1. (1) “Mediation” means a process whereby a mediator appointed by the Department acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal and nonadversarial process with the objective of assisting the parties to reach a mutually acceptable agreement.

2. (2) For purposes of Section 456.078, F.S., the Board designates as being appropriate for mediation, first time violations of the following provisions of subsection 484.056(1), F.S.:

   1. (a) Failure to be in possession of records of certification of audiometric testing equipment as set forth in Rule 64B6-6.003, F.A.C.
   2. (b) Failure of the licensee to timely refund monies as set forth in Rule 64B6-6.001, F.A.C.
   3. (c) Failure of the licensee to include information on the receipt as set forth in Rule 64B6-6.010, F.A.C.
3. (3) Such violations are appropriate for mediation only if there is no allegation of physical harm to a patient related to such violation.

Rulemaking Authority 456.078 FS. Law Implemented 456.078 FS. History–New 1-11-95, Formerly 61G9-7.011, Amended 7-28-99, 3-2-22.