Florida Regulations 61A-7.011: Aggravating or Mitigating Circumstances for Chapter 386, F.S. – the Florida Clean Indoor Air Act
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When either the petitioner or respondent is able to demonstrate aggravating or mitigating circumstances to the division by clear and convincing evidence, the division shall be entitled to impose adjusted penalties within the guidelines. Based upon the following factors, the division may impose a disciplinary action within the statutory guidelines:
(1) The number of counts in the administrative complaint;
(2) The disciplinary history of the applicant or licensee;
(3) The applicant or licensee has corrected the violation and implemented written corrective policies and procedures;
(4) The degree of financial hardship incurred by a licensee as a result of the imposition of suspension or a fine.
Specific Authority 386.2125, 561.695(9) FS. Law Implemented 386.206(2), 386.207(3) FS. History-New 6-14-05.
Terms Used In Florida Regulations 61A-7.011
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) The disciplinary history of the applicant or licensee;
(3) The applicant or licensee has corrected the violation and implemented written corrective policies and procedures;
(4) The degree of financial hardship incurred by a licensee as a result of the imposition of suspension or a fine.
Specific Authority 386.2125, 561.695(9) FS. Law Implemented 386.206(2), 386.207(3) FS. History-New 6-14-05.