The purpose and effect of this proposed rulemaking is to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

RULE NO.: RULE TITLE:
15-6.001: Policy Statement
15-6.002: Definition of Sexual Harassment
15-6.003: Training Requirements
15-6.004: Disciplinary Action
15-6.005: Designation of Persons to Receive and Investigate Complaints
15-6.006: Procedure for Filing Complaint
15-6.007: Investigation Procedure and Complaint Disposition
15-6.008: Time Limitations for Intake, Investigation, Formal and Informal Disposition
15-6.009: Complainant's Right to Seek Remedy Outside of the Department

PURPOSE AND EFFECT: The purpose and effect of this proposed rulemaking is to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY: These rules were identified during the comprehensive rule review as containing provisions that are no longer applicable, are antiquated, or are duplicative, and, thus, are appropriate for repeal.

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 Agency has determined that these proposed rules are not expected to require legislative ratification because they are being repealed to reduce unnecessary regulation.

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: 120.53(1)(a), 322.02, 110.503(2) FS
LAW IMPLEMENTED: 120.53(1)(a), 110.501-.505 FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: September 10, 2012, 2:00 p.m.

PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room A432, Tallahassee, Florida 32399

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Richard Brown, 2900 Apalachee Parkway, Room A432, Tallahassee, Florida 32399, [e-mail], [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Richard Brown, 2900 Apalachee Parkway, Room A432, Tallahassee, Florida 32399, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

 

15-6.001 Policy Statement.

 

Rulemaking Specific Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.01, Repealed________.

 

15-6.002 Definition of Sexual Harassment.

 

Rulemaking Specific Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.02, Repealed________.

 

15-6.003 Training Requirements.

 

Rulemaking Specific Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.03, Repealed________.

 

15-6.004 Disciplinary Action.

 

Rulemaking Specific Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.04, Repealed________.

 

15-6.005 Designation of Persons to Receive and Investigate Complaints.

 

Rulemaking Specific Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.05, Repealed________.

 

15-6.006 Procedure for Filing Complaint.

 

Rulemaking Specific Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.06, Repealed________.

 

15-6.007 Investigation Procedure and Complaint Disposition.

 

Rulemaking Specific Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.07, Repealed________.

 

15-6.008 Time Limitations for Intake, Investigation, Formal and Informal Disposition.

 

Rulemaking Specific Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.08, Repealed________.

 

15-6.009 Complainant’s Right to Seek Remedy Outside of the Department.

 

Rulemaking Specific Authority 120.53(1), 110.201(2) FS. Law Implemented 110.112, 110.201(2), 110.227(1), 23.161, 23.167 FS. History–New 4-18-83, Formerly 15-6.09, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Brown, Assistant General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 7, 2012