hereby gives notice that it rendered an Order granting the Amended Petition for Variance or Waiver of Rule 64B3-5.003, F.A.C. filed by Beulah F. Briones on October 16, 2007. The Board considered this matter during a duly-noticed, public meeting on ...

 

DEPARTMENT OF HEALTH
Board of Clinical Laboratory Personnel

RULE NO: RULE TITLE
64B3-5.003: Technologist

NOTICE IS HEREBY GIVEN THAT on November 29, 2007, the Board of Clinical Laboratory Personnel has issued an order.
hereby gives notice that it rendered an Order granting the Amended Petition for Variance or Waiver of Rule 64B3-5.003, F.A.C., filed by Beulah F. Briones on October 16, 2007. The Board considered this matter during a duly-noticed, public meeting on November 16, 2007 and determined the Amended Petition should be granted on the following grounds:

1. Section 120.542(2), Florida Statutes (2007), provides that “[v]ariances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate the principles of fairness.”

2. Based on the documentation submitted by the Petitioner, the Board concluded the goals of the underlying statutes would be achieved by granting the requested variance. In addition, the Board also concluded the facts set forth in the Amended Petition demonstrated that denying the Petitioner’s request would amount to a “substantial hardship” and “violate the principles of fairness.”

A copy of the Order may be obtained by contacting: Joe Baker, Jr., Executive Director, Board of Clinical Laboratory Personnel, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257.