Clarifies the process for Requests for Assignment of Case Numbers

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Administrative Hearings

RULE NO.:RULE TITLE:

60Q-6.105Commencing a Case; Subsequent Petitions

PURPOSE AND EFFECT: Clarifies the process for Requests for Assignment of Case Numbers

SUMMARY: Removes the old manual process for RACN assignment.

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 been prepared by the Agency.

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: 440.45(1)(a), (4) FS.

LAW IMPLEMENTED: 440.192, 440.45(1)(a), (4) FS.

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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:

 

THE FULL TEXT OF THE PROPOSED RULE IS:

60Q-6.105 COMMENCING A CASE; SUBSEQUENT PETITIONS Commencing a Case; Subsequent Petitions.

(1) An employee or claimant seeking an award of benefits commences a new case by filing a petition for benefits pursuant to sSection 440.192, F.S., when there is not an existing case pertaining to the same employee and date of accident.

(2) When the employee and date of accident are the same as in an existing case, any subsequent petition for benefits or claim relating to that employee and date of accident shall be filed in the existing case.

(3) For any claim or dispute within the jurisdiction of the OJCC but not subject to a petition for benefits, the claimant or moving party shall file with the clerk of the OJCC a request for assignment of case number.

(4) An employee or claimant who asserts he or she cannot provide a social security number or who asserts a legal basis for refusing to provide one shall file a verified motion for assignment of substitute identification number along with the initial petition or request for assignment of case number.

(4) (5) A claim for reimbursement from the Special Disability Trust Fund shall be made under the administrative rules promulgated by the division.

(5) (6) Where a party is represented, a petition for benefits shall be served on counsel for the party in addition to any service otherwise required by this rule.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 11-10-14. [Date].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: David Langham

[e-mail] 8505956310

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Peter Antonacci

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 01, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/14/2021