29 FAR 35 | 8/29/2003 | FCHR ONLY

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-1.002
TITLE	Conducting Proceedings by Communications Media Technology

SPECIFIC AUTHORITY	760.06 (12) FS.
LAW IMPLEMENTED	120.525, 120.54(5) FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for the commission meetings and operations. A new section is added to provide for conducting commission proceedings by Communications Media Technology.

Summary

Commission meetings and operations, particularly conducting proceedings by Communications Media Technology.

Regulatory Costs

None. Any person who wishes to provide information regarding the statement of estimated regulatory cost, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-1.002 Conducting Proceedings by Communications Media Technology.

~~The Commission shall follow and conform to Chapter 28-108, F.A.C., with respect to conducting proceedings by communications media technology.~~

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-2.001
TITLE	General

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for the commission organization and general information.

Summary

Amendments have updated commission information, new address and personnel, current organizational patterns and forms, provision for electronic filing and new sections relating to variances or waivers from rules and commission orders, numbering, indexing and maintenance in accordance with the Uniform Rules of Procedure and statutory guidance.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-2.001 General.

The Florida Commission on Human Relations is established pursuant to the Human Rights Act of 1977, as amended by the Florida Civil Rights Act of 1992, Chapter 760, F.S., to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, disability ~~handicap~~, or marital status and thereby to protect their interests in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights and privileges of individuals within the state.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
760.06(12), FS.	760.01(2), 760.03, 760.05 FS.	New 11-2-78, Amended 8-12-85, Formerly 22T-6.01, 22T-6.001, Amended ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-2.003
TITLE	General Description of the Commission

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for the commission organization and general information.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-2.003 General Description of the Commission.

(1) The Commission is comprised of 12 members appointed by the Governor, subject to confirmation by the Senate.

(2) Commissioners are appointed to staggered terms of 4 years, except for ~~certain, original appointments and for~~ appointments described in subsection (3).

(3) A Commissioner appointed to fill a vacancy other than by expiration of a term is appointed for the unexpired term of the member whom such appointee is to succeed.

(4) A Commissioner is eligible for reappointment.

(5) In every odd-numbered year, the Commission shall hold an organizational meeting to elect from its membership a Chairperson and a Vice-chairperson. The biennial organizational meeting shall be held as soon as practical after the new Commissioners for that year have been appointed.

(6) The Chairperson of the Commission serves for a term of 2 years and has the following duties:

(a) Call Commission meetings and set the agenda for same;

(b) Preside at Commission meetings;

(c) Appoint one or more Panels of not less than 3 Commissioners to exercise, as provided in Chapters 60Y-4 and 60Y-5, F.A.C., Commission powers under subsection 760.06, F.S.;

(d) Appoint and define the role of such committees as are necessary or expedient to advise the Commission or its Executive Director;

(e) Perform such other functions as the Commission may assign by rule or order.

(7) The Vice-chairperson serves for a term of 2 years, the term to run concurrently with that of the Chairperson. The Vice-chairperson performs the duties of the Chairperson in the Chairperson’s absence and performs such other duties as the Chairperson may assign.

(8) If a vacancy occurs in the Office of Chairperson, the Vice-chairperson shall become the Chairperson for the unexpired term of the Chairperson. If a vacancy occurs in the Office of Vice-chairperson, the Commission will select another member to fill the unexpired term of the Vice-chairperson.

(9) A special meeting of the Commission shall be called by the Chairperson, or by on the Executive Director, upon the written request of not fewer than 5 Commissioners.

(10) Seven members shall constitute a quorum for the conduct of Commission business.

(11) A majority of the members of a Panel shall constitute a quorum for the conduct of business assigned to a Panel.

(12) In the presence of a quorum, Commission or Panel business shall be conducted by majority vote.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-2.004
TITLE	General Description of Organization and Functions of Commission Staff

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for the commission organization and general information.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-2.004 General Description of Organization and Functions of Commission Staff.

(1) The staff units of the Commission consist of:

(a) Office of Executive Director;

(b) Office of General Counsel;

(c) Office of Employment Investigations;

(d) Office of Community Relations and Housing Investigations;

(e) Office of Housing Investigations the Clerk;

(f) Office of Customer Service Intake;

(g) Office of Management and Information Processing; and

(h) Office of Mediation.

(2) The Executive Director is the chief administrative officer of the Commission and is responsible for implementing policy of the Commission. The Executive Director is appointed by the Commission and may be removed by the Commission for cause. The Executive Director has the following duties:

(a) Employ staff;

(b) Prepare, defend and manage agency budget;

(c) Negotiate and execute contracts and agreements on behalf of the Commission, except as limited by Rule 60Y-5.002, F.A.C;

(d) Issue subpoenas necessary for investigations pursuant to subsection 760.06(6), F.S.;

(e) Make determinations as provided by Rule 60Y-5.004, F.A.C.;

(f) Dismiss complaints, as provided by Rule 60Y-5.006, F.A.C.;

(g) Promote favorable public and community relations;

(h) Administer the day-to-day business of the Commission;

(i) Perform such other functions as the Commission may assign by rule or order.

(3) The Office of General Counsel represents the agency in all legal proceedings before state and federal courts and agencies. The Office of General Counsel has the following additional duties:

(a) Advise the Commission and Executive Director on legal matters;

(b) Make such legal reports and recommendations, written and oral, as are requested by the Commission, a Commissioner or the Executive Director;

(c) Make recommendations concerning determinations, as provided by Rules 60Y-5.004, F.A.C.;

(d) Prosecute Commission complaints;

(e) Within the Office of General Counsel shall be the Clerk to the Commission who shall:

1. Maintain all complaints, petitions, pleadings and other legal documents filed with the Commission;

2. Maintain all forms and instructions used by the Commission;

3. Maintain all petitions for variances and waivers of agency rules pursuant to Chapter 28-104, F.A.C.;

4. Assemble, certify and transmit records on appeal to appellate courts for review;

5. Respond to requests for information or copies of documents relevant to Commission cases;

6. Bill and collect monies for records on appeal and reproduced documents;

7. Certify and issue orders by the Commission or a Panel of Commissioners; and

8. Prepare and maintain a topical index of Commission or Panel decisions;

(f)~~(e)~~ Perform such other functions as the Commission or Executive Director may direct.

(4) The Office of Employment Investigations investigates and seeks to conciliate complaints of discriminatory practices in employment, public accommodations and whistleblower retaliation. The Office of Employment Investigations has the following additional duties:

(a) Seek to encourage settlement between parties;
(b) Make reports and recommendations as provided by Rule 60Y-5.004, F.A.C.;
(c) Provide fact-finding at the direction of the Executive Director; and
(d)~~(c)~~ Perform such other functions as the Executive Director may direct.

(5) The Office of Community Relations ~~and Housing Investigations~~ provides technical assistance to local commissions on human relations, local governments and to other persons to facilitate progress in human relations and the amelioration of intergroup tensions.

(6) The ~~This~~ Office of Housing Investigations investigates and seeks to conciliate complaints of discriminatory practices in housing.

~~(6) The Office of the Clerk has the following duties:~~

~~(a) Maintain all complaints, petitions, pleadings and other legal documents filed with the Commission;~~

~~(b) Assemble, certify and transmit records on appeal to appellate courts for review;~~

~~(c) Respond to requests for information or copies of documents relative to Commission cases;~~

~~(d) Bill and collect monies for records on appeal and reproduced documents;~~

~~(e) Certify and issue orders by the Commission or Panel;~~

~~(f) Prepare and maintain a topical index of Commission or Panel decisions;~~

~~(g) Perform such other functions as the Commission or the Executive Director may direct.~~

(7) The Office of Customer Service ~~Intake~~ receives and dockets complaints, provides counseling for potential complainants, frames and perfects complaint allegations, provides Commission record-keeping and responds to requests for information.

(8) The Office of Management and Information Processing provides electronic word and data processing services to the Commission, including strategic planning, budget reports, complaint tracking, performance analysis, statistical reports and complaint investigation correspondence.

(9) The Office of Mediation provides voluntary mediation services.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
760.06(12), 760.11(14), 760.31(5) FS.	120.54, 760.03(7), 760.05, 760.06, 760.11, 760.30 FS.	New 11-2-78, Amended 6-16-83, 8-12-85, Formerly 22T-6.04, Amended 4-20-87, Formerly 22T-6.004, Amended 4-20-00, ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-2.005
TITLE	General Information

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for the commission organization and general information.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-2.005 General Information.

(1) The location of the principal office of the Commission is: 2009 Apalachee Parkway, Suite 100, ~~325 John Knox Road, Suite 240, Building F~~, Tallahassee, Florida 32301-4857 ~~32303-4149~~.

(2) The office is open from 8:00 a.m. to 5:00 p.m. (Eastern Time) of each working day.

(3) All requests for specific forms and information may be submitted to the Executive Director at the above address.

(4) Applications for employment may be obtained from the office of the Commission or from the Department of Management Services.

(5) All complaints, petitions and appeals from Commission action may be filed electronically by facsimile with the Commission. The original physically signed document shall be sent the same day by US Mail or other official delivery agent. The party who elects to file a document by electronic transmission shall be responsible for any delay, disruption, or interruption of the electronic signals and must accept full risk that the document may not be properly filed with the Commission as a result. The filing date for an electronically transmitted document shall be the date the Commission receives the complete document. All complaints may be sent by facsimile to the Manager of Customer Service at (850)488-5291. All petitions and appeals from Commission action may be sent by facsimile to the Clerk at (850)487-9363.

(6) The Clerk to the Commission is Violet Crawford, Clerk to the Commission, 2009 Apalachee Parkway, Suite 100, Tallahassee, Florida 32301-4857, phone number (850)488-7082.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-2.006
TITLE	Statutory Chapter and Rules

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for the commission organization and general information.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-2.006 Statutory Chapter and Rules.

