To update and clarify language regarding citations and non-compliance notices.

Notice of Proposed Rule

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Barbers' Board

RULE NO.:          RULE TITLE:

61G3-21.009Citations

61G3-21.012Notice of Non-Compliance

PURPOSE AND EFFECT: To update and clarify language regarding citations and non-compliance notices.

SUMMARY:  Update and clarify language regarding citations and non-compliance notices.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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 these rules 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 because the changes are minor and the rules 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: 455.224, 476.064(4) FS.

LAW IMPLEMENTED: 455.224, 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, Barbers’ Board, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

61G3-21.009 Citations.

(1) through (3)(h) No change.

(i) Engaging in the practice of barbering with an inactive or delinquent license, in violation of Section 476.194(1)(a), F.S., shall result in a fine of $50 per month or part of a month, up to a maximum of $500 after which a disciplinary case shall be initiated and brought before the Board;

(j) through (7) No change.

Rulemaking Authority 455.224, 476.064(4) FS. Law Implemented 455.224, 477.204 FS. History–New 1-19-92, Amended 3-22-92, 2-18-93, Formerly 21C-21.009, Amended 6-16-94, 9-22-94, 8-21-95, 2-14-96, 11-6-97, 5-13-01, 9-20-05, 12-2-09, 2-26-15,_____.

 

61G3-21.012 Notice of Non-Compliance.

(1) As an alternative to the provisions of Section 455.225(1) and (2), F.S., the department may provide a licensee with a notice of non-compliance for an initial offense of a minor violation. Failure to correct the above violations within 15 days of receipt of the notice of non-compliance shall result in the institution of regular disciplinary proceedings. Minor violations that do not endanger the public health, safety and welfare and which do not demonstrate a serious inability to practice the profession are:

(a) Rule 61G3-18.001, F.A.C. – barber license renewal, provided the expiration date has not exceeded 30 days.

(b) Rule 61G3-19.015, F.A.C. – failure to post inspection report.

(c) Rule 61G3-19.009, F.A.C. – failure to laminate and properly display license as long as license is current.

(d) Rule 61G3-19.009, F.A.C. – failure to display picture on license.

(d)(e) Rule 61G3-19.012, F.A.C. – failure to post sanitation rules.

(e)(f) Rule 61G3-19.013, F.A.C. – failure to transfer ownership on license, provided the transfer has not exceeded 30 days.

(f)(g) Rule 61G3-19.011, F.A.C. – failure to maintain a portable fire extinguisher, provided the expiration date does not exceed 30 days.

(g)(h) Rule 61G3-19.011, F.A.C. – failure to immediately deposit towels in the proper receptacle, provided there is not an accumulation of towels.

Failure to correct the above violations within 15 days of receipt of the notice of non-compliance shall result in the institution of regular disciplinary proceedings.

(2) No change.

Rulemaking Authority 476.064(4) FS. Law Implemented 455.225(3) FS. History–New 12-22-94, Amended 2-14-96, 5-1-96, 11-6-97, 11-25-09,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Barbers’ Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbers’ Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 9, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 30, 2015