60BB-5.025. Decision (Transferred)

(1) Upon conclusion of the hearing the appeals referee shall render and submit to the parties a written decision.

(2) The decision shall be based solely upon matters contained in the official record.

(3) The decision shall include, but not be limited to, the following:

(a) A statement of the referee’s jurisdiction;

(b) A statement of the issues;

(c) Findings of fact necessary for resolution of the issues. Findings based upon stipulation of the parties or matters officially recognized by the referee shall be so designated;

(d) An analysis of the findings including a concise and explicit statement of the underlying evidence in the record which supports the findings.

1. Where a finding is based solely on hearsay, notwithstanding Section 120.57(1)(c), F.S., as provided in Section 443.151(4)(b)5.c., F.S., the appeals referee shall set forth the rationale by which the evidence was determined to be admissible in accordance with Section 443.151(4)(b)5.c.(I) and (II), F.S.

2. If confronted with conflicting evidence with respect to a disputed issue of fact, the finding of which is determinative of the outcome of the appeal, the appeals referee shall acknowledge such conflict and set forth the rationale by which the conflict was resolved.

(e) Conclusions of law accompanied by reference to the operative findings of fact and the specific provisions of the statutory and decisional law from which the conclusions were drawn.

(f) The ultimate decision which sets forth the action to be taken.

(4) A copy of the decision shall be mailed to the address of record of each of the parties or their attorneys or representatives of record, if any, by regular U.S. Mail. Copies of the decision shall also be furnished to the offices of the Agency for Workforce Innovation which have an interest in the proceedings. The decision shall advise the parties of their right to and the means by which an appeal of the decision may be filed with the Unemployment Appeals Commission.

(5) The appeals referee or the referee’s designated clerk shall complete, sign and affix to the decision a certificate stating that the decision was filed and copies were mailed to each of the parties at the address listed on the decision on the date certified.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.25, Amended 8-20-86, Formerly 38E-5.025, Amended 3-11-12.