The mission and duties of the Commission are carried out pursuant to statutory authority delineated in Chapter 760, F.S. The following additional statutory chapters and rule chapters directly affect and govern the operations of the Commission:

(1) Chapter 120, F.S.

(2) Sections 112.3187-112.31985, inclusive, F.S.

(3) Section 509.092, F.S.

(4)~~(2)~~ Chapters 60Y-1 through 60Y-10 and 60Y-25, F.A.C.

(5)~~(3)~~ Chapters 28-101 through 28-106, 28-108, 28-109, F.A.C.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
760.06(12), 760.11(14), 760.31(5) FS.	120, 509.092, 760 FS.	New 11-2-78, Amended 8-12-85, Formerly 22T-6.06, 22T-6.006, Amended 7-26-00, ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-2.007
TITLE	Public Information and Inspection and Copying of Documents

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for the commission organization and general information.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-2.007 Public Information and Inspection and Copying of Documents.

(1) All public records within the meaning of Chapter 119, F.S., and not otherwise restricted by law, may be inspected upon approval of a written request. Any written request must specifically identify the requested material. Requests for information may be directed to the Office of Customer Service.

(2) All complaints filed pursuant to Rule 60Y-5.001, F.A.C., and all related records and documents in the custody of the. Commission which relate to and identify a person shall be confidential, unless the record or document is made part of the record of any hearing or court proceeding. Access to confidential records and documents, by the parties to a complaint or proceeding, is provided in subsections 60Y-5.001(9), 60Y-5.003(9) and 60Y-5.004(7), F.A.C. (3) Copies of public records maintained by the Commission are available on the following basis:

(a) Two dollars ($2.00) per instrument for preparation and transmittal of original records on appeal with no charge for postage or certification;

(b) One dollar ($1.00) for the first page copied from a Commission file; fifteen cents ($0.15) per page for any additional page from the same file;

(c) Actual postage costs are charged for mailing copies other than original records on appeal; provided that no charge will be made for mailing one ounce by first class mail;

(d) Transcripts of Commission proceedings may be obtained by independent contract of a court reporter at the ordering party’s expense;

(e) Payment must be made in advance by cash, check or money order made payable to the Florida Commission on Human Relations;

(f) Commission orders and subject matter indices thereto are published by Florida Administrative Law Reports and by The Florida Bar, Labor and Employment Law Section.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
760.06(13) FS.	760.06, 760.10(14), 119, 120.54 FS.	New 11-2-78, Amended 2-10-80, 8-12-85, Formerly 22T-6.07, Amended 4-20-87, Formerly 22T-6.007, Amended ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-2.009
TITLE	List of Forms and Instructions

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for the commission organization and general information.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-2.009 List of Forms and Instructions. The following listed forms and instructions are hereby incorporated by reference, are used by the Commission and are furnished without charge. Copies may be obtained from the Commission’s website, http://fchr.state.fl.us or by writing or calling the Clerk to the Commission or the Office of Customer Service at the address listed in Rule 60Y-2.005, F.A.C., making reference to the desired form by form number or title.

FORM NUMBER	TITLE OR DESCRIPTION
FCHR Form 1	Technical Assistance Questionnaire for discrimination complaints
FCHR Form 2	Complaint of Employment Discrimination
FCHR Form 3	Complaint of Public Accommodation Discrimination
FCHR Form 4	Complaint of Housing Discrimination
FCHR Form 5	Complaint of Whistle-blower’s Act Retaliation Discrimination
FCHR Form 62	Petition for Relief from an Unlawful Employment Practice, a Housing Discriminatory Practice or a Public Accommodations Discriminatory Practice
FCHR Form 7A	Election of Rights for Employment and Public Accommodations Discrimination Complaints
FCHR Form 7B	Election of Rights for Housing Discrimination Complaints
FCHR Form 8	Registration of Housing for Older Persons

Use of the FCHR forms described in this section is not obligatory, and any complaint or Petition for Relief from an Unlawful Employment Practice, a Housing Discriminatory Practice, a Public Accommodations Discriminatory Practice or a Whistle-blower’s Act Retaliatory Discriminatory Practice which meets the requirements of the rules of the Commission will be accepted. The requirements for a complaint are set forth in Rule subsections 60Y-3.001(4), 60Y-6.001(17), Rule 60Y-10.003 and Rule 60Y-5.001, F.A.C. The requirements for a Petition for Relief from an Unlawful Employment Practice are set forth in Rule 28-106.201, Rule 28-106.301, Rule 60Y-5.008, subsection 60Y-6.001(48) and Rules 60Y-8.001 60Y-4.009, F.A.C.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.52, 760.06(13) FS.	120.52, 120.54, 760.06, 23.167 FS.	New 11-2-78, Formerly 22T-6.09, 22T-6.009, Amended ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-2.011
TITLE	Petitions for Variances or Waivers from Rules

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for the commission organization and general information.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-2.011 Petitions for Variances or Waivers from Rules.

The Commission shall follow and conform to Chapter 28-104, F.A.C., with respect to variances and waivers from its Rules. Petitions conforming to Rule 28-104.102, F.A.C., shall be filed with the Clerk to the Commission.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-2.012
TITLE	Commission Orders; Numbering, Indexing; and Maintenance

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for the commission organization and general information.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-2.012 Commission Orders; Numbering, Indexing; and Maintenance.

(1) All orders issued by the Commission shall be numbered and indexed

(2) The orders shall be sequentially numbered and rendered using a two-part number separated by a dash with the first part before the dash indicating the year and the second part indicating the numerical sequence of the order issued for that year beginning with the number 001 each new calendar year. The assigned agency designation prefix, FCHR, shall precede the two-part number.

(3) The agency clerk shall index orders which shall be cumulative, updated and made accessible to the public at least each calendar year.

(4) Orders that comprise official agency action and that must be indexed pursuant to this Rule shall be permanently maintained by the agency pursuant to the retention schedule approved by the Department of State.

(5) These rules regarding the indexing, management and availability of orders are issued pursuant to Section 120.533, F.S. and Chapter 1S-6, F.A.C., and have been approved by the Department of State pursuant to Section 120.53(3)(c), F.S. The purpose of this Rule is to provide public access to, and availability of, Commission Orders. The agency clerk shall assist the public in obtaining information pertaining to Commission Orders. The agency maintains and stores such orders and subject matter index in the main offices of the agency located in Tallahassee, Florida at the address set forth in Rule 60Y-2.005, F.A.C.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-3.001
TITLE	Definitions

SPECIFIC AUTHORITY	120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.54, 760.03, 760.05, 120.53, 120.533 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule section provides for definitions.

Summary

Amendments have updated several definitions to recognize recent court and commission decisions and rule changes.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-3.001 Definitions.

As used in the rules of the Commission:

(1) “Act” means the Florida Civil Rights Act of 1992, as amended; Chapter 760, F.S.

(2) “Chairperson” or “Chair” means the Chairperson of the Commission or Chairperson of a Panel, as the context may indicate.

(3) “Clerk” means the person designated by the Executive Director as heading the Office of the Clerk.

(4) “Complaint” means a written statement which alleges the occurrence of an unlawful employment practice, and includes an amended complaint.

(5) “Complainant” means a person filing a complaint.

(6) “Commission” means Florida Commission on Human Relations.

(7) “Commissioner” or “member” means a member of the Commission.

(8) “Division of Administrative Hearings” means the Division of Administrative Hearings of the Department of Management Services.

(9) “Document” means data compilations from which information can be obtained and be includes, for example: writings, e-mail, drawings, charts, photographs, and phone o-records.

(10) “Employer” means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person.

(11) “Employment Agency” means any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunity to work for an employer, and includes an agent of such a person.

(12) “Executive Director” means the Executive Director of the Commission.

(13) “Disability” ~~“Handicap”~~ means a condition that is an impairment that substantially limits one or more of the major life activities ~~prevents normal functioning in some way; a person with a handicap does not enjoy the full and normal use of his or her sensory, mental or physical faculties~~.

(14) “General Counsel” means the General Counsel of the Commission.

(15) “Hearing Officer” or “Administrative Law Judge” means the person assigned to conduct a hearing upon a petition filed with the Commission.

(16) “Intervenor” means any person permitted by the Commission, a Panel, or a hearing officer to intervene in a proceeding upon a petition.

(17) “Marital Status” does not include the identity of the spouse and the relationship to the aggrieved person, but rather ~~not merely~~ the fact that the aggrieved person is married, single, divorced, separated, widowed, etc.

(18) “Labor Organization” means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or other mutual aid or protection in connection with employment.

(19) “Panel” means a panel of three or more Commissioners appointed pursuant to subsection 760.03(5), F.S., and paragraph 60Y-2.003(6)(c), F.A.C.

(20) “Party” means any person designated as a party to a proceeding before the Commission, pursuant to rule of the Commission.

(21) “Person” includes an individual, association, corporation, joint apprenticeship committee, joint stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, any other legal or commercial entity, the state or any governmental entity or agency.

(22) “Petition” means a writing, other than a written motion, filed with the Commission pursuant to rule of the Commission asking that specified action be taken by the Commission or a Panel.

(23) “Petitioner” means the person filing a petition with the Commission pursuant to rule of the Commission.

(24) “Respondent” means (a) in the case of a complaint, the employer, employment agency, labor organization, joint labor-management committee, or person designated in the complaint as responsible for the alleged unlawful employment practice. or (b) in the case of a petition, the person against whom relief is requested.

(25) “Registered Mail” includes certified mail with return receipt requested.

(26) “Unlawful Employment Practice” means any practice so designated by Section 760.10, F.S.

(27) “Verified” means under oath or affirmation or by the signing of the written declaration prescribed by Section 92.525(2), F.S.

(28) “Date of determination” means the date the Determination was signed by the Executive Director or his delegatee.

(29) “Date of filing” means a completed complaint is received by the Commission prior to 5:00 p.m. (Eastern time) as provided by Rule 28-106.104, F.A.C.

(30) “Electronic filing” pursuant to subsection 60Y-2.005(5), F.A.C., means filing by facsimile.

