Section 60Y-5.006 - Administrative Dismissal of a ComplaintThe Executive Director, on behalf of the Commission, shall dismiss a complaint upon one or more of the following grounds:
(1) The complainant has failed or refused to cooperate or has failed to appear at or fails or refuses to participate in a duly noticed fact-finding conference and after notice pursuant to subsection 60Y-5.003(5), F.A.C., has failed to duly respond or show good cause for such nonappearance or nonparticipation;(2) The complaint has been resolved by negotiated settlement pursuant to subsection 60Y-5.003(10), F.A.C.;(3) The complaint has not been timely filed with the Commission;(4) Anytime after the expiration of 180 days from the date of filing the complaint when a Determination of Reasonable Cause or No Reasonable Cause has not been issued by the Commission, and the complainant has failed to file a Petition for Relief pursuant to paragraph 60Y-5.008(1)(b), F.A.C.(5) The complainant cannot be located after reasonable efforts to locate have been made and there is no response from the complainant within 30 days after notice was sent by certified mail to the complainant's last known address;(6) An agreement to submit to arbitration has been filed pursuant to Rule 60Y-5.009, F.A.C.;(7) The complainant has voluntarily dismissed the petition for relief pursuant to subsection 60Y-5.008(7), F.A.C.;(8) The complainant has voluntarily withdrawn the complaint; or(9) There is no jurisdiction over the respondent or subject matter of the complaint.Fla. Admin. Code Ann. R. 60Y-5.006
Rulemaking Authority 760.06(12) FS. Law Implemented 760.06, 760.11 FS.
New 11-2-78, Amended 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.06, Amended 8-11-86, Formerly 22T-9.006, Amended 2-5-04, Amended by Florida Register Volume 47, Number 086, May 4, 2021 effective 5/17/2021.New 11-2-78, Amended 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.06, Amended 8-11-86, Formerly 22T-9.006, Amended 2-5-04, 5-17-21.