The new rules set forth in this Notice of Proposed Rule establish the Agency for Workforce Innovation’s procedures for numbering, listing, managing and preserving its final orders. The Agency’s website will provide free and timely access to the ...

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

Rule No.: RULE TITLE
60BB-11.001: Authority
60BB-11.002: Public Inspection and Copying
60BB-11.003: Listing of Final Orders
60BB-11.004: Numbering of Final Orders
60BB-11.005: Electronic Database of Orders
60BB-11.006: Maintenance of Final Orders
PURPOSE AND EFFECT: The new rules set forth in this Notice of Proposed Rule establish the Agency for Workforce Innovation’s procedures for numbering, listing, managing and preserving its final orders. The Agency’s website will provide free and timely access to the Agency’s orders.
SUMMARY: The new rules establish the Agency’s procedures for numbering, listing, and maintaining final orders, and describe how these documents can be inspected and copied by the public, either online or at the offices of the Agency.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 120.533 FS.
LAW IMPLEMENTED: 119.021(3), 120.53(1), 120.53(2), 120.53(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 21, 2011, 9:00 a.m.
PLACE: Agency for Workforce Innovation, 107 East Madison Street, Tallahassee, Florida 32399-4128; Conference Room 132; Additionally, the following teleconference number is available: Dial-in-Number: [phone] Conference Code: 2457151#
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen Bishop, Assistant General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399-4128, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

60BB-11.001 Authority.

(1) These rules regarding the numbering, management and availability of final orders are adopted pursuant to Section 120.533, F.S., and Chapter 1S-6, F.A.C., and have been approved by the Department of State pursuant to Section 120.53(1)(c), F.S.

(2) The purpose of this part is to provide public access to final orders by providing for the availability or listing of final orders.

Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.533 FS. History–New_________.

 

60BB-11.002 Public Inspection and Copying.

(1) The agency shall make the following available for public inspection and copying, at no more than cost:

(a) All final orders.

(b) A list of all final orders which are not indexed, which must be listed pursuant to Rule 1S-6.001, F.A.C.

(2)(a) The Agency Clerk in the Office of General Counsel shall assist the public in obtaining information pertaining to final orders, except for final orders issued pursuant to Chapters 60BB-2 and 60BB-3, F.A.C. The Office of the Agency Clerk is located at the Agency for Workforce Innovation, Caldwell Building, 107 E. Madison Street, MSC 110, Tallahassee, Florida 32399, Phone Number [phone].

(b) The Office of Appeals for the Unemployment Compensation Program shall assist the public in obtaining information regarding final orders issued pursuant to Chapters 60BB-2 and 60BB-3, F.A.C. The Office of Appeals is located at the Agency for Workforce Innovation, Caldwell Building, 107 E. Madison Street, MSC 347, Tallahassee, Florida 32399, Phone Number [phone].

(c) The Office of the Agency Clerk and the Office of Appeals are open to the public between the hours of 8:00 a.m. and 5:00 p.m., excluding state holidays and weekends.

(3)(a) Except for final orders issued pursuant to Chapters 60BB-2 and 60BB-3, F.A.C., final orders that are listed, but not indexed and published, and the list of such final orders, are maintained at the Office of the Agency Clerk.

(b) The Office of Appeals will render, file, and certify final orders relating to unemployment compensation tax liability. Final orders relating to unemployment compensation benefits that are listed, but not indexed and published, and the list of those final orders are maintained at the Office of Appeals for the Unemployment Compensation Program.

(4) Certified copies of final orders pertaining to unemployment compensation tax liability may be obtained from the Office of Appeals at the address provided in paragraph (2)(b). Certified copies of other final orders may be obtained from the Agency Clerk in the Office of General Counsel. The Agency will charge fees as provided in Section 119.07(4), F.S., for certified copies of final orders.

Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1)(a)-(h) FS. History–New_________.

 

60BB-11.003 Listing of Final Orders.

(1) The Agency shall maintain a list of stipulations, agreed settlements, and other final orders lacking precedential value, which are unrelated to the Unemployment Compensation Program, that have been excluded from the indexing requirement. The list shall contain the names of the parties to the proceeding and the number assigned to the final order.

(2) The Office of Appeals for the Unemployment Compensation Program shall maintain a list of final orders pertaining to unemployment compensation benefits which are excluded from the indexing requirements. The list shall contain the names of the parties to the proceeding and the docket number assigned by the Unemployment Compensation Program.

Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(2) FS. History–New_________.

 

60BB-11.004 Numbering of Final Orders.

(1) Except as provided in subsection (5), below, all final orders that are required to be indexed or listed shall be sequentially numbered at the time of rendition.

(2) The sequential number shall be a two-part number separated by a dash with the first part indicating the year and the second part indicating the numerical sequence of the order as rendered for that year, beginning with number 1 each new calendar year. The assigned agency designation prefix, AWI, shall precede the two-part number.

(3) The applicable order category shall be added as a suffix succeeding the agency designation prefix and two-part number. The order categories are as follows:

DS – Declaratory Statement

EO – Emergency Order

FOI – Final Order/Informal Proceedings

FOF – Final Order/Formal Proceedings

S – Stipulation or Agreed Settlement

(4) Following the order category, the order number may include a code identifying the subject of the order. As appropriate, the following codes shall be used:

BID               Bid Protests

TANF          Temporary Assistance for Needy Families

UC                Unemployment Compensation

WIA             Workforce Investment Act

(5) The following categories of final orders shall be listed according to the docket number assigned by the Unemployment Compensation Program:

(a) Any decision of an appeals referee that becomes a final order pursuant to Section 443.151(4)(c), F.S. because the adversely affected party does not timely request review by the Unemployment Appeals Commission.

(b) Any final order issued in a proceeding heard by a special deputy pursuant to Section 443.141(2)(b), F.S.

Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1)(h) FS. History–New_________.

 

60BB-11.005 Electronic Database of Orders.

(1) The electronic database for Unemployment Compensation Special Deputy Appeals shall be available on the Agency’s Web site located at http://www.floridajobs.org/finalorders/. The database shall include the ability to electronically search orders by docket number and by key words, including specific words, terms, and phrases that are contained within the text of the final orders, or by descriptive information about the order that may not be specifically contained in the order.

(2) The electronic database for all other Agency final orders shall be available on the Agency’s Web site located at www.floridajobs.org/Legal. The database shall include the ability to electronically search orders by docket number and by key words, including specific words, terms, and phrases that are contained within the text of the final orders, or by descriptive information about the order that may not be specifically contained in the order.

(3) Final orders shall be added to the appropriate Agency Web site within 2 business days of the issuance of the document by the Office of the Unemployment Compensation Program or by the Agency head.

Rulemaking Authority 120.53(1)(f) FS. Law Implemented 120.53(1)(a) FS. History–New_________.

 

60BB-11.006 Maintenance of Final Orders.

Final orders that must be indexed or listed pursuant to this Chapter shall be maintained by the agency pursuant to the retention schedule(s) approved by the Department of State, Division of Library and Information Services.

Rulemaking Authority 120.533 FS. Law Implemented 119.021(3) FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen Bishop, Assistant General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399-4128, [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cynthia R. Lorenzo, Director, Agency for Workforce Innovation, 107 East Madison Street, Tallahassee, Florida 32399-4128
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 14, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 24, 2010