(31) “Familial status” means whether or not children under the age of 18 are living with the complainant and/or whether the Complainant is pregnant, has a pending adoption, or not.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
760.06(12), FS.	92.525, 760,02, 760.03, 760.04, 760.05, 760.06, 760.10, 760.11 FS.	New 11-2-78, Amended 8-12-85, Formerly 22T-7.01, 22T-7.001, Amended 9-1-93, 4-17-01, ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.003
TITLE	Form of Documents

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.004 Form of Documents.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.04, 22T-8.004, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.004
TITLE	Filing and Copies

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.004 Filing and Copies.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 120.57, 760.06 FS.	New 11-2-78, Formerly 22T-8.04, 22T-8.004, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.005
TITLE	Proof of Simultaneous Service upon Other Parties

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.005 Proof of Simultaneous Service upon Other Parties.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.05, 22T-8.005, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.006
TITLE	Service by Commission

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.006 Service by Commission.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.06, 22T-8.006, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.007
TITLE	Computation of Time Periods

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.007 Computation of Time Periods.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.07, 22T-8.007, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.008
TITLE	Representation

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.008 Representation.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.08, 22T-8.008, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.009
TITLE	Petitions

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.009 Petitions.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 120.54, 120.565, 760.06, 760.10 FS.	New 11-2-78, Formerly Rule 9D-8.09, Amended 6-16-83, Formerly 22T-8.09, 22T-8.009, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.010
TITLE	Miscellaneous Petitions

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.010 Miscellaneous Petitions.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.10, 22T-8.010, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.011
TITLE	Answers

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.011 Answers.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.11, 22T-8.011, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.012
TITLE	Parties

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.012 Parties.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.12, 22T-8.012, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.013
TITLE	Intervention

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.013 Intervention.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.13, 22T-8.013, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.014
TITLE	Joinder of Parties

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.014 Joinder of Parties.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.14, 22T-8.014, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.016
TITLE	Assignment of Hearings

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.016 Assignment of Hearings.

(1) A hearing upon a Petition for Relief from an Unlawful Employment Practice, a Housing Discriminatory Practice or a Public Accommodation Discriminatory Practice pursuant to Rules 60Y-54.008, 60Y-8.001 and 60Y-10.005, F.A.C., respectively shall be conducted by an Administrative Law Judge a hearing officer designated by the Division of Administrative Hearings unless, prior to service of the Notice of Hearing pursuant to Rule 60Y-4.021, F.A.C., the Chairperson or Chair of the Panel designates a Commissioner as the hearing officer or directs that the hearing be conducted by the Commission or Panel.

(2) A hearing upon a petition not described in subsection (1) shall be conducted by a hearing officer designated by the Chairperson or Chair of the Panel unless the Chairperson or Chair of the Panel directs that the hearing be conducted by the Commission or Panel.

(3) A hearing upon a petition not described in subsection (1) or (2) shall be conducted by a hearing officer designated by the Chairperson or Chair of the Panel unless the Chairperson or Chair of the Panel directs that the hearing be conducted by the Commission or Panel.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06, 760.03(5) FS.	New 11-2-78, Formerly 9D-8.16, Amended 2-4-82, 6-16-83, Formerly 22T-8.16, 22T-8.016, Amended ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.017
TITLE	Motions

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.017 Motions.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 9D-8.17, Amended 2-4-82, 6-30-83, Formerly 22T-8.17, 22T-8.017, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.018
TITLE	Consolidation

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.018 Consolidation.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.18, 22T-8.018, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.019
TITLE	Discovery

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.019 Discovery.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.19, 22T-8.019, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.020
TITLE	Pre-hearing Conference

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.020 Pre-hearing Conference.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 9D-8.20, Amended 2-4-82, Formerly 22T-8.20, 22T-8.020, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.021
TITLE	Notice of Hearing

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.021 Notice of Hearing.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 120.57, 760.06 FS.	New 11-2-78, Formerly 22T-8.21, 22T-8.021, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.022
TITLE	Subpoenas

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.022 Subpoenas.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 760.06 FS.	New 11-2-78, Formerly 22T-8.22, 22T-8.022, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.023
TITLE	Witness Fees

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.023 Witness Fees.

(1) Witness fees necessary and incident to a hearing shall be paid by the party at whose instance the witness is summoned. If the Commission or the Executive Director directs that a witness be summoned as a Commission witness, that witness’ fees shall be paid by the Commission. Witness fees shall be tendered, or a voucher submitted at the time of attendance. The fees allowed shall be the same as those allowed by the circuit courts of this state.

(2) Witness fees for Commission employees shall be paid in accordance with subsection 92.142(2), F.S.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
760.06, 120.53 FS.	760.06, 760.10, 92.142, 120.53, 120.57 FS.	New 11-2-78, Amended 2-10-80, Formerly 22T-8.23, 22T-8.02, Amended ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.024
TITLE	Introduction of Evidence; Rights of Parties at Hearing

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.024 Introduction of Evidence; Rights of Parties at Hearing.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 120.57, 760.06 FS.	New 11-2-78, Formerly 9D-8.24, Amended 2-4-82, Formerly 22T-8.24, 22T-8.024, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.025
TITLE	Transcript of Hearing

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.025 Transcript of Hearing.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 120.57, 760.06 FS.	New 11-2-78, Amended 11-8-83, Formerly 22T-8.25, 22T-8.025, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.026
TITLE	Recommended Orders

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.026 Recommended Orders.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 120.57, 760.06 FS.	New 11-2-78, Formerly 22T-8.26, 22T-8.026, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-4.027
TITLE	Exceptions and Briefs

SPECIFIC AUTHORITY	120.52, 120.53, 120.54, 760.06(12), 760.11(14), 760.32(5) FS.
LAW IMPLEMENTED	120.52, 120.53, 120.533, 120.54, 120.542, 509.092, 23.167, 119, 760.01, 760.03, 760.05, 760.06, 760.10, 760.11, 760.30 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for general procedures of the commission.

Summary

Many sections have been repealed in recognition of the Uniform Rules of Procedure. Two sections have been amended to recognize current statutory law and procedures.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-4.027 Exceptions and Briefs.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
120.53, 760.06(13) FS.	120.53, 120.57, 760.06 FS.	New 11-2-78, Amended 2-4-82, 11-8-83, Formerly 22T-8.27, 22T-8.027, Repealed ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-5.001
TITLE	Complaints

SPECIFIC AUTHORITY	120.54, 760.06(12), 760.11(14) FS.
LAW IMPLEMENTED	760.01-.11 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission proceedings to receive, investigate and act upon complaints of unlawful employment practice.

Summary

Amendments have updated rule sections to conform to current procedures and statutory requirements, including the adoption of the Uniform Rules of Procedure, and clarifying when a complaint is filed, and under what conditions, amendments, withdrawals and dismissals of complaints may be made.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-5.001 Complaints.

(1) Who May File. A complaint may be filed by any person aggrieved by an unlawful employment practice. A complaint may also be filed by the Attorney General, a Commissioner, or the Commission. When a complaint is filed by a Commissioner, that Commissioner is the complainant, and shall not participate as a Commissioner in any subsequent proceeding upon that complaint.

(2) Time for Filing. A complaint may be filed at any time within 365 days of the occurrence of the alleged unlawful employment practice. If the alleged unlawful employment practice is of a continuing nature, the date of the occurrence may be any date subsequent to the commencement of the unlawful employment practice up to and including the date on which it shall have ceased.

(3) Place and Date of Filing. A complaint may be filed at the office of the Commission. The date of filing shall be the date of actual receipt of the complaint by the Clerk or other agent of the Commission. Any document received by the Clerk or other agent of the Commission after 5:00 p.m. (Eastern Time) shall be filed as of 8:00 a.m. on the next regular business day.

(4) Relation Back of Certain Complaints. A complaint which would not otherwise be timely may be filed if it: (a) states that another complaint naming the same respondent is properly before the Commission and identifies that other complaint, and (b) alleges the same or additional facts which describe an unlawful employment practice related to or growing out of the subject matter of the other, identified complaint, and (c) would have been timely if filed at the time of, or other time subsequent to, the filing of the other, identified complaint. A complaint under this subsection may be filed by a new complainant and shall relate back to the date the other, identified complaint was first received.

(5) Form. The complaint must be in writing and shall be signed by the complainant. The complaint shall be verified.

(6) Contents.

(a) The complaint should contain the following information:

1. The name, address and telephone number of the person filing the complaint;

2. The name, address and telephone number of the respondent;

3. A clear and concise statement of the facts, including pertinent dates, constituting the unlawful employment practice;

4. If known, the approximate number of employees of a respondent employer;

5. If known, a statement disclosing whether proceedings involving the alleged unlawful employment practice have been commenced before a Federal, State or local agency charged with the enforcement of fair employment practice laws and, if so, the date of such commencement and the name of the agency.

(b) Notwithstanding the provision of paragraph (a) of this subsection, a complaint is sufficient if it is in writing, signed by the Complainant, verified, and is sufficiently precise to identify the parties and to describe generally the action or practice complained of.

(7) Amendments.

(a) A complaint may be reasonably and fairly amended within 60 days after filing and, thereafter, for good cause with the consent of the Executive Director.

(b)~~(a)~~ A complaint may be amended to cure technical defects, or omissions, including vertification, or to clarify and amplify allegations made therein. Such amendments and amendments which describe an additional unlawful employment practice related to or growing out of the subject matter of the original complaint will relate back to the date the complaint was first received.

(c)~~(b)~~ An amendment adding or changing a respondent will relate back to the date the complaint was first received if, within the period provided by subsection (2), the new respondent (i) has received such notice of the filing of the complaint as is sufficient to avoid prejudice in a defense on the merits, and (ii) knew or should have known that, but for a mistake concerning identity of the proper respondent, the complaint would have been filed against the new respondent.

