| 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 |
| 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
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-5.001 Complaints.
(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.
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)
(c)
(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.
(10) Maintenance of
