| 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 |
| 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-5.004 Executive Director’s Investigatory Determination; Notice.
(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
(6)
