73B-20.022. Withdrawal  


Effective on Monday, August 5, 2019
  • 1(1) The appellant may with the approval of the appeals referee withdraw the appeal prior to or at the hearing. If the withdrawal request is made prior to the hearing, it must be in writing; if made during the hearing, it must be entered orally on the record. If approved, the referee shall issue a written decision dismissing the appeal; provided, however, the appellant may request reopening of the appeal within 20 days of the date of issuance of the dismissal decision. The referee shall act upon such a request in the manner set forth in rule 9873B-20.017, 99F.A.C., regarding reopening the appeals dismissed for nonappearance of the appellant. Notwithstanding those provisions, however, a withdrawn appeal shall be reopened only upon showing that the withdrawal request was made as a result of misinformation from or coercion by the appellee or an employee of the Department of Economic Opportunity.

    149(2) A withdrawal request may be submitted by email to the Office of Appeals, 163RA.AppealsClerks@deo.myflorida.com; 164by 165facsimile (FAX), (850)617-6504; by courier service or in person, Caldwell Building, MSC #347, 107 East Madison Street, Tallahassee FL 32399-4143; by mail, P.O. Box 5250, Tallahassee, FL 32399-5250; 193or online via the CONNECT system.

    199Rulemaking Authority 201443.012(11) FS. 203Law Implemented 205443.151(4)(b)2., 206(d) FS. History–New 5-22-80, Formerly 38E-5.22, 38E-5.022, 21360BB-5.022, 214Amended 8-5-19.

     

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