Florida Regulations 34-9.007: Investigations
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(1) Investigators. Investigations may be conducted by Commission staff, by personnel of the Department of Legal Affairs, or by any other person or agency so designated by the Executive Director.
(2) Scope of Investigation. Investigations shall be limited only to encompass facts and persons materially related to the issues defined by the Commission in its order granting the public hearing, but shall include all facts and persons reasonably calculated to lead to evidence admissible at the public hearing.
(3) Investigator to be Impartial. An investigator shall be impartial and unbiased in the conduct of the investigation. An investigator shall collect all evidence within the limits of the scope of the investigation, whether such evidence within the limits of the scope of the investigation, whether such evidence tends to prove or disprove the allegations. The investigator’s duty is to ascertain the truth. If an investigator feels that for any reason he or she cannot be impartial or unbiased, then such investigator shall so notify the Executive Director and shall immediately discontinue working on the investigation. If the Executive Director feels that the investigator cannot be unbiased or impartial at any time during the investigation, the Executive Director shall terminate any further investigation by the investigator.
(4) Investigative Report. Upon completion of a thorough investigation, the investigator(s) shall prepare a report to the Commission. The report shall contain summaries of statements made to the investigator(s) by witnesses and copies of all documents received by the investigator(s) which are material to the issues in question. The report shall not contain any determination or speculation or recommendation as to whether Petitioner violated the Code of Ethics. A copy of the investigative report shall be sent to Petitioner upon its completion. Documents shall be appropriately labeled and indexed for quick reference.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented 112.322(2) FS. History-New 9-21-77, Formerly 34-9.07.
Terms Used In Florida Regulations 34-9.007
- 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 to be Impartial. An investigator shall be impartial and unbiased in the conduct of the investigation. An investigator shall collect all evidence within the limits of the scope of the investigation, whether such evidence within the limits of the scope of the investigation, whether such evidence tends to prove or disprove the allegations. The investigator’s duty is to ascertain the truth. If an investigator feels that for any reason he or she cannot be impartial or unbiased, then such investigator shall so notify the Executive Director and shall immediately discontinue working on the investigation. If the Executive Director feels that the investigator cannot be unbiased or impartial at any time during the investigation, the Executive Director shall terminate any further investigation by the investigator.
(4) Investigative Report. Upon completion of a thorough investigation, the investigator(s) shall prepare a report to the Commission. The report shall contain summaries of statements made to the investigator(s) by witnesses and copies of all documents received by the investigator(s) which are material to the issues in question. The report shall not contain any determination or speculation or recommendation as to whether Petitioner violated the Code of Ethics. A copy of the investigative report shall be sent to Petitioner upon its completion. Documents shall be appropriately labeled and indexed for quick reference.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented 112.322(2) FS. History-New 9-21-77, Formerly 34-9.07.