Fla. Admin. Code Ann. R. 34-5.020 - Stipulations, Settlements, and Consent Orders
Informal disposition of the complaint 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 complainant a copy of the proposed stipulation, settlement, or
consent order, notify the complainant of the meeting at which the Commission
will consider the proposed stipulation or order, and advise the complainant
that any written response to the proposed stipulation or order submitted by the
complainant will be provided to the Commission for its consideration. If the
complainant 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(f), (h), Fla. Const. 112.322, 112.324 FS.
New 7-13-80, Formerly 34-5.20, Amended 2-16-95, 7-28-98.
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