Explanation: Why You Don't Need To Summon The Respondent During Your FCHR Proceeding
| Background: | Your case is pending with the FCHR, and you've heard about summoning defendants |
| Problem: | You are unsure about summoning the respondent |
| Solution: | You read this material to help quell doubt |
I. Definitions
II. Legal Citations
III. Quick Analysis
You do not need to summon the respondent during your FCHR proceeding.
TBD says this for the following reasons:
- The respondent in your case will already be notified.
- The FCHR notifies your respondent right after you file your Complaint.
- Just make sure you've supplied accurate contact information (see Rule 60Y-5.001(6)(a)(2) FAC)
- The FCHR is not a "court of competent jurisdiction" (see §760.11(4) Florida Statutes).
- As an administrative agency, the FCHR is part of Florida's Executive Branch of Government (click here for more).
- This is noteworthy, because the executive branch does not seem to have any power to issue a summons.
- As an administrative agency, the FCHR is part of Florida's Executive Branch of Government (click here for more).
- None of the FCHR's administrative codes say that it has the power to summon a respondent.
- TBD has read over 6,000 FCHR documents, and has never seen the agency issue a summons.
- TBD has booked over 4,000 FCHR-DOAH cases into its database, and has never seen an FCHR respondent claim it was unaware of the DOAH proceeding.
IV. Additional Notes
- Please review TBD's Analysis on the Prevalance of FCHR Summonses (or lack thereof) for more information.
V. Additional Resources
- Item 13.03, Pro Se Handbook (USNYWD)
- see the 'Summons for a Civil action' instructions
VI. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
