The Board proposes the rule amendment to modify language to clarify and to bring into current usage provisions of the rule relating to the notice of non compliance and violations addressed by the rule.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Cosmetology

RULE NO.:RULE TITLE:

61G5-30.006Notice of Non Compliance

PURPOSE AND EFFECT: The Board proposes the rule amendment to modify language to clarify and to bring into current usage provisions of the rule relating to the notice of non-compliance and violations addressed by the rule.

SUMMARY: The rule amendment will modify language to clarify and to bring into current usage provisions of the rule relating to the notice of non-compliance and violations addressed by the rule.

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 Board 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, 455.225(3), 477.016 FS.

LAW IMPLEMENTED: 120.695, 455.225(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: Robyn Barineau, Executive Director, Board of Cosmetology, 1940 North Street, Tallahassee, Florida 32399-0783.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G5-30.006 Notice of Non Compliance.

(1) In accordance with Section 455.225(3), F.S., when a complaint is received, the agency may provide a licensee with a notice of non compliance for an initial offense of a minor violation. Failure of a licensee to take action in correcting the violation within 15 days after notice may result in the institution of regular disciplinary proceedings. “Minor violations” as used in Section 455.225(3), F.S., are defined as follows:

(a) through (c) No change.

(d) An initial offense and no other violations of Rule 61G5-20.002, F.A.C.

(2) In accordance with Chapter 95-402, Laws of Florida, the agency shall issue a notice of non compliance as first enforcement action against a licensee for a minor violation of a rule. Pursuant to Chapter 95-402, Section (2)(b), Laws of Florida, the Board designates the following rules for which a violation would be a minor violation of a rule for which a notice of non compliance is issued:

(a) through (c) No change.

(d) An initial offense and no other violations of Rule 61G5-20.002, F.A.C.

Rulemaking Specific Authority 120.695, 455.225(3), 477.016 FS. Law Implemented 120.695, 455.225(3) FS. History–New 1-1-96, Amended 10-1-97,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Cosmetology

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 8, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 3, 2012