| 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 |
| 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-5.003 Investigation of Complaints.
(2) Statement of Complainant. During the course of an investigation, the complainant may be required to provide a statement which includes:
(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.
(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.
(5) Failure to Cooperate – Complainant.
(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.
(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
(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
