Fla. Admin. Code Ann. R. 34-12.715 - Staff Procedures Upon Receipt of a Complaint
(1)
Safeguarding Confidential Materials. Upon receipt of a sworn complaint, staff
shall stamp on the face thereof the date on which the complaint was received in
the Commission office. Each complaint received shall be assigned a control
number which shall be entered on the complaint itself and on a colored folder
in which the complaint shall be filed so long as it remains confidential. Any
document related to the complaint shall be entered into the complaint
file.
(2) Technical and Clerical
Review. Upon receipt of a complaint, staff of the Commission shall review the
complaint to insure that the proper complaint form has been used, that all the
information required has been provided, that only one Respondent has been named
in each complaint form submitted, and that the complaint has been properly
signed by the Complainant under oath. One or more persons may sign a complaint
under oath; however, when the complaint is to be filed under oath in a
representative capacity, the complaint shall include sufficient information to
indicate the Complainant's authority to file the complaint in behalf of the
corporation, association, group, organization, or other entity. If the
complaint lacks any of the foregoing or is otherwise incomplete, the complaint
shall be returned to the Complainant with instructions on remedying the defect.
Commission staff shall provide assistance or information to persons seeking to
file a complaint, but shall not encourage, solicit, or discourage the filing of
a complaint.
(3) Transmittal of
Complaint to Respondent. A copy of the sworn complaint shall be transmitted to
the Respondent by certified mail, return receipt requested, prior to any
Commission or staff action on the complaint. Subsequent sworn amendments to the
complaint also shall be transmitted to the Respondent in the same manner. If
the certified mailing is returned undelivered, personal service of the copy of
the complaint may be used in the manner provided by law for service of
subpoenas, while maintaining the confidentiality of the complaint to the extent
possible under the circumstances.
Notes
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented 112.3215 FS.
New 10-12-89.
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