Fla. Admin. Code Ann. R. 60Y-8.001 - Petition for Relief from a Discriminatory Housing Practice
(1) Petition. A complainant may file a
Petition for Relief from a Discriminatory Housing Practice within 30 days of
service of a Notice of Determination (No Cause) or Notice of Determination
(Cause). The Executive Director on behalf of the Commission may institute an
action by filing a Petition for Relief from a Discriminatory Housing Practice
upon determining there is reasonable cause to believe that a discriminatory
practice has occurred and has been unable to obtain voluntary compliance with
Sections 760.20-.37, F.S. The Clerk shall prepare copies of the petition and
serve them upon all other parties named in the petition by certified
mail.
(2) For good cause shown, the
Chairperson may grant an extension of time to the complainant to file the
Petition for Relief, provided the motion for extension of time is filed within
the 30-day period.
(3) Procedures.
Petitions for Relief, and proceedings thereupon, are governed by the provisions
of Chapters 28-106 and 60Y-4, F.A.C., except as otherwise provided by this
section.
(4) Final Orders; Relief;
Remand. Upon consideration of a recommended order, the Commission or Panel may
order that the petition and complaint be dismissed or may determine that a
discriminatory housing practice has occurred. In the event the Commission or
Panel determines that a discriminatory housing practice has occurred, it shall
issue an order prohibiting the practice and providing relief from the effects
of the practice, including quantifiable damages and reasonable attorney's fees
and costs. The order of the Commission or Panel shall be final as to all
matters except those which are remanded to the Administrative Law
Judge.
(5) Voluntary Dismissal. A
Petition for Relief filed by a complainant may be dismissed by the complainant
without order of the Administrative Law Judge, Panel of Commissioners or
Commission (i) by serving, or during hearing by stating on the record, a notice
of dismissal at any time before the issuance of a recommended order or (ii) by
filing a stipulation of dismissal signed by all parties who have appeared in
the action. The dismissal operates with prejudice with respect to Petitioner's
Chapter 760, F.S., administrative remedies and constitutes final agency
action.
Notes
Rulemaking Authority 760.31(5) FS. Law Implemented 760.34, 760.35 FS.
New 1-25-90, Formerly 22T-22.001, Amended 11-18-92, 2-5-04.
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