Business & Professional Regulation › Electrical Contractors' Licensing Board › Chapter 61G16-9 · Grounds For Discipline

Rule 61G16-9.001. Disciplinary Guidelines

Amended November 15, 2020 (current)

(3) The Usual Conditions.

(a) Provisions which are included in all Orders.

1. This Order shall be effective upon filing by the Clerk of the Department of Business and Professional Regulation.

2. Failure to comply with the provisions of this Order shall result in further disciplinary action by the Board.

(b) Conditions imposed whenever fine and costs are imposed: Fine and costs shall be paid by cashiers check or money order payable to the Department of Business and Professional Regulation, Board of Professional Geologists, 2601 Blair Stone Road, Tallahassee, Florida 32399-0767, and received by the Department within 30 days of the effective date of the Order, or within a set period of time after probation or suspension as reflected in the Order.

(c) Conditions, all or any of which may be imposed with Probation are:

1. Licensee is placed on probation for a period of time as determined by the Board.

2. Failure to comply with any provision of this Order shall result in the filing of a new complaint and if you are found to be in violation, your license will be suspended until you are compliant.

3. Licensee shall appear before the Board, in person, at a defined frequency or set number of Board meetings during the course of the probation. The number of appearances will depend on the severity of the underlying violation.

4. At each appearance the licensee shall provide the following documents to the Board: Some or all of the following provisions may be included: (Those items designated in each case shall relate to the violation charged.)

a. Copies of all contracts in which documents have been signed and sealed since the last appearance before the Board, and/or

b. A list of the type of those documents, including the following information to whom the document was presented, including the address, and the date the document was mailed or otherwise presented, and/or

c. A list of all contracts worked upon since the last appearance with the name and address of the person or entity for whom the contract is to be performed.

5. At the final appearance the licensee shall demonstrate compliance with all the conditions of the Probationary Order, prior to the lifting of probation.

6. Licensee shall retake the following section(s) ______ of the licensing examination prior to lifting the probation. (The section designated will be that most likely to cover the underlying violation(s).)

7. Licensee must attend _____ Board meetings, the number shall be based on the severity of the underlying violation, to observe the Board’s Disciplinary Proceedings.

8. Licensee’s practice during this period of probation is limited as follows: (Limitations will depend on the severity and nature of the underlying violation.)

(d) Conditions all or any of which may be imposed when suspension is imposed.

1. Licensee shall surrender license to Board office within five (5) days of the effective date of the Order.

2. Licensee shall provide the Board, within 30 days of the effective date of the Order of Suspension, a list of all clients with whom he/she/it is contracted to perform professional geological services in the state of Florida, that is not or will not be completed on the 30th day following the effective date of the Order of Suspension. The list shall include the name of a contact person, a mailing address and phone number of the client.

3. Licensee shall inform all current clients that he/she/it must cease work on the project for the term of his/her/its suspension, provide the Board office with a copy of each cease work letter or other document sent, or a list of the person called, his/her address, phone number and the date of contact.

4. Licensee shall Sign and Seal all documents completed as of the date of suspension and deliver to clients within 30 days of the effective date of the Order.

5. Licensee shall provide clients with a list of licensed professional geologists who work in the area, so the client can try to find a substitute who can complete the project as originally contemplated.

6. Failure to comply with any provision of this Order will result in the filing of a new complaint and if you are found to be in violation, you may not serve as Geologist of Record and must notify DBPR of your Replacement within 10 days of the effective date of the Order, in addition your license will be:

a. Suspended indefinitely with no possibility of reactivation until compliant with all outstanding Orders, or

b. Revoked.

(4) Purpose of guidelines – The range of penalties set forth above is the range from which disciplinary penalties will be imposed upon licensees guilty of violation of the laws and rules. The purpose of these guidelines is to give notice of the range of penalties which will normally be imposed for specific violations. The guidelines are based upon a single count violation of the provision listed. Multiple counts of violations of the same provision, or unrelated provisions of the law or rules will be grounds for enhancement of penalties or imposition of additional penalties.

(5) Aggravating/Mitigating Circumstances – The existence of aggravating or mitigating circumstances, as set forth below, will permit deviation from the guidelines upon clear and convincing evidence. When considering a Recommended Order, the fact that a Hearing Officer may or may not have been aware of aggravating or mitigating circumstances prior to recommending a penalty, shall not obviate the duty of the board to consider them when brought to its attention prior to the issuance of a Final Order.

(a) Aggravating circumstances; circumstances which may justify deviating from the disciplinary guidelines and penalty enhancement include, but are not limited to:

1. History of previous violation of the practice act and the rules promulgated thereunder.

2. In the case of negligence, the magnitude and scope of the project and the damage inflicted upon the public.

3. Evidence of violation of professional practice acts in other jurisdictions which resulted in discipline by the regulatory authority.

4. A pattern of behavior evidencing repeated disregard of the practice act or rules.

(b) Mitigating circumstances; circumstances which may justify deviating from the disciplinary guidelines and result in a lessening of the penalty shall include, but not be limited to:

1. In cases of negligence, the minor nature of the project in question and the lack of danger to the public health, safety or welfare which resulted.

2. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices or has practiced.

3. Restitution of any damages suffered by the licensee’s client.

4. The licensee’s professional standing among his peers.

5. Remedial steps taken by the licensee or his firm to avoid similar violations in the future.

(6) Notice of Noncompliance – An alternative to investigation and prosecution when a complaint is received, the Department of Business and Professional Regulation may issue a Notice of Noncompliance for a first offense of the following violations:

(a) Failure to date document when affixing signature and seal.

(b) Practice by an individual with an inactive or delinquent license for less than one month. Rulemaking Authority 455.2273, 492.104, 492.113(2) FS. Law Implemented 455.227, 455.2273, 492.113(1), (2), (3) FS. History–New 7-3-05, Amended 2-7-13, 7-3-17, 11-15-20.