(c) An amendment may be filed at any time before service of a Notice of Determination. After a Notice of Determination has been served, an amendment may be filed only with the permission of the Executive Director, for good cause shown.

(8) Withdrawal. A complaint may be withdrawn by a complainant at any time; however, following the issuance of a Notice of Determination, withdrawal may be made only with the consent of the Executive Director.

(9) Notice to Respondent. When it is determined that a complaint is complete and has been timely filed. The Executive Director shall cause notice of the filing and a copy of the complaint to be served upon the respondent. Notice shall be served within 5 days of the date of filing. An amendment likewise shall be served upon the respondent. Commission, within 5 days of the complaint being filed, shall send by registered mail notice of the filing and a copy of the complaint to the respondent. An amendment likewise shall be sent by registered mail to the respondent.

(10) Maintenance of ~~Employment~~ Records. Once a complaint has been served on a respondent, the respondent shall preserve all ~~personnel records, production~~ records and other evidence which may pertain to the complaint until the matter has been finally determined.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
760.06(12), 760.11(14) FS.	760.06, 760.10, 760.11(1) FS.	New 11-2-78, Amended 10-4-82, Formerly 22T-9.01, 22T-9.001, Amended 1-28-99, 2-23-00, ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-5.0011
TITLE	Answer

SPECIFIC AUTHORITY	120.54, 760.06(12), 760.11(14) FS.
LAW IMPLEMENTED	760.01-.11 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission proceedings to receive, investigate and act upon complaints of unlawful employment practice.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-5.0011 Answer.

(1) Responded may file an answer to the complaint within 25 days of the date of notice of the filing. The answer shall be verified.

(2) The Answer may be reasonably and fairly amended at any time prior to the issuance of a determination pursuant to Rule 60Y-5.004, F.A.C.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-5.003
TITLE	Investigation of Complaints

SPECIFIC AUTHORITY	120.54, 760.06(12), 760.11(14) FS.
LAW IMPLEMENTED	760.01-.11 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission proceedings to receive, investigate and act upon complaints of unlawful employment practice.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-5.003 Investigation of Complaints.

(1) By Whom. The investigation of the complaint shall be made by the Office of Employment Investigations or by any other person designated by the Executive Director. The Executive Director may utilize services of other public agencies, state, local or federal, which are charged with the administration of fair employment practice laws, and may utilize the information gathered by such.

(2) Statement of Complainant. During the course of an investigation, the complainant may be required to provide a statement which includes:

(a) A statement of each particular harm which the aggrieved person has suffered and the date on which each harm occurred;

(b) For each harm, a statement specifying the act, policy or practice which is alleged to be unlawful;

(c) For each act, policy, or practice alleged to have harmed the aggrieved person, a statement of the facts which lead the complainant to believe that the act, policy or practice is discriminatory.

(3) Requests for Information. During the course of an investigation, the Office of Employment Investigations may request of any person information concerning the facts and circumstances of the complaint. Requests for information may be made in the following manner:

(a) Oral interviews;

(b) Written interrogatories;

(c) Requests for production of documents;

(d) Requests for entry upon land for inspection and other purposes;

(e) Requests for a written statement or affidavit.

(4) Failure to Provide Information – Respondent. In the event a respondent fails to provide information within that person’s control, which is requested pursuant to subsection (3), and reasonable notice and opportunity to cure have been given, an inference may be drawn, in a determination of reasonable cause pursuant to Rule 60Y-5.004, F.A.C., that such information is adverse to the respondent’s interest.

(5) Failure to Cooperate – Complainant.

(a) Where the complainant fails to provide a necessary statement, fails or refuses to appear or be available for interview or meetings, fails or refuses to provide necessary information requested by the Office of Employment Investigations pursuant to this section or otherwise refuses to cooperate to the extent that the Office of Employment Investigations is unable to resolve the complaint, and after notice the complainant has failed to duly respond to the Office of Employment Investigations within 30 days, the Executive Director may dismiss the complaint, which shall constitute final Agency action.

(b) In the event a complainant fails to appear at or fails or refuses to participate in a fact-finding conference scheduled in the complainant’s area of residence or at the place most convenient to all parties as determined by the Office of Employment Investigations, and after being provided at least fourteen days notice of such conference, which notice shall advise complainant of the provisions of this rule, the Executive Director may dismiss the complaint; provided, however, that no complaint may be dismissed pursuant to this rule where within fourteen days of the scheduled conference the complainant has filed with the Commission information establishing good cause for complainant’s nonappearance or nonparticipation. Such information should include sworn statements of those individuals having direct knowledge of pertinent events causing the nonappearance or nonparticipation, as well as any other relevant evidence.

(6) Subpoena. In the event any person fails to provide requested information, the Executive Director may issue and sign a subpoena on behalf of the Commission. The subpoena shall state the name and address of the issuer, identify the person subpoenaed, the person to whom and the place, date, and time at which it is returnable. A subpoena may be returnable to a representative of the Commission.

(7) Enforcement of Subpoena. In the event the person to whom the subpoena is directed fails to obey the subpoena, the Executive Director may direct the General Counsel to apply to a circuit court for an order of compliance.

(8) Suspension of Investigation. Upon the request of the complainant or respondent, the Executive Director or his designee ~~Administrator of Employment Investigations~~ may suspend an investigation during the pendency of a grievance proceeding, on the same subject, to which the complainant and respondent are parties. This suspension shall normally be granted for not more than 45 days and only if there is reason to believe that the pending proceeding will fully resolve the matters raised by the complaint.

(9) Access to Files During Investigation. Information obtained during the investigation of a complaint shall be disclosed only to the complainant, respondent or their authorized representative, or to a witness, only when disclosure is deemed necessary for the investigation or for securing appropriate disposition of the complaint.

(10) Negotiated Settlement. During the mediation and/or investigation processes, the Commission ~~Office of Employment Investigations~~ shall endeavor to encourage the complainant and the respondent to settle the complaint on mutually agreeable terms. If the settlement is achieved by a Negotiated Settlement Agreement, its terms shall be reduced to writing and signed and dated by the complainant and respondent. If a settlement is achieved as a Withdrawal with Settlement, only the complainant need sign and date. A copy of the agreement shall be filed with the Clerk. A complaint which has been settled may be dismissed by the Executive Director upon such terms and at such time as may be provided in the written agreement subject to compliance.

FLRules.org ©
8/29/2003

Rulemaking Authority	Law Implemented	History
760.06(13), 760.11(14) FS.	760.03(7), 760.06, 760.10, 760.11(2), (12) FS..	New 11-2-78, Amended 8-12-85, Formerly 22T-9.03, Amended 8-11-86, Formerly 22T-4.003, Amended ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-5.004
TITLE	Executive Director’s Investigatory Determination; Notice

SPECIFIC AUTHORITY	120.54, 760.06(12), 760.11(14) FS.
LAW IMPLEMENTED	760.01-.11 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission proceedings to receive, investigate and act upon complaints of unlawful employment practice.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-5.004 Executive Director’s Investigatory Determination; Notice.

(1) Upon completion of an investigation, if a complaint has not been settled or withdrawn, the Office of Employment Investigations shall report the investigation, with recommendation, to the Office of General Counsel. The Office of General Counsel shall review the report and shall make a recommendation to the Executive Director as to whether there is reasonable cause to believe that an unlawful employment practice has occurred.

(2) If the recommendation is based upon lack of jurisdiction over the respondent or subject matter of the complaint or upon untimely filing of the complaint, the Executive Director may dismiss the complaint pursuant to subsection 60Y-5.006(3) or (11), F.A.C., provided that the investigation does not reveal any disputed issues of material fact. The Executive Director shall issue a determination on the foregoing bases of lack of jurisdiction or untimeliness where disputed issues of material fact appear to exist.

(3) After a determination has been made by the Executive Director, the Clerk shall serve a Notice of Determination, with copies of the determination, upon the complainant and the respondent.

(4) A Notice of Determination of Reasonable Cause shall include an invitation to participate in conciliation and shall advise the complainant of the elective right to file either a Petition for Relief, pursuant to Rule 60Y-5.008, F.A.C., within 35 days of the date of determination or a civil action within one year of the date of determination. A Petition for Relief form, in blank, shall be provided to the complainant at the time of service of the notice.

(5) A Notice of Determination of No Reasonable Cause, No Jurisdiction or Untimeliness shall advise the complainant of the right to file a Petition for Relief, pursuant to Rule 60Y-5.008, F.A.C., within 35 30 days of the date of determination ~~service of the notice~~. A ~~form~~, Petition for Relief form, ~~hereby incorporated by reference~~, in blank, shall be provided to the complainant at the time of service of the notice.

(6) A Notice of Determination shall further advise the parties of the right to request redetermination, pursuant to Rule 60Y-5.007, F.A.C., within 20 days of service of the notice. If the complainant requests redetermination, the 30-day period for filing a Petition for Relief shall be tolled until service of a Notice of Redetermination.

(6)~~(7)~~ After service of a Notice of Determination, the parties named in the determination may inspect the records and documents, in the custody of the Commission, which pertain to the determination. The Executive Director may direct that a particular record, document or portion thereof be withheld from inspection by a party only when necessary for the protection of a witness or third party, or for the preservation of a trade secret.

Rulemaking Authority	Law Implemented	History
760.06(13) FS.	760.03(7), 760.06, 760.10, 760.11(2), (3), (4), (7) FS.	New 11-2-78, Amended 6-16-83, 8-12-85, Formerly 22T-9.04, 22T-9.004, Amended ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-5.005
TITLE	Conciliation

SPECIFIC AUTHORITY	120.54, 760.06(12), 760.11(14) FS.
LAW IMPLEMENTED	760.01-.11 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission proceedings to receive, investigate and act upon complaints of unlawful employment practice.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-5.005 Conciliation.

(1) After service of a Notice of Determination of Reasonable Cause pursuant to Rule 60Y-5.004, F.A.C., the Commission ~~Office of Employment Investigations~~ shall endeavor to eliminate any unlawful employment practice by informal methods of conference, conciliation and persuasion.

