DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Workforce ServicesRULE NO.: RULE TITLE:
73B-21.003: Filing an AppealNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 29, July 20, 2012 issue of the Florida Administrative Weekly.
73B-21.003 Filing an Appeal.
(1) Any person who is entitled by law to notice of an appeals referee’s decision may file an appeal of that decision within 20 calendar days after the mailing of notice of the appeals referee’s decision to the parties at their last known addresses or, if not mailed, within 20 calendar days after the date of delivery of such notice. Any person who is entitled by law to notice of an appeals referee’s decision and is adversely impacted by that decision may file an appeal of that decision within 20 calendar days after the notice of the appeals referee’s decision is mailed to the parties at their last known addresses or made available electronically through a Department-approved electronic account, or, in the absence of mailing or electronic delivery, the date of other delivery to the appellant.
(2) The appeal shall be filed by mail to any appeal location designated in subsection 73B-21.002(1), F.A.C.; by facsimile transmission of the appeal document to any appeal location designated in paragraphs 73B-21.002(1)(a), (b), and (c), F.A.C.; or by hand delivery of the appeal document to any appeal location designated in paragraphs 73B-21.002(1)(a), (b), and (d), F.A.C.
(2)(3) Appeals filed to the locations specified in Rule 73B-21.002, F.A.C., by mail are shall be considered to have been filed when postmarked by the United States Postal Service. Appeals filed at the locations specified in Rule 73B-21.002, F.A.C. by hand delivery, courier service, or facsimile (FAX) are shall be considered to have been filed when date stamped received at the authorized location. Appeals filed through the Department web site as provided in Rule 73B-21.002, F.A.C., shall be considered to have been filed on the date the confirmation number is issued.
(3)(4) Upon receipt of Aan appeal delivered in person or by facsimile transmission will be date stamped by a, the Commission or, Department of Economic Opportunity, or Office of Appeals employee on the date hand delivered or the date placed on the document by the Department or Commission fax system shall record the date of receipt on the appeal document. The Internet filing system shall post on the appeal the date the confirmation number is issued and the appeal was successfully received by the system.
Rulemaking Specific Authority 443.012(11), 443.151(4)(b), (d) FS. Law Implemented 443.151(4)(b), (d) FS. History–New 5-22-80, Formerly 38E-2.03, Amended 8-20-86, 1-5-93, 8-7-01, Formerly 38E-2.003, 60BB-6.003, Amended_________.
