Explanation: Why You Don't Need To Summon The Respondent During Your DOAH Proceeding
| Background: | Your case is in DOAH, 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 Commentary & Analysis
TBD says this for the following reasons:
- The respondent in your case will already be notified.
- The FCHR will notify your respondent when you file your Petition for Relief.
- Also, by virtue of the investigative phase, your respondent will already be aware of a pending suit.
- DOAH does not have the authority to issue a summons.
- DOAH has explicitly stated that it can only abide by §120 Florida Statutes, DOAH's Uniform Rules of Procedure, and Rules 1.280-1.400 Fla. R. Civ. P. (see this court document).
- None of these aforementioned rules/statutes grant DOAH the power to issue a summons.
- DOAH is not a "court of competent jurisdiction" (see §760.11(4) Florida Statutes).
- Instead, DOAH is a "quasi-judicial" administrative agency (see 20 of this court document).
- As an administrative agency, DOAH 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.
- TBD has read over 25,000 DOAH 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 DOAH 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
