The proposed rule amendment is intended to update and clarify the rule language.

 

DEPARTMENT OF HEALTH

Board of Hearing Aid Specialists

RULE NOS.:RULE TITLES:

64B6-7.003Time for Payment of Administrative Fines; Suspension for Failure to Pay

64B6-7.007Citations

64B6-7.008Mediation

PURPOSE AND EFFECT: The proposed rule amendment is intended to update and clarify the rule language.

SUMMARY: To update the rule text.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.072(3), 456.077, 456.078, 484.044 FS.

LAW IMPLEMENTED: 456.072(2), 456.077, 456.078, 484.056 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ashleigh Irving, Acting Executive Director, Board of Hearing Aid Specialists, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B6-7.003 Time for Payment of Administrative Fines; Suspension for Failure to Pay.

In cases where the Board imposes an administrative fine for violation of Chapter 456 or 484, Part II, F.S., or the rules promulgated thereunder, the penalty shall be paid to the Department of Health within thirty (30) days of its imposition by order of the Board.

Rulemaking Authority 456.072(3), 484.044 FS. Law Implemented 456.072(3)(2), 484.056 FS. History–New 5-14-84, Formerly 21JJ-1.08, 21JJ-1.008, 21JJ-7.006, 61G9-7.006,_______________.

 

64B6-7.007 Citations.

(1) through (3) No Change.

(4) Tendering a check payable to the Board of Hearing Aid Specialists or to the Department of Health that is dishonored by the institution upon which it is drawn shall result in a fine of $100.00 and payment of the check within 30 days.

(4)(5) 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)(6) 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 456.077 FS. 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,_______________.

 

64B6-7.008 Mediation.

(1) No Change.

(2) For purposes of Section 456.078, F.S., the Board designates as being appropriate for mediation, first time violations of the following provisions of subsection 484.056(1), F.S.:

(a) Failure of the licensee to timely respond to a continuing education audit as set forth in Rule 64B6-5.003, F.A.C.;

(a)(b) Failure to be in possession of records of certification of audiometric testing equipment as set forth in Rule 64B6-6.003, F.A.C.

(b)(c) Failure of the licensee to timely refund monies as set forth in Rule 64B6-6.001, F.A.C.

(c)(d) Failure of the licensee to include information on the receipt as set forth in Rule 64B6-6.010, F.A.C.

(3) No Change.

Rulemaking Authority 456.078 FS. Law Implemented 456.078 FS. History–New 1-11-95, Formerly 61G9-7.011, Amended 7-28-99,____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Hearing Aid Specialists

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Hearing Aid Specialists

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 2, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 23, 2021