34-5.0025. Withdrawal of Complaints

After a complaint has been filed with the Commission, the Commission may permit the complainant(s) to withdraw the complaint only for good cause shown. Withdrawal shall be requested in writing, signed by the complainant(s) and witnessed by a notary public, stating the facts and circumstances constituting good cause. The Executive Director shall prepare a written recommendation regarding disposition of the request which shall be given to the Commission together with the request. “Good cause” shall be determined based upon the legal sufficiency or insufficiency of the complaint to allege a violation of the Code of Ethics or other breach of public trust, the stage in disposition of the complaint arrived at before the request was received, and the reasons given by the complainant(s) for wishing to withdraw the complaint. If withdrawal is permitted, the Commission shall order the complaint dismissed and shall proceed in accordance with Rule 34-5.002, F.A.C. as if the complaint had been found insufficient under that rule.

Rulemaking Authority 112.322(9) FS. Law Implemented Art. II, Sec. 8(f), (h), Fla. Const., 112.322, 112.324 FS. History–New 4-21-83, Formerly 34-5.025.