Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-17 - PROFESSIONAL SURVEYORS AND MAPPERS › Section 5J-17.081 - Notices of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
The offenses enumerated in this rule shall be the subject of
				  a notice of noncompliance before disciplinary action is taken:
(1) A business entity's first time failure to
				notify the Board within one (1) month of any changes in the business entity's
				location of offices, its licensed surveyor and mapper in residence, or the
				names of its principal, along with proof to demonstrate the change in
				principal.
(2) A licensee's first
				time failure to submit proof of continuing education upon response to an audit
				of continuing education; provided that such proof is submitted within fifteen
				(15) days of receipt of the Notice of Noncompliance. Failure to submit such
				proof within the fifteen (15) day period shall result in the institution of
				regular disciplinary proceedings.
(3) A licensee's first time failure to comply
				with an order of the Board; provided that the licensee complies with the order
				within fifteen (15) days of receipt of the notice of noncompliance or begins
				substantial efforts to comply with the order. Failure to comply or make
				substantial efforts to comply within the fifteen (15) day period shall result
				in the institution of regular disciplinary proceedings.
(4) A licensee's first time failure to pay
				any final judgement entered against a licensee in any civil proceeding
				involving the licensee's practice of surveying and mapping; provided that the
				judgement is paid within fifteen (15) days of receipt of the notice of
				noncompliance. Failure to pay the judgement within the fifteen (15) day period
				shall result in the institution of regular disciplinary proceedings.
(5) A licensee's first time failure to
				respond to an audit of continuing education; provided that the response is made
				within fifteen (15) days of receipt of the notice of noncompliance. Failure to
				respond within the fifteen (15) day period shall result in the institution of
				regular disciplinary proceedings.
(6) A licensee's first time failure to comply
				with a subpoena authorized by the probable cause panel of the Board; provided
				that compliance is made within fifteen (15) days of receipt of the notice of
				noncompliance. Failure to comply with the subpoena within the fifteen (15) day
				period shall result in the institution of regular disciplinary
				proceedings.
(7) A business
				entity's first time unauthorized practice of surveying and mapping, if the
				business entity has been in operation for less than one year; provided that the
				business entity applies for authorization within fifteen (15) days of the
				receipt of the notice of noncompliance. Failure to make application within the
				fifteen (15) day period shall result in the institution of regular disciplinary
				proceedings.
Rulemaking Authority 472.0351 FS. Law Implemented
					 472.033(3) FS.
New 12-25-95, Amended 10-1-97, 4-8-07, Formerly
					 61G17-9.0045.