Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-42 - FLORIDA STATE BOXING COMMISSION INVESTIGATIVE AND LEGAL SERVICES › Section 61-42.004 - Procedure for Mediation

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				department may designate as mediation offenses those complaints where harm
				caused by the licensee is economic in nature or can be remedied by the
				licensee.
(2) After the department
				determines a complaint is legally sufficient and the alleged violations are
				defined as mediation offenses, the mediator may conduct informal mediation to
				resolve the complaint. If the complainant and the subject of the complaint
				agree to a resolution of a complaint within 14 days after contact by the
				mediator, the mediator shall notify the department of the terms of the
				resolution. The department shall take no further action unless the complainant
				and the subject each fail to record with the department an acknowledgment of
				satisfaction of the terms of mediation within 60 days of the mediator's
				notification to the department. In the event the complainant and subject fail
				to reach settlement terms or to record the required acknowledgment, the
				department shall process the complaint according to the provisions of Rule
				61-42.002, F.A.C.
(3) No licensee shall be permitted to engage
				in the mediation process more than three times without approval from the
				department. The department may consider the subject and dates of the earlier
				complaints in rendering its decision. Such decision shall not be considered
				final agency action for purposes of Chapter 120, F.S.
(4) A department complaint analyst or
				investigator shall determine the suitability of a complaint for mediation,
				employing the criteria set forth in Section
				455.2235, F.S., Chapter 548,
				F.S., and the rules adopted by the commission.
(5) Mediation shall be conducted in person or
				via electronic media or telecommunications, or any combination of the two, as
				warranted by relevant circumstances of the mediation.
(6) The mediator shall meet with the
				complainant and licensee together or separately, as warranted by the
				circumstances of the mediation.
(7)
				The mediator shall provide a written report to the department of the mediation
				results within 10 days of the conclusion of the mediation. If the complaint is
				resolved in mediation, the department shall close the complaint.
(8) If mediation is rejected by either the
				complainant or licensee, or should the parties fail to reach agreement, the
				department shall proceed on the complaint in the manner required by Chapter
				120, F.S. and Rule 61-42.002, F.A.C.
(9) To determine whether the department will
				approve a licensee's participation in the mediation process more than three
				times, the department shall consider factors including the subject, date,
				disposition, and number of complaints against the licensee, and the licensee's
				history of compliance with commission or department
				orders.
Rulemaking Authority
					 548.003(8) FS.
					 Law Implemented 548.003(8)
					 FS.
New 12-20-12.