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47 FAR 49 | 3/12/2021 | NOTICE OF NEGOTIATED RULEMAKING

DEPARTMENTDEPARTMENT OF MANAGEMENT SERVICES
AGENCYFLORIDA COMMISSION ON HUMAN RELATIONS
FILENAMEF003329_20210312.pdf
MEETING DATE
MEETING TIME
RULE NO60Y-5.006
TITLEAdministrative Dismissal of a Complaint
RULEMAKING AUTHORITY760.06(12), FS.
LAW IMPLEMENTED760.03(7), 760.06, 760.10, 760.11, FS.
CONTACTCasey Snipes
EMAILCasey.Snipes@FCHR.MyFlorida.com
PHONE(850) 907-6785
ORIGINATOR
APPROVER
PROPOSAL DATE
PUBLISH DATE

Purpose

The proposed rule amendments seek to clarify and delete obsolete, unnecessary, or redundant rules.

Subject Area to be Addressed

The proposed rules clarify proceedings upon complaints of unlawful employment practice.

Notification

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT

60Y-5.006 Administrative Dismissal of a Complaint.

The Executive Director, on behalf of the Commission, shall 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, the complainant has failed to file a Petition for Relief pursuant to Rule 60Y-5.008, F.A.C.;

(4)(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 and the complainant has failed to file a Petition for Relief pursuant to Rule 60Y-5.008(1)(b), F.A.C. after the Complainant files notice of a planned, or files a, civil action in a court of competent jurisdiction;

(5)(6) 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;

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

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

(8)(9) The complainant has voluntarily withdrawn the complaint; or

(9)(10) There is no jurisdiction over the respondent or subject matter of the complaint.
Congratulations! You're now booked up on this Notice of Negotiated Rulemaking from the 3/12/2021 Issue of the Florida Administrative Register (47 FAR 49)!

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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