(2) The Commission ~~Office of Employment Investigations~~ shall attempt to achieve a just resolution of all violations found, and to obtain agreement that the respondent will eliminate the unlawful practice and provide appropriate affirmative relief. Where such conciliation attempts are successful, the terms of the conciliation agreement shall be reduced to writing and signed by the complainant, the respondent and the Executive Director or the person designated by the Executive Director. The original of the signed agreement shall be filed with the Clerk, and copies shall be served upon the respondent and the complainant.

(3)~~(2)~~ A duly executed conciliation agreement shall operate as a dismissal of the complaint; however, prior to the filing of the conciliation agreement, the parties may stipulate therein to bringing the agreement before a Panel of Commissioners. The Panel in its sole discretion may adopt the conciliation agreement as a consent order.

(4) Concilation has not been signed and the complaint has not been withdrawn or dismissed within the time period established for filing a Petition for Relief, the Executive Director shall dismiss the complaint.

(3) If, 30 days after service of a Notice of Determination of Reasonable Cause, a conciliation agreement has not been signed and the complaint has not been withdrawn or dismissed, the Executive Director shall cause a Notice of Failure of Conciliation to be served upon the complainant and the respondent. The 30-day period may be extended only by written stipulation of the complainant and the respondent or by the Office of Employment Investigations. The Executive Director or Administrator of Employment Investigations may shorten the 30-day period if it appears that conciliation will not be achieved. The Notice of Failure of Conciliation shall state that the complainant may file a Petition for Relief, pursuant to Rule 60Y-5.008, F.A.C., within 30 days of service of the notice. A form, Petition for Relief, in blank, shall be provided to the complainant at the time of service of the Notice of Failure of Conciliation.

(4) Where a Request for Redetermination is filed, pursuant to Rule 60Y-5.007, F.A.C., during the conciliation period, conciliation will be stayed until the Executive Director has acted upon the request.

Rulemaking Authority	Law Implemented	History
760.06(13) FS.	760.06, 760.10 FS.	New 11-2-78, Amended 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.05, 22T-9.005, Amended ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-5.006
TITLE	Administrative Dismissal of a Complaint

SPECIFIC AUTHORITY	120.54, 760.06(12), 760.11(14) FS.
LAW IMPLEMENTED	760.01-.11 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission proceedings to receive, investigate and act upon complaints of unlawful employment practice.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-5.006 Administrative Dismissal of a Complaint.

The Executive Director, on behalf of the Commission, may dismiss a complaint upon one or more of the following grounds:

(1) The complainant has failed or refused to cooperate or has failed to appear at or fails or refuses to participate in a duly noticed fact-finding conference and after notice pursuant to subsection 60Y-5.003(5), F.A.C., has failed to duly respond or show good cause for such nonappearance or nonparticipation;

(2) The complaint has been resolved by negotiated settlement pursuant to subsection 60Y-5.003(10), F.A.C.;

(3) The complaint has not been timely filed with the Commission;

(4) After service of Notice of Determination of Reasonable Cause, No Reasonable Cause, or No Jurisdiction ~~or Untimeliness~~, the complainant has failed to file a ~~Request for Redetermination pursuant to Rule 60Y-5.007, F.A.C., or has failed to file~~ a Petition for Relief pursuant to Rule 60Y-5.008, F.A.C.;

(5) Anytime after the expiration of 180 days from the date of filing the complaint when a Determination of Reasonable Cause or No Reasonable Cause has not been issued by the Commission and after the Complainant files notice of a planned, or files a, civil action in a court of competent jurisdiction. ~~after service of a Notice of Redetermination of No Reasonable Cause, No Jurisdiction or Untimeliness, the complainant has failed to file a Petition for Relief pursuant to Rule 60Y-5.008, F.A.C.~~;

(6) after service of a Notice of Failure of Conciliation, the complainant has failed to file a Petition for Relief pursuant to 60Y-5.008, F.A.C.;

(6)~~(7)~~ The ~~the~~ complainant cannot be located after reasonable efforts to locate have been made and there is no response from the complainant within 30 days after notice was sent by certified mail to the complainant’s last known address;

(7)~~(8)~~ An an agreement to submit to arbitration has been filed pursuant to Rule 60Y-5.009, F.A.C.;

(8)~~(9)~~ The ~~the~~ complainant has voluntarily dismissed the petition for relief pursuant to subsection 60Y-5.008(7)~~(9)~~, F.A.C.;

(9)~~(10)~~ The ~~the~~ complainant has voluntarily withdrawn the complaint, ~~including during the period from the issuance of the investigative determination through the final date in which a petition for relief from an unlawful employment practice may be filed~~; or

(10)~~(11)~~ There ~~there~~ is no jurisdiction over the respondent or subject matter of the complaint.

Rulemaking Authority	Law Implemented	History
760.06(13) FS.	20.05, 760.06, 760.10 FS.	New 11-2-78, Amended 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.06, Amended 8-11-86, Formerly 22T-9.006, Amended ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-5.008
TITLE	Petition for Relief from an Unlawful Employment Practice

SPECIFIC AUTHORITY	120.54, 760.06(12), 760.11(14) FS.
LAW IMPLEMENTED	760.01-.11 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission proceedings to receive, investigate and act upon complaints of unlawful employment practice.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-5.008 Petition for Relief from an Unlawful Employment Practice.

(1) Petition. A complainant may file a Petition for Relief from an Unlawful Employment Practice within 35 30 days of the Date service of a Notice of Failure of Conciliation, a Notice of Determination of Reasonable Cause, No Reasonable Cause, a Notice of Determination of No Jurisdiction or a Notice of Determination of Untimeliness; or where redetermination has been requested, a Notice of Redetermination of No Reasonable Cause, a Notice of Redetermination of No Jurisdiction or a Notice of Redetermination of Untimeliness. Notwithstanding the provisions of subsection 60Y-4.004(2) and Rule 60Y-4.005, F.A.C., a. A complainant who is not represented by an attorney may file a Petition for Relief without copies or proof of service, and the Clerk shall prepare copies and serve them upon all other parties.

(2) For good cause shown, the Chairperson may grant an extension of time to file the Petition for Relief from an Unlawful Employment Practice, provided the motion for extension of time is filed within the 35 ~~30-~~day period prescribed by subsection 60Y-5.008(1), F.A.C.

(3) Procedures. Petitions for Relief, and proceedings thereupon, are governed by the provisions of Chapters 28-106 and 60Y-4, Florida Administrative Code, except as otherwise provided by this section.

(4) Class Allegations.

(a) The petition may include an allegation that the respondent has acted or refused to act on grounds generally applicable to a class, in which case the petition shall also include a description of the class of persons allegedly affected.

~~(5) Answer.~~

~~(a) Each respondent shall file an answer with the Commission within 20 days of service of the petition.~~

(b) The answer shall include a specific admission, denial, or explanation of each allegation of the petition; or if the respondent is without knowledge thereof, it shall so state, in which case such statement shall operate as a denial. Admissions or denials may be made to all or part of a particular allegation.

~~(c) The answer shall include a specific, detailed statement of any affirmative defense. Failure to plead an affirmative defense shall constitute a waiver of that defense.~~

(d) If a respondent fails to file a timely answer, such failure shall be deemed to constitute an admission of the material facts alleged in the petition. Any allegation within the petition which is not denied in the answer shall be deemed admitted.

~~(e) The filing of a motion to dismiss shall not toll the time for filing an answer.~~

(6) Notice to Commissioners or Members of a Panel. The Clerk shall serve notice of the petition upon all Commissioners unless a Panel has been designated by the Chairperson. If a Panel has been designated, the Clerk shall serve notice upon the members of that Panel.

(b)~~(7) Certification of Class.~~ If the petition contains class allegations, the administrative law judge hearing officer, on motion of a party, may include in the recommended order a proposed certification of the class if (a) the class is so numerous that joinder of all members is impractical, (b) there are questions of law or fact common to the class, (c) the claims of the petitioner are typical of the claims of the class, and (d) the petitioner will fairly and adequately protect the interests of the class. If the hearing officer proposes that a class be certified, the hearing officer may also include in the recommended order proposed findings and conclusions concerning the respondent’s liability to the class. However, the hearing officer shall not initially consider other class issues unless it is determined that such consideration will not cause undue delay to the completion of the hearing.

(5)~~(8)~~ Final Orders; Relief; Remand. Upon consideration of a recommended order, the Commission or Panel may order that the petition and complaint be dismissed or may determine that an unlawful employment practice has occurred. In the event the Commission or Panel determines that an unlawful employment practice has occurred, it shall issue an order prohibiting the practice and providing relief from the effects of the practice. If the Commission or Panel finds that the proceeding is properly maintained as a class proceeding, the order of the Commission or Panel may direct a remand to the hearing officer of any class issue which the Commission or Panel has not determined. The order of the Commission or Panel shall constitute final agency action as to all matters except those which are remanded to the hearing officer.

(6)~~(9)~~ Proceedings After Remand. An order of remand, pursuant to subsection (5)~~(7)~~, or a subsequent order of the hearing officer, may direct that notice of pendency of the proceeding be served upon members of the class. Such an order shall specify the manner of service of the notice and the person responsible for service. Any member of the class who does not, within 15 days of service of the notice of pendency or within such other time as the order may provide, file with the Commission an election of non- participation in the class shall be bound by an order of the Commission or Panel made subsequent to the giving of such notice.

(7)~~(10)~~ Voluntary Dismissal. A Petition for Relief may be dismissed by the Petitioner without order of the hearing officer, Panel of Commissioners or Commission (i) by serving, or during hearing, by stating on the record, a notice of dismissal at any time before the issuance of a recommended order ~~Commission takes final action~~ or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. The dismissal operates with prejudice with respect to Petitioner’s Chapter 760, F.S., administrative remedies and constitutes final agency action.

