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.
SUMMARY: Language concerning the probable cause panel will be clarified.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board has determined that the proposed rule will not have an impact on small business.
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.
SPECIFIC AUTHORITY: 455.225, 475.614 FS.
LAW IMPLEMENTED: 455.225 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Thomas O’Bryant, Jr., Director, Division of Real Estate, 400 West Robinson Street, Hurston Building, North Tower, Suite N801, Orlando, Florida 32801

THE FULL TEXT OF THE PROPOSED RULE 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,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Real Estate Appraisal Board
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Real Estate Appraisal Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 30, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 16, 2010