The proposed rule amendments seek to delete outdated information from the rule while updating other phrases within the rules.

 

DEPARTMENT OF MANAGEMENT SERVICES

Commission on Human Relations

RULE NOS.:RULE TITLES:

60Y-4.001Applicability

60Y-4.028Oral Argument

PURPOSE AND EFFECT: The proposed rule amendments seek to delete outdated information from the rule while updating other phrases within the rules.

SUMMARY: The rule chapter language needs amended to delete outdated information.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule amendment is to a procedural rule and will have no economic impact and, therefore, will not require ratification. There are no applicable federal standards that relate to Rules 60Y-4.001 or 60Y-4.028.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 760.06(12), 760.11(14), FS.

LAW IMPLEMENTED: 120.57, 760.02, 760.03, 760.05, 760.06, 760.07, 760.10, 760.11 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cheyanne Costilla, General Counsel, Florida Commission on Human Relations, 4075 Esplanade Way, Room 110, Tallahassee, FL 32399-7020

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60Y-4.001 Applicability.

(1) The rules set forth in this chapter shall apply to all proceedings, except as provided in subsection (2), described in the rules of the Commission, unless specifically provided in the context of an individual rule.

(2) This chapter shall not apply to Complaints (Rule 60Y-5.001, F.A.C.); Agreements for Referral of Complaints (Rule 60Y-5.002, F.A.C.); Investigation of Complaints (Rule 60Y-5.003 60Y-4.004, F.A.C.); Conciliation (Rule 60Y-5.005, F.A.C.); Administrative Dismissal (Rule 60Y-5.006, F.A.C.); except as provided in subsection (3).

(3) The provisions of Rules 60Y-4.006, 60Y-4.007 and 60Y-4.008, F.A.C., shall apply to all rules enumerated in Subsection (2).

(3)(4) When a proceeding pursuant to Chapter 60Y-5, F.A.C., of the rules of the Commission is before a Panel, the term “Commission”, when it appears in this chapter, shall include that Panel, if the context so requires.

Rulemaking Specific Authority 760.06(12), 760.11(14) FS. Law Implemented 760.02, 760.03, 760.05, 760.06, 760.07, 760.10, 760.11 FS. History–New 11-2-78, Formerly 9D-8.01, Amended 6-16-83, Formerly 22T-8.01, 22T-8.001, Amended 8-22-00, xx-xx-xx.

 

60Y-4.028 Oral Argument.

(1) When a recommended order, pursuant to Rule 60Y-4.026, F.A.C., is before the Commission, a party filing an exception or brief may also request oral argument.

(2) A request for oral argument shall be by motion, filed simultaneously with the moving party’s exception or brief.

(3) If oral argument is permitted, each party will be allowed 15 minutes. The Commission may require, limit, expand or dispense with oral argument.

Rulemaking Specific Authority 760.06(12)(13) FS. Law Implemented 120.57, 760.06 FS. History–New 11-2-78, Amended 8-12-85, Formerly 22T-8.28, 22T-8.028, Amended xx-xx-xx.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Cheyanne Costilla, General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michelle Wilson, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10/28/16

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 2/6/17