Fla. Admin. Code Ann. R. 34-5.0043 - Investigation of Facts and Parties Materially Related to Complaint

The Commission has the duty to investigate all facts and parties materially related to the complaint at issue.

(1) Facts materially related to the complaint include facts which tend to show:

(a) A separate violation of Art. II, Sec. 8, Fla. Const. or the Code of Ethics by the respondent other than as alleged in the complaint and consisting of separate instances of the same or similar conduct by respondent as alleged in the complaint; or

(b) A separate violation of Art. II, Sec. 8, Fla. Const. or the Code of Ethics by the respondent from that alleged in the complaint which arises out of or in connection with the allegations of the complaint.

(2) Where facts materially related to the complaint are discovered by the investigator during the course of the investigation, the Executive Director shall order an investigation of them and the investigator shall include them in the investigative report. The Advocate may recommend and the Commission may order a public hearing as to those violations of the Code of Ethics which are indicated by such facts. From that point in the proceedings until final disposition of the complaint, such facts shall be treated as if they were initially alleged in the complaint at issue.

(3) A party materially related to the complaint means:

(a) Any other public officer or employee within the same agency as the respondent who has engaged in the same conduct as that alleged against the respondent in the complaint at issue; or

(b) Any other public officer or employee who has participated with the respondent in the alleged violation as a coconspirator or an aider and abettor.

(4) Whenever the investigation of the complaint at issue indicates the existence of a party materially related to the complaint, the Executive Director shall order an investigation of that party. The investigator shall maintain a separate investigatory file and prepare a separate investigative report, neither of which shall be made available to the complainant or to the original respondent. Separate proceedings from the original complaint at issue shall be commenced against such a party, who shall be deemed a "respondent, " by sending to that person a copy of the Executive Director's order to investigate. From the date the investigation is ordered until final disposition of the matter, the charges against such a party (respondent) shall be treated as if they had been included in a complaint filed against such party. A separate public hearing shall be held on the matter unless consolidation with the original complaint is ordered as provided in Rule 34-5.016, F.A.C.

Notes

Fla. Admin. Code Ann. R. 34-5.0043

Rulemaking Authority 112.322 (9) FS. Law Implemented Art. II, Section 8(f), (h), Fla. Const., 112.322, 112.324 FS.

New 2-16-95, Amended 7-30-00.

New 2-16-95, Amended 7-30-00.