Florida Regulations 61J1-8.003: Notice of Noncompliance
Current as of: 2024 | Check for updates
|
Other versions
(1) Pursuant to Sections 455.225(3) and 120.695, F.S., the board sets forth below those rules which are considered minor violations for which the DBPR shall provide a registrant, licensee or certificate holder with a notice of noncompliance. A violation of a rule is considered a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. The notice of noncompliance shall only be issued for an initial offense of a listed minor violation.
(a) Fl. Admin. Code R. 61J1-7.001 – Display and disclosure of registration, license or certification designation.
(b) Florida Statutes § 475.622 – Display of number.
(c) Fl. Admin. Code R. 61J1-7.003 – Designation and number in advertising.
(d) Florida Statutes § 475.6221(1) – Registering the name of supervising appraiser; notification of termination of relationship with supervising appraiser.
(e) Subsection 61J1-7.008(2), F.A.C. – Registration or change of current mailing address as defined in Fl. Admin. Code R. 61J1-7.008
(2) The DBPR shall issue a notice of noncompliance to the registrant, licensee or certificate holder subject to the rule that the rule has been violated. The notice of noncompliance shall identify the rule being violated and shall provide information on how to comply with the rule. The DBPR shall allow 10 calendar days for compliance with the rule and shall so notify the registrant, licensee or certificate holder. The time for compliance shall begin to run from the time the registrant, licensee or certificate holder receives the notice of noncompliance. The failure of a registrant, licensee or certificate holder to comply with the notice of noncompliance within the time allowed shall thereafter result in the issuance of a citation pursuant to Fl. Admin. Code R. 61J1-8.001, and, if there is no citation for the violation, then the institution of regular disciplinary proceeding pursuant to Florida Statutes § 455.225
(3) The notice of noncompliance may be delivered to the registrant, licensee or certificate holder’s current mailing address by certified mail, restricted delivery or by personal service. The notice of noncompliance may be issued by the Division of Real Estate.
Specific Authority 475.614 FS. Law Implemented 120.695, 455.225(3) FS. History-New 3-28-94, Amended 1-1-96, 12-4-06.
(a) Fl. Admin. Code R. 61J1-7.001 – Display and disclosure of registration, license or certification designation.
(b) Florida Statutes § 475.622 – Display of number.
(c) Fl. Admin. Code R. 61J1-7.003 – Designation and number in advertising.
(d) Florida Statutes § 475.6221(1) – Registering the name of supervising appraiser; notification of termination of relationship with supervising appraiser.
(e) Subsection 61J1-7.008(2), F.A.C. – Registration or change of current mailing address as defined in Fl. Admin. Code R. 61J1-7.008
(2) The DBPR shall issue a notice of noncompliance to the registrant, licensee or certificate holder subject to the rule that the rule has been violated. The notice of noncompliance shall identify the rule being violated and shall provide information on how to comply with the rule. The DBPR shall allow 10 calendar days for compliance with the rule and shall so notify the registrant, licensee or certificate holder. The time for compliance shall begin to run from the time the registrant, licensee or certificate holder receives the notice of noncompliance. The failure of a registrant, licensee or certificate holder to comply with the notice of noncompliance within the time allowed shall thereafter result in the issuance of a citation pursuant to Fl. Admin. Code R. 61J1-8.001, and, if there is no citation for the violation, then the institution of regular disciplinary proceeding pursuant to Florida Statutes § 455.225
(3) The notice of noncompliance may be delivered to the registrant, licensee or certificate holder’s current mailing address by certified mail, restricted delivery or by personal service. The notice of noncompliance may be issued by the Division of Real Estate.
Specific Authority 475.614 FS. Law Implemented 120.695, 455.225(3) FS. History-New 3-28-94, Amended 1-1-96, 12-4-06.