Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Auctioneers
RULE NO: RULE TITLE
61G2-2.006: Reinstate Null & Void Licenses
PURPOSE AND EFFECT: The Board proposes this new rule to provide for reinstatement of null & void licenses and incorporate by reference the application form and adds the Board’s website.
SUMMARY: The rule incorporates by reference the application form that will set forth the procedure for reinstatement of null & void licenses and add’s the Board’s website.
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: 455.271(6)(b), 468.384, 468.386 FS.
LAW IMPLEMENTED: 455.271(6)(b), 468.393 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: Tony Spivey, Executive Director, Board of Auctioneers, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61G2-2.006 Reinstatement of Null & Void Licenses.

(1) Void auctioneer or auction business licenses resulting from a failure to timely renew are not reactivated; however, the Board has discretion to reinstate such licenses if it determines that the provisions of Section 455.271(6)(b), Florida Statutes, have been met.

(2) In order to request that the Board exercise its discretion, the holder of a void license must submit to the Board a completed application on form DBPR AU-4161, Application to Reinstate Null and Void License, dated November, 2009, which is hereby adopted and incorporated by reference. A copy of DBPR AU-4161 is available from the Board office at 1940 N. Monroe Street, Tallahassee, FL 32399 or on the Board’s website at: http://www.myfloridalicense.com/dbpr/pro/auct/forms.html.

(3) The applicant shall provide the circumstances surrounding each failure to comply with timely renewal, and the steps taken by the applicant to comply with each renewal deadline. The applicant must demonstrate that an illness or other unusual hardship prevented timely renewal.

(4) The application must be accompanied by a non-refundable application fee of $150.00, a renewal fee of $150.00 for each renewal period when the applicant failed to renew his or her license which fee shall not exceed $300.00, and an unlicensed activity fee plus a recovery fund fee of $105.00 for each renewal period missed which fee shall not exceed $210.00.

Rulemaking Authority 455.271(6)(b), 468.384, 468.386 FS. Law Implemented 455.271(6)(b), 468.393 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Auctioneers
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Auctioneers
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 12, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 2, 2010