73B-20.017. Nonappearance of Parties

(1) Except as provided in rule 73B-20.016, F.A.C., the appeals referee may, notwithstanding failure of a party to appear, proceed with the hearing.

(2) Failure of the appellant to appear at the hearing shall constitute grounds for dismissal of the appeal.

(3) Any party to a hearing must call the Office of Appeals at least 24 hours before the scheduled hearing to confirm attendance and provide a telephone number where the party can be reached at the time of the hearing. Failure of the appellant to complete the advance confirmation call as required will be treated as failure to appear and may result in dismissal of the appeal. Failure of the appellee to complete the advance confirmation call may be treated as a failure to appear and may result in an unfavorable decision.

(4) Upon written request of the appellant to reopen the hearing or upon the referee’s own motion, the appeals referee shall for good cause shown for nonappearance rescind a dismissal decision and reopen the appeal. Upon written request of the appellee to reopen the hearing or upon the referee’s own motion, the appeals referee shall for good cause shown for nonappearance rescind a decision and reopen the appeal if the appellee did not appear at the last scheduled hearing and the referee has entered a decision adverse to the appellee. The appeals referee shall have the authority to reopen an appeal under this rule provided that the request has been filed or motion entered within 20 days of rendition of the decision.

(a) A threshold issue to be decided at the hearing held to consider reopening an appeal shall be whether there is a good cause for proceeding with an additional hearing. If good cause is found, the appeals referee shall proceed on the merits. If good cause is not found, the referee shall reinstate the decision. The referee shall have no further authority with respect to a reinstated decision; however, any party or other person entitled by law to do so may file an appeal of the reinstated decision in accordance with chapter 73B-21, F.A.C. Referees may reserve ruling on the issue of nonappearance and proceed with the merits portion of the hearing when the nonappearing party has made an initial showing of good cause for nonappearance.

(b) Denial without hearing of a request to reopen an appeal shall be in writing. The requesting party may appeal the denial by filing an appeal with the Reemployment Assistance Appeals Commission in the manner set forth in chapter 73B-21, F.A.C.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.17, Amended 8-20-86, 3-1-98, Formerly 38E-5.017, 60BB-5.017, Amended 8-5-19.