The purpose and effect of the rule revisions are to conform to current business practices.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NOS.:RULE TITLES:

73B-20.004Filing an Appeal

73B-20.015Notice of Hearing

73B-20.016Continuances

73B-20.025Decision

PURPOSE AND EFFECT: The purpose and effect of the rule revisions are to conform to current business practices.

SUMMARY: Rule 73B-20.004, F.A.C.: Clarifies the process for filing a reemployment assistance appeal. Information needed to file an appeal is streamlined and less time consuming and reflects requirements of CONNECT computer system;

Rule 73B-20.015, F.A.C.: Includes electronic mail notification as a method for receiving hearing notices, reducing the costs of paper and postage, as well as expediting delivery time;

Rule 73B-20.016, F.A.C.: Includes electronic mail notification as a method for receiving continuance notices, reducing the costs of paper and postage, as well as expediting delivery time;

Rule 73B-20.025, F.A.C.: Includes electronic mail delivery of reemployment assistance appeals decisions, reducing the costs of paper and postage, as well as expediting delivery time.

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.

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) 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, Executive Senior Attorney, Reemployment Assistance Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73B-20.004 Filing an Appeal or Request to Reopen.

(1)(a) Appeals or requests to reopen may be submitted to the central Office of Appeals bBy facsimile (FAX), [phone]; courier service or, in person, Caldwell Building MSC 347, 107 East Madison Street, Tallahassee, FL 32399-4143;, or by mail, P.O. Box 5250, Tallahassee, FL 32399-5250 to the central Office of Appeals (Caldwell Building MSC 347, 107 East Madison Street, Tallahassee, FL 32399-4143, facsimile (FAX) number [phone]); or

(2)(b) Submitted to the Reemployment Assistance Appeals Commission bBy facsimile (FAX), [phone]; or courier service, in person, or by mail to the Reemployment Assistance Appeals Commission, (101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151, facsimile (FAX) number [phone]).; or

(3)(1) Appeals may be Ffiled on-line at the Department of Economic Opportunity website via the CONNECT system at http://www.floridajobs.org/job-seekers-community-services/reemployment-assistance-center/connect-general-information/connect-logins http://www.floridajobs.org/IAP, Internet Appeals Program (English) (2012), or by clicking on the Haga clic aqui para ver este sitio web en español (Spanish) (2012) or by clicking on the Klike la a to view sit entènèt sa a an kreyòl (Creole) (2012); or.

(2) The CONNECT system Internet Appeals Program provides claimants, employers and their representatives the opportunity to file appeals of department determinations related to reemployment assistance, to request reopening of an appeal when the party failed to appear, to change addresses and telephone numbers for the appeal process, and to provide additional telephone numbers for the hearing. Parties may also provide information on representatives for the appeal process and witnesses to be contacted for the appeal hearing.

(a) To access the CONNECT system, Internet Appeals Program the claimant will be asked to provide the following information:

1. Name of the person entering the appeal;

2. Organization or company name for the person entering the appeal;

3. Title of the person entering the appeal;

4. Telephone number for the person entering the appeal;

5. E-mail address for the person entering the appeal;

6. Location of the person entering the appeal;

7. Claimant name;

1. 8. Claimant social security number; and,

2. 9. Claimant reemployment assistance pin number.

(b) To access the CONNECT system, Internet Appeals Program the employer will be asked to provide the following information:

1. Employer User ID and Name of the person entering the appeal;

2. Employer password.Organization or company name for the person entering the appeal;

3. Title of the person entering the appeal;

4. Telephone number of the person entering the appeal;

5. E-mail address for the person entering the appeal;

6. Location of the person entering the appeal;

7. Employer name;

8. Employer address;

9. Employer telephone number;

10. Employer e-mail address;

11. Name of the person representing the employer for the appeal; and,

12. Telephone number of the employer representative and, if different, the telephone number to contact the employer representative for the hearing.;

13. Employer reemployment assistance tax number; and,

14. Employer reemployment assistance tax pin number used to file taxes if the employer wants information about a filed appeal or wants to provide witnesses for an appeal through the on-line system. The pin number is not needed to file an appeal.

(c) Once the CONNECT system Internet Appeals Program has been accessed, the claimant party will be asked to provide specific information to file an appeal, as follows:

1. To appeal a determination included in the determination list:

1. a. Select the determination to be appealed or enter the date of the determination to be appealed;

2. State why the appeal is untimely filed, if applicable;

3. b. Describe List the reason for the appeal;

4. Update address and telephone numbers if incorrect in the CONNECT system;

5. State whether the claimant will be represented by an attorney;

6. State whether the claimant will present witnesses at the hearing;

7. State whether the claimant will need the services of an interpreter and, if so, the language needed;

8. Provide a temporary mailing address for the appeal, if necessary;

9. Provide a telephone number for the hearing; and,

10. Upload files related to the appeal.

c. Provide the job site where the claimant worked if different from the employer address on the determination;

d  Provide the job site address; and,

e. Job site telephone number.

