Notice is hereby given that the Department of Highway Safety and Motor Vehicles issued an Order Granting Rule Variance or Waiver under Section 120.542, Florida Statutes, on January 28, 2008, to Marilyn Price. The petition requesting the variance or ...

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Driver Licenses

RULE NO: RULE TITLE
15A-10.026: Certificates of Completion and Student Status Report, HSMV Form 77057

NOTICE IS HEREBY GIVEN THAT on January 28, 2008, the Department of Highway Safety and Motor Vehicles has issued an order.

Notice is hereby given that the Department of Highway Safety and Motor Vehicles issued an Order Granting Rule Variance or Waiver under Section 120.542, Florida Statutes, on January 28, 2008, to Marilyn Price. The petition requesting the variance or waiver was received by DHSMV on October 28, 2007. Notice of receipt of the petition requesting the waiver was published in Vol. 33, No. 47, of the F.A.W., on November 21, 2007. No public comment was received. The Petitioner sought a variance from or waiver of subsection 15A-10.026(2), Florida Administrative Code, which states as follows:

In regards to Certificates of Completion and Student Status Report, HSMV Form 77057, education and evaluation components shall be completed within 90 days of enrollment. If a client fails to complete either or both of the components by the end of that 90 day period, the program shall submit the Student Status Report, HSMV Form 77057 to the Department indicating that the client has failed to complete DUI. If a client returns to the program more than 90 days after the original enrollment to complete the program, the client shall be required to pay the entire registration fee and complete both the education and evaluation components.

The Order rules that the Petitioner's employment and unique family responsibilities, positive feedback from the DUI Program as well as her participation at the Florida Detoxification Center demonstrates that the strict application of the rule will impose a significant hardship in her circumstances and that the underlying purpose of the applicable statutes will be served by granting the variance or waiver of subsection 15A-10.026(2), Florida Administrative Code. The Order grants the Petition for Variance or Waiver from the rule and directs the Petitioner to complete the evaluation component within 30 days of the date of the order.

A copy of the Order may be obtained by contacting: Mark J. Hiers, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Neil Kirkman Building, 2900 Apalachee Parkway, Room A432, Tallahassee, Florida 32399.