60BB-5.014: Scheduling of Hearings
PURPOSE AND EFFECT: Section 443.151(4)(b)5.c., Florida Statutes, as amended by chapter 2011- 235, Laws of Florida, requires that hearsay evidence used as the basis for a finding of fact be provided to all parties in advance of the hearing to provide a reasonable time to for the party’s to review the proffered evidence. Additionally, the public must be provided an ability to listen in to the appeal hearings and review applicable documents upon request.
SUBJECT AREA TO BE ADDRESSED: Unemployment Benefits Appeal Hearing.
RULEMAKING AUTHORITY: 443.012(11) FS.
LAW IMPLEMENTED: 443.151(4) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Dorothy Johnson, Deputy General Counsel, Office of the Unemployment Appeals Commission, 101 Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida 32399-4151, (850)487-2685
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
60BB-5.014 Scheduling of Hearings.
(1) through (2) No change.
(3) If any party wishes to submit evidence to be considered, pursuant to Section 443.151(4)(b)5.c., F.S., as the basis for a finding of fact, notwithstanding Section 120.57(1)(c), F.S., the party must arrange for delivery of the evidence to all parties and the appeals referee at least 24 hours prior to the scheduled hearing time. If the hearing is scheduled for a Monday or a day following a holiday, the Saturday and Sunday or the holiday will be excluded from the calculation of the 24 hour period. The 24 hour period will provide the party against whom the evidence is offered a reasonable opportunity to review such evidence prior to the hearing.
(4) Waiver. If the party submitting evidence to be considered, pursuant to Section 443.151(4)(b)5.c., F.S., fails to provide the evidence to all parties and the appeals referee at least 24 hours prior to the scheduled hearing time, and all parties to whom the evidence was improperly provided appear at the hearing, the referee shall inquire whether such parties are willing to waive their rights set forth in subsection (3). If the appeals referee obtains informed and intelligent consent from all parties to whom the evidence was not properly provided, the referee may proceed to consider the evidence.
(5)(3) Any member of the public wishing to listen to attend a telephone hearing and inspect documents may do so by contacting the Office of Appeals at MSC 347, 107 E. Madison Street, Tallahassee, Florida 32399-4143 or the appeals office to which the case is assigned at the location of the appeals referee.
Rulemaking Specific Authority 443.012(11) FS. Law Implemented 443.151(4)(b), (d) FS. History–New 5-22-80, Formerly 38E-5.14, Amended 10-5-86, 3-11-99, Formerly 38E-5.014, Amended_______.