Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Y - Commission on Human Relations › Chapter 60Y-5 - PROCEEDINGS UPON COMPLAINTS OF UNLAWFUL EMPLOYMENT PRACTICE › Section 60Y-5.004 - Executive Director's Investigatory Determination; Notice

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon completion of an investigation, if a
				complaint has not been settled or withdrawn, the Office of Employment
				Investigations shall report the investigation, with recommendation, to the
				Office of General Counsel. The Office of General Counsel shall review the
				report and shall make a recommendation to the Executive Director as to whether
				there is reasonable cause to believe that an unlawful employment practice has
				occurred.
(2) If the recommendation
				is based upon lack of jurisdiction over the respondent or subject matter of the
				complaint or upon untimely filing of the complaint, the Executive Director may
				dismiss the complaint pursuant to subsection
				 60Y-5.006(3) or
				(11), F.A.C., provided that the investigation
				does not reveal any disputed issues of material fact. The Executive Director
				shall issue a determination on the foregoing bases of lack of jurisdiction or
				untimeliness where disputed issues of material fact appear to exist.
(3) After a determination has been made by
				the Executive Director, the Clerk shall serve a Notice of Determination, with
				copies of the determination, upon the complainant and the respondent.
(4) A Notice of Determination of Reasonable
				Cause shall include an invitation to participate in conciliation and shall
				advise the complainant of the elective right to file either a Petition for
				Relief, pursuant to rule
				 60Y-5.008, F.A.C., within 35
				days of the date of determination or a civil action within one year of the date
				of determination. A Petition for Relief form, in blank, shall be provided to
				the complainant at the time of service of the notice.
(5) A Notice of Determination of No
				Reasonable Cause, No Jurisdiction or Untimeliness shall advise the complainant
				of the right to file a Petition for Relief, pursuant to rule
				 60Y-5.008, F.A.C., within 35
				days of the date of determination. A Petition for Relief form, in blank, shall
				be provided to the complainant at the time of service of the notice.
(6) If a Petition for Relief is not filed
				with the Commission within 35 days of the date of determination, the Commission
				will take no further action and will close the matter.
(7) After service of a Notice of
				Determination, the parties named in the determination may inspect the records
				and documents, in the custody of the Commission, which pertain to the
				determination. The Executive Director may direct that a particular record,
				document or portion thereof be withheld from inspection by a party only when
				necessary for the protection of a witness or third party, or for the
				preservation of a trade secret.
Rulemaking Authority
					 760.06(12) FS.
					 Law Implemented 760.03(7),
					 760.06,
					 760.10,
					 760.11
					 FS.
New 11-2-78, Amended 6-16-83, 8-12-85, Formerly 22T-9.04,
					 22T-9.004, Amended 2-5-04, 5-17-21.