Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.006 - 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 and main complaint 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 complaint, 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, the complainant(s),
				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, complainant(s), 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 complaint, 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 final, public
				hearing of the complaint 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 complaint, 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 complaint, the Commission shall determine what charges shall be at issue
				for the hearing.