The proposed rulemaking seeks to amend Rule 61-6.010, F.A.C., in order to revise rule language to add an additional method of noticing licensee’s selected for random audits of license renewal requirements.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.:RULE TITLE:

61-6.010 Random Audit of License Renewal Requirements

PURPOSE AND EFFECT: The proposed rulemaking seeks to amend Rule 61-6.010, F.A.C., in order to revise rule language to add an additional method of noticing licensee’s selected for random audits of license renewal requirements.

SUMMARY: Within the provided paragraph the Department proposes to adopt Rule 61-6.010 to adopt the revised rule language.

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: the economic review conducted by the Agency.

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: 455.203(5), 455.2177, FS

LAW IMPLEMENTED: 455.203, 455.2177, 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: Aimee Odom, Rules Coordinator, Division of Professions, 2601 Blair Stone Road, Tallahassee, Florida 32399-0760, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-6.010 Random Audit of License Renewal Requirements.

(1) No change.

(2) Each licensee randomly selected for audit shall be so notified by email or regular mail, and each selected licensee shall ensure that the Department receives all documentation specified by the Department no later than twenty-one (21) days from the licensee’s receipt of notice.

(3) If a letter of notification is returned to the Department because of an incorrect email or mailing address, the Department shall attempt again to notify the licensee after making a reasonable effort to determine the licensee’s correct email or mailing address. The licensee so notified shall ensure that the Department receives all documentation specified by the Department no later than twenty-one (21) days from the licensee’s receipt of notice.

(4) If a letter of notification sent to the licensee by regular mail is returned to the Department unclaimed or refused, the Department shall by certified mail attempt to notify the licensee of the information contained in the original mailing. The licensee so notified shall ensure that the Department receives all documentation specified by the Department no later than twenty-one (21) days from the licensee’s receipt of notice.

(5) If a licensee’s documentation of compliance with the requirements for license renewal is not sufficient, the Department shall notify the licensee, by email or regular mail, of the deficiencies, and the licensee shall ensure that the Department receives all documentation specified by the Department no later than twenty-one (21) days from the licensee’s receipt of notice.

(6) No change.

(7) The Department may take whatever action is appropriate against any licensee selected for audit who:

(a) Has not kept the Department informed of an accurate mailing and email address,

(b) Does not cooperate in the audit, or

(c) The audit reveals has not met the requirements for license renewal.

Rulemaking Authority 455.203(5), 455.2177 FS. Law Implemented 455.203, 455.2177 FS. History–New 2-10-93, Formerly 21-6.020________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Aimee Odom, Rules Coordinator, Division of Professions, 2601 Blair Stone Road, Tallahassee, Florida 32399-0760, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Julie I. Brown, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 6/14/2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 13, 2021 (v. 47, n. 93)