The purpose of the rule is to prescribe the process for employers to respond to claim notices and other request for information from the Department of Economic Opportunity (Department) regarding reemployment assistance (RA) benefit claims. This ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NO.:RULE TITLE:

73B-11.0151Employer Responses to Claim Notices and Requests for Information

PURPOSE AND EFFECT: The purpose of the rule is to prescribe the process for employers to respond to claim notices and other request for information from the Department of Economic Opportunity (Department) regarding reemployment assistance (RA) benefit claims. This rulemaking will streamline the process for employers to provide information to the Department that is relevant to a RA benefit claim filed by a claimant. Additionally, the rulemaking will assist the public understanding of the process for responding to RA benefit claims and permit the Department to improve the administration of the Reemployment Assistance program.

SUMMARY: The rulemaking will prescribe the process for employers to respond to RA claim notices and request for information from the Department.

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 agency has performed a review of the statutory requirements and has determined that its proposed Rule 73B-11.0151, F.A.C. has no adverse impact or regulatory costs which exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The rule is therefore expected be able to take effect without the need of being ratified by the Legislature.

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: 443.151(3)(a), (3)(b), (3)(c); 443.1317(1)(b) FS.

LAW IMPLEMENTED: 443.151(3); 443.1113(2)(a), (2)(b) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Golen, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73B-11.0151 Employer Responses to Claim Notices and Requests for Information.

(1) Notice to Employers.

(a) Monetary Determinations. The Department will provide notice of any monetary determination to each claimant’s most recent employing unit and each employer in the claimant’s base period of each claim for benefits filed, pursuant to Section 443.151(3)(a), F.S., and Rule 73B-11.016, F.A.C. Unless exempted, employer responses must be submitted using Florida’s Online Reemployment Assistance System at www.FloridaJobs.org.

(b)Nonmonetary Determinations. The Department will provide notice of any nonmonetary determination to each employing unit entitled to such notice pursuant to Section 443.151(3), F.S., and Rule 73B-11.017, F.A.C. Unless exempted, employer responses must be submitted using Florida’s Online Reemployment Assistance System at www.FloridaJobs.org.

(c) Requests for Information. When additional information is necessary from the employer regarding wage history, separation information, or employment history, the Department will notify the employer of this need. Unless exempted, employer responses must be submitted using Florida’s Online Reemployment Assistance System at www.FloridaJobs.org. If a timely response is not received, a determination may be based on other evidence, including but not limited to information provided by the claimant.

(2) Exemptions.

(a) When an employer needs special assistance or accommodation, a response may be filed by contacting the Department of Economic Opportunity Employer Contact Center toll-free at 1 [phone].

(b) For the purposes of this Rule, an employer needs special assistance or accommodation when such employer:

1. Is legally prohibited from using a computer;

2. Has an impairment which makes such employer unable to use a computer; or

3. Is unable to read or write effectively in a language in which the Online Reemployment Assistance System makes available.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.091, 443.101, 443.1113(2)(a), 443.151(2), (3) FS. History–New __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Golen, Office of General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jesse Panuccio

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 4, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 18, 2015