The proposed amendment will update the text of the existing rule.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Auctioneers

RULE NO.:RULE TITLE:

61G2-2.002Examination for Licensure

PURPOSE AND EFFECT: The proposed amendment will update the text of the existing rule.

SUMMARY: Update text.

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: 468.384(2), FS.

LAW IMPLEMENTED: 455.217(1)(b), 468.385, 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: Krista Woodard, Executive Director, Board of Auctioneers, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, [phone] or by electronic mail – [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G2-2.002 Examination for Licensure.

(1) The examination for licensure must be in writing and must test the applicant's general knowledge of:

(a) The laws of this State relating to the provisions of the Uniform Commercial Code that are relevant to auctions The laws of this state relating to bulk sales;

(b) Auctions; and

(c) Brokerage; and

(c)(d) Chapter 468, part VI, and chapter 455, F.S.

(2) through (3) No change.

(4) Any person seeking to take the examination must have submitted a completed application and the application and examination fees provided for in rules 61G2-3.002 and 61G2-3.003, F.A.C., at least 60 days prior to the scheduled examination date.

(a) through (d) No change.

(5) The Board shall review all applicants for licensure by examination and approve their qualifications before an applicant will be permitted to sit for the examination. The application fee is non-refundable. Should an applicant be denied approval to sit for the examination, the examination fee shall be refunded. The examination fee paid to the Department shall be transferred to a subsequent examination upon the applicant's written request, if the request is received in the Board office at least 20 days prior to the scheduled examination date.

(6) No change. 

Rulemaking Authority 468.384(2) FS. Law Implemented 455.217(1)(b), 468.385 FS. History–New 5-10-87, Amended 10-20-87, 6-5-88, 5-11-89, Formerly 21BB-2.002, Amended 9-27-93, 8-20-96, 11-1-99, 6-19-12,                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Auctioneers

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 28, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 14, 2018