Current through Reg. 50, No. 187; September 24, 2024
The following guidelines are provided for the efficient and
orderly conduct of a hearing to consider reports of investigating officers. The
hearing is designed to provide for an orderly procedure to be used by the
probable cause panel in the assimilation of facts.
(1) Probable Cause Hearing to Consider
Investigating Officer's Report.
(a) Purpose.
Prior to finding probable cause, the probable cause panel will hold a hearing
respecting each investigation. The purpose of the hearing will be to receive
and secure information relative to the merits of the pending investigation and
to determine whether probable cause exists for the initiation of disciplinary
action.
(b) Request for appearance.
The probable cause panel may request the appearance of the party or parties
being investigated in cases involving the review of plans and specifications,
as well, as in those cases in which, because of their complexity or significant
public policy considerations, such an appearance would assist the panel in
their deliberations. A party requested to appear is not under obligation to do
so, and such non-appearance shall not prevent the submission of written
responses or documentation to the panel nor shall it preclude the panel from
proceeding with its deliberation.
(c) Notice. Notice of the hearing shall be
mailed to parties being requested to appear by certified mail, return receipt,
no later than 14 days prior to the hearing. A copy of the report of
investigating officer shall also be mailed to the party being
investigated.
(2) Hearing
Procedure.
(a) Order of Presentation. The
following is intended to serve as a general rule guide to the conduct of the
hearing:
1. Opening Statement by Probable
Cause Panel Advising as to: The guidelines of the hearing, its purpose and the
rights and privileges of parties.
2. Opening Statement by Person Being
Investigated. Shall not exceed five (5) minutes and should concisely indicate
what he intends to show.
3. Report
of Investigating Officer. Shall be presented by either Investigating Officer or
his designated representative and shall not exceed twenty-five (25)
minutes.
4. Party under
Investigation. The party under investigation and witnesses may present all data
and testimony and related materials and shall not exceed a total of thirty (30)
minutes.
5. Finding by Probable
Cause Panel. The probable cause panel shall make finding of probable or no
probable cause or ruling as to continuance of investigation or
hearing.
(b) Extension of
Time of Presentation. The probable cause panel may extend the time for any
presentation.
(c) Exhibits. Each
participant, at the time an exhibit is identified at the hearing, shall
distribute four complete copies to the probable cause panel. Documentary
evidence must be of a size consistent with ease of handling, transportation,
and filing. Large exhibits may be used during the hearing, but reduced copies
thereof must be provided for the record.
(d) Record. The probable cause panel shall
electronically record the hearing proceedings to assure the accurate
transcription of all matters. Transcripts thereof may be obtained upon payment
of cost in preparing same.
(e) The
Department may at its discretion excise matters from the investigating
officer's report which are not relevant to the issues before the probable cause
panel or may tend to compromise investigations of other professionals or the
confidentiality thereof.
(3) Review of Investigating Officer's Report.
Consideration of Testimony and Exhibits Presented at Hearing and Findings of
Probable or No Probable Cause. At the conclusion of the hearing, the probable
cause panel shall review the investigating officer's report and consider
testimony and exhibits presented at the hearing and find a majority vote:
(a) Probable cause;
(b) No probable cause; or
(c) Return the report to the Department or
the investigating officer with appropriate instruction for further
investigation.
Rulemaking Authority
481.2055 FS. Law Implemented
455.227(1)
FS.
New 11-8-83, Formerly 21B-12.03, Amended 8-3-87, Formerly
21B-12.003, Amended 10-20-96.
