Florida Regulations 61G4-12.010: Probable Cause Panel
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(1) The determination as to whether probable cause exists to believe that a violation of the provisions of Part I, Florida Statutes Chapter 489, Florida Statutes Chapter 455, or the rules promulgated thereunder, has occurred shall be made by a unanimous vote of the appropriate probable cause panel unless the probable cause determination is made by the Department pursuant to subsection (7).
(2) There shall be two probable cause panels. One panel shall be composed of two members of Division I of the Construction Industry Licensing Board, and shall be authorized to take action on any matter under the jurisdiction of Division I. The other panel shall be composed of two members of Division II of the Construction Industry Licensing Board and shall be authorized to take action on any matter under the jurisdiction of Division II.
(3) The consumer member or building official member may fill one of the two appointments to each panel. One member of each panel may be a past board member, provided that if the past member is a contractor, that member holds an active valid license.
(4) The probable cause panels shall meet at such times as called by the Chairperson of the Construction Industry Licensing Board.
(5) The probable cause panel members shall be selected by the Chairperson. The Chairperson shall also appoint a member of each Division to serve as an alternate member of each panel. The alternate member shall serve on the panel only in the event that a quorum is not present at a meeting of the probable cause panel.
(6) The Board hereby delegates to the Department authority to close any case when there is no probable cause. For the purposes of oversight by the Board, the Department’s legal section shall, on a monthly basis, provide the Chairperson or the Chairperson’s delegee with copies of all closing orders filed in the preceding period.
(7) The Department may make the determination as to probable cause for any case it investigates or may defer such determination to the Board’s probable cause panel. In case where the Department defers the determination of probable cause to the expertise of the Board’s probable cause panel the Department will not further exercise the determination of probable cause as to that case or as to any other case arising out of the same transaction or occurrence. Rather, the Department will continue to defer the probable cause determinations and/or dismissal decisions over the respective case to the Board’s probable cause panel.
Rulemaking Authority 455.225 FS. Law Implemented 455.225(4) FS. History-New 10-18-79, Formerly 21E-1.41, Amended 1-6-80, 5-11-80, Formerly 21E-12.10, Amended 4-12-88, 12-21-92, Formerly 21E-12.010, Amended 11-25-97, 11-29-99, 11-3-19.
Terms Used In Florida Regulations 61G4-12.010
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oversight: Committee review of the activities of a Federal agency or program.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Quorum: The number of legislators that must be present to do business.
(3) The consumer member or building official member may fill one of the two appointments to each panel. One member of each panel may be a past board member, provided that if the past member is a contractor, that member holds an active valid license.
(4) The probable cause panels shall meet at such times as called by the Chairperson of the Construction Industry Licensing Board.
(5) The probable cause panel members shall be selected by the Chairperson. The Chairperson shall also appoint a member of each Division to serve as an alternate member of each panel. The alternate member shall serve on the panel only in the event that a quorum is not present at a meeting of the probable cause panel.
(6) The Board hereby delegates to the Department authority to close any case when there is no probable cause. For the purposes of oversight by the Board, the Department’s legal section shall, on a monthly basis, provide the Chairperson or the Chairperson’s delegee with copies of all closing orders filed in the preceding period.
(7) The Department may make the determination as to probable cause for any case it investigates or may defer such determination to the Board’s probable cause panel. In case where the Department defers the determination of probable cause to the expertise of the Board’s probable cause panel the Department will not further exercise the determination of probable cause as to that case or as to any other case arising out of the same transaction or occurrence. Rather, the Department will continue to defer the probable cause determinations and/or dismissal decisions over the respective case to the Board’s probable cause panel.
Rulemaking Authority 455.225 FS. Law Implemented 455.225(4) FS. History-New 10-18-79, Formerly 21E-1.41, Amended 1-6-80, 5-11-80, Formerly 21E-12.10, Amended 4-12-88, 12-21-92, Formerly 21E-12.010, Amended 11-25-97, 11-29-99, 11-3-19.