The rule is updated to comply with statutory changes to Section 120.695 and to identify an additional minor violation.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Employee Leasing Companies

RULE NO.:RULE TITLE:

61G7-7.003Notice of Non-compliance

PURPOSE AND EFFECT: The rule is updated to comply with statutory changes to Section 120.695, F.S. and to identify an additional minor violation.

SUMMARY: The introductory paragraph is amended to be consistent with Sections 120.695 and 455.225(3); F.S., subsection (1) is updated to include reference to Rule 61G7-10.002; F.A.C. and subsection (5) is added designating controlling person notification as a minor violation.

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: 120.695, 455.225(3), 468.522 FS.

LAW IMPLEMENTED: 120.695, 455.225(3) 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: Richard Morrison, Executive Director, Board of Employee Leasing Companies, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G7-7.003 Notice of Noncompliance Non-compliance.

In accordance with Section 120.695, F.S., the Department shall issue a notice of noncompliance non-compliance as a first enforcement action against a licensee for a minor violation of a rule. Pursuant to Sections 120.695 and 455.225(3), F.S. Florida Statutes, the Board designates the following rules for which a violation would be a minor violations of a rule for which a notice of non-compliance is issued:

(1) Failure to notify the Board within 30 days of cChange of address, in violation of Rule 61G10.002(2)(i) and (3), F.A.C., and Section 468.532(1)(j), F.S.

(2) Failure to post license in conspicuous place, in violation of Section 468.530(2), F.S.

(3) Engagement in the business under any name other than that specified on license, in violation of Section 468.530(3), F.S.

(4) Failure to include the employee leasing company license number in advertisements as required by defined in Rule 61G7-11.001(3), F.A.C., and in violation of Section 468.530(4), F.S.

(5) Failure of the employee leasing company or the controlling person to notify the Board within a 90 day period that a controlling person has ceased performing controlling person duties, as long as at least one controlling person remains licensed at the employee leasing company, as required by Rule 61G7-10.002(2)(g),(h) and (3), F.A.C.

Rulemaking Specific Authority 120.695, 455.225(3), 468.522 FS. Law Implemented 120.695, 455.225(3) FS. History–New 2-29-96, Amended 1-25-98;    -   -17.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Employee Leasing Companies

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Employee Leasing Companies

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 20, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 10, 2017