73B-20.003: Form of Appeal
PURPOSE AND EFFECT: The Department is proposing to amend the rule to incorporate form DEO-A100 in three languages by reference; to direct the public to the Department’s website to obtain the form; to remove language that conflicts with other proposed amendments to Department rules; and to add the employer tax account number to requested information to be included in the notice of appeal.
SUBJECT AREA TO BE ADDRESSED: Unemployment Benefits Appeal Hearing Procedure.
RULEMAKING AUTHORITY: 443.012(11) FS.
LAW IMPLEMENTED: 443.151(4)(d) 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:
73B-20.003 Form of Appeal.
(1) No change.
(2) Any person entitled to file an appeal may obtain an a printed appeal form (DEO-A100(E) AWI-A100 (English), Notice of Appeal),(Rev. 07/12 4/01); DEO-A100(S) (Spanish), Aviso de Apelación – español (Rev. 07/12); DEO-A100(C) (Creole), Objeksyon pou Dedomajman Travay – kreyòl (Rev. 07/12)), incorporated herein by reference, available at the Department’s website, http://www.floridajobs.org/office-directory/division-of-workforce-services/unemployment-programs/unemployment-compensation-forms-directory at any of the locations listed in subsections 73B-20.004(1), (2), and (3), F.A.C., and at any location providing unemployment claim information. Use of the form is not mandatory; however, whatever instrument is used, it should shall include the following information:
(a) No change.
(b) The name and tax account number of each employer, if any, involved;
(c) No change.
(d) A concise brief statement of the reasons for disagreement with the determination.
(3) Failure to include all of the information listed in subsection (2) will not constitute cause for rejection of the appeal, but may result in unnecessary delay in processing the appeal and scheduling it for hearing.
Rulemaking Specific Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.03, Amended 8-20-86, 8-7-01, Formerly 38E-5.003, 60BB-5.003, Amended________.