Rulemaking Authority	Law Implemented	History
760.06(13) FS.	760.06, 760.10 FS.	New 11-2-78, Amended 2-4-82, 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.08, 22T-9.008, Amended ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-7.001
TITLE	Complaints

SPECIFIC AUTHORITY	120.53, 760.06(12), 760.31(5) FS.
LAW IMPLEMENTED	120.53, 760.20-760.37 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission proceedings to receive, investigate and act upon complaints of discriminatory housing practices.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-7.001 Complaints.

(1) Who may file. A complaint may be filed by any person who claims to have been injured by a discriminatory housing practice or any person who believes that he will be injured by a discriminatory housing practice that is about to occur.

(2) Time for Filing. A complaint may be filed at any time within one year of the occurrence of the alleged discriminatory housing practice. If the alleged discriminatory housing practice is of a continuing nature, the date of the occurrence may be any date subsequent to the commencement of the discriminatory housing practice up to and including the date on which it shall have ceased.

(3) Place and Date of Filing. A complaint shall be filed at the office of the Commission. The date of filing shall be the date of actual receipt of the complaint by the Clerk or other agent of the Commission. Any document received by the Clerk or other agent of the Commission after 5:00 p.m. (Eastern Time) shall be filed as of 8:00 a.m. on the next regular business day.

(4) Form. The complaint must be in writing and shall be signed by the complainant. The complaint shall be verified.

(5) Contents.

(a) The complaint should contain the following information:

1. The name, address and telephone number of the person filing the complaint;

2. The name, address and telephone number of the respondent;

3. A clear and concise statement of the facts, including pertinent dates, constituting the discriminatory housing practice;

4. If known, a statement disclosing whether proceedings involving the alleged discriminatory housing practice have been commenced before a Federal, State or local agency charged with enforcement of fair housing practice laws and, if so, the date of such commencement and the name of the agency.

(b) Notwithstanding the provision of paragraph (a) of this subsection, a complaint is sufficient if it is in writing under oath or affirmation and is sufficiently precise to identify the parties and to describe generally the action or practice complained of.

(6) Amendments.

(a) A complaint may be reasonably and fairly amended within 60 days after filing and, thereafter, for good cause with the consent of the Executive Director ~~at any time~~.

(b) A complaint may be amended to cure technical defects, or omissions, including verification, or to clarify and amplify allegations made therein. Such amendments and amendments which describe an additional discriminatory housing practice relating to or growing out of the subject matter of the original complaint will relate back to the date the complaint was first received.

(c) An amendment adding or changing a respondent will relate back to the date the complaint was first received if, within the period provided by subsection (2) of this section, the new respondent (i) has received such notice of the filing of the complaint as is sufficient to avoid prejudice in a defense on the merits, and (ii) knew or should have known that, but for a mistake concerning identity of the proper respondent, the complaint would have been filed against the new respondent.

(7) Withdrawal. A complaint may be withdrawn by a complainant at any time; however, following the issuance of a Notice of Determination, withdrawal may be made only with the consent of the Executive Director.

(8)

(a)

1. Notice to Respondent. When it is determined that a complaint is complete and has been timely filed, the Executive Director shall cause notice of the filing and a copy of the complaint to be served upon the respondent. Notice should be served within 10 days of the date of filing. An amendment likewise shall be served upon the respondent.

2. The notice shall advise the respondent of relevant procedural rights and obligations by referencing, for example, Sections 760.20-760.37, F.S., and Chapters 60Y-6, 60Y-7, 60Y-8, and 60Y-9, F.A.C..

3. The notice shall advise the respondent of the complainant’s right to commence a civil action under Section 760.35, F.S., in court, not later than two years after the occurrence or termination of the alleged discriminatory housing practice. If filed in federal court under federal law, tThe notice will state that the computation of this two-year period excludes any time during which the matter is pending for administrative relief with respect to a complaint or charge based on the alleged discriminatory housing practice. The notice will also state, however, that the time period includes the time during which an action arising from a breach of a conciliation agreement under Section 760.36, F.S., is pending.

4. The notice shall advise the respondent that retaliation against any person because he or she made a complaint or testified, assisted or participated in an investigation or conciliation under Florida’s Fair Housing Act is a discriminatory housing practice that is prohibited.

(b) Notice to Complainant.

1. The Commission shall serve notice upon the complainant acknowledging the filing of the complaint, advising the complainant of the time limits set forth in Rule 60Y-7.004, F.A.C.

2. The Commission shall serve notice upon the complainant advising the complainant of the statutory remedies and choice of forums by referencing Sections 760.34, 760.35 and 760.37, F.S., and by informing the complainant that Section 760.34, F.S., is neither an obstacle nor a prerequisite to commencement of a separate civil action on his own under Section 760.35, F.S.

3. The notice shall advise the complainant of his right to commence a civil action under Section 760.35, F.S., in a court, not later than two years after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that, if filing in federal court under federal law, the computation of this two-year period excludes any time during which the matter is pending for administrative relief with respect to a complaint or charge, based on the alleged discriminatory housing practice. The notice will also state, however, that the time period includes the time during which an action arising from a breach of a conciliation agreement under Section 760.36, F.S., is pending.

4. The notice shall advise the complainant that retaliation against any person because he or she made a complaint or testified, assisted, or participated in an investigation or conciliation under Florida’s Fair Housing Act is a discriminatory housing practice that is prohibited.

5. Upon an investigatory determination of reasonable cause, the Commission shall serve notice upon the complainant advising the complainant that at the election of the complainant, the Attorney General shall bring an action in the name of the state on behalf of the complainant to enforce the provisions of Sections 760.20-760.37, F.S.

6. The complainant must make his election within 20 days after receipt of the notice. If an election is made for a civil action by the Attorney General, then a civil action shall be commenced and maintained within a reasonable time from the date of the election.

7. In addition, complainant shall be advised that, as an alternative to the Attorney General bringing an action, the Commission will petition for an administrative hearing and seek relief for complainant under Section 120.57, F.S., and prosecute the matter to a final agency order, which may include defending against an appeal by the respondent.

8. At all times, however, Complainant retains the right to seek administrative or judicial relief without governmental assistance.

(9) Maintenance of Records. Once a complaint has been served on the respondent, the respondent shall preserve all records and other evidence which may pertain to the complaint until the matter has been finally determined.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-7.002
TITLE	Answer

SPECIFIC AUTHORITY	120.53, 760.06(12), 760.31(5) FS.
LAW IMPLEMENTED	120.53, 760.20-760.37 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission proceedings to receive, investigate and act upon complaints of discriminatory housing practices.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-7.002 Answer.

(1) Respondent may ~~shall~~ file an answer to the complaint within 20 days of the date of notice of the filing. The answer shall be verified ~~sworn to or affirmed before a notary public, or other person duly authorized by law to administer oaths and take acknowledgements~~.

(2) The answer may be reasonably and fairly amended at any time prior to the issuance of a Notice of Determination.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-7.004
TITLE	Investigation of Complaints

SPECIFIC AUTHORITY	120.53, 760.06(12), 760.31(5) FS.
LAW IMPLEMENTED	120.53, 760.20-760.37 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission proceedings to receive, investigate and act upon complaints of discriminatory housing practices.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-7.004 Investigation of Complaints.

(1)

(a) By whom. The investigation of the complaints shall be made by the Office of ~~Community Relations and~~ Housing Investigations or by any other person ~~Commission employee~~ designated by the Executive Director. The Executive Director may utilize services of other public agencies, state, local or federal, which are charged with the administration of fair housing practice laws, and may utilize the information gathered by such.

(b) Investigatory proceedings shall commence before the end of the 30th day after receipt of the complaint.

(2) Statement of Complainant. During the course of an investigation, the complainant may be required to provide a statement which includes:

(a) A statement of each particular harm which the aggrieved person has suffered and the date on which each harm occurred.

(b) For each harm, a statement specifying the act, policy or practice which is alleged to be unlawful.

(c) For each act, policy or practice alleged to have harmed the aggrieved person, a statement of the facts which lead the complainant to believe that the act, policy or practice is discriminatory.

(3) Requests for Information. During the course of an investigation, the Office of ~~Community Relations and~~ Housing Investigations may request of any person information concerning the facts and circumstances of the complaint. Requests for information may be made in the following manner:

(4) Failure to Cooperate – Complainant. Where the complainant fails to provide a necessary statement, fails or refuses to appear or be available for interviews or meetings, fails or refuses to provide necessary information requested by the Office of ~~Community Relations and~~ Housing Investigations pursuant to this section or otherwise refuses to cooperate to the extent that the Office of ~~Community Relations and~~ Housing Investigations is unable to resolve the complaint, and where after notice the complainant has failed to duly respond to the Office of ~~Community Relations and~~ Housing Investigations, the Executive Director may dismiss the complaint based upon complainant’s failure to cooperate.

(5) Subpoena. The Commission and the respondent may compel access to or the production of documents or the appearance of persons under the following conditions:

(a) The Executive Director may issue subpoenas to compel access to or the production of documents or the appearance of such persons as are reasonably necessary for the investigation.

(b) The respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the Commission to the same extent and subject to the same limitations as subpoenas issued by the Commission on its own initiative.

(c) Each subpoena shall state the name and address of the issuer, identify the person subpoenaed, and identify the person to whom and the place, date and time at which it is returnable.

(d) Within 5 days after service of a subpoena upon any person, such person may petition the Executive Director to revoke or modify the subpoena. The Executive Director shall grant the petition if he finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, or that compliance would be unduly onerous or for other good reason.

(e) In case of refusal to obey a subpoena, the Executive Director or the person at whose request the subpoena was issued may petition for its enforcement in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served or transacts business.

(f) Witnesses summoned by subpoena of the Commission shall be entitled to the same witness and mileage fees as are witnesses in proceedings in court. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by the respondent.

(6) Access to Files During Investigation. Information obtained during the investigation of a complaint shall be disclosed only to the complainant, respondent or their authorized representative, or to a witness, only when disclosure is deemed necessary for the investigation or for securing appropriate disposition of the complaint.

