Fla. Admin. Code Ann. R. 34-9.005 - Written Analysis of Sufficiency of Petition
(1) The
Executive Director shall review the Petition and make a written analysis (1) of
whether the allegations made against Petitioner, if true, would constitute a
violation of any provision of the Code of Ethics or any other breach of the
public trust and, if so, which provisions, and (2) as to the gravity of the
allegations and their effect upon the general welfare of the state as well as
upon the ability of the Petitioner to effectively discharge the duties of
office. The allegations made against Petitioner need not be as precise as would
be required by the rules of civil procedure in a court of law. A petition shall
not be deemed legally insufficient because it is based upon evidence which
would be hearsay evidence in a court of law. Based upon this analysis, the
Executive Director shall recommend that the petition for hearing either be
granted or denied or that additional information be provided by
Petitioner.
(2) A copy of the
written analysis shall be sent to Petitioner at least seven (7) days prior to
bringing it before the Commission in public meeting for Commission disposition,
provided such period may be shortened with the written consent of
Petitioner.
Notes
Rulemaking Authority 112.322(9) FS. Law Implemented 112.322(2) FS.
New 2-3-77, Formerly 34-9.04, Amended 9-21-77, Formerly 34-9.05, Amended 2-16-95, 7-28-98.
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