Fla. Admin. Code Ann. R. 34-12.750 - Probable Cause Hearing
(1) Notice of
Hearing. The Respondent and the Complainant shall be given at least 14 days
notice of the probable cause hearing.
(2) Scope of Hearing. The probable cause
hearing is the conclusion of the preliminary investigation. The Respondent and
the Advocate shall be permitted to make brief oral statements in the nature of
oral argument to the Commission, based on the investigator's report, before the
probable cause determination. The Commission's determination shall be based
upon the investigator's report, the Advocate's recommendation, the complaint,
and staff recommendations, as well as any written statements submitted by the
respondent and any oral statements made at the hearing. No testimony or other
evidence will be accepted at the hearing.
(3) Disposition of Complaint. At the probable
cause hearing the Commission may find that there is probable cause to believe
that the Respondent committed one or more violations of Section
112.3215, F.S.; may find that
there is no probable cause to believe that the Respondent violated Section
112.3215, F.S., and dismiss the
complaint; or may continue the hearing to allow further investigation. The
Commission may also dismiss a complaint at any stage of disposition if it
determines that the public interest is not served by proceeding futher, in
which case the Commission must issue a public report stating with particularity
its reasons for the dismissal.
Notes
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented 112.3215 FS.
New 10-12-89, Amended 7-2-00, 1-4-24.
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