34-12.740. Motions to Dismiss for Lack of Jurisdiction

The Respondent may file a written motion to dismiss the complaint for lack of jurisdiction stating with particularity the grounds therefor. A copy shall be served on the Advocate, who may file a written response within ten days of service of the motion. The Commission shall hear the arguments of the Respondent and Advocate on such a motion immediately prior to the probable cause hearing. If the Commission finds that it has jurisdiction over any matters alleged in the complaint, it shall deny the Respondent’s motion with respect to those allegations and shall proceed to the probable cause hearing of those matters over which it finds it has jurisdiction. If the Commission finds that it has no jurisdiction over any matter alleged in the complaint, it shall order the complaint dismissed and shall proceed in accordance with Rule 34-12.720, F.A.C., as if the complaint had been found insufficient and dismissed without investigation.

Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented 112.3215 FS. History–New 10-12-89.