The proposed rule amendment seeks to eliminate the section allowing respondents to amend an answer at any time prior to the issuance of a determination because of the delays it causes for the Florida Commission to conduct its investigations within ...

 

DEPARTMENT OF MANAGEMENT SERVICES

Commission on Human Relations

RULE NO.:RULE TITLE:

60Y-5.0011Answer

PURPOSE AND EFFECT: The proposed rule amendment seeks to eliminate the section allowing respondents to amend an answer at any time prior to the issuance of a determination because of the delays it causes for the Florida Commission to conduct its investigations within 180 days, as required by statute.

SUBJECT AREA TO BE ADDRESSED: The proposed rule relates to the deadline for filing an answer to a complaint of discrimination.

RULEMAKING AUTHORITY: 760.06(12), FS.

LAW IMPLEMENTED: 760.11(1), FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Cheyanne Costilla, General Counsel, Florida Commission on Human Relations, 4075 Esplanade Way, Suite 110, Tallahassee, FL 32399-7020, [phone], [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

60Y-5.0011 Answer.

(1) Respondent may file an answer to the complaint within 25 days of the date the complaint was filed with the commission. The answer shall be verified. The person filing the answer shall mail a copy to the complaining party.

(2) The answer may be reasonably and fairly amended at any time prior to the issuance of a determination pursuant to Rule 60Y-5.004, F.A.C.

Rulemaking Authority 760.06(12) FS. Law Implemented 760.11(1) FS. History–New 2-5-04, Amended 1-31-18, Amended _____ .