The Board proposes the rule amendments for needed updates and changes.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Electrical Contractors’ Licensing Board

RULE NOS.:RULE TITLES:

61G6-10.004Payment of Fine

61G6-10.005Minor Violations and Non-Compliance

61G6-10.006Reinstatement and Relicensure

61G6-10.007Probation

61G6-10.008Mediation

PURPOSE AND EFFECT: The Board proposes the rule amendments for needed updates and changes.

SUMMARY: The rules will be updated and needed changes will be made.

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: 455.225(3), 455.227(3), 455.2235(1), 489.507(3), 489.533(2)(e), FS.

LAW IMPLEMENTED: 455.225(3), 455.227(2)(f), (3), 455.2235(1), 489.533(4), 489.533 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: Ruthanne Christie, Executive Director, Electrical Contractors’ Licensing Board, 2601 Blair Stone Road, Tallahassee, FL 32399-0751.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G6-10.004 Payment of Fine.

All fines imposed by the Board for violations of Sections 489.531 and 489.533, F.S., shall be paid within a period of thirty (30) days from the date of the final order entered by the Board. The Board will allow a payment plan upon request of the licensee at the hearing, if extenuating circumstances are demonstrated.

Failure to pay fine within the 30-day period may will result in disciplinary action.

Rulemaking Specific Authority 455.227(3), 489.507(3) FS. Law Implemented 455.227(3) FS. History–New 7-3-91, Formerly 21GG-10.004, Amended 3-24-94, 12-24-96, 9-22-97,                                       .

 

61G6-10.005 Minor Violations and Non-Compliance.

(1) Subject to the limitations imposed by this rule, the following violations are designated as minor for the purposes of Section 455.225(3), F.S.

(a) through (c) No change.

(d) Violation of Section 489.531(1)(qd), F.S., by failing to include the license number in each offer of services, business proposal or advertisement as required by Section 489.521(7)(b), F.S. contracting with a delinquent license.

(2) through (4) No change.

Rulemaking Specific Authority 455.225(3), 489.507(3) FS. Law Implemented 455.225(3) FS. History–New 7-3-91, Formerly 21GG-10.005, Amended 8-14-97, 1-4-98,                                           .

 

61G6-10.006 Reinstatement and Relicensure.

(1) The Board shall deny certification or registration to a contractor who violates any of the provisions of Section 489, Part II, F.S.

(2) No change.

(3)(a) The Board shall not relicense a contractor whose certification or registration has been revoked unless proof is shown that all requirements (including fines) imposed in any final order against the contractor have been met.

(b) through (c) No change.

(d) Any person who voluntarily relinquishes his license upon notification of a department or board investigation or in lieu of other disciplinary action for any reason must appear before the Board and meet current licensing requirements prior to being allowed to seek recertification through the examination or registration in a jurisdiction.

Rulemaking Authority 489.507(3) FS. Law Implemented 455.227(3), 489.533(4) FS. History–New 3-24-94, Amended 4-5-95,    .

 

61G6-10.007 Probation.

All probation imposed by the Board for violations of Sections 489.531, and 489.533, or 455.227, F.S., shall require the probationer to file with the Board, quarterly reports every ninety (90) days from the date of the final order entered by the Board. The quarterly reports must be filed using DBPR/ECLB 4458 Rev. 11-7-03, titled Probation and Quarterly Report Form, which is hereby incorporated by reference and will be effective 11-7-03, copies of which may be obtained from the Board Office. If the probation is related to financial matters, e.g., satisfaction of liens, collection accounts, or judgments, the probationer shall be required to submit quarterly reports providing proof of the payments made.

Rulemaking Authority 489.507(3), 489.533(2)(e) FS. Law Implemented 455.227(2)(f), 489.533 FS. History–New 2-16-04, Amended                            .

 

61G6-10.008 Mediation.

Pursuant to Section 455.2235, F.S., the Board designatesd the following areas as appropriate for mediation:

(1) through (2) No change.

(3)  Section 489.533(1)(m)4, F.S.; Contractor fails, within 18 months, to pay or comply with a repayment schedule of a judgment obtained against the contractor or a business qualified by the contractor that is related to the practice of contracting.

Rulemaking Authority 455.2235(1), 489.507(3) FS. Law Implemented 455.2235(1) FS. History–New 3-21-95, Amended 12-24-96, 11-25-07,                                    .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Electrical Contractors’ Licensing Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Electrical Contractors’ Licensing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 20, 2017