34-12.750. Probable Cause Hearing  


Effective on Sunday, July 2, 2000
  • 1(1) Notice of Hearing. The Respondent and the Complainant shall be given at least 14 days notice of the probable cause hearing.

    23(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.

    117(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 147112.3215, F.S.; 149may find that there is no probable cause to believe that the Respondent violated Section 164112.3215, F.S., 166and dismiss the complaint; or may continue the hearing to allow further investigation.

    179Rulemaking Authority 181112.3215, 182112.322(9) FS. 184Law Implemented 186112.3215 FS. 188History–New 10-12-89, Amended 7-2-00.

     

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