| DEPARTMENT | DEPARTMENT OF MANAGEMENT SERVICES |
| AGENCY | FLORIDA COMMISSION ON HUMAN RELATIONS |
| FILENAME | F000767_20030829.pdf |
| MEETING DATE | Wednesday, September 24, 2003 |
| MEETING TIME | 9:00:00 |
| RULE NO | 60Y-5.006 |
| TITLE | Administrative Dismissal of a Complaint |
| SPECIFIC AUTHORITY | 120.54, 760.06(12), 760.11(14) FS. |
| LAW IMPLEMENTED | 760.01-.11 FS. |
| CONTACT | William Tait |
| William.Tait@FCHR.MyFlorida.com | |
| PHONE | (850) 488-7082 |
| ORIGINATOR | William James Tait, Jr., General Counsel |
| APPROVER | Cecil Howard, Executive Director |
| PROPOSAL DATE | 8/18/2003 |
| PUBLISH DATE | 8/1/2003 |
Purpose
The rule chapter provides for Commission proceedings to receive, investigate and act upon complaints of unlawful employment practice.Summary
Amendments have updated rule sections to conform to current procedures and statutory requirements, including the adoption of the Uniform Rules of Procedure, and clarifying when a complaint is filed, and under what conditions, amendments, withdrawals and dismissals of complaints may be made.Regulatory Costs
None. Any person who wishes to provide information regarding the statement of estimated regulatory cost, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.Notification
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:FULL TEXT OF THE PROPOSED RULE
60Y-5.006 Administrative Dismissal of a Complaint.
The Executive Director, on behalf of the Commission, may dismiss a complaint upon one or more of the following grounds:(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) After service of Notice of Determination of Reasonable Cause, No Reasonable Cause, or No Jurisdiction
(5) 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 after the Complainant files notice of a planned, or files a, civil action in a court of competent jurisdiction.
(6) after service of a Notice of Failure of Conciliation, the complainant has failed to file a Petition for Relief pursuant to 60Y-5.008, F.A.C.;
(6)
(7)
(8)
(9)
(10)
