The amendment adds "administrative law judge" to Rule 60Y-4.029 to reflect that the Commission will consider an administrative law judge's recommended order in a determination by the Commission. This language is consistent ....

 

DEPARTMENT OF MANAGEMENT SERVICES

Commission on Human Relations

RULE NO.:RULE TITLE:

60Y-4.029Determination by Commission

PURPOSE AND EFFECT: The amendment adds "administrative law judge" to Rule 60Y-4.029 to reflect that the Commission will consider an administrative law judge's recommended order in a determination by the Commission. This language is consistent with F.S. 760.11(6) and the definition in Rule 60Y-3.001(15).

SUMMARY: Rule 60Y-4.029 is amended to add "administrative law judge" to reflect that the Commission will consider an administrative law judge's recommended order in a determination by the Commission. This language is consistent with F.S. 760.11(6) and the definition in Rule 60Y-3.001(15).

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-4.029 Determination by Commission.

After the issuance of the administrative law judge's or hearing officer's recommended order, if any, and following the filing of exceptions, briefs and presentation of oral argument, if any, the Commission or Panel shall consider the record and issue a written decision resolving the issues before it.

Rulemaking Authority 760.06(12)(13), 760.11(14), 760.31(5) FS. Law Implemented 120.53 120.59, 120.54, 760.06, 760.10, 760.11(6), 760.30(2) FS. History–New 11-2-78, Formerly 9D-8.29, Amended 2-4-82, Formerly 22T-8.29, 22T-8.29, Amended     .

 

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)