Fla. Admin. Code Ann. R. 34-17.017 - Stipulations, Settlements and Consent Orders
Informal disposition of the referral may be made of any proceeding by stipulation, agreed settlement, or consent order between the Advocate and the Respondent, upon approval of the Commission in a public meeting, so long as a public report is made.
(1) The Advocate is not required to present
or propose to the Commission a stipulation, settlement, or consent order offer
from the Respondent unless the Advocate agrees to the terms of the
offer.
(2) Commission staff shall
send to the referring agency a copy of the proposed stipulation, settlement, or
consent order, notify the referring agency of the meeting at which the
Commission will consider the proposed stipulation or order, and advise the
referring agency that any written response to the proposed stipulation or order
submitted by the referring agency will be provided to the Commission for its
consideration. If the referring agency files a written response, a copy of it
will be provided to the Respondent and the Advocate by Commission
staff.
(3) At least two-thirds of
the members of the Commission present at a meeting must vote to reject or
deviate from a stipulation or settlement that is recommended by the
Advocate.
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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