What if the Divisions investigation reaches a finding of probable cause?
If there is a finding of probable cause, the complainant and the respondent are notified of the finding and the Division schedules a conciliation conference with the respondent. The purpose of conciliation is to determine if the respondent is interested in settling the matter without the need for further proceedings. If the Division can work out an agreement with respondent and the complainant accepts the agreement, then the matter will be closed. If an agreement cannot be reached, the Director will transmit the case to the Office of Administrative Law for a hearing. A Deputy Attorney General may be assigned to prosecute the complaint on behalf of the Division, or the complainant may retain his/her own counsel. After the hearing, the Administrative Law Judge (ALJ) will render an initial decision which can be accepted, modified, or rejected by the Director. If the initial decision is accepted, the Director will issue an order adopting the decision. If the initial decision is rejected, t
Related Questions
- If probable cause is found and the person under investigation is an elected officer, can the Florida Elections Commission remove the officer from office?
- Can the decisions of the Board (findings, probable cause and recommendations) be appealed or challenged? Can a Safety Board investigation be reopened?
- What if the Divisions investigation reaches a finding of probable cause?
