The Board proposes to promulgate and adopt a new rule to clarify the procedures for reinstating a Null & Void license.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Auctioneers

RULE NO: RULE TITLE
61G2-2.006: Reinstate Null & Void Licenses
PURPOSE AND EFFECT: The Board proposes to promulgate and adopt a new rule to clarify the procedures for reinstating a Null & Void license.
SUMMARY: The promulgation and adoption of the new rule will clarify the procedures for reinstating a null & void license.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 455.271(6)(b), 468.384, 468.386 FS.
LAW IMPLEMENTED: 455.271(6)(b), 468.393 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Spivey, Executive Director, Board of Auctioneers, 1940 North Monroe Street, Tallahassee, Florida 32399-0762

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G2-2.006 Reinstate Null & Void Licenses.

(1) Void auctioneer or auction business licenses resulting from a failure to timely renew are not reactivated; however, the Board has discretion to reinstate such licenses if it determines that the provisions of Section 455.271(6)(b), Florida Statutes, were met.

(2) In order to request that the Board exercise its discretion, the holder of a void license may file a properly completed Application for Reinstatement of a Null and Void License, DBPR Form Entitled: “Return from Null and Void Status”, dated July 2007. A copy of which is available from the Board office at 1940 N. Monroe Street, Tallahassee, Florida 32399 or on the Web at www.myflorida.com/dbpr/pro go to Divisions, choose auctioneers, choose forms and select the form.

(3) The applicant shall provide his or her previous license number, a list of all renewal dates missed, the circumstances surrounding each failure to comply with timely renewal, and the steps taken by the applicant to comply with each renewal deadline. Documentation verifying the applicant’s illness or other unusual hardship which prevented timely renewal must be presented. The documentation should indicate the date of onset of the unusual circumstance or illness and the end of it.

(4) The application must be accompanied by a non-refundable Application fee of $150.00, a renewal fee of $150.00 for each renewal period when the applicant failed to renew his or her license which fee shall not exceed $300.00, and an unlicensed activity fee plus a recovery fund fee of $105.00 for each renewal period missed which fee shall not exceed $210.00.

(5) The application will be set for a hearing before the Board at its next regularly scheduled Board meeting, if the agenda for that Board meeting has not been sent to the printer. If the agenda has already been sent to the printer, the application will be set for the following regularly scheduled Board meeting. The applicant will be required to attend the hearing in person and present any evidence or witnesses in support of his/her application for reinstatement. Failure to appear may result in a denial of the petition.

(6) One and only one continuance shall be granted upon written request for good cause shown.

(7) Applicants may be represented by counsel when the Board considers the application. Such representation shall be at the applicant’s expense and in addition to the applicant’s personal appearance. All rights attendant to Chapter 120.542, Florida Statutes, attach.

(8) Determinations on the application shall be by Final Orders, with appellate rights to the appropriate District Court of Appeal.

Specific Authority 455.271(6)(b) FS. Law Implemented 455.271(6)(b) FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Auctioneers
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Auctioneers
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 19, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 19, 2007