The Commission is proposing to amend the rule to specify the information requested by the Department's Internet Appeals website and to clarify where and by what method an appeal may be filed.

DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Workforce Services

RULE NO.: RULE TITLE:
73B-20.004: Place for Filing Appeal
PURPOSE AND EFFECT: The Commission is proposing to amend the rule to specify the information requested by the Department's Internet Appeals website and to clarify where and by what method an appeal may be filed.
SUMMARY: The amended rule will set out the specific information requested from claimants and employers using the Department internet appeals application and will clarify that an appeal may be filed by fax, courier service, in person, or by mail at the Office of Appeals or the Unemployment Appeals Commission in addition to online.
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) 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:

73B-20.004 Place for Filing an Appeal.

(1) Appeals may be filed on-line at the Department of Economic Opportunity website at https://www.floridajobs.org/IAP, Internet Appeals Program (English)(2012) or by clicking on the Bienvenidos al Proceso de Apelaciones por Internet (Spanish) (2012), or by clicking on the Klike la a to view sit entenet sa a an kreyol (Creole) (2012), or at one of the following locations:

(a)(1) Any of the unemployment claim adjudication offices operated by the Department of Economic Opportunity;

(2) By facsimile number, courier service, in person, or mail to tThe central Office of Appeals (Caldwell Building MSC 347, 107 East Madison Street, Tallahassee, FL 32399-4143, facsimile number [phone]), or

(b) By facsimile number, courier service, in person, or mail to the Reemployment Assistance Appeals Commission district appeals referee offices maintained by the Office of Appeals;

(3) The Unemployment Appeals Commission; and

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

(2) The Internet Appeals Program provides claimants, employers and their representatives the opportunity to file appeals of department determinations related to reemployment assistance, to request reopening of an appeal when the party failed to appear, to change addresses and telephone numbers for the appeal process, and to provide additional telephone numbers for the hearing. Parties may also provide information on representatives for the appeal process and witnesses to be contacted for the appeal hearing.

(a) To access the Internet Appeals Program the claimant will be asked to provide the following information:

1. Name of the person entering the appeal;

2. Organization or company name for the person entering the appeal;

3. Title of the person entering the appeal;

4. Telephone number for the person entering the appeal;

5. E-mail address for the person entering the appeal;

6. Location of the person entering the appeal;

7. Claimant name;

8. Claimant social security number; and,

9. Claimant reemployment assistance pin number.

(b) To access the Internet Appeals Program the employer will be asked to provide the following information:

1. Name of the person entering the appeal;

2. Organization or company name for the person entering the appeal;

3. Title of the person entering the appeal;

4. Telephone number of the person entering the appeal;

5. E-mail address for the person entering the appeal;

6. Location of the person entering the appeal;

7. Employer name;

8. Employer address;

9. Employer telephone number;

10. Employer e-mail address;

11. Name of the person representing the employer for the appeal;

12. Telephone number of the employer representative and, if different, the telephone number to contact the employer representative for the hearing;

13. Employer reemployment assistance tax number; and,

14. Employer reemployment assistance tax pin number used to file taxes if the employer wants information about a filed appeal or wants to provide witnesses for an appeal through the on-line system. The pin number is not needed to file an appeal.

(c) Once the Internet Appeals Program has been accessed the party will be asked to provide specific information to file an appeal.

1. To appeal a determination included in the determination list:

a. Select the determination to be appealed or enter the date of the determination to be appealed;

b. List the reason for the appeal;

c. Provide the job site where the claimant worked if different from the employer address on the determination;

d Provide the job site address; and,

e. Job site telephone number.

2. To appeal a wage credit determination the claimant must provide:

a. Determination date;

b. Employer name and address if it is not shown on the wage transcript;

c. Dates of employment not shown on the wage transcript, if any;

d. Pay rate; and,

e. Statement as to whether the claimant has proof of earnings.

(d) To add a representative for either the claimant or employer the party will be asked to provide:

1. Name of representative;

2. Title of representative;

3. Company or firm, if any;

4. Street address;

5. Telephone number;

6. Fax number; and

7. Whether representing claimant or employer.

(e) To request a rehearing when a party failed to attend a hearing the party will be asked to provide:

1. Name of the party requesting reopening;

2. Company name if the requestor is a representative or employer;

3. Title, if applicable;

4. Telephone number;

5. E-mail address;

6. Location from which filing the appeal;

7. Name of the claimant;

8. Social security number;

9. Employer name;

10. Employer number;

11. Docket number;

12. Job site address, if any; and,

13. Reason for not attending hearing.

(f) To provide contact information for witnesses a party plans to call during a hearing the party will be asked to provide;

1. Name of the party requesting the witness;

2. Docket number of the appeal;

3. Witness name; and,

4. Witness telephone number.

Rulemaking Specific Authority 443.012(11) FS. Law Implemented 443.151(4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.04, Amended 8-20-86, 8-7-01, Formerly 38E-5.004, 60BB-5.004, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dorothy Johnson, Deputy General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Unemployment Appeals Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 23, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 11, 2012