73B-22.009. Record on Appeal to the Court (Repealed)

(1) The contents of the record shall consist only of:

(a) The record before the Commission as designated by subsection 73B-22.003(1), F.A.C.

(b) All additional evidence made a part of the record in further proceedings held pursuant to the direction of the Reemployment Assistance Appeals Commission;

(c) The official transcript; and,

(d) The order of the Reemployment Assistance Appeals Commission on appeal.

(2) Within 10 days of filing the notice, the appellant may direct the Clerk of the Commission (hereafter Clerk) to exclude any of the documents or exhibits listed in subsection (1). If the appellant directs the Clerk to transmit less than the entire record, the appellant shall file with such directions a designation of the agency actions to be reviewed. Within 20 days of filing the notice, an appellee may direct the Clerk to include any additional documents or exhibits listed in subsection (1).

(3) Within 10 days of filing of the notice, the appellant shall designate those portions of the proceedings for transcription and inclusion in the record. Within 20 days of filing of the notice, the appellee may designate additional portions of the proceedings. Copies of designations shall be served on the Clerk along with a request that the Clerk provide a duplicate of the audio recording of the proceedings for transcription by a court reporter. Within 30 days of a designation, the designating party shall insure that the court reporter shall transcribe and deliver to the Clerk the designated proceedings. In the alternative, the designating party may request that the Clerk arrange transcription of the designated proceedings by the clerk’s staff or other qualified person. The Clerk shall charge parties, other than claimants, no more than the actual costs for duplication of the audio recording of the proceedings or transcription of the proceedings. Costs shall be borne initially by the designating party, subject to taxation of costs as prescribed by Florida Rule of Appellate Procedure 9.400.

(4) If the parties intend to prepare and rely upon a stipulated statement pursuant to Florida Rule of Appellate Procedure 9.200(a)(4), notice of such intent shall be provided to the Clerk within 15 days of filing of the notice of appeal. The stipulated statement shall be filed with the Clerk within 40 days of filing of the notice of appeal.

(5) The Clerk shall ensure the record is securely bound in consecutively numbered volumes not to exceed 200 pages each. Each page of the record shall also be consecutively numbered. The cover sheet of each volume shall contain the words “State of Florida, Reemployment Assistance Appeals Commission” and the style and number of the case. The Clerk shall not verify the transcript of testimony which is incorporated into the record.

(6) The Clerk shall prepare a complete index to the record.

(7) The Clerk shall certify and transmit the record to the court and provide a copy thereof to each of the parties of record. If the parties stipulate or the Commission orders that the original record be retained, the Clerk shall prepare and transmit a certified copy.

(8) The record shall be corrected or supplemented only in accordance with the Florida Rules of Appellate Procedure.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c)-(e) FS. History–New 5-22-80, Formerly 38E-3.09, Amended 10-5-86, 1-5-93, Formerly 38E-3.009, 60BB-7.009, Amended 10-4-12, 12-6-16.