| 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-7.004 |
| TITLE | Investigation of Complaints |
| SPECIFIC AUTHORITY | 120.53, 760.06(12), 760.31(5) FS. |
| LAW IMPLEMENTED | 120.53, 760.20-760.37 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 discriminatory housing practices.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-7.004 Investigation of Complaints.
(b) Investigatory proceedings shall commence before the end of the 30th day after receipt of the complaint.
(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) Subpoena. The Commission and the respondent may compel access to or the production of documents or the appearance of persons under the following conditions:
(b) The respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the Commission to the same extent and subject to the same limitations as subpoenas issued by the Commission on its own initiative.
(c) Each subpoena shall state the name and address of the issuer, identify the person subpoenaed, and identify the person to whom and the place, date and time at which it is returnable.
(d) Within 5 days after service of a subpoena upon any person, such person may petition the Executive Director to revoke or modify the subpoena. The Executive Director shall grant the petition if he finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, or that compliance would be unduly onerous or for other good reason.
(e) In case of refusal to obey a subpoena, the Executive Director or the person at whose request the subpoena was issued may petition for its enforcement in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served or transacts business.
(7) Negotiated Settlement. During the mediation and/or investigation processes, the Commission Office of
(8)
(b) If the Commission is unable to complete its investigation within 100 days, it shall notify the complainant and respondent in writing of the reasons for not doing so.
(10) If the investigatory determination is “Cause,” the Executive Director shall issue a “Notice of Determination (Cause)” and serve it upon the complainant and the respondent. The notice shall inform the complainant of the options and mandated times for action outlined in paragraph 60Y-7.001(8)(b). Concurrently, the Commission may also attempt to conciliate the case pursuant to Rule 60Y-7.005, F.A.C.
(11)
