of the issuance of a Notice of Intent to Deny the Petition for Waiver or Variance filed on March 10, 2014, by Ashley Setterberg, O.D. The Notice of Petition for Variance or Waiver was published in Volume 40, No. 50, of March 13, 2014, Florida ...

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NO.:RULE TITLE:

64B13-4.001Examination Requirements

The Board of Optometry hereby gives notice of the issuance of a Notice of Intent to Deny the Petition for Waiver or Variance filed on March 10, 2014, by Ashley Setterberg, O.D. The Notice of Petition for Variance or Waiver was published in Vol. 40, No. 50, of the March 13, 2014, Florida Administrative Register. The Petitioner was requesting a permanent waiver or variance of subsection 64B13-4.001(2), F.A.C., entitled, “Examination Requirements,” with regards to the licensure requirements that a passing score on Part I of the licensure examination must be obtained within the seven year period immediately preceding application to take Part IV of the licensure examination. The Board considered the instant petition at a duly-noticed public meeting, held on March 21, 2014, by telephone conference call.

The Board’s Order, filed on April 3, 2014, denied the petition finding that Petitioner had failed to establish that the purpose of the underlying statute, Section 463.006, Florida Statutes, would be met by granting a variance from subsection 64B13-4.001(2), F.A.C. The Board further found that Petitioner failed to establish that applying the requirements of the aforementioned rule to her circumstances would violate principles of fairness and impose substantial hardship.

A copy of the Order or additional information may be obtained by contacting: Adrienne Rodgers, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257.