The Notice of Petition for Variance was published in Volume 33, No. 50, of the December 14, 2007, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on December 7, 2007, in Ft. Lauderdale, Florida. ...

 

DEPARTMENT OF HEALTH
Board of Dentistry

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

NOTICE OF AMENDMENT – The Board of Dentistry hereby gives notice of the issuance of an Order regarding the Petition for Variance for Allyn Segelman, D.M.D, S.M. The Notice of Petition for Variance was published in Vol. 33, No. 50, of the December 14, 2007, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on December 7, 2007, in Ft. Lauderdale, Florida. An Order Denying Petition for Variance or Waiver was filed January 4, 2008. The Respondent verbally declined to amend his Petition and waived his right to a Section 120.57(1), F.S., hearing requesting to be heard by the Board for a hearing not involving disputed issues of material fact pursuant to Section 120.57(2), Florida Statutes at their March 7, 2008 meeting. The matter came before the Board of Dentistry at a duly-noticed public meeting on March 7, 2008, in Tampa, Florida, pursuant to Section 120.57(2), Florida Statutes. Petitioner requested a waiver or variance from the grading scheme provided for in Rule 64B5-2.013, F.A.C.

The Board’s Final Order, filed on March 26, 2008, grants the Petition for Variance or Waiver for this very unique case, finding that 1) Petitioner has complied with the requirements of Section 120.542(2), Florida Statutes, in that he demonstrated that the purpose of the underlying statute, Section 466.006, Florida Statutes, will be achieved by other means. This conclusion was supported by information provided in his Petition for Variance or Waiver, the Petition for Hearing, his testimony at the December 7, 2007 hearing and his testimony at the March 7, 2008 hearing; 2) Petitioner demonstrated that in this very unique situation, strict application of Rule 64B5-2.013, Florida Administrative Code, would create a substantial hardship. The Board made this conclusion based on from information provided in the Petition for Variance or Waiver, the Petition for Hearing, his testimony at the December 7, 2007 hearing, his testimony at the March 2008 hearing and the supplemental information he provided to the Board; 3) The Board concluded that Petitioner demonstrated that in his very unique situation, strict application of Rule 64B5-2.013, Florida Administrative Code, would violate the principles of fairness. The Board based this conclusion on information provided in the Petition for Variance or Waiver, the Petition for Hearing, his testimony at the December 7, 2007 hearing, his testimony at the March 7, 2008 hearing and the supplemental information he provided to the Board.

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