On January 16, 2003, Petitioner filed a
complaint of discrimination pursuant to Florida Civil Rights Act
of 1992, Sections 760.01-760.11, Florida Statutes (2001),
alleging that the Respondent committed an unlawful employment
practice based on his race, color, sex, religion and in
retaliation. The allegations set forth in the complaint were
investigated and on March 24, 2004, the Executive Director
issued his determination that there was no reasonable cause to
believe that a discriminatory act occurred. The Petitioner
filed a Petition for Relief and was given a formal evidentiary
hearing in Melbourne, Florida, on October 28, 2004 before
Administrative Law Judge Daniel M. Kilbride.
Judge Kilbride issued a Recommended Order of
Dismissal dated November 3, 2004.
The Commission panel designated below
considered the record of this matter and determined the action
to be taken on the Recommended Order.
.
Findings of Fact and Conclusions of Law
At the hearing, Petitioner withdrew
his request for a formal hearing. Consequently, Judge Kilbride
advised the Petitioner that, if he withdrew his request, he
would be voluntarily abandoning his request for any relief at
issue in this proceeding. Petitioner acknowledged that he
understood the consequences of his request.
The Petitioner can dismiss the
complaint at any time prior to the Commission taking final
action under FCHR Rule 60Y-5.008 (7) which states:
“Voluntary Dismissal. A Petition for Relief may be dismissed by
the Petitioner without order of the hearing officer, Panel of
Commissioners or Commission (i) by serving or during hearing, by
stating on the record, a notice of dismissal at any time before
Commission takes final action or (ii) by filing a stipulation of
dismissal signed by all parties who have appeared in the
action. This dismissal operates with prejudice with respect to
the Petitioner’s Chapter 760, Florida Statutes, administrative
remedies and constitutes final agency action.”
We adopt the Administrative
Law Judge’s finding as to the Petitioner’s desire not to proceed
further, and adopt the Administrative Law Judge’s recommended
disposition of the matter.
Exceptions
Neither party filed exceptions to
the Administrative Law Judge’s Recommended Order of Dismissal.
Dismissal
The Petition for Relief and
Complaint of Discrimination are DISMISSED with prejudice.
The parties have the right to seek
judicial review of this Order. The Commission and the
appropriate District Court of Appeal must receive notice of
appeal within 30 days of the date this
Order is filed with the Clerk
of the Commission. Explanation of the right of appeal is found
in Section 120.68, Florida Statutes, and in the Florida
Rules of Appellate Procedure 9.110.
Done and Ordered this 23rd day of December, 2004.
For The Florida Commission on Human Relations.
