Section 443.151(4)(b)5.c., Florida Statutes, as amended by Chapter 2011-235, Laws of Florida, requires hearsay evidence used as the basis for a finding of fact be provided to all parties in advance of the hearing providing party’s a reasonable time ...

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

RULE NO.: RULE TITLE:
60BB-5.014: Scheduling of Hearings
PURPOSE AND EFFECT: Section 443.151(4)(b)5.c., Florida Statutes, as amended by Chapter 2011-235, Laws of Florida, requires hearsay evidence used as the basis for a finding of fact be provided to all parties in advance of the hearing providing party’s a reasonable time to review the proffered evidence. Additionally, the public must be provided the ability to listen in to the appeal hearings and review applicable documents upon request.
SUMMARY: The rule is amended to require a party wishing to offer hearsay evidence at a hearing pursuant to the provisions of Section 443.151(4)(b)5.c., Florida Statutes, to deliver the evidence to the parties at least 24 hours prior to the scheduled hearing time. The rule amendment provides that when a hearing follows a weekend or holiday the 24 hour period does not include the weekend or holiday. The rule then provides that a party may waive the 24-hour period for review at the hearing and upon waiver the hearing officer may proceed to consider the evidence. The rule is also amended to direct a member of the public who wishes to listen to a telephone hearing to exercise that right by contacting the Office of Appeals in Tallahassee or the appeals office where the case is assigned.
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 nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
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) FS.
LAW IMPLEMENTED: 443.151(4) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dorothy Johnson, Deputy General Counsel, Office of the Unemployment Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

60BB-5.014 Scheduling of Hearings.

(1) through (2) No change.

(3) If any party wishes to submit evidence to be considered, pursuant to Section 443.151(4)(b)5.c., F.S., as the basis for a finding of fact, notwithstanding Section 120.57(1)(c), F.S., the party must arrange for delivery of the evidence to all parties and the appeals referee at least 24 hours prior to the scheduled hearing time. If the hearing is scheduled for a Monday or a day following a holiday, the Saturday and Sunday or the holiday will be excluded from the calculation of the 24 hour period. The 24 hour period will provide the party against whom the evidence is offered a reasonable opportunity to review such evidence prior to the hearing.

(4) Waiver. If the party submitting evidence to be considered, pursuant to Section 443.151(4)(b)5.c., F.S., fails to provide the evidence to all parties and the appeals referee at least 24 hours prior to the scheduled hearing time, and all parties to whom the evidence was improperly provided appear at the hearing, the referee shall inquire whether such parties are willing to waive their rights set forth in subsection (3). If the appeals referee obtains informed and intelligent consent from all parties to whom the evidence was not properly provided, the referee may proceed to consider the evidence.

(5)(3) Any member of the public wishing to listen to attend a telephone hearing and inspect documents may do so by contacting the Office of Appeals at MSC 347, 107 E. Madison Street, Tallahassee, Florida 32399-4143 or the appeals office to which the case is assigned at the location of the appeals referee.

Rulemaking Specific Authority 443.012(11) FS. Law Implemented 443.151(4)(b), (d) FS. History–New 5-22-80, Formerly 38E-5.14, Amended 10-5-86, 3-11-99, Formerly 38E-5.014, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dorothy Johnson, Deputy General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alan Orantes Forst, Chairman
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 10, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 21, 2011