The Board proposes the rule amendment in order to clarify language concerning the probable cause panel.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Appraisal Board

RULE NO: RULE TITLE
61J1-1.009: Probable Cause Panel
PURPOSE AND EFFECT: The Board proposes the rule amendment in order to clarify language concerning the probable cause panel.
SUBJECT AREA TO BE ADDRESSED: Probable Cause Panel.
SPECIFIC AUTHORITY: 455.225, 475.614 FS.
LAW IMPLEMENTED: 455.225 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Thomas O’Bryant, Jr., Deputy Director, Division of Real Estate, 400 West Robinson Street, Hurston Building, North Tower, Suite N801, Orlando, Florida 32801

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

61J1-1.009 Probable Cause Panel.

(1) The determination of probable cause panel shall determine if probable cause exists that a registrant, licensee, certificate holder, or permit holder or the subject of the investigation has violated the Real Estate Appraisal License Law, Part II, Chapter 475, Florida Statutes, or any of the board’s rules or orders, shall be made by the probable cause panel of the board and regulations.

(2) There may be multiple two probable cause panels of the board. The probable cause panels shall be composed of two members which shall constitute a quorum. The members of the panel shall be appointed by the chairperson of the board and shall serve for the period directed by the chairperson. As provided in Section 455.225(4), Florida Statutes, one of the panel members may be a former member of the board, one must be a present member of the board, and one must be a former or present consumer member, if one is available, willing to serve, and is authorized to do so by the chairperson. Panel members shall not participate in the determination and issuance of the final order to be rendered in each disciplinary case.

Rulemaking Specific Authority 455.225, 475.614 FS. Law Implemented 455.225 FS. History–New 10-15-91, Formerly 21VV-1.009, Amended 8-8-93, 1-29-95, 7-2-95, 1-8-06, 12-4-06,________.