The Board proposes the rule amendment to give the Department the authority to determine probable cause when the Board Chairman is unable to appoint a probable cause panel, allowing disciplinary cases to move forward.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Employee Leasing Companies

RULE NO.: RULE TITLE:

61G7-2.002 Probable Cause Panel

PURPOSE AND EFFECT: The Board proposes the rule amendment to give the Department the authority to determine probable cause when the Board Chairman is unable to appoint a probable cause panel, allowing disciplinary cases to move forward.

SUMMARY: The rule amendment will delegate the determination of probable cause to the Department when the Board Chairman is unable to appoint a probable cause panel.

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: 455.225, 468.522 FS.

LAW IMPLEMENTED: 455.224, 455.225 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.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61G7-2.002 Probable Cause Panel

(1) The chairman shall appoint two current or former members of the Board to serve on the probable cause panel (hereinafter referred to as the “panel”). The panel shall include at least one current member of the Board. Such appointment shall be for six months. The determination of probable cause shall be made by majority vote of the panel. In the event of a tie vote or if the panel cannot otherwise determine the existence of probable cause, the presiding member of the panel shall so advise the general counsel of the Department in writing.

(2) Notwithstanding subsection (1), when the chairman is unable to appoint a probable cause panel, the board delegates to the department the authority to determine probable cause.

 Rulemaking Specific Authority 455.225(4), 468.522 FS. Law Implemented 455.224, 455.225(4), 455.227(1), 468.532(1) FS. History–New 4-29-92, Formerly 21EE-2.002, Amended 2-12-98, _________.

 

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: June 29, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 17, 2016