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.
SUMMARY: The rule is amended to require a referee to set forth 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.
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 text of the 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) 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-5.025 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_________.

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