of Intent to Grant Petition for Waiver or Variance of Rule 64B12-9.016, F.A.C., filed by the Office of the Deputy Clerk on December 5, 2006, from Petitioner, Sherrie L. Button. The Board reviewed the Petition at its meeting held on November 4, 2006,...

 

DEPARTMENT OF HEALTH
Board of Opticianry

RULE NO: RULE TITLE
64B12-9.016: Eligibility of Individuals Practicing or Licensed in Another State

NOTICE IS HEREBY GIVEN that on December 5, 2006, the Board of Opticianry has issued an order.

The Department of Health hereby gives notice of Intent to Grant Petition for Waiver or Variance of Rule 64B12-9.016, F.A.C., filed by the Office of the Deputy Clerk on December 5, 2006, from Petitioner, Sherrie L. Button. The Board reviewed the Petition at its meeting held on November 4, 2006, in Orlando, Florida. The Board’s Order of Intent to Grant Petition for Waiver or Variance, filed in this cause on December 5, 2006, determined that the Petition for Variance or Waiver should be granted on the following grounds:

1. The Petitioner seeks a waiver of Rule 64B12-9.016, F.A.C. Specifically, Petitioner seeks waiver of the rule that states that applicants, who practiced out of state, can only apply for examination within two years of ceasing to practice.

2. Section 120.542(2), Florida Statutes, provides that a petitioner seeking a variance or waiver from a particular administrative rule must show that he or she has met the purpose of the statute underlying the rule from which waiver is sought by some other means and that the application of the rule in question creates a substantial hardship or violates principles of fairness before the agency can grant such petition.

3. The Petitioner has demonstrated that she is entitled to sit for the examination due to family illness.

A copy of the Order may be obtained by contacting: The Board of Opticianry, 405 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3259.