The purpose and effect of the rule amendment is to simplify and consolidate the Agency's rules.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NO.:RULE TITLE:

73B-21.003Filing an Appeal

PURPOSE AND EFFECT: The purpose and effect of the rule amendment is to simplify and consolidate the Agency's rules.

SUMMARY: The proposed rule amendment consolidates existing related rules regarding filing an appeal of an adverse referee decision to the Commission.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule to be amended is a procedural rule and the consolidation of this rule with a previously existing procedural rule will have no economic impact. Therefore, the proposed amendment will not require ratification. There are no applicable federal standards that relate to this rule.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 443.012(11), 443.151(4)(b) FS.

LAW IMPLEMENTED: 443.151(4)(b),(c),(d) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anne Marie Frazee, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73B-21.003 Filing an Appeal.

(1) through (3) No change.

(4) In 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:

(a) Those dates so designated by the Section 110.117, F.S.;

(b) Any other day on which the Office of the Clerk of the Commission is closed; and,

(c) Any other day on which the United States Postal Service is closed.

(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.

Rulemaking Authority 443.012(11), 443.151(4)(b), (d) FS. Law Implemented 443.151(4)(b), (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, 60BB-6.003, Amended 11-1-12,_______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Anne Marie Frazee, Executive Senior Attorney

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Reemployment Assistance Appeals Commission (Frank E. Brown, Chairman; Thomas D. Epsky, Member; Joseph D. Finnegan, Member)

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 11, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 13, 2016