Florida Regulations 34-12.720: Review for Sufficiency of Allegations and Order of Preliminary Investigation
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(1) After the complaint has been reviewed and found to be in proper form, the complaint shall be reviewed by the Executive Director in order to determine whether the Commission has jurisdiction over the complaint. Complaints need not be as precise as would be required by the rules of civil procedure in a court of law and shall be deemed sufficient if the Complainant, under oath upon knowledge of belief, alleges matters which, if true, may constitute a violation of Florida Statutes § 112.3215 A complaint shall not be insufficient because it is based upon hearsay evidence. In order to make this determination, the Executive Director may request additional information from the Complainant and may obtain information from public records.
(2) If the Executive Director finds that the complaint is sufficient to invoke the jurisdiction of the Commission, the Executive Director shall order an investigation of the complaint and the parties shall be notified accordingly.
(3) If the Executive Director finds that the complaint is not sufficient to invoke the jurisdiction of the Commission, the parties shall be notified and the complaint shall be brought before the Commission in executive session with the recommendations of the Executive Director. The Commission may find the complaint to be sufficient and order an investigation; may find the complaint to be insufficient and dismiss it without investigation; or may take such other action as may be appropriate. The parties shall be notified of the Commission’s action.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89.
Terms Used In Florida Regulations 34-12.720
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oath: A promise to tell the truth.
(3) If the Executive Director finds that the complaint is not sufficient to invoke the jurisdiction of the Commission, the parties shall be notified and the complaint shall be brought before the Commission in executive session with the recommendations of the Executive Director. The Commission may find the complaint to be sufficient and order an investigation; may find the complaint to be insufficient and dismiss it without investigation; or may take such other action as may be appropriate. The parties shall be notified of the Commission’s action.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89.