regular disciplinary proceeding pursuant to Section 310455.225, F.S.

    312(3) The notice of noncompliance may be delivered to the registrant, licensee or certificate holder’s current mailing address by certified mail, restricted delivery or by personal service. The notice of noncompliance may be issued by the Division of Real Estate.

    352Specific Authority 354475.614 FS. 356Law Implemented 358120.695, 359455.225(3) FS. 361History–New 3-28-94, Amended 1-1-96, 36512-4-06.

     

Rulemaking Events:

Historical Versions(1)

Select effective date to view different version.