The Board is creating the rule to set out violations that warrant a Notice of Non-Compliance.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Professional Geologists

RULE NO.:RULE TITLE:

61G16-9.002Notices of Non-Compliance

PURPOSE AND EFFECT: The Board is creating the rule to set out violations that warrant a Notice of Non-Compliance.

SUMMARY: Identify violations that warrant a Notice of Non-Compliance.

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 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: 120.695(2)(b), 492.104 FS.

LAW IMPLEMENTED: 455.225(3)(a), 492.113(2), (3) 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: Richard Morrison, Executive Director, Board of Professional Geologists, 2601 Blair Stone Road, Tallahassee, FL 32399-0767, N11, or by electronic mail - [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61G16-9.002: Notices of Non-Compliance

(1) As an alternative to investigation and prosecution, when a complaint is received, the Board shall provide a licensee with a notice of non-compliance for an initial offense for the following violations which are designated as minor violations for the purposes of Section 455.225(3), Florida Statutes.:

(a) Violation of Section 492.109, F.S. Failure to file changes of address with the Department.

(b) Violation of Section 492.111(1), F.S. Failure of business enterprise to have name and license number of current geologist of record on file with the Department.

(2) The designation of violations as minor for the purposes of Section 455.255(3), Florida Statutes, is limited to initial violations.

 

Rulemaking Authority 120.695(2)(b), 492.104 FS. Law Implemented 455.225(3)(a), 492.113(2), (3) FS History–New _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Professional Geologists

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Professional Geologists

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 25, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 24, 2017