Fla. Admin. Code Ann. R. 34-17.005 - Review for Sufficiency of Allegations of Breach of Public Trust and Order of Preliminary Investigation
(1) The
referral shall be reviewed by the Executive Director in order to determine
whether or not it is sufficient to allege a breach of public trust or a
violation of Chapter 112, Part III, F.S. A referral shall not be insufficient
because it is based upon evidence which would be hearsay evidence in a court of
law. In order to make this determination, the Executive Director may request
additional information from the referring agency and may obtain information
from public records.
(2) If the
Executive Director finds that the referral is sufficient to invoke the
jurisdiction of the Commission, an order to investigate the referral shall be
entered.
(3) If the Executive
Director finds that the referral is not legally sufficient to invoke the
jurisdiction of the Commission, the referral shall be brought before the
Commission in executive session with the recommendation of the Executive
Director. If a majority of the Commission accepts the Executive Director's
recommendation that the referral is not legally sufficient, the referral shall
be dismissed and the referring agency and the respondent will be notified of
the dismissal. A summary of the reasons for dismissing the referral together
with the referral itself and all documents related thereto shall become a
public record and constitute a public report.
Notes
Rulemaking Authority 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.322, 112.324 FS.
New 11-24-13.
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