The Petition for Variance filed by Edward A. Bayo, Esq. on behalf of Laura Hernandez, D.D.S. The Notice of Petition for Variance was published in Vol. 36, No. 10, of the March 12, 2010, Florida Administrative Weekly. The Board considered the ...

DEPARTMENT OF HEALTH
Board of Dentistry

RULE NO: RULE TITLE
64B5-2.013: Dental Examination Requirements and Grading.

The Board of Dentistry hereby gives notice of the issuance of an Order regarding the Petition for Variance filed by Edward A. Bayo, Esq. on behalf of Laura Hernandez, D.D.S. The Notice of Petition for Variance was published in Vol. 36, No. 10, of the March 12, 2010, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on April 9, 2010. The petition requested a waiver or variance from the requirement imposed by paragraph 64B5-2.013(3)(i), F.A.C., as to an applicant who fails to pass the Practical or Clinical Examination in three (3) attempts, the applicant shall not be eligible for reexamination unless she or he completes additional education requirements as specified by the Board.

The Board’s Order, filed on May 6, 2010, denies the Petition for Variance or Waiver, finding that Petitioner has complied with the requirements of Section 120.542(2), Florida Statutes. Specifically, Petitioner has not demonstrated how the purpose of the underlying statute has been achieved or will be achieved by other means. Additionally, Petitioner has not demonstrated that strict application of paragraph 64B5-2.013(3)(i), Florida Administrative Code, would create a substantial hardship or violate principles of fairness within the meaning of Section 120.542(2), Florida Statutes. Based upon the foregoing, the Board determined that Petitioner is not eligible for a waiver or variance of paragraph 64B5-2.013(3)(i), F.A.C.

A copy of the Board’s Order may be obtained by contacting: Sue Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.