Fla. Admin. Code Ann. R. 60Y-5.002 - Agreements of Referral of Complaints
(1) The Executive Director is authorized to
negotiate agreements of referral with other public agencies having authority
and resources to investigate allegations of unlawful employment
practices.
(2) The Executive
Director shall consider the following factors in negotiating agreements of
referral:
(a) The agency's legal authority to
investigate;
(b) The agency's staff
resources;
(c) The agency's
performance record;
(d) The
agency's ability to conduct an independent investigation, considering the
potential respondents;
(e) The
agency's willingness to adhere to Commission standards of
investigation.
(3) An
agreement of referral shall specify:
(a) The
categories of complaints to be referred;
(b) The number of complaints to be referred,
which may be all complaints within the referral agency's
jurisdiction;
(c) The standards and
procedures governing referrals;
(d)
The period of time covered by the agreement, which shall not be greater than
one year.
(4) Upon
fulfillment of the criteria set forth in subsections 60Y-5.002(2) and (3),
F.A.C., the Commission shall approve the negotiated agreement of referral. When
an agreement has been approved by the Commission, all complaints filed with the
Commission which are subject to the agreement shall be referred to the referral
agency. The referral agency shall report its action on the complaint to the
Executive Director. Substantial weight shall be accorded to any final findings
and orders of the referral agency.
(5) If the referral of the complaint does not
result in settlement or withdrawal of the complaint, the Executive Director
shall assign the complaint, with the report of the referral agency for
investigation, determination of reasonable cause or conciliation, as may be
appropriate.
Notes
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