The Department is proposing to amend the rule to incorporate by reference the on-line appeal form and the appeal form; to remove duplicative provisions; to include all methods of delivery of appeals; to clarify where an appeal can be filed; and to ...

DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Workforce Services

RULE NO.: RULE TITLE:
73B-21.002: Form of Appeal
PURPOSE AND EFFECT: The Department is proposing to amend the rule to incorporate by reference the on-line appeal form and the appeal form; to remove duplicative provisions; to include all methods of delivery of appeals; to clarify where an appeal can be filed; and to include language requesting the reasons for the appeal.
SUBJECT AREA TO BE ADDRESSED: Commission Appeal Procedures.
RULEMAKING AUTHORITY: 443.012(11) FS.
LAW IMPLEMENTED: 443.151(4)(d) 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:

73B-21.002 Form of Appeal.

(1) An appeal of an appeals referee’s decision may be filed on-line at the Department of Economic Opportunity website at https://www.uac.fl.gov/Appeal.aspx, Florida Reemployment Assistance Appeals Commission, Review Request (2011) and incorporated herein by reference or at any of the following locations:

(a) By fax, courier service, in-person or mail to tThe Reemployment Assistance Unemployment Appeals Commission (Suite 101, Rhyne Building, 2740 Centerview Drive, Tallahassee, FL 32399-4151); fax [phone]; or

(b) By fax, courier service, in-person or mail to tThe central or district appeals referee offices maintained by the Department of Economic Opportunity Office of Appeals (Caldwell Building, MSC 347, 107 East Madison Street, Tallahassee, FL 32399-4143, facsimile number [phone];

(c) Any of the unemployment claim adjudication offices operated by the Department of Economic Opportunity; and

(d) Any unemployment compensation claims office located outside the State of Florida.

(2) An appeal shall be in writing and should contain the following:

(b) The name, tax account number, and mailing address of the employer or employers involved;

(c) The referee decision docket number of the case being appealed.

(3) The following shall constitute acceptable methods of appeal:

(a) No change.

(b) Any person entitled to file an appeal may obtain an a printed appeal form (DEO-A100 UAC(E) AWI-A100, Request for Reemployment Assistance Appeals Commission Review Notice of Appeal), (Rev. 07/12 4/01); DEO-A100 UAC(S) (Spanish), Solicitud Revision De La Comision De Apelaciones Por Pesempleo (Rev. 07/12); DEO-A100 UAC(C) (Creole), Demann Pou Komisyon Dapel Pou Alokasyon Chomaj Fe Yon Revizyon (Rev 07/12)), incorporated herein by reference, at the Department’s website at http://www.floridajobs.org/office-directory/division-of-workforce-services/unemployment-programs/unemployment-compensation-forms-directory any of the locations listed in subsections 73B-21.004(1), (2) and (3), F.A.C., and at any location providing unemployment claim information. Use of the form is not mandatory; however, whatever if a letter or other instrument is used, it should include the following information required in subsection (2) and:

1. The name and social security account number of each claimant, if any, involved;

2. The name of each employer, if any, involved;

3. The date, subject matter, and docket number of the decision; and

4. aA concise brief statement of any and all allegations of error with respect to the referee’s decision, and factual and legal support for these challenges. Allegations of error not specifically set forth in the request for review may be considered waived the reasons for disagreement with the decision.

(c) Failure to include all of the information listed in paragraphs paragraph (2)(b) and (3)(b) will not constitute cause for rejection of the appeal, but may result in a delay in processing the appeal.

(4) No change.

Rulemaking Specific Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 60BB-6.02, Amended 8-20-86, 8-7-01, Formerly 38E-2.002, 60BB-6.002, Amended________.