The Department is proposing to amend the rule to clarify that appeals may only be filed by person's adversely impacted by the decision of the appeals referee; that decisions may be made availabe by mail, by delivery through a Department-approved ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Workforce Services

RULE NO.: RULE TITLE:
73B-21.003: Filing an Appeal

PURPOSE AND EFFECT: The Department is proposing to amend the rule to clarify that appeals may only be filed by person’s adversely impacted by the decision of the appeals referee; that decisions may be made available by mail, by delivery through a Department-approved electronic system or by other delivery to a party and the date of delivery starts the appeal period. The rule is amended to address how an appeal may be filed with the Commission and to clarify how the date of receipt of an appeal will be determined by the Commission for each method of filing.

SUBJECT AREA TO BE ADDRESSED: Filing an Appeal.

RULEMAKING AUTHORITY: 443.012(11) F.S., 443.151(4)(d) 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 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-21.003 Filing an Appeal.

(1) Any person who is entitled by law to notice of an appeals referee’s decision and is adversely impacted by that decision may file an appeal of that decision within 20 calendar days after the mailing of notice of the appeals referee’s decision is mailed to the parties at their last known addresses or made available electronically through a Department-approved electronic account, or, in the absence of mailing or electronic delivery, the date of other delivery to the appellant, if not mailed, within 20 calendar days after the date of delivery of such notice.

(2) The appeal shall be filed by mail to any appeal location designated in subsection 73B-21.002(1), F.A.C.; by facsimile transmission of the appeal document to any appeal location designated in paragraphs 73B-21.002(1)(a), (b), and (c), F.A.C.; or by hand delivery of the appeal document to any appeal location designated in paragraphs 73B-21.002(1)(a), (b), and (d), F.A.C.

(2)(3) Appeals filed by mail are shall be considered to have been filed when postmarked by the United States Postal Service. Appeals filed by hand delivery, courier service, or facsimile are shall be considered to have been filed when date stamped received at the authorized location. Appeals filed through the Department web site as provided in Rule 73B-21.002, F.A.C., shall be considered to have been filed on the date the confirmation number is issued.

(3)(4) Upon receipt of Aan appeal delivered in person or by facsimile transmission will be date stamped by a, the Commission or, Department of Economic Opportunity, or Office of Appeals employee on the date hand delivered or the date placed on the document by the Department or Commission fax system shall record the date of receipt on the appeal document. The Internet filing system shall post on the appeal the date the confirmation number is issued and the appeal was successfully received by the system.

Rulemaking Specific Authority 443.012(11), 443.151(4)(b), (d) FS. Law Implemented 443.151(4)(b), (d) FS. History–New 5-22-80, Formerly 38E-2.03, Amended 8-20-86, 1-5-93, 8-7-01, Formerly 38E-2.003, 60BB-6.003, Amended_________.