Fla. Admin. Code Ann. R. 34-15.007 - Probable Cause Determination

(1) Notification of Completion of Investigation. When the investigator's report is completed, the Executive Director shall notify the respondent that the report is completed and shall send to the respondent a copy of the investigator's report and a copy of the Executive Director's order to investigate. The investigatory file then shall be open for inspection by the respondent and the respondent's counsel, and copies may be obtained at no more than cost.

(2) Time to Review Report. The probable cause hearing shall be not less than 14 days from the date of mailing of the investigator's report to the respondent, within which time the respondent and counsel for the respondent may review the report and file with the Commission a written response to the report.

(3) Advocate's Recommendation. The Advocate shall review the investigator's report and shall make a written recommendation to the Commission for the disposition of the matter. If the Advocate recommends that a public hearing be held, the recommendation shall include a statement of what charges shall be at issue at the hearing. A copy of the recommendation shall be furnished to the respondent or counsel for respondent no later than 7 days prior to the hearing, within which time the respondent may file with the Commission a written response to the recommendation.

(4) Notice of Hearing and Right to Attend. The respondent shall be given at least 14 days notice of the probable cause hearing and may attend, provided that this period may be shortened by the Commission, so long as reasonable notice under the circumstances is given.

(5) 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 determination shall be based upon the investigator's report, the Advocate's recommendation, the complaint, and staff recommendations, as well as oral or written statements by the respondent. The respondent may not testify or present or call witnesses at this hearing.

(6) Determination of Probable Cause. The Commission shall meet to determine the manner in which the proceeding will be disposed of. The Commission may continue the hearing to allow further investigation; may order the dismissal of the proceeding if it finds no probable cause to believe that a violation has occurred, concluding the matter before it; may order a final, public hearing of the matter if it finds probable cause to believe that a violation has occurred; or may take such other action as it deems necessary to resolve the matter, consistent with due process of law. In making its determination the Commission may consider:

(a) The sufficiency of the evidence against the respondent, as contained in the investigator's report;

(b) The admissions and other stipulations of the respondent, if any;

(c) The nature and circumstances of the respondent's actions;

(d) The expense of further proceedings; and

(e) Such other factors as it deems material to its decision. If the Commission orders a public hearing, the Commission shall determine what charges shall be at issue for the hearing.

Notes

Fla. Admin. Code Ann. R. 34-15.007

Rulemaking Authority 11.062(2) FS. Law Implemented 11.062(2) FS.

New 2-16-95.

New 2-16-95.