Rule 60Y-4.016 is amended to describe the Assignment of Hearings upon the filing of a Petition for Relief with the Florida Commission on Human Relations.

 

DEPARTMENT OF MANAGEMENT SERVICES

Commission on Human Relations

RULE NO.:RULE TITLE:

60Y-4.016Assignment of Hearings

PURPOSE AND EFFECT: Rule 60Y-4.016 is amended to describe the Assignment of Hearings upon the filing of a Petition for Relief with the Florida Commission on Human Relations.

SUMMARY: The amendment to Rule 60Y-4.016 describes the Assignment of Hearings upon the filing of a Petition for Relief with the Florida Commission on Human Relations.

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 economic review conducted by the Agency.

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), F.S.

LAW IMPLEMENTED: 760.11(6), 760.30(2), F.S.

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: Juan R. Collins, General Counsel, Florida Commission on Human Relations, 4075 Esplanade Way, Suite 110, Tallahassee, FL 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60Y-4.016 Assignment of Hearings.

(1) A hearing upon a Petition for Relief from an Unlawful Employment Practice, a Housing Discrimination Practice or a Public Accommodation Practice, pursuant to Rules 60Y-5.008, 60Y-8.001 and 60Y-10.005, F.A.C., respectively shall be conducted by an Administrative Law Judge designated by the Division of Administrative Hearings unless, prior to service of the Notice of Hearing pursuant to Rule 60Y-4.021, F.A.C., the Chairperson or Chair of the Panel designates a Commissioner as the hearing officer or directs that the hearing be conducted by the Commission or Panel, in the instance of employment and public accommodation discrimination cases in which a Notice of Determination of Reasonable Cause has been issued, or directs the hearing be conducted by an employee of the Commission, in the instance of a housing discrimination case.

(2) No change.

(3) No change. 

Rulemaking Authority 760.06(12)(13), 760.11(14), 760.31(5) FS. Law Implemented 120.53, 760.03(5), 760.06, 760.11(6), 760.30(2) FS. History–New 11-2-78, Formerly 9D-8.16, Amended 2-4-82, 6-16-83, Formerly 22T-8.16, 22T-8.016, Amended 2-5-04,                        .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Juan R. Collins, General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cheyanne Costilla, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 25, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 09/24/2024 (v. 50, n. 187)