To require that an appeals referee state in the Decision of the Appeals Referee the rationale by which hearsay evidence on which a finding of fact is based was determined to be admissible pursuant to Section 443.151(4)(b)5.c.(I) and (II), Florida ...

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

RULE NO.: RULE TITLE:
60BB-5.025: Decision
PURPOSE AND EFFECT: To require that an appeals referee state in the Decision of the Appeals Referee the rationale by which hearsay evidence on which a finding of fact is based was determined to be admissible pursuant to Section 443.151(4)(b)5.c.(I) and (II), Florida Statutes.
SUBJECT AREA TO BE ADDRESSED: Decision of the Unemployment Appeals Referee.
RULEMAKING AUTHORITY: 443.012(11) FS.
LAW IMPLEMENTED: 443.151(4) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Dorothy Johnson, Deputy General Counsel, Office of the Unemployment Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

60BB-5.025 Decision.

(1) through (2) No change.

(3) The decision shall include, but not be limited to, the following:

(a) A statement of the referee’s jurisdiction;

(d) An analysis of the findings including a concise and explicit statement of the underlying evidence in the record which supports the findings.

1. Where a finding is based solely on hearsay, notwithstanding Section 120.57(1)(c), F.S., as provided in Section 443.151(4)(b)5.c., F.S., the appeals referee shall set forth the rationale by which the evidence was determined to be admissible in accordance with Section 443.151(4)(b)5.c.(I) and (II), F.S.

2. If confronted with conflicting evidence with respect to a disputed issue of fact, the finding of which is determinative of the outcome of the appeal, the appeals referee shall acknowledge such conflict and set forth the rationale by which the conflict was resolved.

Rulemaking Specific Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.25, Amended 8-20-86, Formerly 38E-5.025, Amended________.