64B27-2.002: Notice of Noncompliance for Minor Violations
64B27-2.003: Citation Authority
PURPOSE AND EFFECT: To update, modify, and eliminate discrepancies between the rules and the governing statute.
SUMMARY: Rule 64B27-2.002, F.A.C., is updated to correct clerical errors and provides for a notice of noncompliance for timely failure to renew registration provided that the lab was not operating without a registration. Rule 64B27-2.003, F.A.C., is amended to include, as citation violations, operating on a delinquent license and failure to timely complete the new statutory continuing education requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A SERC has been prepared by the agency and it has determined that this 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: 120.695, 456.073(3), 456.077 FS.
LAW IMPLEMENTED: 120.695, 456.072(4), 456.073(3), 456.077 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: Sue Foster, Executive Director, 4052 Bald Cypress Way, Bin #C85, Tallahassee, Florida 32399-3285
THE FULL TEXT OF THE PROPOSED RULE IS:
64B27-2.002 Notice of Noncompliance for Minor Violations.
In accordance with Sections 456.073 and 120.695, F.S., Tthe Department Board shall issue a notice of noncompliance as a first response to a minor violation of a rule. Failure of the registration certificate holder to take action to correct the violation within 15 days shall result in either the issuance of a citation when appropriate or the initiation of regular disciplinary proceedings. The minor violations which result in a notice of noncompliance are:
(1) Failure to notify of a change of address within 30 days as required by Section 466.034, F.S.
(2) Failure to renew registration by the February 28 biennial renewal date provided that the establishment was not in operation without an active registration delinquency fee is paid within 2 months of the date by which renewal was required under Section 466.032, F.S.
Rulemaking Specific Authority 120.695, 456.073(3) FS. Law Implemented 120.695, 456.073(3), 466.032 FS. History–New 3-28-05, Amended_______.
64B27-2.003 Citation Authority.
(1) Unless otherwise specified, all citation violations must be corrected within 60 days. Pursuant to Section 456.077, F.S., the Department describes those violations for which there is no substantial threat to the public health, safety, and welfare and the penalties to be imposed. All citations require the subject to correct the violation, if remediable, within a specified period of time not to exceed 60 days. If the violation is not corrected, or is disputed, the Department shall follow the procedure set forth in Section 456.073, F.S. In addition to any administrative fine imposed, the Respondent shall pay the costs of investigation.
(2) The following violations with accompanying penalty may be disposed of by citation with the specified penalty:
(a) Failure to notify of a change of address within 30 days as required by Section 466.034, F.S., $100 fine.
(b) Operating on a delinquent license Failure to renew registration provided that the renewal and delinquency fee is paid within 2 months of the date by which renewal was required under Section 466.032, F.S., $200 $100 fine.
(c) Advertising or operating a laboratory under the name of another laboratory under Section 466.028(1)(e), F.S., $200 fine.
(d) Failure to maintain on the premises a copy of the laboratory registration provided that the laboratory is properly registered under paragraph 64B27-1.001(2)(c), F.A.C., $150 fine.
(e) Failure to maintain on the premises a written policy and procedure on sanitation under paragraph 64B27-1.001(2)(e), F.A.C., provided that this required policy document is provided to the inspector within 20 days, $150 fine.
(f) A single instance of waste materials not being disposed of properly under paragraph 64B27-1.001(2)(b), F.A.C., $100 fine.
(g) Failure of the owner or a designated employee to complete five or fewer hours of approved required continuing education courses within the biennium. $200 fine.
(h) Failure of the owner or a designated employee to complete six to 18 hours of approved required continuing education courses within the biennium $500 fine.
(3) Citations shall be issued to licensee by the Bureau of Investigative Services only after review by Department legal staff. Such review may be by telephone, in writing, by facsimile, or by e-mail.
(3)(4) When an initial violation for which a citation could be issued occurs in conjunction with a violation for which a citation could not be issued, the procedures of Section 456.073, F.S., shall apply.
(5) The registration certificate holder has 30 days from the date the citation becomes a final order to pay any fine imposed and costs. All fines and costs are to be made payable and mailed to the Department. A copy of the citation shall accompany the payment of the fine and costs.
Rulemaking Specific Authority 456.077 FS. Law Implemented 456.072(4), 456.077, 466.032 FS. History–New 3-28-05, Amended_______.