61G1-12.003. Probable Cause Panel Hearing Guidelines to Consider Investigating Officer's Reports

The following guidelines are provided for the efficient and orderly conduct of a hearing to consider reports of investigating officers. The hearing is designed to provide for an orderly procedure to be used by the probable cause panel in the assimilation of facts.

(1) Probable Cause Hearing to Consider Investigating Officer’s Report.

(a) Purpose. Prior to finding probable cause, the probable cause panel will hold a hearing respecting each investigation. The purpose of the hearing will be to receive and secure information relative to the merits of the pending investigation and to determine whether probable cause exists for the initiation of disciplinary action.

(b) Request for appearance. The probable cause panel may request the appearance of the party or parties being investigated in cases involving the review of plans and specifications, as well, as in those cases in which, because of their complexity or significant public policy considerations, such an appearance would assist the panel in their deliberations. A party requested to appear is not under obligation to do so, and such non-appearance shall not prevent the submission of written responses or documentation to the panel nor shall it preclude the panel from proceeding with its deliberation.

(c) Notice. Notice of the hearing shall be mailed to parties being requested to appear by certified mail, return receipt, no later than 14 days prior to the hearing. A copy of the report of investigating officer shall also be mailed to the party being investigated.

(2) Hearing Procedure.

(a) Order of Presentation. The following is intended to serve as a general rule guide to the conduct of the hearing:

1. Opening Statement by Probable Cause Panel Advising as to: The guidelines of the hearing, its purpose and the rights and privileges of parties.

2. Opening Statement by Person Being Investigated. Shall not exceed five (5) minutes and should concisely indicate what he intends to show.

3. Report of Investigating Officer. Shall be presented by either Investigating Officer or his designated representative and shall not exceed twenty-five (25) minutes.

4. Party under Investigation. The party under investigation and witnesses may present all data and testimony and related materials and shall not exceed a total of thirty (30) minutes.

5. Finding by Probable Cause Panel. The probable cause panel shall make finding of probable or no probable cause or ruling as to continuance of investigation or hearing.

(b) Extension of Time of Presentation. The probable cause panel may extend the time for any presentation.

(c) Exhibits. Each participant, at the time an exhibit is identified at the hearing, shall distribute four complete copies to the probable cause panel. Documentary evidence must be of a size consistent with ease of handling, transportation, and filing. Large exhibits may be used during the hearing, but reduced copies thereof must be provided for the record.

(d) Record. The probable cause panel shall electronically record the hearing proceedings to assure the accurate transcription of all matters. Transcripts thereof may be obtained upon payment of cost in preparing same.

(e) The Department may at its discretion excise matters from the investigating officer’s report which are not relevant to the issues before the probable cause panel or may tend to compromise investigations of other professionals or the confidentiality thereof.

(3) Review of Investigating Officer’s Report. Consideration of Testimony and Exhibits Presented at Hearing and Findings of Probable or No Probable Cause. At the conclusion of the hearing, the probable cause panel shall review the investigating officer’s report and consider testimony and exhibits presented at the hearing and find a majority vote:

(a) Probable cause;

(b) No probable cause; or

(c) Return the report to the Department or the investigating officer with appropriate instruction for further investigation.

Specific Authority 455.225, 481.2055 FS. Law Implemented 455.225, 455.227(1) FS. History–New 11-8-83, Formerly 21B-12.03, Amended 8-3-87, Formerly 21B-12.003, Amended 10-20-96.