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Florida Administrative Code (Last Updated: June 27, 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) The appeals referee shall mail notice of the hearing to all parties at least 10 days prior to the date of the hearing. In proceedings to which the Agency for Workforce Innovation is a party, the notice shall be directed to the Director of the Agency for Workforce Innovation. 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.
88(2) The notice shall include or be accompanied by:
97(a) A statement of the date, time and place of the hearing;
109(b) A statement of the legal authority and jurisdiction under which the hearing is to be held;
126(c) A statement of the issues to be decided by the appeals referee with reference to the specific statutory or rule provisions involved. In the event that any party has not been provided a copy of the determination on appeal, a copy thereof shall be appended to such party’s notice;
176(d) A statement that failure to attend may result in a decision in favor of the other side;
194(e) A statement of the rules regarding requests for continuances and subpoenas; and
207(f) The address of the office to which all motions, requests of other correspondence concerning the hearing should be directed.
227(3) Waiver. If the appeals referee fails to provide notice in the manner set forth in this section, or if the notice provided is defective in any other way, and all improperly noticed parties nevertheless appear at the hearing, the referee shall inquire whether such parties are willing to waive their rights set forth in subsections (1) and (2). If the appeals referee obtains informed and intelligent consent from all parties who were not properly noticed, the referee may proceed with the hearing. If any party refuses to consent to waiver, the referee shall continue the hearing and provide proper notice of the rescheduled hearing to all parties.
335Rulemaking Authority 337443.012(11) FS. 339Law Implemented 341443.151(4)(a), 342(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.
