The Board proposes the rule amendment to delete unnecessary language and add language to clarify claims review.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Construction Industry Licensing Board

RULE NO: RULE TITLE
61G4-21.004: Claims Review
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and add language to clarify claims review.
SUMMARY: The rule amendment will delete unnecessary language and add language to clarify claims review.
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: 489.108 FS.
LAW IMPLEMENTED: 489.141, 489.143 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: G. W. Harrell, Executive Director, Construction Industry Licensing Board, 1940 North Monroe Street, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

61G4-21.004 Claims Review.

(1) No claims will be accepted processed until 35 45 days after the date indicated on the final jJudgment, Final board restitution order Restitution Order, arbitration or award in arbitration.

(a) A claim number shall not be assigned until a completed and signed fund claim form, as incorporated in Rule 61G4-12.006, F.A.C., is received., along with the documentation required in Rule 61G4-21.003, F.A.C.

(b) Upon receipt of the completed claim form as set out below a “Notice of Claim,” as incorporated in Rule 61G4-12.006, F.A.C., notice will be given to the contractor(s) and the licensee determined to be the qualifier(s) of the business entity involved in the contract. Notice shall be given to the mailing address as it appears in the Department records.

(2) No change.

(3)(a) through (e) No change.

(f) When, after notice, the claimant has failed to provide documentation in support of the claims required by rule; or

(g) Where the licensee has reached the aggregate limit.; or

(h) The claimant has contracted for scope of work described in Section 489.105(3)(d)-(q), F.S.

For the purpose of oversight by the Board, the Recovery Fund’s legal staff shall, on a monthly basis, provide the Chairperson, or the Chairperson’s delegate with copies of all closing orders filed in the preceding period.

(4) through (5) No change.

(a) A completed and signed claim form,;

(b) A final judgment, board restitution order of restitution, or arbitration award in arbitration;

(c) Evidence of a violation of Section 489.129(1)(g), (j), or (k), F.S., violation,; and

(d) Evidence that all reasonable searches and inquiries have been undertaken.

(6) Claims shall be set for presentation review in claim number order.

(7) through (8) No change.

(9) Approved recovery fund claim cases shall be forwarded to the Department’s Division of Regulation for collection efforts following payment to the claimant when appropriate.

Specific Authority 489.108 FS. Law Implemented 489.141, 489.143 FS. History–New 7-11-95, Amended 4-27-99, 7-7-05,             __________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Construction Industry Licensing Board
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Construction Industry Licensing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 9, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 28, 2007