Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.007 - Probable Cause Determination

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Notification of Completion of Investigation. When the investigator's report is
				completed, the Executive Director shall notify the respondent that the report
				is completed and shall send to the respondent a copy of the investigator's
				report and a copy of the Executive Director's order to investigate. The
				investigatory file then shall be open for inspection by the respondent and the
				respondent's counsel, and copies may be obtained at no more than
				cost.
(2) Time to Review Report.
				The probable cause hearing shall be not less than 14 days from the date of
				mailing of the investigator's report to the respondent, within which time the
				respondent and counsel for the respondent may review the report and file with
				the Commission a written response to the report.
(3) Advocate's Recommendation. The Advocate
				shall review the investigator's report and shall make a written recommendation
				to the Commission for the disposition of the matter. If the Advocate recommends
				that a public hearing be held, the recommendation shall include a statement of
				what charges shall be at issue at the hearing. A copy of the recommendation
				shall be furnished to the respondent or counsel for respondent no later than 7
				days prior to the hearing, within which time the respondent may file with the
				Commission a written response to the recommendation.
(4) Notice of Hearing and Right to Attend.
				The respondent shall be given at least 14 days notice of the probable cause
				hearing and may attend, provided that this period may be shortened by the
				Commission, so long as reasonable notice under the circumstances is
				given.
(5) Scope of Hearing. The
				probable cause hearing is the conclusion of the preliminary investigation. The
				respondent and the Advocate shall be permitted to make brief oral statements in
				the nature of oral argument to the Commission, based on the investigator's
				report, before the probable cause determination. The determination shall be
				based upon the investigator's report, the Advocate's recommendation, the
				complaint, and staff recommendations, as well as oral or written statements by
				the respondent. The respondent may not testify or present or call witnesses at
				this hearing.
(6) Determination of
				Probable Cause. The Commission shall meet to determine the manner in which the
				proceeding will be disposed of. The Commission may continue the hearing to
				allow further investigation; may order the dismissal of the proceeding if it
				finds no probable cause to believe that a violation has occurred, concluding
				the matter before it; may order a final, public hearing of the matter if it
				finds probable cause to believe that a violation has occurred; or may take such
				other action as it deems necessary to resolve the matter, consistent with due
				process of law. In making its determination the Commission may consider:
(a) The sufficiency of the evidence against
				the respondent, as contained in the investigator's report;
(b) The admissions and other stipulations of
				the respondent, if any;
(c) The
				nature and circumstances of the respondent's actions;
(d) The expense of further proceedings;
				and
(e) Such other factors as it
				deems material to its decision. If the Commission orders a public hearing, the
				Commission shall determine what charges shall be at issue for the
				hearing.