The proposed rule amendment seeks to delete outdated information from the rule while updating other phrases.

 

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PURPOSE AND EFFECT: The proposed rule amendment seeks to delete outdated information from the rule while updating other phrases.

SUBJECT AREA TO BE ADDRESSED: The proposed rule updates the general procedures of the Florida Commission on Human Relations.

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

LAW IMPLEMENTED: 760.02, 760.03, 760.05, 760.06, 760.07, 760.10, 760.11, 120.57, 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, Room 110, Tallahassee, FL 32399-7020, [phone], [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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, ____.

 

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_____.