of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on July 22, 2013, by Brian E. Howe. The Notice of Petition for Waiver or Variance was published in Volume 39, Number 147, of the July 30, 2013, Florida ...

 

DEPARTMENT OF HEALTH

Board of Hearing Aid Specialists

RULE NO.:RULE TITLE:

64B6-2.002Definitions

The Board of Hearing Aid Specialists hereby gives notice of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on July 22, 2013, by Brian E. Howe. The Notice of Petition for Waiver or Variance was published in Volume 39, Number 147, of the July 30, 2013, Florida Administrative Register. The Petitioner was seeking a waiver or variance of subsection 64B6-2.002(1), F.A.C., entitled, “Definitions,” which defines “Actively practicing” as dispensing hearing aids directly to clients at least an average of fifteen (15) hours per week for twelve (12) of the eighteen (18) months immediately preceding the application, as shown by at least two sales receipts per month for twelve (12) of the eighteen (18) months immediately preceding the application, each receipt bearing the applicant’s signature and address of place(s) of business. The Board considered the instant Petition at a duly-noticed public telephonic meeting, held August 22, 2013.

The Board’s Order, filed on August 27, 2013, denied the petition finding that Petitioner had failed to establish that the purpose of the underlying statute, 484.045, F.S., would be met by granting a variance or waiver from subsection 64B4-3.0085(4), F.A.C.

A copy of the Order or additional information may be obtained by contacting: Sue Foster, Executive Director, Board of Hearing Aid Specialists, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.