Florida Regulations 60Y-5.006: Administrative Dismissal of a Complaint
Current as of: 2024 | Check for updates
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The Executive Director, on behalf of the Commission, shall dismiss a complaint upon one or more of the following grounds:
(1) The complainant has failed or refused to cooperate or has failed to appear at or fails or refuses to participate in a duly noticed fact-finding conference and after notice pursuant to subsection 60Y-5.003(5), F.A.C., has failed to duly respond or show good cause for such nonappearance or nonparticipation;
(2) The complaint has been resolved by negotiated settlement pursuant to subsection 60Y-5.003(10), F.A.C.;
(3) The complaint has not been timely filed with the Commission;
(4) Anytime after the expiration of 180 days from the date of filing the complaint when a Determination of Reasonable Cause or No Reasonable Cause has not been issued by the Commission, and the complainant has failed to file a Petition for Relief pursuant to Fl. Admin. Code R. 60Y-5.008(1)(b)
(5) The complainant cannot be located after reasonable efforts to locate have been made and there is no response from the complainant within 30 days after notice was sent by certified mail to the complainant’s last known address;
(6) An agreement to submit to arbitration has been filed pursuant to Fl. Admin. Code R. 60Y-5.009;
(7) The complainant has voluntarily dismissed the petition for relief pursuant to subsection 60Y-5.008(7), F.A.C.;
(8) The complainant has voluntarily withdrawn the complaint; or
(9) There is no jurisdiction over the respondent or subject matter of the complaint.
Rulemaking Authority Florida Statutes § 760.06(12). Law Implemented 760.06, 760.11 FS. History-New 11-2-78, Amended 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.06, Amended 8-11-86, Formerly 22T-9.006, Amended 2-5-04, 5-17-21.
Terms Used In Florida Regulations 60Y-5.006
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- 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) The complaint has been resolved by negotiated settlement pursuant to subsection 60Y-5.003(10), F.A.C.;
(3) The complaint has not been timely filed with the Commission;
(4) Anytime after the expiration of 180 days from the date of filing the complaint when a Determination of Reasonable Cause or No Reasonable Cause has not been issued by the Commission, and the complainant has failed to file a Petition for Relief pursuant to Fl. Admin. Code R. 60Y-5.008(1)(b)
(5) The complainant cannot be located after reasonable efforts to locate have been made and there is no response from the complainant within 30 days after notice was sent by certified mail to the complainant’s last known address;
(6) An agreement to submit to arbitration has been filed pursuant to Fl. Admin. Code R. 60Y-5.009;
(7) The complainant has voluntarily dismissed the petition for relief pursuant to subsection 60Y-5.008(7), F.A.C.;
(8) The complainant has voluntarily withdrawn the complaint; or
(9) There is no jurisdiction over the respondent or subject matter of the complaint.
Rulemaking Authority Florida Statutes § 760.06(12). Law Implemented 760.06, 760.11 FS. History-New 11-2-78, Amended 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.06, Amended 8-11-86, Formerly 22T-9.006, Amended 2-5-04, 5-17-21.