The Order is regarding the Petition for Waiver or Variance, filed on October 23, 2007, by Alan S. Burggaller. The Notice of Petition for Waiver or Variance was published in Vol. 33, No. 46, of the November 16, 2007, Florida Administrative Weekly. ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Accountancy

RULE NO: RULE TITLE
61H1-33.003: Continuing Professional Education

NOTICE IS HEREBY GIVEN THAT on February 20, 2008, the Board of Accountancy has issued an order.

The Order is regarding the Petition for Waiver or Variance, filed on October 23, 2007, by Alan S. Burggaller. The Notice of Petition for Waiver or Variance was published in Vol. 33, No. 46, of the November 16, 2007, F.A.W. The Petitioner sought a waiver or variance of subsection 61H1-31.001(10), F.A.C., entitled “Fees” and the requirement that a licensee pay a $50.00 delinquency fee for submitting a CPE reporting form after July 15th of the licensee’s reestablishment period. Petitioner also sought a waiver or variance of paragraph 61H1-33.003(1)(b), F.A.C., entitled “Continuing Professional Education” with regard to the requirement that a licensee submit an additional 8 hours of CPE as penalty for not meeting the deadline for obtaining the required continuing education hours within their reestablishment period. The Board considered the instant Petition at a duly-noticed public meeting, held December 7, 2007, in Tallahassee, Florida.

The Board’s Order denied the petition finding that Petitioner failed to establish that the purpose of the underlying statute, Section 473.305, Florida Statutes, would be met by granting a variance or waiver from subsection 61H1-31.001(10), F.A.C. The Board also found that Petitioner failed to establish that the purpose of the underlying statute, Section 473.312, Florida Statutes, would be met by granting a variance or waiver from paragraph 61H1-33.003(1)(b), F.A.C. The Board further found that Petitioner failed to establish that the Board’s full application of the aforementioned rules to his circumstances would violate principles of fairness and impose substantial hardship.

A copy of the Order may be obtained by contacting: Veloria Kelly, Division Director, Board of Accountancy, 240 N. W. 76th Dr., Suite A, Gainesville, Florida 32607.