Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B6 - Board of Hearing Aid Specialists › Chapter 64B6-7 - COMPLAINTS, INVESTIGATIONS, PROBABLE CAUSE DETERMINATION, DISCIPLINARY GUIDELINES › Section 64B6-7.006 - Minor Violations; Notices of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				120.695, F.S., authorizes the
				Board, when enforcing rules, to permit the Department to issue a notice of
				noncompliance when there is a first time offense that is a minor violation as
				defined by Board rule. A minor violation is defined as one in which there is no
				economic or physical harm; no adverse effect to the public health, safety, or
				welfare; and no significant threat of such harm.
(2) Section
				456.073(3),
				F.S., authorizes the Board, when enforcing rules and statutes, to permit the
				Department to issue a notice of noncompliance for any initial offense which is
				a minor violation as defined by Board rule. A minor violation under this
				statute is defined as one which does not endanger public health, safety, or
				welfare and does not demonstrate a serious inability to practice.
(3) A notice of noncompliance in lieu of
				other actions is authorized only if the violation is not a repeat violation. If
				there are multiple violations from a single inspection and each is eligible to
				be handled with a notice of non-compliance, then the Department shall issue a
				notice of non-compliance for each violation.
(4) Failure of the licensee to take action in
				correcting the violation within 15 days after notice shall result in the
				institution of regular disciplinary proceedings. Failure of the licensee to
				comply with the notice of noncompliance within the time allowed or subsequent
				violations of a same or similar offense shall result in the issuance of a
				citation pursuant to Rule
				64B6-7.007, F.A.C., or, if the
				citation is declined or if there is no citation available for the specific
				violation, shall result in the institution of the regular disciplinary process
				set forth in Section 456.073, F.S.
(5) Notices of noncompliance shall be
				considered by the probable cause panel when reviewing a licensee's subsequent
				violations of a same or similar offense.
(6) The Board hereby establishes the
				following as minor violations pursuant to Sections
				120.695 and
				456.073(3),
				F.S.:
(a) Failing to maintain a certificate
				certifying that the testing room meets the requirements of Section
				484.0501(6),
				F.S., or a certificate certifying that all audiometric testing equipment used
				by the licensee has been calibrated on an annual basis acoustically, as
				required by Section 484.047(2),
				F.S., and Rules 64B6-6.003,
				64B6-6.004, F.A.C. Only the
				failure to maintain the certificate is a minor violation; if the testing room
				or equipment has not been certified, then the matter must proceed through the
				normal disciplinary process.
(b)
				Failing to notify the Board in writing within 30 days of any change of address,
				as required by Section
				484.047(3),
				F.S., and Rule 64B6-6.008, F.A.C.
(c) Failing to display in a conspicuous place
				a notice of the availability of itemization of the total purchase price, which
				notice complies with the requirements of Section
				484.051(2),
				F.S., and Rule 64B6-6.009, F.A.C.
(d) Failing to display the license in a
				conspicuous place at the licensee's regular place of business as required by
				Section 484.058, F.S., and Rule
				64B6-6.008, F.A.C.
(e) Advertising in a manner that does not
				include the address and telephone number of the licensee's regular place of
				business, as required by subsection
				64B6-6.008(4),
				F.A.C.