The purpose and effect of the proposed rule amendments are to update and revise Rules 61E1-2.001, .005, and .006, F.A.C., to clarify existing language, incorporate forms by reference, and remove unnecessary language.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Miscellaneous Businesses and Professions - Asbestos Consultants/Asbestos Consultant Examination

RULE NOS.:RULE TITLES:

61E1-2.001Written Examination; General Requirements

61E1-2.005Re-examination

61E1-2.006Asbestos Training Courses and Providers

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments are to update and revise Rules 61E1-2.001, .005, and .006, F.A.C., to clarify existing language, incorporate forms by reference, and remove unnecessary language.

SUMMARY: The proposed rulemaking amends Rules 61E1-2.001, .005, .006, F.A.C., in order to update and revise the rules to clarify existing language, incorporate forms by reference, and remove unnecessary language.

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: the economic review conducted by the Agency.

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: 455.2035, 455.213, 455.2123, 455.217, 455.2178, 469.008, 469.011, 469.014, FS.

LAW IMPLEMENTED: 455.213, 455.217, 455.2171, 469.005, 469.007, 469.008, 469.014, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61E1-2.001 Written Examination; General Requirements.

A written examination shall be given and passed prior to any applicant receiving a license to practice as an asbestos consultant or an asbestos contractor as provided in Chapter 469, F.S. An applicant seeking take the written asbestos examination shall submit a completed application on Form DBPR ALU 6, Asbestos Examination Application, effective April 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, together with the appropriate fee as specified in Rule 61E1-3.001, F.A.C.  The form can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399. The examination shall be provided by the Department pursuant to Section 455.217, F.S., or a computer based testing vendor approved by the Department. The written examination shall consist of one day (approximately 8 hours). Examinations are closed book and, the use of notes and reference books is prohibited. All materials including pens and pencils are to be furnished by the applicant. The examination security requirements as set forth by the Department in Rule 61-11.014, F.A.C., shall be followed throughout the administration of the examination.

Rulemaking Authority 455.2035, 455.213, 455.217, 469.008, 469.011 FS. Law Implemented 455.213, 455.217, 455.2171, 469.005(6), 469.008 FS. History–New 2-15-89, Formerly 21-23.001, Amended 3-23-04,_____ .

 

61E1-2.005 Re-examination.

An individual who fails to pass the examination may take the applicable examination two (2) additional times before having to submit an application for re-examination on Form DBPR ALU 6, Asbestos Examination Application, as incorporated by reference in Rule 61E1-2.001, F.A.C., together with the required  upon payment of the proper re-examination fee as specified in Rule 61E1-3.001, F.A.C at a regularly scheduled examination date. An individual who has passed one of the two sections of the Asbestos Contractor examination shall be given credit for the part passed. If an applicant fails to take or appear for an examination he shall be required to submit a new application and pay the required fee.

Rulemaking Authority 455.2035, 455.213, 455.217, 469.008, 469.011  FS. Law Implemented 455.213, 455.217, 469.005, 469.007, 469.008  FS. History–New 2-15-89, Amended___, Formerly 21-23.005.

 

61E1-2.006 Asbestos Training Courses and Providers.

(1) Each training course provider must be approved by the Department as a course provider and each training course must be approved by the Department. Provider and course approvals are valid for four (4) years until May 31st of  every other odd numbered year  years and must be renewed prior to expiration. Applications for course provider and training course approval must be submitted using Form DBPR ALU 7, “Application for Education Course Provider”, effective December 2012, incorporated and adopted herein, which may be found at https://www.flrules.org/Gateway/reference.asp?No=Ref-02482, together with the appropriate fee as specified in Rule 61E1-3.001, F.A.C. Applications for training course approval must be submitted using Form DBPR ALU 8, “Education Course Application”, effective December 2012, incorporated and adopted herein, which may be found at https://www.flrules.org/Gateway/reference.asp?No=Ref-02483, together with the appropriate fee as specified in Rule 61E1-3.001, F.A.C. The forms form may be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0767 or at www.myfloridalicense.com http://www.myflorida.com/dbpr/pro/forms/asbest/. Any substantial change in the course content will require the provider to reapply to the Department for approval.

(2) through (11) No change.

Rulemaking Authority 455.2035, 455.213, 455.2123, 455.2178, 469.011, 469.014 FS. Law Implemented 455.213, 455.2178, 469.008, 469.014 FS. History–New 5-12-93, Formerly 21-23.006, Amended 8-17-94, 11-24-97, 3-23-04, 12-28-05, 2-5-13,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Halsey Beshears, Secretary, Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 29, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 16, 2019.