Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-42 - FLORIDA STATE BOXING COMMISSION INVESTIGATIVE AND LEGAL SERVICES › Section 61-42.002 - Investigations and Legal Services

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The department shall investigate, on
				behalf of the commission, any complaint that is filed with the department in
				writing, signed by the complainant, legally sufficient, and under the
				jurisdiction of the State of Florida. A complaint is legally sufficient if it
				contains facts that show a violation of Chapter 548, F.S. or the rules of the
				commission relating to the professions regulated by the commission. In order to
				determine legal sufficiency, the department may require supporting information
				or documentation. The department may investigate and take appropriate final
				action on a complaint even though the original complaint is withdrawn or the
				complainant indicates a desire not to cause the complaint to be investigated or
				prosecuted to completion.
(b) The
				department may investigate an anonymous complaint if the complaint is legally
				sufficient, if the alleged violation of law or rules is substantial, and if the
				department has reason to believe, after preliminary inquiry, that the
				violations alleged in the complaint are true.
(c) The department may investigate a
				complaint made by a confidential informant if the complaint is legally
				sufficient, if the alleged violation of law or rule is substantial, and if the
				department has reason to believe, after preliminary inquiry, that the
				allegations of the complainant are true.
(d) The department may initiate an
				investigation if it has reasonable cause to believe that a licensee or a group
				of licensees has violated a Florida statute or a rule of a
				commission.
(e) When an
				investigation of any subject is undertaken, the department shall promptly
				furnish to the subject or the subject's attorney a copy of the complaint or
				document that resulted in the initiation of the investigation. The subject may
				submit a written response to the information contained in such complaint or
				document within 20 days after service to the subject of the complaint or
				document. The subject's written response shall be considered by the department.
				The right to respond does not prohibit the issuance of a summary emergency
				order if necessary to protect the public health, safety, and welfare. However,
				if the secretary, or the secretary's designee, and the chair of the commission
				agree in writing that such notification would be detrimental to the
				investigation, the department may withhold notification. The department may
				conduct an investigation without notification to any subject if the act under
				investigation is a criminal offense.
(f) When an investigation of an amateur
				sanctioning organization is undertaken, if possible, investigators shall
				conduct a compliance check on any matches held by the amateur sanctioning
				organization to ensure compliance with Chapter 548, F.S., and the rules adopted
				by the commission.
(g) For the
				purposes of investigation, any individuals designated by the executive director
				and department to conduct investigations shall be admitted to each event or
				match and provided reasonable access to all areas, including but not limited to
				dressing rooms or locker rooms by the amateur sanctioning
				organization.