Notice of Variances and Waivers
RULE NO: RULE TITLE64B3-5.002
NOTICE IS HEREBY GIVEN that on September 20, 2007, the Board of Clinical Laboratory Personnel has issued an order.
The Board (“Board”) of Clinical Laboratory Personnel, hereby gives notice that it has issued an Order Granting the Amended Petition for Variance or Waiver of Rule 64B3-5.002, F.A.C., filed by the Office of the Deputy Clerk on September 20, 2007. Petitioner, Karen Lowe filed an Amended Petition for Variance or Waiver of Rule 64B3-5.002, F.A.C., on August 3, 2007. On September 18, 2007, the Board held a telephone conference to consider Petitioner’s Amended Petition. Upon consideration of the Amended Petition filed in this cause, the Board has determined that the Amended Petition should be granted on the following grounds:
1. Section 120.542(2), Florida Statutes (2006), provides that “[v]ariances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate the principles of fairness fairness.”
2. Upon considering all of the Petitioner’s educational background and work history, the Board determined that the principles of fairness would be violated by requiring her to comply with the portion of Rule 64B3-5.002, F.A.C., at issue.
A copy of the Order may be obtained by contacting: Joe Baker, Jr., Executive Director, Board of Clinical Laboratory Personnel, at the above address.