Florida Regulations 34-12.735: Investigations
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(1) Investigators. Investigation shall be conducted by Commission staff, by personnel of the Department of Legal Affairs, or by any other person or agency so designated by the Commission. An investigator shall be impartial and unbiased in the conduct of the investigation. If an investigator feels that for any reason he or she cannot be impartial or unbiased, then the investigator shall so notify the Executive Director and shall immediately discontinue working on the investigation. If the Executive Director or the Commission concludes that the investigator cannot be unbiased or impartial, the investigator shall be relieved of any further responsibilities for that investigation.
(2) Scope of Investigation. Investigations shall be limited to evidence relating to the potential violations alleged in the complaint as determined in the order to investigate entered by the Executive Director or the Commission.
(3) Investigator’s Contacts with Potential Witnesses. Except when obtaining copies of public records, the investigator shall inform the person being interviewed of the confidential nature of the complaint and of the investigation, unless the Respondent has waived confidentiality.
(4) Investigative File. The investigator shall prepare an investigative file containing: copies of all documents obtained during the course of the investigation; tape recordings of interviews with witnesses which have been recorded; summaries or notes of interviews which have not been recorded; and any other materials of probative value to the issues investigated.
(5) Report of Investigation. Upon the completion of the investigation, the investigator shall prepare a report to the Commission. The report shall contain a narrative account of all pertinent information obtained through interviews of witnesses, documentary evidence, or other sources, and shall include a discussion of any conflicts in the evidence. The report shall make no recommendation as to whether a violation is indicated by the evidence.
(6) Notification of Completion of Investigation. The Executive Director shall send to the Respondent and the Complainant a copy of the report of investigation by certified mail, return receipt requested.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89.
Terms Used In Florida Regulations 34-12.735
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) Investigator’s Contacts with Potential Witnesses. Except when obtaining copies of public records, the investigator shall inform the person being interviewed of the confidential nature of the complaint and of the investigation, unless the Respondent has waived confidentiality.
(4) Investigative File. The investigator shall prepare an investigative file containing: copies of all documents obtained during the course of the investigation; tape recordings of interviews with witnesses which have been recorded; summaries or notes of interviews which have not been recorded; and any other materials of probative value to the issues investigated.
(5) Report of Investigation. Upon the completion of the investigation, the investigator shall prepare a report to the Commission. The report shall contain a narrative account of all pertinent information obtained through interviews of witnesses, documentary evidence, or other sources, and shall include a discussion of any conflicts in the evidence. The report shall make no recommendation as to whether a violation is indicated by the evidence.
(6) Notification of Completion of Investigation. The Executive Director shall send to the Respondent and the Complainant a copy of the report of investigation by certified mail, return receipt requested.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89.