The Board proposes the rule amendment to clarify offenses committed by a licensee in order to receive a notice of non-compliance.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Barbers’ Board

RULE NO.:RULE TITLE:

61G3-21.012Notice of Non-Compliance

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify offenses committed by a licensee in order to receive a notice of non-compliance.

SUMMARY: Offenses committed by a licensee in order to receive a notice of non-compliance will be clarified.

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, based upon the expertise and experience of its members, 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: 476.064(4) FS.

LAW IMPLEMENTED: 455.225(3) 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: Robyn Barineau, Executive Director, Barbers’ Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-0771

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G3-21.012 Notice of Non-Compliance.

(1) As an alternative to the provisions of Section 455.225(1) and (2), F.S., Tthe department shall may provide a licensee with a notice of non-compliance for an initial offense of the rules and statutes listed below. a minor violation. Minor violations that do not endanger the public health, safety and welfare and which do not demonstrate a serious inability to practice the profession are

(a) Section 455.271(1), F.S.: Engaging in the practice of barbering with a license that has been delinquent for 30 days or less.

(a) Rule 61G3-18.001, F.A.C. – barber license renewal, provided the expiration date has not exceeded 30 days.

(b) Section 455.271(1), F.S.: Engaging in the practice of barbering with a license that has been inactive for 30 days or less.

(c)(b) No change.

(d)(c) No change.

(d) Rule 61G3-19.009, F.A.C. – failure to display picture on license.

(e) through (g) No change.

(h) Rule 61G3-19.011, F.A.C. – failure to immediately deposit towels in the proper receptacle, provided there is not an accumulation of towels.

(2) Failure to correct the above violations within 15 days of receipt of the notice of non-compliance shall result in the institution of regular disciplinary proceedings.

(2) In accordance with Chapter 95-402, Laws of Florida, the department shall issue a notice of non-compliance as a first enforcement action against a licensee for a minor violation of a rule. Pursuant to Chapter 95-402, Section (2)(b), Laws of Florida, the Board designates the following rule for which a violation would be a minor violation of a rule, for which a notice of non-compliance is issued: violations of Rule 61G3-19.015, F.A.C.

Rulemaking Authority 476.064(4) FS. Law Implemented 455.225(3) FS. History–New 12-22-94, Amended 2-14-96, 5-1-96, 11-6-97, 11-25-09,                                     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Barbers’ Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbers’ Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 17, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 2, 2016