Florida Regulations 34-12.750: Probable Cause Hearing
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(1) Notice of Hearing. The Respondent and the Complainant shall be given at least 14 days notice of the probable cause hearing.
(2) Scope of Hearing. The probable cause hearing is the conclusion of the preliminary investigation. The Respondent and the Advocate shall be permitted to make brief oral statements in the nature of oral argument to the Commission, based on the investigator’s report, before the probable cause determination. The Commission’s determination shall be based upon the investigator’s report, the Advocate’s recommendation, the complaint, and staff recommendations, as well as any written statements submitted by the respondent and any oral statements made at the hearing. No testimony or other evidence will be accepted at the hearing.
(3) Disposition of Complaint. At the probable cause hearing the Commission may find that there is probable cause to believe that the Respondent committed one or more violations of Florida Statutes § 112.3215; may find that there is no probable cause to believe that the Respondent violated Florida Statutes § 112.3215, and dismiss the complaint; or may continue the hearing to allow further investigation. The Commission may also dismiss a complaint at any stage of disposition if it determines that the public interest is not served by proceeding futher, in which case the Commission must issue a public report stating with particularity its reasons for the dismissal.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89, Amended 7-2-00, 1-4-24.
Terms Used In Florida Regulations 34-12.750
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(3) Disposition of Complaint. At the probable cause hearing the Commission may find that there is probable cause to believe that the Respondent committed one or more violations of Florida Statutes § 112.3215; may find that there is no probable cause to believe that the Respondent violated Florida Statutes § 112.3215, and dismiss the complaint; or may continue the hearing to allow further investigation. The Commission may also dismiss a complaint at any stage of disposition if it determines that the public interest is not served by proceeding futher, in which case the Commission must issue a public report stating with particularity its reasons for the dismissal.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89, Amended 7-2-00, 1-4-24.