60BB-3.017. Nonmonetary Determinations (Transferred)

(1) Investigation of Issues. The Agency will investigate all issues that may affect a claimant’s benefits. The Agency will make a reasonable attempt to contact all parties and obtain facts necessary to resolve nonmonetary issues. Contact methods include, but are not limited to, telephone, mail, e-mail and facsimile transmission. If it is determined that the claimant has satisfied the terms of a potential disqualification that would otherwise be imposed, no investigation need be conducted. However, a determination will be made pursuant to Rule 60BB-3.018, F.A.C., regarding charges to the employer’s account.

(2) Parties Entitled to Notice of Determination. Determinations will be issued to all parties entitled to notice on AWI Form UCB-45, “Notice of Determination”, (Rev. 02/08), incorporated by reference in Rule 60BB-3.029, F.A.C.

(a) Claimants. A claimant is entitled to notice of any determination affecting his or her benefits.

(b) Employers. Pursuant to Section 443.151(3), F.S., an employer entitled to notice is the employer:

1. From which the separation occurred, when job separation is the issue;

2. That offered work to the claimant; when failure to accept work is the issue;

3. Directly involved in the dispute, at whose factory, establishment or other premises the claimant is or was employed, when labor dispute is the issue;

4. By or on behalf of which such remuneration was paid, when wages in lieu of notice, retirement income, workers’ compensation or other remuneration is the issue;

5. Directly involved, when false or fraudulent representation to obtain or to increase benefits is the issue; or

6. Directly involved, when employment status, fraud, or overpayment resulting from improperly reported work or earnings is the issue.

Specific Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.151(3) FS. History–New 8-25-92, Formerly 38B-3.017, Amended 8-14-08.