64B8-44.005: Citations
PURPOSE AND EFFECT: The proposed rule amendment will be to change the language so that continuing education and fines are due at the same time.
SUMMARY: The proposed rule amendment will require licensees to complete continuing education and pay fines, or face a possible citation.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost was prepared. There are more than 3500 licensed dietitians/nutritionists and less than 200 nutrition counselors in the State of Florida that would be impacted by the rule amendment. The proposal would affect these practitioners only in requiring that continuing education and fines where applicable, will be due at the same time. No additional transactional costs will be incurred by these practitioners. The agency will not incur any additional costs.
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: 456.077, 468.507 FS.
LAW IMPLEMENTED: 456.077, 468.517, 468.518 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: Allen Hall, Executive Director, Dietetics and Nutrition Council/MQA, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255
THE FULL TEXT OF THE PROPOSED RULE IS:
64B8-44.005 Citations.
(1) through (4)(e)1. No change.
2. Licensee must submit full payment of the fine and costs within three months of the date the citation was issued.
3.2. Licensee must provide proof of completion of the deficient hours within three (3) months 90 days of the date the citation was issued filed.
(f) Failure to respond timely to a continuing education audit – a fine of $100, and licensee must provide proof of compliance with continuing education requirements within one (1) month 30 days of the date the citation was issued filed.
(g) Failure to timely pay required fees and fines – a fine of $100.
(h) Failure to comply with advertising requirements – a fine of $100.
(i) Failure to display signs, licenses, and permits – a fine of $100.
(4)(5) In addition to the penalties established in this rule, the Department may recover the costs of investigation in accordance with its rules. When the Department intends to assess the costs of investigation, the penalty specified in the citation shall be the sum of the penalty established by this rule plus the Department’s cost of investigation.
(5)(6) If the subject disputes any matter contained in the citation, within thirty days after service, the Department shall follow the procedure set forth in Section 456.073, F.S. Otherwise, the citation shall become a final order of the Board.
Rulemaking Authority 456.077, 468.507 FS. Law Implemented 456.077, 468.517, 468.518 FS. History–New 1-1-92, Formerly 21M-50.005, 61F6-50.005, 59R-44.005, Amended 9-26-01, 3-25-02, 7-17-05, 4-10-06, 7-8-09,_________.