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.
SUMMARY: The rule will remove the requirement that the Chair sign all final orders.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 468.606 FS.
LAW IMPLEMENTED: 455.225, 455.227, 468.621 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: Robyn Barineau, Executive Director, Building Code Administrators and Inspectors Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750
THE FULL TEXT OF THE PROPOSED RULE 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 _________.