34-9.004. Staff Procedures Upon Receipt of Request for Hearing in Absence of Sworn Complaint

(1) Upon receipt of a petition by any public officer or employee seeking a hearing before the Ethics Commission to present oral or written testimony pursuant to subsection 112.322(2), F.S., in response to allegations made against such person that he or she engaged in conduct violative of the Code of Ethics, Part III, Chapter 112, Florida Statutes, or engaged in any other breach of the public trust, staff shall stamp on the face thereof the date on which the petition was received and the petition shall be assigned a control number which shall be entered on the petition itself and on a folder in which the petition shall be filed as a public record.

(2) Upon receipt of a petition for a hearing pursuant to Florida Statutes Section 112.322(2), F.S. the staff of the Commission shall review the petition to determine if sufficient detail has been submitted by the Petitioner to enable the Commission to judge whether the allegations accuse Petitioner of engaging in conduct violative of the Code of Ethics or constituting any other breach of the public trust and whether the allegations are of such gravity as to affect the general welfare of the state and the ability of Petitioner to effectively discharge the duties of office. If the petition is incomplete or insufficient to allow such a determination, a copy of the petition shall be returned to Petitioner with a request for additional information. The staff shall provide assistance or information to persons petitioning for a hearing, but shall not in any manner encourage, solicit or discourage a petition for hearing.

Rulemaking Authority 112.322(9) FS. Law Implemented 112.322(2) FS. History–New 2-23-77, Formerly 34-9.03, Amended 9-21-77, Formerly 34-9.04, Amended 2-16-95, 7-28-98.