Since the implementation of the rule in March, the Department has determined that changes to the rule would make the process for requests for Reemployment Benefit Records more efficient by making the rule clearer to prevent delay in the production ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NO.:RULE TITLE:

73B-11.030Benefit Records Unit Records Request

PURPOSE AND EFFECT: Since the implementation of the rule in March, the Department has determined that changes to the rule would make the process for requests for Reemployment Benefit Records more efficient by making the rule clearer to prevent delay in the production of records. Therefore, the rule change will streamline the process for the submission of and the response to requests for confidential Reemployment Assistance Benefit Records. Additionally, the rule change will assist the public understanding of the process and statutory requirements involved in making a request for confidential Reemployment Assistance Benefit Records and permit the Department to improve the administration of the Reemployment Assistance program.

SUMMARY: The rule change will assist the public understanding of the process and the statutory requirements involved in making a request for Reemployment Benefit Records, and enhances the Department’s efficiency in processing such requests.

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-11.030, 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: 443.1317(1)(b), FS

LAW IMPLEMENTED: 443.1715(1), (2)(b)1, 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-11.030 Benefit Records Unit Records Request.

(1) Any request for records made pursuant to section 443.1715, F.S., by a claimant, or an employer, employer’s workers’ compensation carrier, or a representative of either, shall be submitted to the Department using the Certified Authorization for Release of Records Form, Form DEO CARR-1, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-05181; effective date: _________ May, 2015, which is hereby adopted and incorporated by reference.

(2) through (6) No change.

Rulemaking Authority: 443.1317(1)(b), 443.1715 FS. Law Implemented: 443.1715(1), (2)(b)1. FS. History–New 5-26-15; amended                       .

 

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: October 26, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 13, 2015