69K-14.006. Probable Cause Determination and Discipline

(1) The determination as to whether probable cause exists to believe that a violation of the provisions of chapter 497, F.S., and/or the rules promulgated pursuant thereto, has occurred shall be made by a majority vote or, if only two panel members are in attendance, by the unanimous vote of the members present.

(2) The probable cause panel shall be composed of at least two (2) members of the Board of Funeral, Cemetery, and Consumer Services. Not more than one (1) member of the panel may be a consumer member. The Chairman may appoint a former member of the Board to serve on the probable cause panel in lieu of a current member of the Board of Funeral, Cemetery, and Consumer Services.

(3) The probable cause panel members shall be selected by the Chairman.

(4) The probable cause panel may proceed, pursuant to the provisions of chapter 497, F.S., against the license of a funeral director, on any of the grounds enumerated in section 497.152, F.S., when such activities are committed by the funeral director in his capacity as a direct disposer while operating from a direct disposal establishment, registered pursuant to the provisions of chapter 69K-23, F.A.C., of these rules.

(5) The Board of Funeral, Cemetery, and Consumer Services may discipline or take action against the license of a funeral director pursuant to the provisions of chapters 120 and 497, F.S., for any of the grounds enumerated in section 497.152, F.S., when such activities are committed by the funeral director in his capacity as a direct disposer while operating from a direct disposal establishment, registered pursuant to the provisions of chapter 69K-23, F.A.C., of these rules.

Rulemaking Authority 497.103, 497.153(3) FS. Law Implemented 497.152, 497.153 FS. History–New 11-11-79, Amended 3-1-81, 4-10-84, Formerly 21J-14.06, 21J-14.006, Amended 2-20-95, 5-3-01, Formerly 61G8-14.006.