Fla. Admin. Code Ann. R. 34-12.720 - Review for Sufficiency of Allegations and Order of Preliminary Investigation

(1) After the complaint has been reviewed and found to be in proper form, the complaint shall be reviewed by the Executive Director in order to determine whether the Commission has jurisdiction over the complaint. Complaints need not be as precise as would be required by the rules of civil procedure in a court of law and shall be deemed sufficient if the Complainant, under oath upon knowledge of belief, alleges matters which, if true, may constitute a violation of Section 112.3215, F.S. A complaint shall not be insufficient because it is based upon hearsay evidence. In order to make this determination, the Executive Director may request additional information from the Complainant and may obtain information from public records.

(2) If the Executive Director finds that the complaint is sufficient to invoke the jurisdiction of the Commission, the Executive Director shall order an investigation of the complaint and the parties shall be notified accordingly.

(3) If the Executive Director finds that the complaint is not sufficient to invoke the jurisdiction of the Commission, the parties shall be notified and the complaint shall be brought before the Commission in executive session with the recommendations of the Executive Director. The Commission may find the complaint to be sufficient and order an investigation; may find the complaint to be insufficient and dismiss it without investigation; or may take such other action as may be appropriate. The parties shall be notified of the Commission's action.

Notes

Fla. Admin. Code Ann. R. 34-12.720

Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented 112.3215 FS.

New 10-12-89.

New 10-12-89.