(7) Negotiated Settlement. During the mediation and/or investigation processes, the Commission Office of ~~Community Relations and Housing Investigations~~ shall endeavor to encourage the complainant and the respondent to settle the complaint on mutually agreeable terms. If the settlement is achieved by a Negotiated Settlement Agreement, its terms shall be reduced to writing and signed and dated by the complainant and the respondent. If a settlement is achieved as a Withdrawal with Settlement, only the complainant need sign and date. A copy of the agreement shall be filed with the Clerk. A complaint which has been settled may be dismissed by the Executive Director upon such terms and at such time as may be provided in the written agreement subject to compliance.

(8)

(a) Within 100 days after receiving a complaint or within 100 days after the expiration of any period of reference under Rule 60Y-7.003, F.A.C., the Commission shall investigate the complaint and give notice in writing to the person aggrieved whether the investigatory determination is “No Cause” or “Cause.” If the investigatory determination is “Cause,” the Commission shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion.

(b) If the Commission is unable to complete its investigation within 100 days, it shall notify the complainant and respondent in writing of the reasons for not doing so.

(9) If the investigatory determination is “No Cause,” the Executive Director shall issue a “Notice of Determination (No Cause)” and serve it upon the complainant and the respondent. The “Notice of Determination (No Cause)” shall state that the complainant may request an administrative hearing ~~be conducted on the claim~~, by filing a Petition for Relief from a Discriminatory Housing Practice within 30 days of service of the notice. A form, Petition for Relief, in blank, shall be provided to the complainant at the time of service of the “Notice of Determination (No Cause)”.

(10) If the investigatory determination is “Cause,” the Executive Director shall issue a “Notice of Determination (Cause)” and serve it upon the complainant and the respondent. The notice shall inform the complainant of the options and mandated times for action outlined in paragraph 60Y-7.001(8)(b). Concurrently, the Commission may also attempt to conciliate the case pursuant to Rule 60Y-7.005, F.A.C.

(11)~~(10)~~ The Commission will make final administrative disposition of a complaint within 100 days ~~one year~~ of the date of receipt of the complaint, unless it is impracticable to do so. If the Commission is unable to do so, it shall notify the complainant and respondent in writing of the reasons for not doing so.

Rulemaking Authority	Law Implemented	History
120.53, 760.31(5) FS.	120.53, 760.34 FS.	New 1-25-90, Amended 11-20-91, Formerly 22T-21.004, Amended 11-18-92, ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-7.005
TITLE	Conciliation

SPECIFIC AUTHORITY	120.53, 760.06(12), 760.31(5) FS.
LAW IMPLEMENTED	120.53, 760.20-760.37 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission proceedings to receive, investigate and act upon complaints of discriminatory housing practices.

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-7.005 Conciliation.

(1) If the Commission decides to resolve the complaint, it shall endeavor to eliminate any discriminatory housing practice by informal methods of conference, conciliation and persuasion. Insofar as possible, conciliation meetings shall be held in the city or other locality where the discriminatory housing practice allegedly occurred.

(2) The Commission shall attempt to achieve a just resolution of all violations found, and to obtain agreement that the respondent will eliminate the discriminatory housing practice and provide appropriate affirmative relief. Where such conciliation attempts are successful, the terms of the conciliation agreement shall be reduced to writing and signed by the complainant, the respondent and the Executive Director or person designated by the Executive Director. The original of the signed agreement shall be filed with the Clerk, and copies shall be served upon the respondent and the complainant.

(3) A duly executed conciliation agreement shall operate as a dismissal of the complaint; however, prior to the filing of the conciliation agreement, the parties may stipulate therein to bringing the agreement before a Panel of Commissioners. The Panel in its discretion may adopt the conciliation agreement as a consent order.

(4) If a conciliation agreement has not been signed and the complaint has not been withdrawn or dismissed within the time period established for filing a Petition for Relief, the Executive Director shall dismiss the complaint, 30 days after service of a “Notice of Determination (Cause)” a conciliation agreement has not been signed and the complaint has not been withdrawn or dismissed, the Executive Director shall cause a Notice of Failure of Conciliation to be served upon the complainant and the respondent. The 30-day period may be extended only by written stipulation of the complainant and the respondent or by the Executive Director. The Executive Director may shorten the 30-day period if it appears that conciliation will not be achieved.

(5) The Notice of Failure of Conciliation shall state that by filing a Petition for Relief from a Discriminatory Housing Practice within 30 days of service of the notice, the complainant may request that an administrative hearing be conducted on the claim. A form, Petition for Relief, in blank, shall be provided to the complainant at the time of service of the Notice of Failure of Conciliation. The Notice of Failure of Conciliation shall further advise that, at the request of the complainant, the Attorney General shall bring a civil action in the name of the State on behalf of the complainant to enforce the provisions of the Fair Housing Act.

Rulemaking Authority	Law Implemented	History
120.53, 760.31(5) FS.	120.53, 760.34 FS.	New 1-25-90, Formerly 22T-21.005, Amended 11-18-92, ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-8.001
TITLE	Petition for Relief from a Discriminatory Housing Practice

SPECIFIC AUTHORITY	120.53, 760.06(12), 760.31(5) FS.
LAW IMPLEMENTED	120.53, 760.20-760.37 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule section provides for Petitions for Relief from a discriminatory housing practice.

Summary

Amendments have updated the section to reflect the adoption of the Uniform Rules of Procedure and to current commission practices.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-8.001 Petition for Relief from a Discriminatory Housing Practice.

(1) Petition. A complainant may file a Petition for Relief from a Discriminatory Housing Practice within 30 days of service of a Notice of Determination (No Cause) or Notice of Determination (Cause) ~~Failure of Conciliation~~. The Executive Director on behalf of the Commission may institute an action by filing ~~file~~ a Petition for Relief from a Discriminatory Housing Practice upon determining there is reasonable cause to believe that a discriminatory practice has occurred and has been unable to obtain voluntary compliance with Sections 760.20-760.37, F.S. ~~within 30 days of Services of a Notice of Failure of Conciliation~~. The Clerk shall prepare copies of the petition and serve them upon all other parties named in the petition by certified mail.

(2) For good cause shown, the Chairperson may grant an extension of time to the complainant to file the Petition for Relief, provided the motion for extension of time is filed within the 30-day period.

(3) Procedures. Petitions for Relief, and proceedings thereupon, are governed by the provisions of Chapters 28-106 and 60Y-4, F.A.C., except as otherwise provided by this section.

~~(4) Answer.~~

(5) Notice to Commissioners or Members of a Panel. The Clerk shall serve notice of the petition upon all Commissioners unless a panel has bee designated by the Chairperson. If a Panel has been designated, the Clerk shall serve notice upon the members of that Panel.

(4)~~(6)~~ Final Orders; Relief; Remand. Upon consideration of a recommended order, the Commission or Panel may order that the petition and complaint be dismissed or may determine that a discriminatory housing practice has occurred. In the event the Commission or Panel determines that a discriminatory housing practice has occurred, it shall issue an order prohibiting the practice and providing relief from the effects of the practice, including quantifiable damages and reasonable attorney’s fees and costs. The order of the Commission or Panel shall be final as to all matters except those which are remanded to the Administrative Law Judge ~~Hearing Officer~~.

(5)~~(7)~~ Voluntary Dismissal. A Petition for Relief filed by a complainant may be dismissed by the complainant without order of the Administrative Law Judge ~~hearing office~~, Panel of Commissioners or Commission (i) by serving, or during hearing, by stating on the record, a notice of dismissal at any time before the issuance of a recommended order ~~the Commission takes final action~~ or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. The dismissal operates with prejudice with respect to Petitioner’s Chapter 760, F.S. ~~complainant’s~~ administrative remedies and constitutes final agency action.

Rulemaking Authority	Law Implemented	History
120.53, 760.31(5) FS.	120.53, 760.34, 760.35 FS.	New 1-25-90, Formerly 22T-22.001, Amended 11-18-92, ________.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-9.001
TITLE	Purpose

SPECIFIC AUTHORITY	760.06(12), 760.31(5) FS.
LAW IMPLEMENTED	760.29 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission’s implementation of the provisions of Section 760.29(4), F.S., relating to housing for older persons.

Summary

Amendments are proposed to correct a statutory reference, adopt a federal rule, and correct the address of the Commission and its powers to impose an administrative fine.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-9.001 Purpose.

The purpose of the housing for older persons exemption to the general prohibition against discrimination because of familial status is to protect families with children from discrimination in housing without unfairly limited housing choices for older persons. This Chapter, 60Y-9, F.A.C., clarifies requirements related to housing for older persons pursuant to Section 760.29(4) ~~760.31(5)~~, F.S.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-9.005
TITLE	Housing Exemption for Persons 55 Years of Age or Older

SPECIFIC AUTHORITY	760.06(12), 760.31(5) FS.
LAW IMPLEMENTED	760.29 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission’s implementation of the provisions of Section 760.29(4), F.S., relating to housing for older persons.

Summary

Amendments are proposed to correct a statutory reference, adopt a federal rule, and correct the address of the Commission and its powers to impose an administrative fine.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-9.005 Housing Exemption for Persons 55 Years of Age or Older.

(1) The provisions in Sections 760.20-760.37, F.S., relating to familial status shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that the housing complies with 42 C.F.R. Part 100 as published in the Federal Register on Friday, April 2, 1999. ~~satisfies the requirements of this section:~~

(a) The housing facility has significant facilities and services specifically designed to meet the physical or social needs of older persons. “Significant facilities and services specifically designed to meet the physical or social needs of older persons” include, but are not limited to, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, and accessible physical environment, emergency and preventive health care programs, congregate dining facilities, transportation to facilitate access to social services, and services designed to encourage and assist residents to use the services and facilities available to them. The housing facility need not have all of these features to qualify for the exemption under this subsection.

