21767690, 73B-20.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 21767690

Notice of Proposed Rule

Department:

DEPARTMENT OF COMMERCE

Division:

Division of Workforce Services

Chapter:

REEMPLOYMENT ASSISTANCE APPEALS COMMISSION; HEARINGS BEFORE APPEALS REFEREES

Overview

RULE:

73B-20.003	Form of Appeal
73B-20.004	Method of Filing an Appeal or Request to Reopen
73B-20.005	Computation of Time
73B-20.007	Late Filing of Appeals
73B-20.010	Consolidation
73B-20.012	Disqualification and Substitution of Appeals Referee
73B-20.014	Scheduling and Notice of Hearings
73B-20.015	Service of Written and Other Physical Evidence
73B-20.016	Continuances
73B-20.017	Nonappearance of Parties
73B-20.022	Withdrawal
73B-20.024	Conduct of the Hearing
73B-20.025	Decision
73B-20.026	Corrected Decisions
73B-20.027	Appeal to the Unemployment Appeals Commission

PURPOSE:

The purposes and effects of the rule revisions are to incorporate new forms, add email
addresses, clarify existing procedures, and incorporate new procedures.

SUMMARY:

73B-20.003 – incorporates new appeal form (use is not mandatory); 73B-20.004 – adds email address as an acceptable way of filing an appeal; adds rule citations to clarify that requests for reopening are limited to nonappearances and withdrawals;
73B-20.005 – makes changes to address appeals filed by email; reorganizes the language and numbering of the subparagraphs; expands definition of “holiday”; clarifies effective filing dates; 73B-20.007 – adds language about referees reserving ruling on the issue of timeliness; 73B-20.010 – clarifies procedures; 73B-20.012 – clarifies circumstances under which an appeals referee should be disqualified/substituted; 73B-20.014 – changes title and includes language from 73B-20.015 Notice of Hearing for better flow; includes language regarding the 24-hour advance call requirement; changes “appeals referee” to “Office of Appeals” in subparagraphs (2) and (4) for more specificity; changes “mailed” and “provided” to “sent”; 73B-20.015 – corrects inconsistency in prior Rule 73B-20.014 regarding 24-hour advance delivery of tangible evidence and makes more logical flow with rules; minor grammatical changes; 73B-20.016 – adds form number to incorporate by reference (not mandatory); adds in references to new procedures regarding the appeals magistrate; 73B-20.017 – references advance call requirement and adds language about referees reserving ruling on the issue of nonappearance; minor grammatical changes; 73B-20.022 – adds references to appeals magistrate and submission of withdrawal requests by email; removes requirement that withdrawal request be signed to account for electronic submission; 73B-20.024 – adds 10-minute contact requirement; reorders to better reflect referees' duties in light of federal guidelines; addresses parties’ duty to object to evidence; 73B-20.025 – removes statutory references to clarify; adds electronic distribution; 73B-20.026 – sets out the guidelines for the issuance of corrected decisions; 73B-20.027 – reworded for flow/clarity; changes “appeals referee” to “Office of Appeals” for more specificity.

RULEMAKING AUTHORITY:

443.012(11) FS.

LAW:

443.041(2), 443.151(3)(a), (e), (4)(a) - (d), (7) FS.

PRINT PUBLISH DATE:

5/9/2019 Vol. 45/91

COMMENTS:

From 5/9/2019 To 5/30/2019 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-01655 DEO-A100(E) (English) Office of Appeals Notice of Appeal
Ref-01656 DEO-A100(S) (Spanish), Oficina de Apelaciones Aviso de Apelación - español )
Ref-01657 DEO-A100(C) (Creole), Biwo Apèl Yo Avi Apèl
Ref-05732 DEO Form UCA Bulletin 6E (Rev. 1/14)
Ref-05733 DEO Form UCA Bulletin 6C (REV 1/14)
Ref-05734 DEO Form UCA Bulletin 6S (Rev. 1/14)

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.