The purpose of the rule revisions is to clarify existing appeal procedures and incorporate new appeal procedures with the effect of optimizing practicality and efficiency in the appeal process.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NOS.:RULE TITLES:

73B-20.003Form of Appeal

73B-20.004Place for Filing an Appeal or Request to Reopen

73B-20.005Time for Filing Appeal

73B-20.022Withdrawal

73B-20.0221Dismissal

73B-20.025Decision

PURPOSE AND EFFECT: The purpose of the rule revisions is to clarify existing appeal procedures and incorporate new appeal procedures with the effect of optimizing practicality and efficiency in the appeal process.

SUBJECT AREA TO BE ADDRESSED: The proposed rule revisions address existing appeal procedures by clarifying: the form of an appeal, the filing date for appeals transmitted by facsimile, the process when an appeal of an initial determination or request to reopen is filed with the Reemployment Assistance Appeals Commission, and the means by which a referee’s decision shall be distributed to the parties and by deleting or modifying outdated rule language. The proposed rule revisions address new appeal procedures by providing additional dismissal procedures, replacing the email method of filing an appeal or requests with a new online method, permitting a written summary affirmance where the appellant has not expressed disagreement with the appealed determination, and prescribing the referee’s duty in the event both parties are found equally credible or not credible.

RULEMAKING AUTHORITY: 443.012(11) FS

LAW IMPLEMENTED: 443.151(3)(b)-(c); 443.151(4)(a)-(b)2., (d) FS

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Katie Sabo, Executive Senior Attorney, Reemployment Assistance Appeals Commission, 1211 Governors Square Blvd., Ste. 300, Tallahassee, FL 32301, [phone], [e-mail].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.