Florida Regulations 34-5.020: Stipulations, Settlements, and Consent Orders
Current as of: 2024 | Check for updates
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Informal disposition of the complaint may be made of any proceeding by stipulation, agreed settlement, or consent order between the Advocate and the Respondent, upon approval of the Commission in a public meeting, so long as a public report is made.
(1) The Advocate is not required to present or propose to the Commission a stipulation, settlement, or consent order offer from the Respondent unless the Advocate agrees to the terms of the offer.
(2) Commission staff shall send to the complainant a copy of the proposed stipulation, settlement, or consent order, notify the complainant of the meeting at which the Commission will consider the proposed stipulation or order, and advise the complainant that any written response to the proposed stipulation or order submitted by the complainant will be provided to the Commission for its consideration. If the complainant files a written response, a copy of it will be provided to the Respondent and the Advocate by Commission staff.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented Art. II, Section 8(f), (h), Fla. Const. 112.322, 112.324 FS. History-New 7-13-80, Formerly 34-5.20, Amended 2-16-95, 7-28-98.
Terms Used In Florida Regulations 34-5.020
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2) Commission staff shall send to the complainant a copy of the proposed stipulation, settlement, or consent order, notify the complainant of the meeting at which the Commission will consider the proposed stipulation or order, and advise the complainant that any written response to the proposed stipulation or order submitted by the complainant will be provided to the Commission for its consideration. If the complainant files a written response, a copy of it will be provided to the Respondent and the Advocate by Commission staff.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented Art. II, Section 8(f), (h), Fla. Const. 112.322, 112.324 FS. History-New 7-13-80, Formerly 34-5.20, Amended 2-16-95, 7-28-98.