Reinstate Null & Void Licenses

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Auctioneers

RULE NO: RULE TITLE
61G2-2.006: Reinstate Null & Void Licenses

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 47, November 21, 2007 issue of the Florida Administrative Weekly. The change is in response to concerns by the Joint Administrative Procedures Committee in letters dated December 28, 2007, January 23, 2008, April 10, 2008, and July 29, 2008.

The rule will read as follows:

61G2-2.006 Reinstate Null & Void Licenses.

(1) Void auctioneer or auction business licenses resulting from a failure to timely renew are not reactivated; however, the Board has discretion to reinstate such licenses if it determines that the provisions of Section 455.271(6)(b), F.S., were met.

(2) In order to request that the Board exercise its discretion, the holder of a void license must file a properly completed DBPR form entitled: Application for Reinstatement of a Null and Void License, dated November 2008. Form copies are available from the Board office at 1940 N. Monroe Street, Tallahassee, Florida 32399 or on the Web at www.MyFlorida.com/dbpr, scroll down and select Board of Auctioneers, choose FORMS from the left column, and choose the correct Application Package.

(3) The application must be accompanied by a non-refundable Application fee of $150.00, a renewal fee of $150.00 for each renewal period when the applicant failed to renew his or her license which fee shall not exceed $300.00, and an unlicensed activity fee plus a recovery fund fee of $105.00 for each renewal period missed which fee shall not exceed $210.00.

(4) The application will be set for a hearing before the Board at its next regularly scheduled Board meeting, if the agenda for that Board meeting has not been sent to the printer. If the agenda has already been sent to the printer, the application will be set for the following regularly scheduled Board meeting.

(5) One continuance shall be granted upon written request for good cause shown.

(6) Applicants may be represented by counsel when the Board considers the application. Such representation shall be at the applicant’s expense. All rights attendant to Section 120.542, F.S., attach.

(7) Applicants shall present proof of completion of all CE which would have been required had their license never gone void due to failure to renew.

(8) Determinations on the application shall be by Final Orders, with appellate rights to the appropriate District Court of Appeal.

Specific Authority 455.271(6)(b) FS. Law Implemented 455.271(6)(b) FS. History–New________.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Spivey, Executive Director, Board of Auctioneers, P. O. Box 5377, Tallahassee, Florida 32314-5377