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Florida Administrative Code (Last Updated: July 17, 2024) |
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64. Department of Health |
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64B6. Board of Hearing Aid Specialists |
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64B6-7. Complaints, Investigations, Probable Cause Determination, Disciplinary Guidelines |
1(1) Definitions. As used in this rule:
8(a) “Citation” means an instrument which meets the requirements set forth in Section 21456.077, F.S., 23and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule;
44(b) “Subject” means the licensee, trainee, or applicant alleged to have committed a violation designated in this rule.
62(2) In lieu of the disciplinary procedures contained in Section 72456.073, F.S., 74the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation.
109(3) The Board hereby designates the following as citation violations which shall result in a penalty of two hundred and seventy-five dollars ($275.00):
132(a) Violation of Section 136484.0501(6), F.S. 138(Audiometric testing room requirements and waiver);
144(b) Violation of Section 148484.051(1), F.S. 150(Failure to provide itemized price list when requested);
158(c) Violation of Rule 16264B6-6.003, 163F.A.C. (Audiometric Testing);
166(d) Violation of Rule 17064B6-6.004, 171F.A.C. (Certified Testing Room);
175(e) Failure to take action to correct a minor violation within 15 days after receiving a notice of noncompliance pursuant to Rule 19764B6-7.006, 198F.A.C.
199(f) Violation of Rule 20364B6-5.001, 204F.A.C. (Continuing Education);
207(g) Violation of Rule 21164B6-5.003, 212F.A.C. (Continuing Education Attendance);
216(h) Violation of subsection 22064B6-6.008(4), 221F.A.C. (Regular Place of Business Requirements; Advertising Requirements);
229(i) Failure to timely pay required fees and fines.
238(j) Failure to comply with advertising requirements, including Section 247456.062, F.S.
249(4) Citations shall be issued for the first time offense of those violations enumerated in subsection (3). Failure to comply with the citations and remedy the violations within 60 days of the date of the citation shall result in disciplinary action being taken against the licensee.
295(5) If the subject does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation becomes a public final order and does not constitute discipline for a first offense, but does constitute discipline for a second or subsequent offense.
344Rulemaking Authority 346456.077, 347484.044 FS. 349Law Implemented 351456.077 FS. 353History–New 10-21-91, Formerly 21JJ-7.010, Amended 11-21-94, Formerly 61G9-7.010, Amended 9-24-97, 5-19-05, 2-10-09, 3-2-22.
