(1) A subpoena necessary to gather evidence during the investigation of a legally sufficient complaint shall be executed and issued by the executive director. The subpoena shall contain a notice that the person to whom the subpoena is directed may file a motion to quash or limit the subpoena with the Commission clerk and state the ground relied upon. At the request of any party, the Commission clerk shall schedule a motion hearing before a Commissioner designated by the Chairman to hear such non-dispositive matters. The filing of such a motion shall toll the time for responding to the subpoena. If the motion to quash is denied, the subpoena shall be complied with within five days of an oral or written ruling on the motion, whichever occurs first.
    (2) Any order of probable cause entered by the Commission shall advise the respondent of the right to a hearing pursuant to chapter 120, F.S., and the provisions of Fl. Admin. Code R. 2B-1.004, which allow the Commission to designate a Commissioner or Commissioners to hold hearings involving disputed issues of material fact. Any order of probable cause shall further advise the respondent of the right to stipulate to the facts and proceed to a hearing before the full Commission to determine wilfullness only.
Rulemaking Authority Florida Statutes § 104.271(2), 106.26(1) FS. Law Implemented 104.271(2), 106.25, 106.26 FS. History-New 1-11-99, Amended 4-24-05, 6-2-13.