60BB-7.003. Record on Appeal (Transferred)

(1) The contents of the record shall consist only of:

(a) All notices, pleadings, motions, intermediate rulings, and evidence received or considered by the appeals referee or other hearing officer, as well as all proffers of proof, objections and rulings thereon;

(b) All agency memoranda or data submitted to the appeals referee or other hearing officer, provided that such memoranda or data were submitted prior to disposition of the appeal, after notice of the submission to all parties;

(c) All matters placed upon the record after an ex parte communication pursuant to Section 120.66(2), Florida Statutes;

(d) The audio recording of the proceedings made by or under the supervision of the appeals referee or other hearing officer;

(e) The decision of the appeals referee or special examiner, if any;

(f) The notice of docketing of the appeal of the referee’s decision by the Unemployment Appeals Commission, or the order of the Commission removing the proceedings to itself or initiating review upon its own motion;

(g) Newly discovered evidence accepted by the Commission as meeting the requirements of Rule 60BB-7.005, F.A.C.

(2) Copies of the Record.

(a) Copies of the record or portions thereof may be obtained by parties or their representatives upon written request.

(b) Parties, other than claimants, shall be required to pay a duplication charge not in excess of actual cost.

(c) A timely motion for extension of time to file a brief, when filed in conjunction with a request for the record, or portions thereof, will be granted.

Specific Authority 120.54(1), 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.57(1)(f), 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-3.03, Amended 8-20-86, 1-5-93, Formerly 38E-3.003.