(b) It is not practicable to provide significant facilities and services designed to meet the physical or social needs of older persons and the housing facility is necessary to provide important housing opportunities for older persons. In order to satisfy this section, the owner or manager of the housing facility must demonstrate through credible and objective evidence that the provision of significant facilities and services designed to meet the physical or social needs of older persons would result in depriving older persons in the relevant geographic area of needed and desired housing.

~~(2) The following factors, among others, are relevant in meeting the requirements of this section:~~

(a) Whether the owner or manager of the housing facility has endeavored to provide significant facilities and services designed to meet the physical or social needs of older persons either by the owner or by some other entity. Demonstrating that such services and facilities are expensive to provide is not alone sufficient to demonstrate that the provision of such services is not practicable.

~~(b) The amount of rent charged, if the dwellings are rented, or the price of the dwellings, if they are offered for sale.~~

~~(c) The income range of the residents of the housing facility.~~

~~(d) The demand for housing for older persons in the relevant geographic area.~~

~~(e) The range of housing choices for older persons within the relevant geographic area.~~

(f) The availability of other similarly priced housing for older persons in the relevant geographic area. If similarly priced housing for older persons with significant facilities and services is reasonably available in the relevant geographic area, then the housing facility does not meet the requirements of this section.

~~(g) The vacancy rate of the housing facility.~~

(2)~~(3)~~ Housing intended and operated for occupancy by at least one person 55 years of age or older per unit means:

(a) Housing for which at least 80% of the units in the housing facility are occupied by at least one person 55 years of age or older per unit except that a newly constructed housing facility for first occupancy after October 1, 1989, need not comply with this subsection until 25% of the units in the facility are occupied; and

(b) The owner or manager of the housing facility publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. The following factors, among others, are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of this subsection:

1. The manner in which the housing facility is described to prospective residents.

2. The nature of any advertising designed to attract prospective residents.

3. Age verification procedures.

4. Lease provisions.

5. Written rules and regulations.

6. Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations.

(3)~~(4)~~ Housing satisfies the requirements of this section even though:

(a) Under 80% of the occupied units in the housing facility are occupied by at least one person 55 years of age or older per unit, provided that at least 80% of the units that are occupied by new occupants on or after October 1, 1989, are occupied by at least one person 55 years of age or older.

(b) There are unoccupied units, provided that at least 80% of such units are reserved for occupancy by at least one person 55 years of age or over.

(4)~~(5)~~ Housing satisfies the requirements of this section even though a unit is occupied by employees of the housing provider (and family members residing in the same unit) who are under 55 years of age, provided they perform substantial duties directly related to the management or maintenance of the housing.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-9.007
TITLE	Housing for Older Persons Registration and Documentation

SPECIFIC AUTHORITY	760.06(12), 760.31(5) FS.
LAW IMPLEMENTED	760.29 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The rule chapter provides for Commission’s implementation of the provisions of Section 760.29(4), F.S., relating to housing for older persons.

Summary

Amendments are proposed to correct a statutory reference, adopt a federal rule, and correct the address of the Commission and its powers to impose an administrative fine.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-9.007 Housing for Older Persons Registration and Documentation.

(1) Facilities or communities claiming an exemption under Section 760.29(4), F.S., shall register with the commission and submit the statutorily required documentation to the commission in the manner prescribed by the commission.

(2) The registration and documentation letter shall contain in bold letters on the face of the envelope the words “Registration for Housing for Older Persons,” and provide the date of mailing.

(3) The registration and documentation shall be submitted biennially on the first day of the month, or up to seven days thereafter, of the anniversary of the initial registration.

(4) The information in the commission’s registry is a public record. The information shall also be included in the commission’s main website at “http://fchr.~~info~~.state.fl.us.”

(5) Failure to comply with the requirements of Section 760.29(2)(e), F.S., shall not disqualify a facility or community that otherwise qualified for the exemption provided in Section 760.29, F.S.

(6) The registration fee must be included within the completed registration letter in order to constitute a valid registration. The biennial registration fee is $20.00. It shall be sent to: Florida Commission on Human Relations at its address provided in Rule 60Y-2.005, F.A.C., ~~Post Office Box 3388, Tallahassee, Florida 32315-3388~~.

(7) The Commission ~~A community or facility~~ may impose an administrative fine not to exceed $500 on a facility or community that knowingly submits false information in the documentation required by this paragraph. Such fine shall be deposited in the commission’s trust fund.”

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-11.001
TITLE	Purpose

SPECIFIC AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	112.3187-.31895 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

The proposed rule chapter provides for Commission’s implementation of the provisions of Sections 112.3187-112.31895, F.S., making it unlawful for any agency or independent contractor of an agency to take retaliatory action against an employee who reports violations of law to an appropriate agency under Sections 112.3187-112.31895, F.S.; the “Whistle-blower’s Act.”

Summary

The proposed rule chapter provides the Commission’s procedures for handling complaints alleging retaliatory action against an employee who reports violations of law to an appropriate agency under Sections 112.3187-112.31895, F.S.

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-11.001 Purpose.

These rules implement the statutory provisions which make it unlawful for any agency or independent contractor to take retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employer or independent contractor under Sections 112.3187-112.31895, inclusive, F.S.; also known as the “Whistle-blower’s Act.” The Florida Whistle-blower’s Act authorizes the Commission on Human Relations to investigate complaints of retaliation against state employees who disclosed information pursuant to the “Whistle-blower’s Act” and provides for relief by administrative proceeding or civil action in court.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-11.002
TITLE	Covered Entities and Employees

SPECIFIC AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	112.3187-.31895 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-11.002 Covered Entities and Employees.

State agencies, as defined in Section 216.011, F.S., or an independent contractor under contract to a state agency, and their employees.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-11.003
TITLE	Who May File a Complaint; Confidentiality

SPECIFIC AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	112.3187-.31895 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-11.003 Who May File a Complaint; Confidentiality.

(1) Any person aggrieved by a violation of Section 112.3187, F.S., may file a complaint with the Commission within 60 days of the alleged violation. The complaint.

(2) All complaints filed with the Commission and all records and documents in the custody of the Commission which relate to and identify a particular person, including but not limited to, a complainant, state agency or covered independent contractor shall be confidential and shall not be disclosed by the Commission, except to the parties or in the course of a hearing or proceeding under Section 112.3187, F.S. Disclosure is authorized to any other agency of the state or any other unit of government of the state that has jurisdiction of the subject matter of the complaint or that has legal authority to investigate the complaint.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-11.004
TITLE	Investigatory Process

SPECIFIC AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	112.3187-.31895 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-11.004 Investigatory Process.

(1) Within three (3) working days of a complaint being filed, the Commission shall acknowledge receipt of the complaint and send a copy of the complaint and any other preliminary information available concerning the disclosure of information under Section 112.3187, F.S., to the other parties named in Section 112.31895(1)(a), F.S. The other party shall also acknowledge receipt of such copies to the complainant within 15 days.

(2) Within 15 days of the date the complaint was received, the Commission shall review the information and determine whether temporary reinstatement is appropriate under Section 112.3187(9)(f), F.S. If it so determines, the Commission shall apply for an expedited order from the appropriate agency or circuit court for reinstatement pending issuance of the final order on the complaint.

(3) If the Commission determines that reasonable grounds exist to believe that a prohibited action has occurred, is occurring, or is to be taken, it may request the agency or circuit court to order a stay of any personnel action for 45 days which, upon request, may be extended for appropriate periods of time. The Commission shall further report its determination together with any findings or recommendations, including corrective action to be taken, to the agency head and may report such to the Governor and Comptroller. If, after 20 days, the agency does not implement the recommended corrective action, the Commission shall terminate the investigation. If the Commission finds, in consultation with the complainant, that the agency has implemented the corrective action, the Commission shall file such finding with the agency head, together with any written comments that the complainant provides, and terminate the investigation.

(4) Within 90 days of the date the complaint was received, the Commission shall provide the agency head and the Complainant with a fact-finding report that may include recommendations to the parties or proposed resolution of the complaint. The Commission shall then proceed to attempt to conciliate the complaint.

(5) If the Commission is unable to conciliate a complaint within 60 days of the issuance of the fact-finding report and its receipt by the parties, or if the Commission finds there are no reasonable grounds to believe that a prohibited personnel action has occurred, is occurring or is to be taken, the Commission shall terminate the investigation.

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENT	DEPARTMENT OF MANAGEMENT SERVICES
AGENCY	FLORIDA COMMISSION ON HUMAN RELATIONS

FILENAME

F000767_20030829.pdf

MEETING DATE	Wednesday, September 24, 2003
MEETING TIME	9:00:00

RULE NO	60Y-11.005
TITLE	Relationship of Other Rules

SPECIFIC AUTHORITY	760.06(12) FS.
LAW IMPLEMENTED	112.3187-.31895 FS.

CONTACT	William Tait
EMAIL	William.Tait@FCHR.MyFlorida.com
PHONE	(850) 488-7082

ORIGINATOR	William James Tait, Jr., General Counsel
APPROVER	Cecil Howard, Executive Director
PROPOSAL DATE	8/18/2003
PUBLISH DATE	8/1/2003

Purpose

Summary

Regulatory Costs

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-11.005 Relationship of Other Rules.

Other rules adopted by the Commission, namely Chapters 60Y-3, 60Y-4 and 60Y-5, F.A.C., shall be the rules governing a proceeding under this chapter to the extent that such other rules do not contradict a specific provision herein.

Congratulations! You're now booked up on every pertinent notification from the 8/29/2003 Issue of the Florida Administrative Register (29 FAR 35)!

It might abreast you of certain affairs which could help you recover from the damages that lawbreaking judges/lawyers/agencies have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).

Also, please beware that the FCHR (ie, the exclusive author of these pertinent notices) has corrupted itself. Thereby doing so in the following ways (among others):

FCHR Bribery

FCHR Corruption

FCHR Obstruction

FCHR Self-Discrimination

Nevertheless, please stay vigilant; and – as always – please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

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