The Board proposes the rule amendment to clarify language regarding determination of probable cause.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Construction Industry Licensing Board

RULE NO.:RULE TITLE:

61G4-12.010Probable Cause Panel

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify language regarding determination of probable cause.

SUMMARY: Language will be clarified regarding determination of probable cause.

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: 489.108 FS.

LAW IMPLEMENTED: 489.111 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: Daniel Biggins, Executive Director, Construction Industry Licensing Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-1039.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G4-12.010 Probable Cause Panel.

(1) The determination as to whether probable cause exists to believe that a violation of the provisions of Part I, Chapter 489, F.S., Chapter 455, F.S., or the rules promulgated thereunder, has occurred shall be made by a unanimous vote of the appropriate probable cause panel unless the probable cause determination is made by the Department pursuant to subsection (7).

(2) through (6) No change.

(7) The Department may make the determination as to probable cause for any case it investigates or may defer such determination to the Board’s probable cause panel. In a case where the Department defers the determination of probable cause to the expertise of the Board’s probable cause panel, the Department will not further exercise the determination of probable cause as to that case or as to any other case arising out of the same transaction or occurrence. Rather, the Department will continue to defer the probable cause determinations and/or dismissal decisions over the respective case to the Board’s probable cause panel. The Board reserves to its probable cause panels the sole authority to find probable cause for the purpose of authorizing the filing of an administrative complaint, except as provided in Section 489.131(7)(c), F.S.

(8) Notwithstanding the provisions of subsections (1) and (7) above, the Board hereby delegates to the Department the determination of probable cause when the only charge that otherwise would go before the probable cause panel is that of failure to satisfy a judgment pursuant to Section 489.129(1)(q), F.S. (1998 Supp.) Should the Department’s investigation support charges in addition to the failure to satisfy a judgment pursuant to Section 489.129(1)(q), F.S. (1998 Supp.), the case shall be presented to the probable cause panel for a determination of probable cause.

Rulemaking Specific Authority 455.225 FS. Law Implemented 455.225(3), (4), 489.129(1)(q) FS. History–New 10‑18‑79, Formerly 21E‑1.41, Amended 1‑6‑80, 5‑11‑80, Formerly 21E‑12.10, Amended 4‑12‑88, 12‑21‑92, Formerly 21E‑12.010, Amended 11‑25‑97, 11-29-99,                       .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Construction Industry Licensing Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Construction Industry Licensing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 12, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 27, 2019