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Florida Administrative Code (Last Updated: April 18, 2024) |
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73. Department of Commerce |
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73B. Division of Workforce Services |
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73B-21. Reemployment Assistance Appeals Commission; General Procedures |
1(1) Any person who is entitled by law to notice of an appeals referee’s decision may file an appeal of that decision within 20 calendar days after the mailing of notice of the appeals referee’s decision to the parties at their last known addresses or, if not mailed, within 20 calendar days after the date of delivery of such notice.
61(2) Appeals filed 64to the locations specified in Rule 7073B-21.002, 71F.A.C., 72by mail are filed when postmarked by the United States Postal Service. Appeals filed 86at the locations specified in Rule 9273B-21.002, 93F.A.C., 94by hand delivery, 97courier service, 99or facsimile 101(FAX) are 103filed when date stamped at the authorized location. 111Appeals filed through the Department web-site as provided in Rule 12173B-21.002, 122F.A.C., shall be considered to have been filed on the date the confirmation number is issued.
138(3) An appeal delivered in person or by facsimile transmission 148will be date stamped by a 154Commission or Department of Economic Opportunity employee 161on the date hand delivered or the date placed on the document by the Department or Commission fax system. The Internet filing system shall post on the appeal the date the confirmation number is issued and the appeal was successfully received by the system.
205(4) 206In computing any period of time prescribed or allowed by these rules, the date of rendition of a decision, order, notice, or the filing of an appeal from which a designated period of time begins to run shall not be counted. The last day of the period shall be counted unless it is a Saturday, Sunday or holiday, in which event, the period shall run until the end of the next day that is not a Saturday, Sunday or holiday. As used in this rule, holiday means:
293(a) Those dates so designated by the Section 301110.117, F.S.;
303(b) Any other day on which the Office of the Clerk of the Commission is closed; and,
320(c) Any other day on which the United States Postal Service is closed.
333(5) An application for review which is not filed within the time allowed by law shall be dismissed by the Commission for lack of jurisdiction. The dismissal decision shall be limited to findings of fact and a conclusion of law regarding the timeliness of the application for review.
381Rulemaking Authority 383443.012(11) FS. 385Law Implemented 387443.151(4)(b), 388(c), (d) FS. History–New 5-22-80, Formerly 38E-2.03, Amended 8-20-86, 1-5-93, 8-7-01, Formerly 38E-2.003, 40160BB-6.003, 402Amended 11-1-12, 12-6-16.
