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Florida Administrative Code (Last Updated: April 18, 2024) |
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60. Department of Management Services |
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60BB. Agency for Workforce Innovation |
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60BB-5. Hearings Before Appeals Referees |
1(1) If it appears that the appeal initiating the proceedings was not filed within the time allowed by law, the appeals referee shall notify the parties that timeliness of the appeal shall be one of the issues to be considered at the hearing.
44(2) The appeals referee shall take evidence on and consider the issue of timeliness of the appeal first. If the referee finds that the appeal was not filed within the time allowed by law, it shall be dismissed. The dismissal decision shall be limited to findings of fact and a conclusion of law with respect to the timeliness issue.
103(3) If the referee finds that the appeal was timely filed, evidence shall then be taken with regard to the merits of the case, and the appeals referee’s decision shall include findings of fact and conclusions of law with respect to both the timeliness issue and the merits of the appeal.
154Rulemaking Authority 156443.012(11) FS. 158Law Implemented 160443.151(3)(a), 161(4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.07, Amended 8-20-86, Formerly 38E-5.007.
