| DEPARTMENT | DEPARTMENT OF MANAGEMENT SERVICES |
| AGENCY | FLORIDA COMMISSION ON HUMAN RELATIONS |
| FILENAME | F003331_20210316.pdf |
| MEETING DATE | |
| MEETING TIME |
| RULE NO | 60Y-5.008 |
| TITLE | Petition for Relief from an Unlawful Employment Practice |
| RULEMAKING AUTHORITY | 760.06(12) FS. |
| LAW IMPLEMENTED | 760.03(7), 760.06, 760.10, 760.11, FS. |
| CONTACT | Casey Snipes |
| Casey.Snipes@FCHR.MyFlorida.com | |
| PHONE | (850) 907-6785 |
| ORIGINATOR | Cheyanne Costilla, General Counsel |
| APPROVER | Florida Commission on Human Relations’ board |
| PROPOSAL DATE | 1/31/2020 |
| PUBLISH DATE | 3/12/2021 |
Purpose
The proposed rule amendments seek to clarify and delete obsolete, unnecessary, or redundant rules.Summary
The proposed rule amendments are in response to recent amendments to section 760.11, FS.Regulatory Costs
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:
Notification
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.FULL TEXT OF THE PROPOSED RULE
60Y-5.008 Petition for Relief from an Unlawful Employment Practice.
(b) In the event that the Commission does not issue a determination within 180 days after the complaint was filed, a complainant may file a Petition for Relief from an Unlawful Employment Practice wtihin 35 days of the date the Commission certifies mailing the notice required under section 760.11(8)(b), Florida Statutes.
(c) A complainant who is not represented by an attorney may file a Petition for Relief without copies or proof of service, and the Clerk shall prepare copies and serve them upon all other parties.
(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) Class Allegations.
(b) If the petition contains class allegations, the administrative law judge, on motion of a party, may include in the recommended order a proposed certification of the class if:
2. There are questions of law or fact common to the class,
3. The claims of the petitioner are typical of the claims of the class, and
4. The petitioner will fairly and adequately protect the interests of the class.
(6) Proceedings After Remand. An order of remand, pursuant to subsection (5), or a subsequent order of the administrative law judge, may direct that notice of pendency of the proceeding be served upon members of the class. Such an order shall specify the manner of service of the notice and the person responsible for service. Any member of the class who does not, within 15 days of service of the notice of pendency or within such other time as the order may provide, file with the Commission an election of non- participation in the class shall be bound by an order of the Commission or Panel made subsequent to the giving of such notice.
(7) Voluntary Dismissal. A Petition for Relief may be dismissed by the Petitioner without order of the administrative law judge, 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 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., administrative remedies and constitutes final agency action.
