Granting a Petition for Waiver or Variance of Rule 64B12-9.016, F.A.C., filed by the Office of the Deputy Clerk on May 23, 2007. Petitioner Scott K. Seiler filed a Petition for Variance or Waiver of Rule 64B12-9.016, F.A.C., on February 19, 2007. ...

 

DEPARTMENT OF HEALTH
Board of Opticianry

RULE NO: RULE TITLE
64B12-9.016: Eligibility of Individuals Licensed in Another State

NOTICE OF AMENDMENT – The Board of Opticianry hereby gives notice that it has issued an Order of Intent to Grant Petition for Waiver or Variance of Rule 64B12-9.016, F.A.C., filed by the Office of the Deputy Clerk on May 23, 2007. Petitioner Scott K. Seiler filed a Petition for Variance or Waiver of Rule 64B12-9.016, F.A.C., on February 19, 2007. The Board reviewed the Petition at its meeting held on March 5, 2007, in Jacksonville, Florida. The Board’s Order of Intent to Grant Petition for Waiver or Variance, filed in this cause determined that the Petition for Variance or Waiver should be granted on the following grounds:

1.              The Petitioner seeks a waiver of Rule 64B12-9.016, Florida Administrative Code. Specifically, Petitioner seeks waiver of the rule that states that applicants, who practiced out of state, can only apply for examination within two years of ceasing to practice.

2.              Section 120.542(2), Florida Statutes, provides that a petitioner seeking a variance or waiver from a particular administrative rule must show that he or she has met the purpose of the statute underlying the rule from which waiver is sought by some other means and that the application of the rule in question creates a substantial hardship or violates principles of fairness before the agency can grant such petition.

3.              The Petitioner has demonstrated that he is entitled to sit for the examination due to family illness, which the Board considered an extenuating circumstance.

A copy of the Petition and the Board’s Order of Intent to Grant Petition for Waiver or Variance may be obtained by contacting the Board of Opticianry, Sue Foster, Executive Director, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.