The purpose and effect of the rule amendment is to simplify and consolidate the Agency's rules.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NO.:RULE TITLE:

73B-22.009Record on Appeal to the Court

PURPOSE AND EFFECT: The purpose and effect of the rule amendment is to simplify and consolidate the Agency's rules.

SUMMARY: The proposed rule amendment consolidates this rule with an existing related rule regarding the Commission's preparation of the record on appeal to court.

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 rule amendment relates solely to procedural rules and the amendment of this rule will have no economic impact. Therefore, the proposed rule amendment will not require ratification. There are no applicable federal standards that apply to this rule.

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)(c)-(e) 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-22.009 Record on Appeal to the Court.

(1) through (4) No change.

(5) The Clerk shall ensure the record is securely bound in consecutively numbered volumes not to exceed 200 pages each. Each page of the record shall also be consecutively numbered. The cover sheet of each volume shall contain the words “State of Florida, Reemployment Assistance Appeals Commission” and the style and number of the case. The Clerk shall not verify the transcript of testimony which is incorporated into the record.

(6) The Clerk shall prepare a complete index to the record .

(7) The Clerk shall certify and transmit the record to the court and provide a copy thereof to each of the parties of record. If the parties stipulate or the Commission orders that the original record be retained, the Clerk shall prepare and transmit a certified copy.

(8) The record shall be corrected or supplemented only in accordance with the Florida Rules of Appellate Procedure.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c)-(e) FS. History–New 5-22-80, Formerly 38E-3.09, Amended 10-5-86, 1-5-93, Formerly 38E-3.009, 60BB-7.009, Amended 10-4-12, _____________.

 

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