The Commission 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 Commission 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.

SUMMARY: The rule is amended to include the forms for filing appeals with the Unemployment Appeals Commission. This includes DEO-A100RAAC in three languages and the form in the Commission’s on-line internet appeal filing application. The rule is also amended to specify that in addition to the on-line appeals process an appeal may be filed at the Commission or the Department’s Office of Appeals by fax, courier service, in-person or by mail. The rule is also amended to specify what information is requested when an appeal is filed.

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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE 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.floridajobs.org/RAACIAP, Florida Reemployment Assistance Appeals Commission, Review Request (2012), incorporated herein by reference, or at any of the following locations:

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

(b) By facsimile number, 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:

(a) No change.

(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-A100RAAC(E) (English) AWI-A100, Request for Reemployment Assistance Appeals Commission Review Notice of Appeal), (Rev. 04/12 4/01); DEO-A100RAAC(S) (Spanish), Solicitud Revision De La Comision De Apelaciones Por Pesempleo (Rev. 04/12); DEO-A100RAAC(C) (Creole), Demann Pou Komisyon Dapel Pou Alokasyon Chomaj Fe Yon Revizyon (Rev 04/12)), incorporated herein by reference, at the Department’s website at http://www.floridajobs.org/RAforms 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________.

 

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