(A) The Commission shall hear and make a determination of requests for review of:
(1) Decisions of the Director to dismiss an initial complaint; and
(2) Notices of default issued by the Director.
(B) A request for review under either provision of subsection (A) above shall be filed with the Commission within 14 days from the date that a copy of the decision to be reviewed was served on the party seeking review. For purposes of this section, the date of service shall be three days after the date of mailing. The Division shall be the respondent in each case.
(C) When a request for review is properly filed, the Commission may consider the Director’s report, any argument and supplemental evidence timely submitted, and the results of any additional investigation conducted by the Division in response to a request.
(D) When a respondent fails to file a timely request for review of a notice of default, or the default is sustained on review, the Commission shall enter a default order and set a hearing on penalties. The hearing on penalties shall be conducted in accordance with § 95.41(I) and (J). The default order shall be considered a final order of the Commission for purposes of judicial proceedings.
(E) If the Commission determines that a dismissal of the initial complaint or a notice of default should not have been rendered, the Commission shall remand the case to the Division for further action pursuant to this chapter. If the Commission determines that the dismissal of the initial complaint was proper, the Commission shall issue an order sustaining such dismissal.
(F) Any proceedings under this section shall toll the time limitation which the Division has to file a complaint for hearing from the date of the notice of default or dismissal to the date the Commission’s order is entered.
(Ord. 8122, passed 8-1-00; Am. Ord. 9146, passed 5-1-18)