The Board proposes the rule repeal because the Department now hires investigators, not the Board.

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NO.:RULE TITLE:

64B12-8.018Investigators; Criteria for Selection; Training

PURPOSE AND EFFECT: The Board proposes the rule repeal because the Department now hires investigators, not the Board.

SUMMARY: The rule repeal is necessary because the Department now hires investigators, not the Board.

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: 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: 456.004(8) FS.

LAW IMPLEMENTED: 456.004(8) 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: Sue Foster, Executive Director, Board of Opticianry/MQA, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B12-8.018 Investigators; Criteria for Selection; Training.

Investigators employed by the Agency to assist the Board in disciplinary matters shall be selected based upon the following criteria:

(1) Attainment of high school diploma or a recognized academic equivalent, and

(2) Graduation from an accredited four-year college or university and either two years of regulatory inspection experience or two years sworn law enforcement or investigative experience, or

(3) Experience as either a regulatory inspector, a sworn law enforcement officer, or as a non-law enforcement investigator may be substituted on a year by year basis for the required college training.

(4) Persons selected by the Agency based upon the above criteria shall complete a minimum of 14 days of orientation and training as established by the Agency for the purpose of training them in the fact-finding process. This training shall be under the direct supervision of an investigator who has had at least six months experience in opticianry investigations. This training shall include training by individual board members as deemed necessary by the Agency or Board.

Rulemaking Specific Authority 456.004(8) FS. Law Implemented 456.004(8) FS. History–New 12-30-82, Formerly 21P-8.18, 21P-8.018, 61G13-8.018, 59U-8.018, Repealed__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Opticianry

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Opticianry

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 2, 2012