73B-20.003: Form of Appeal
PURPOSE AND EFFECT: The Commission is proposing to amend the rule to incorporate form DEO-A100 in three languages by reference; to direct the public to the Departments website to obtain the form; to remove language that conflicts with other proposed amendments to Department rules; and to add the employer tax account number to requested information to be included in the notice of appeal.
SUMMARY: The proposed changes provide notice to the public regarding what information must be provided to file an appeal, directs the public to where the form may be found on the agency website in English, Spanish and Creole.
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)(d) 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, (850)487-2685
THE FULL TEXT OF THE PROPOSED RULE IS:
73B-20.003 Form of Appeal.
(1) No change.
(2) Any person entitled to file an appeal may obtain an a printed appeal form (DEO-A100(E) AWI-A100 (English), Notice of Appeal),(Rev. 05/12 4/01); DEO-A100(S) (Spanish), Aviso de Apelación español (Rev. 05/12); DEO-A100(C) (Creole), Objeksyon pou Dedomajman Travay kreyòl (Rev. 05/12)), incorporated herein by reference, available at the Departments website, http://www.floridajobs.org/RAforms at any of the locations listed in subsections 73B-20.004(1), (2), and (3), F.A.C., and at any location providing unemployment claim information. Use of the form is not mandatory; however, whatever instrument is used, it should shall include the following information:
(a) No change.
(b) The name and tax account number of each employer, if any, involved;
(c) No change.
(d) A concise brief statement of the reasons for disagreement with the determination.
(3) Failure to include all of the information listed in subsection (2) will not constitute cause for rejection of the appeal, but may result in unnecessary delay in processing the appeal and scheduling it for hearing.
Rulemaking Specific Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. HistoryNew 5-22-80, Formerly 38E-5.03, Amended 8-20-86, 8-7-01, Formerly 38E-5.003, 60BB-5.003, Amended________.
