The purpose and effect of the proposed rule amendments are to simplify and consolidate the Agency's rules.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NOS.:RULE TITLS:

73B-20.005Time for Filing Appeal

73B-20.008Appearances

73B-20.012Disqualification of Appeals Referee

73B-20.019Subpoenas

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments are to simplify and consolidate the Agency's rules.

SUMMARY: The proposed rule amendments consolidate related rules regarding hearings before appeals referee, including the time limit for filing an appeal; representatives; disqualification and substitution of appeals referees; and subpoenas.

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 proposed rules to be amended are procedural rules and the consolidation of these rules will have no economic impact. Therefore, the proposed amendments will not require ratification. There are no applicable federal standards that relate to these rules.

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(3)(a), (4)(a), (4)(b)1., (4)(d), (7), 443.041(2), 443.171(6), (7) 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: Anne Marie Frazee, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73B-20.005 Time for Filing Appeal.

(1) through (3) No change.

(4) In computing any period of time prescribed or allowed by these rules, the date of the issuance of a determination, redetermination, order, decision or notice shall not be counted. The last day of the period shall be counted unless it is a Saturday, Sunday or holiday; in which event, the period shall run until the end of the next day that is not a Saturday, Sunday or holiday.  For the purpose of this section, “holiday” means:

(a) Those dates so designated by Section 110.117, F.S.;

(b) Any other day on which the offices of the Department of Economic Opportunity are closed; and,

(c) Any other day on which the United States Postal Service is closed.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(3)(a), (4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.05, Amended 8-20-86, 3-1-98, 8-7-01, Formerly 38E-5.005, 60BB-5.005, Amended 11-19-12, _______________.

 

73B-20.008 Appearances Representatives.

(1) Any person compelled to appear, or who appears voluntarily, at any proceeding before an appeals referee may, at his or her own expense, be accompanied, represented or advised by an attorney or authorized representative.

(2) Any attorney or authorized representative who represents a claimant in any proceeding governed by these rules shall disclose orally on the record, or by post hearing motion, the amount, if any, the claimant has agreed to pay for his or her services. The attorney or representative shall also disclose the hourly rate charged or other method used to compute the proposed fee and the nature and extent of the services rendered.

(3) The appeals referee shall approve, reduce or deny the proposed fee by written order which may be included in the decision upon the merits of the appeal.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.041(2), 443.151(4)(d), (7) FS. History–New 5-22-80, Formerly 38E-5.08, 38E-5.008, 60BB-5.008, Amended ______________.

 

73B-20.012 Disqualification and Substitution of Appeals Referee.

(1) through (2) No change.

(3) If, because of disqualification or any other reason, the appeals referee cannot complete disposition of an appeal, the case shall be assigned to a substitute referee. The substitute referee shall use any existing record and shall receive any additional evidence necessary to complete the proceedings.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (d) FS. History–New 5-22-80, Formerly 38E-5.12, 38E-5.012, 60BB-20.012, Amended _____________.

 

73B-20.019 Subpoenas.

(1) through (3) No change. 

(4) Any public employee subpoenaed to appear before an appeals referee who is required to travel beyond the immediate vicinity of his or her headquarters shall be entitled to reimbursement for per diem and travel expenses at the rate provided in Section 112.061, F.S. The voucher for reimbursement shall be processed in accordance with state law.

(5) All other witnesses, except parties, who are subpoenaed to appear before an appeals referee shall be entitled to a witness fee and mileage allowance as provided in civil actions in the circuit courts of this state.

(6) Fees for witnesses subpoenaed on behalf of the Department of Economic Opportunity or any claimant for benefits shall be paid from the Employment Security Administration Trust Fund upon submission by the appeals referee of a voucher for reimbursement.

(7) Fees for witnesses subpoenaed on behalf of all other parties shall accompany the subpoena.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.041(2)(a), 443.151(4)(d), 443.171(6), (7) FS. History–New 5-22-80, Formerly 38E-5.19, Amended 8-20-86, Formerly 38E-5.019, 60BB-5.019, Amended ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Anne Marie Frazee, Executive Senior Attorney

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Reemployment Assistance Appeals Commission (Frank E. Brown, Chairman; Thomas D. Epsky, Member; Joseph D. Finnegan, Member)

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 11, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 13, 2016