Section 34-12.750 - Probable Cause Hearing(1) Notice of Hearing. The Respondent and the Complainant shall be given at least 14 days notice of the probable cause hearing.(2) Scope of Hearing. The probable cause hearing is the conclusion of the preliminary investigation. The Respondent and the Advocate shall be permitted to make brief oral statements in the nature of oral argument to the Commission, based on the investigator's report, before the probable cause determination. The Commission's determination shall be based upon the investigator's report, the Advocate's recommendation, the complaint, and staff recommendations, as well as any written statements submitted by the respondent and any oral statements made at the hearing. No testimony or other evidence will be accepted at the hearing.(3) Disposition of Complaint. At the probable cause hearing the Commission may find that there is probable cause to believe that the Respondent committed one or more violations of Section 112.3215, F.S.; may find that there is no probable cause to believe that the Respondent violated Section 112.3215, F.S., and dismiss the complaint; or may continue the hearing to allow further investigation. The Commission may also dismiss a complaint at any stage of disposition if it determines that the public interest is not served by proceeding futher, in which case the Commission must issue a public report stating with particularity its reasons for the dismissal.Fla. Admin. Code Ann. R. 34-12.750
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented 112.3215 FS.
New 10-12-89, Amended 7-2-00, Amended by Florida Register Volume 49, Number 244, December 19, 2023 effective 1/4/2024.New 10-12-89, Amended 7-2-00, 1-4-24.