3.0 | Intro
Better News: TBD has copied & re-formatted all pertinent regulations on this website.
Features:
✔ Free
✔ Rewarding
o ie, you'll earn book points by reading/accessing these regulations
• learn more about book points here
✔ Complete
✔ Comprehensive
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✓ No Contracts
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Best News: The regulations are much shorter than the laws/statutes. So, you’ll probably find them easier to utilize.
| Laws/Statutes: | Legislative Branch |
| Regulations: | Executive Branch |
| Rules: | Judicial Branch |
3.1 | Levels of Regulations
| Level A (Federal) | EEOC Regulations (29 CFR 1600 through 29 CFR 1695) |
| Level B (State) |
DOAH Regulations (ie, 28-106 FAC)* FCHR Regulations (ie, 60Y-1 through 60Y-5) |
The FCHR regulations tend to mimic their federal counterparts (ie, the EEOC regs). Sometimes, in fact, the state regs cite the federal regs. The relationship between these separate regulations is the product of another key legal pillar: Federalism...
3.2 | Federalism
A system of government wherein power is constitutionally divided between a central government and local governments.
The United States Supreme Court decides that the constitution does not protect a person’s privacy from a certain police tactic. Under the doctrine of federalism, though, a state court may nonetheless interpret its state constitution as prohibiting the same police conduct. The federal and state judicial systems are sufficiently separate so that a state court can afford greater protection to its citizens than the federal courts by a more liberal interpretation of its own constitution and laws. The state courts must observe any minimum federal rights, however, under the Supremacy Clause to the United States Constitution.
- Barron’s Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016
This is important to your Florida-based discrimination complaint; because it shows you that the FCHR might use its self-created regulations to subvert constitutional principles. One such incongruent regulation is 60Y-5.004 FAC. A regulation that allows the state agency to enter “no cause determinations” against you. Determinations, importantly, that obstruct/eliminate your right to a trial-by-jury (which is federally guaranteed by the 7th Amendment of the US Constitution).1 Determinations, importantly, that the FCHR brags about entering [at a high rate (ie, 86%)]; in order to save defendants “millions” of dollars.2 Obstructive determinations, importantly, that the EEOC shuns (ie, the EEOC does not author “no cause determinations”).3So, as you read through the state regulations keep in mind that the FCHR has a federal counterpart that regulates certain things differently (in a material way).
3.3 | TBD’s Ranking of Regulations
2. 60Y-5.003 FAC
3. 60Y-5.004 FAC
4. 60Y-5.008 FAC
5. Chapter 28-106 FAC
6. 29 CFR 1601.76
➋ In second place is 60Y-5.003 FAC (Investigations), because it outlines how the investigation will go. Phase 5 of this TBD walkthrough will delve into that topic, but you can read the entire regulation right now (note: you'll score points by reading it).
➌ Third is 60Y-5.004 FAC (Determination), because the determination will come after the complaint (as well as the investigation). Reading this regulation before the event takes place should prepare you for the next steps.
➍ Chronological order also places 60Y-5.008 (Petition for Relief) in its own slot (which is 4th place). You won’t have to file a PFR until the investigation ends; and, in fact, you might not have to file one at all (14% chance). Your PFR is conditioned on the preceding Determination. Historically, 86% of FCHR determinations have funneled complainants into DOAH; where your PFR will be met. This regulation also spells out what will happen after that DOAH proceeding concludes.
➎ What also spells out the DOAH proceeding is Chapter 28-106 FAC; which is ranked 5th on this list of pertinent regulations. These regs go into greater detail; and they encompass most-of-what-you’ll-need-to-know to complete the DOAH process. Afterwards, you’ll return to the FCHR (unless you settle/withdraw/etc.); who’ll draft a Final Order ("FO") for you (see 60Y-5.008(5) FAC).
➏ Finally – and ranked sixth here – is 29 CFR 1601.76. An important federal regulation that lays out the welcome mat for your 'Request for a Substantial Weight Review'. A document that you must file within 15 days of receiving your FO. A request that’ll yield your Right-to-Sue Letter. A letter, importantly, that will be your ticket to federal court. Here’s a how-to guide for requesting an SWR:
How-To Guide: Request a Substantial Weight Review
Your access to federal court (which 29 CFR 1601.76 provides) will likely be your first/only chance to get a trial-by-jury. A constitutional right that helps protect against perjurous/evidence-destroying judges (such as DOAH ALJ Edward Gary Early).
3.4 | Constitutionality
So, if you get grazed/injured by an unconstitutional regulation (of any variety), then you can challenge that regulation. In fact, you can even initiate an appeal on its unconstitutionality.
Real-World Example (caveat = this was for a rule instead of a regulation):
For that reason, TBD’s Founder exercised his 1st Amendment right; by petitioning the government for redress. The courts, however, did not respond by addressing the facts of the case. Rather, the courts responded by trying to punish TBD’s Founder; an ill that continues to this day.
3.5 | TBD’s Recommendations
• 29 CFR 1601.70
• 29 CFR 1601.76
• Chapter 60Y-1 FAC through Chapter 60Y-4 FAC
Thus, this growing knowledge of yours will be an asset to you as you navigate through the FCHR legal process. And you can further expand that knowledge by learning about the next phase (ie, Phase 4: The Rules)...
