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

DEPARTMENTDEPARTMENT OF MANAGEMENT SERVICES
AGENCYFLORIDA COMMISSION ON HUMAN RELATIONS
FILENAMEF000767_20030829.pdf
MEETING DATEWednesday, September 24, 2003
MEETING TIME9:00:00
RULE NO60Y-8.001
TITLEPetition for Relief from a Discriminatory Housing Practice
SPECIFIC AUTHORITY120.53, 760.06(12), 760.31(5) FS.
LAW IMPLEMENTED120.53, 760.20-760.37 FS.
CONTACTWilliam Tait
EMAILWilliam.Tait@FCHR.MyFlorida.com
PHONE(850) 488-7082
ORIGINATORWilliam James Tait, Jr., General Counsel
APPROVERCecil Howard, Executive Director
PROPOSAL DATE8/18/2003
PUBLISH DATE8/1/2003

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

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-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.
(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.
(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.
Congratulations! You're now booked up on this Notice of Proposed Rules 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):
Nevertheless, please stay vigilant; and – as always – please get the justice you deserve.

Sincerely,



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