61G19-5.004: Final Orders
PURPOSE AND EFFECT: The purpose of this proposed rule change is to remove the requirement that the Chair sign all final orders.
SUBJECT AREA TO BE ADDRESSED: Final Orders.
SPECIFIC AUTHORITY: 468.606 FS.
LAW IMPLEMENTED: 455.225, 455.227, 468.621 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Robyn Barineau, Executive Director, Building Code Administrators and Inspectors Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
61G19-5.004 Final Orders.
(1) Final orders shall be effective upon filing with the Clerk of the Board.
(2) The Chair of the Board shall sign all final orders.
(2)(3) Administrative fines shall be paid within thirty (30) days of the final order at the Board address listed in subsection 61G19-1.002(1), F.A.C.
(3)(4) In cases where the Board imposes a civil penalty for violation of Chapter 455 or Part XIII of Chapter 468, F.S., or of the rules promulgated thereunder, the penalty shall be paid within thirty (30) days of its imposition by order of the Board, unless a later time for payment is specified in the Board’s Order. Moreover, unless otherwise addressed by the Board at hearings held pursuant to Section 120.57(2), F.S., whenever a fine is levied at said hearing the respondent who is fined shall have all certification to practice suspended with the imposition of the suspension being stayed for thirty (30) days. If the ordered fine is paid within said thirty (30) day period, the suspension imposed shall not take effect. Upon payment of the fine after the thirty (30) days, the suspension imposed shall be lifted. If the certificate holder does not pay the fine, within said period, then immediately upon expiration of the stay, he shall surrender his certificate(s) to an investigator of the Department of Business and Professional Regulation or shall mail said certificate(s) to the Board offices.
(4)(5) Failure to pay the penalty within the time specified in this rule or in the Board’s Order shall constitute grounds for disciplinary action against the certificate holder.
(5)(6) An action against any certificate issued within the purview of the board affects all certificates issued by the board.
(6)(7) The Board may reinstate a suspended certificate, or recertify a person whose certificate has been revoked, after review pursuant to Rule 61G19-5.005, F.A.C.
Rulemaking Specific Authority 468.606 FS. Law Implemented 120.59, 455.224, 455.227, 468.621 FS. History–New 5-23-94, Amended________.