Notice of Variances and Waivers

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Accountancy
RULE NO: RULE TITLE
61H1-33.003: Continuing Professional Education
61H1-33.0031: Continuing Professional Education/Ethics
NOTICE IS HEREBY GIVEN that on April 09, 2009, the Board of Accountancy has issued an order.
The Order is regarding the Petition for Waiver or Variance, filed on October 10, 2008, by Edward B. Alexander. The Notice of Petition for Waiver or Variance was published in Vol. 34, No. 45, of the November 7, 2008, Florida Administrative Weekly. Petitioner sought a waiver or variance of Rule 61H1-33.0031, F.A.C., entitled “Continuing Professional Education/Ethics” which requires that a licensee complete four hours of Board-approved ethics continuing professional education in a reestablishment period. Petitioner also sought a waiver or variance of paragraphs 61H1-33.003(1)(a) and (b), F.A.C., entitled “Continuing Professional Education” which requires that in any given reestablishment period, at least 80 hours of CPE be earned and the licensee submit additional hours of CPE if they do not timely meet the initial requirements for CPE within their reestablishment period. The Board considered the instant Petition at a duly-noticed public meeting, held December 4, 2008, in Tallahassee, Florida.
The Board’s Order granted the petition finding that Petitioner established that the purpose of the underlying statute, Section 473.304, Florida Statutes, would be met by granting a variance or waiver from Rule 61H1-33.0031, F.A.C. The Board also found that Petitioner established that the purpose of the underlying statute, Section 473.312, Florida Statutes, would be met by granting a variance or waiver from paragraphs 61H1-33.003(1)(a) and (b), F.A.C. The Board further found that Petitioner established that the Board’s full application of the aforementioned rules to his circumstances would violate principles of fairness and impose substantial hardship.
A copy of the Order may be obtained by contacting: Veloria Kelly, Division Director, Board of Accountancy, 240 N. W. 76th Dr., Suite A, Gainesville, Florida 32607.