73B-11.017. Nonmonetary Determinations

(1) Investigation of Issues. The Department will investigate all issues that may affect a claimant’s benefits. The Department will make a reasonable attempt to contact all parties and obtain facts necessary to resolve nonmonetary issues. Contact methods include, but are not limited to, telephone, mail, and e-mail. If it is determined that the claimant has satisfied the terms of a potential disqualification that would otherwise be imposed, no investigation need be conducted. However, a determination will be made pursuant to Rule 73B-11.018, F.A.C., regarding charges to the employer’s account.

(2) Parties Entitled to Notice of Determination. Determinations will be issued to all parties entitled to notice.

(a) Claimants. A claimant is entitled to notice of any determination affecting his or her benefits.

(b) Employers. Pursuant to Section 443.151(3), F.S., an employer entitled to notice is the employer:

1. From which the separation occurred, when job separation is the issue;

2. That offered work to the claimant; when failure to accept work is the issue;

3. Directly involved in the dispute, at whose factory, establishment or other premises the claimant is or was employed, when labor dispute is the issue;

4. By or on behalf of which such remuneration was paid, when wages in lieu of notice, severance pay, retirement income, workers’ compensation or other remuneration is the issue;

5. Directly involved, when false or fraudulent representation to obtain or to increase benefits is the issue; or

6. Directly involved, when employment status, fraud, or overpayment resulting from improperly reported work or earnings is the issue.

Rulemaking Authority 443.1317(1)(b), 443.151(3)(c) FS. Law Implemented 443.091, 443.101, 443.151(3) FS. History–New 8-25-92, Formerly 38B-3.017, Amended 8-14-08, Formerly 60BB-3.017, Amended 10-25-15.