64B8-55.0021: Discipline of Electrolysis Facilities
PURPOSE AND EFFECT: To provide stronger penalty options for disciplining electrolysis facilities.
SUMMARY: To provide stronger penalty options for disciplining electrolysis facilities.
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 this rule at its Council meeting, the Council, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary. No person or interested party submitted additional information regarding the economic impact at that time. The Council has determined that this will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule. These rule amendments will not require ratification by the Legislature.
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: 456.037, 478.43(1) FS.
LAW IMPLEMENTED: 456.072(2)(b), (c), (d), 456.037, 478.52(1)(k), (2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Electrolysis Council, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3258
THE FULL TEXT OF THE PROPOSED RULE IS:
64B8-55.0021 Discipline of Electrolysis Facilities.
Any business establishment that provides electrolysis services must have an active status license in order to provide such services. Failure to obtain and maintain an active status license as a licensed electrolysis facility pursuant to Rule 64B8-51.006, F.A.C., shall be subject to discipline as follows:
(1) A business establishment offering electrolysis services without an active status license shall:
(a) through (b) No change.
(c) Pay a fine equal to all licensure and renewal fees that would have been due for the time of operation without an active status license up to a maximum of $ 5,000 or denial of license.
(2) Any electrolysis facility with an active status license that employs or permits an unlicensed person to deliver electrolysis services shall be subject to discipline as follows:
(a) No change.
(b) The facility licensure shall be suspended or revoked for up to one year;
(c) No change.
Rulemaking Specific Authority 456.037, 478.43(1) FS. Law Implemented 456.072(2)(b), (c), (d) 456.037, 478.52(1)(k), (2) FS. HistoryNew 3-1-00, Amended________.
