Florida Regulations 61G18-30.002: Minor Violations, Notice of Noncompliance
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(1) In accordance with Florida Statutes § 455.225(3), and in lieu of a formal disciplinary proceeding when a complaint of first time minor violation is received, the Department may provide a licensee with a notice of noncompliance. Failure of a licensee to take action in correcting the violation within the 15 days after notice may result in the institution of regular disciplinary proceedings.
(2) A notice of noncompliance may be issued when there has been no economic or physical harm to a person; when the public health, safety or welfare has not been endangered and when there is no evidence or allegation of deliberate deception.
(3) A first time offense of the following violations may be disposed by a notice of noncompliance:
(a) False, deceptive or misleading advertising in violation of Section 474.214(1)(e), F.S., or Fl. Admin. Code R. 61G18-21.001, so long as the veterinarian has received no compensation for services sought by the client as the result of the advertising or if compensation has been received, so long as it has been returned to the client;
(b) Failure to include in an advertisement for free or discounted services the statement required by Florida Statutes § 455.24;
(c) Failure to display a license, premises permit or mobile clinic permit as required by Florida Statutes § 474.216
(d) Practicing veterinary medicine with a delinquent license for less than 90 days.
(e) Operating a veterinary establishment without a premises permit for less than 60 days.
(f) Failure to notify board of a change in responsible veterinarian within 30 days.
(g) Failure to report a change of address to the Board within 90 days.
(h) Failure to report in writing to the Board a criminal conviction or plea of nolo contendere, regardless of adjudication, within 30 days, pursuant to Sections 455.227(1)(t) and 474.214(1)(c), F.S.
(4) A second or subsequent offense shall result in the issuance of a citation pursuant to Fl. Admin. Code R. 61G18-30.003, if available, or disciplinary proceedings pursuant to Florida Statutes § 455.225 In cases where more than two (2) of these offenses are present, disciplinary proceedings pursuant to Florida Statutes § 455.225, shall be instituted.
Rulemaking Authority 474.206, 455.225(3) FS. Law Implemented 455.225(3) FS. History-New 5-9-90, Formerly 21X-30.002, Amended 12-30-97, 8-26-19.
Terms Used In Florida Regulations 61G18-30.002
- Allegation: something that someone says happened.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal 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.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(3) A first time offense of the following violations may be disposed by a notice of noncompliance:
(a) False, deceptive or misleading advertising in violation of Section 474.214(1)(e), F.S., or Fl. Admin. Code R. 61G18-21.001, so long as the veterinarian has received no compensation for services sought by the client as the result of the advertising or if compensation has been received, so long as it has been returned to the client;
(b) Failure to include in an advertisement for free or discounted services the statement required by Florida Statutes § 455.24;
(c) Failure to display a license, premises permit or mobile clinic permit as required by Florida Statutes § 474.216
(d) Practicing veterinary medicine with a delinquent license for less than 90 days.
(e) Operating a veterinary establishment without a premises permit for less than 60 days.
(f) Failure to notify board of a change in responsible veterinarian within 30 days.
(g) Failure to report a change of address to the Board within 90 days.
(h) Failure to report in writing to the Board a criminal conviction or plea of nolo contendere, regardless of adjudication, within 30 days, pursuant to Sections 455.227(1)(t) and 474.214(1)(c), F.S.
(4) A second or subsequent offense shall result in the issuance of a citation pursuant to Fl. Admin. Code R. 61G18-30.003, if available, or disciplinary proceedings pursuant to Florida Statutes § 455.225 In cases where more than two (2) of these offenses are present, disciplinary proceedings pursuant to Florida Statutes § 455.225, shall be instituted.
Rulemaking Authority 474.206, 455.225(3) FS. Law Implemented 455.225(3) FS. History-New 5-9-90, Formerly 21X-30.002, Amended 12-30-97, 8-26-19.