Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.010 - 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. The investigatory file and main referral file shall be open for
				inspection by the respondent and the respondent's counsel at that time, and
				copies may be obtained at no more than cost.
(2) Time to Review Report. The respondent
				shall be given not less than 14 days from the date of mailing of the
				investigator's report, within which time to file with the Commission a written
				response to the investigator's report. This time period may be shortened with
				the consent of the respondent, or without the consent of the respondent when
				the passage of time could reasonably be expected to render moot the ultimate
				disposition of the matter by the Commission so long as reasonable notice under
				the circumstances is given.
(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 referral, including a statement of what charges shall be at issue at the
				probable cause hearing. A copy of the recommendation shall be furnished to the
				respondent. The respondent shall be given not less than 7 days from the date of
				mailing of the Advocate's recommendation, within which time to file with the
				Commission a written response to the recommendation. This time period may be
				shortened with the consent of the respondent, or without the consent of the
				respondent when the passage of time could reasonably be expected to render moot
				the ultimate disposition of the matter by the Commission, so long as the
				recommendation is furnished to the respondent within a reasonable period of
				time under the circumstances.
(4)
				Notice of Probable Cause Hearing and Right to Attend. The respondent, a
				representative from the referring agency, their counsel, and the Advocate shall
				be permitted to attend the hearing at which the probable cause determination is
				made. Notice of the probable cause hearing shall be sent to the respondent, the
				referring agency, and Advocate at least 14 days before the hearing. This time
				period may be shortened with the consent of the respondent, or without the
				consent of the respondent when the passage of time could reasonably be expected
				to render moot the ultimate disposition of the matter by the Commission, so
				long as the notice is furnished within a reasonable period of time under the
				circumstances.
(5) Scope of
				Probable Cause Determination. The probable cause determination 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 Commission's determination shall be based upon the
				investigator's report, the Advocate's recommendation, the referral, and staff
				recommendations, as well as any written statements submitted by the respondent
				and any oral statements made at the hearing. No testimony or other evidence
				will be accepted at the hearing.
(6) Probable Cause Determination. At its
				meeting to determine probable cause, the Commission may continue its
				determination to allow further investigation; may order the issuance of a
				public report of its investigation if it finds no probable cause to believe
				that a violation of the Code of Ethics or other breach of public trust has
				occurred, concluding the matter before it; may order a formal hearing of the
				referral if it finds probable cause to believe that a violation of the Code of
				Ethics or other breach of public trust has occurred; or may take such other
				action as it deems necessary to resolve the referral, 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 of
				the referral, the Commission shall determine what charges shall be at issue for
				the hearing.