Florida Regulations 34-12.715: Staff Procedures Upon Receipt of a Complaint
Current as of: 2024 | Check for updates
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(1) Safeguarding Confidential Materials. Upon receipt of a sworn complaint, staff shall stamp on the face thereof the date on which the complaint was received in the Commission office. Each complaint received shall be assigned a control number which shall be entered on the complaint itself and on a colored folder in which the complaint shall be filed so long as it remains confidential. Any document related to the complaint shall be entered into the complaint file.
(2) Technical and Clerical Review. Upon receipt of a complaint, staff of the Commission shall review the complaint to insure that the proper complaint form has been used, that all the information required has been provided, that only one Respondent has been named in each complaint form submitted, and that the complaint has been properly signed by the Complainant under oath. One or more persons may sign a complaint under oath; however, when the complaint is to be filed under oath in a representative capacity, the complaint shall include sufficient information to indicate the Complainant’s authority to file the complaint in behalf of the corporation, association, group, organization, or other entity. If the complaint lacks any of the foregoing or is otherwise incomplete, the complaint shall be returned to the Complainant with instructions on remedying the defect. Commission staff shall provide assistance or information to persons seeking to file a complaint, but shall not encourage, solicit, or discourage the filing of a complaint.
(3) Transmittal of Complaint to Respondent. A copy of the sworn complaint shall be transmitted to the Respondent by certified mail, return receipt requested, prior to any Commission or staff action on the complaint. Subsequent sworn amendments to the complaint also shall be transmitted to the Respondent in the same manner. If the certified mailing is returned undelivered, personal service of the copy of the complaint may be used in the manner provided by law for service of subpoenas, while maintaining the confidentiality of the complaint to the extent possible under the circumstances.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89.
Terms Used In Florida Regulations 34-12.715
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Oath: A promise to tell the truth.
(3) Transmittal of Complaint to Respondent. A copy of the sworn complaint shall be transmitted to the Respondent by certified mail, return receipt requested, prior to any Commission or staff action on the complaint. Subsequent sworn amendments to the complaint also shall be transmitted to the Respondent in the same manner. If the certified mailing is returned undelivered, personal service of the copy of the complaint may be used in the manner provided by law for service of subpoenas, while maintaining the confidentiality of the complaint to the extent possible under the circumstances.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89.