2. To appeal a wage credit determination the claimant must provide:

a. Determination date;

b. Employer name and address if it is not shown on the wage transcript;

c. Dates of employment not shown on the wage transcript, if any;

d. Pay rate; and,

e. Statement as to whether the claimant has proof of earnings.

(d) Once the CONNECT system has been accessed, the employer will be asked to provide specific information to file an appeal, as follows:

1. Select the determination to be appealed;

2. State why the appeal is untimely filed, if applicable;

3. Provide the name of the individual filing the appeal;

4. Provide the job title of the individual filing the appeal;

5. Provide the name of the contact person for the hearing;

6. Provide the job title of the contact person for the hearing;

7. Provide the contact person’s telephone number;

8. Describe the reason for the appeal;

9. State whether the employer will be represented by an agent or attorney who was not sent a copy of the initial determination;

10. State whether the employer will be presenting witnesses other than the contact person for the hearing;

11. Provide a telephone number for the hearing; and,

12. Upload files related to the appeal.

To add a representative for either the claimant or employer the party will be asked to provide:

1. Name of representative;

2. Title of representative;

3. Company or firm, if any;

4. Street address;

5. Telephone number;

6. Fax number; and

7. Whether representing claimant or employer.

(e) To request a rehearing when a party failed to attend a hearing, the party will be asked to provide:

1. Name of the party requesting reopening;

2. Company name if the requestor is a representative or employer;

3. Title, if applicable;

4. Telephone number;

5. E-mail address;

6. Location from which filing the appeal;

7. Name of the claimant;

8. Social security number;

9. Employer name;

10. Employer number;

2. 11. Docket number; and,

12. Job site address, if any; and,

3. 13. Reason for reopening request for not attending hearing.

(f) To provide contact information for witnesses a party plans to call during a hearing the party will be asked to provide: ;

1. Name of the party requesting the witness;

2. Docket number of the appeal;

3. Witness name; and,

4. Witness telephone number.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.04, Amended 8-20-86, 8-7-01, Formerly 38E-5.004, 60BB-5.004, Amended 10-4-12,___________ .

 

73B-20.015 Notice of Hearing.

(1) The appeals referee shall send mail notice of the hearing to all parties via electronic service to the parties’ designated electronic mailboxes or by U.S. Postal Service at least 10 days prior to the date of the hearing. In proceedings to which the Department of Economic Opportunity is a party, the notice shall be directed to the Director of the Division of Workforce Services in the Department of Economic Opportunity or one or more of his or her designees. Whenever practicable, notices to employers shall be mailed to both the employer’s official address of record and to the job site where the claimant was employed. Notices shall also be provided to attorneys and representatives of record.

(2)(a) through (f) No change.

(g) A DEO-6E (English) Appeals Information, Rev. 01/14 04/12, http://www.flrules.org/Gateway/reference.asp?No=Ref-01658; DEO-6S (Spanish) Información Sobre Apelaciones, Rev. 01/14 04/12, http://www.flrules.org/Gateway/reference.asp?No=Ref-01659; or DEO-6C (Creole) Dedomajman pou Chomaj Enfòmasyon Apèl, Rev. 01/14 04/12, http://www.flrules.org/Gateway/reference.asp?No=Ref-01660, incorporated herein by reference, and available at the Department’s website, www.floridajobs.org/RAforms.

(3) No change.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Amended 11-30-81, 5-22-83, Formerly 38E-5.15, Amended 8-20-86, Formerly 38E-5.015, 60BB-5.015, Amended 10-4-12, ________.

 

73B-20.016 Continuances.

(1) through (2) No change.

(3) Upon receipt of a continuance request prior to the scheduled date of the hearing, the appeals referee shall immediately consider it and provide written notice of the referee’s ruling to the parties.

(a) If granted, the appeals referee shall notify the parties of the rescheduled hearing date in the manner prescribed by these rules.

(b) If denied, the appeals referee shall proceed in accordance with these rules.

(c) If it does not appear that the parties will receive the appeals referee’s written ruling on the request prior to the scheduled date of the hearing, the referee shall, nevertheless, mail the ruling or provide electronic notice via the parties’ designated electronic mailboxes, but also convene the hearing and notify any parties in attendance of the ruling. If the request is granted, the referee shall adjourn; if it is denied, the referee shall proceed.

(4) through (5) No change.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.16, 38E-5.016, 60BB-5.016, Amended_________.

 

73B-20.025 Decision.

(1) through (3) No change.

(4) A copy of the decision shall be mailed to the address of record of each of the parties or their attorneys or representatives of record, if any, by regular U.S. Mail, or by electronic correspondence via the party’s designated electronic mailbox if that method was elected. Copies of the decision shall also be furnished to the offices of the Department of Economic Opportunity which have an interest in the proceedings. The decision shall advise the parties of their right to and the means by which an appeal of the decision may be filed with the Reemployment Assistance Appeals Commission.

(5) No change.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.25, Amended 8-20-86, Formerly 38E-5.025, Amended 3-11-12, Formerly 60BB-5.025, Amended_________.

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Frank E. Brown, Chairman

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 19, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 21, 2015