73B-22.009: Record on Appeal to the Court
PURPOSE AND EFFECT: The Department is proposing to amend the rule to clarify the record on appeal to the Court and to clarify that the rule references the Clerk of the Commission.
SUBJECT AREA TO BE ADDRESSED: Court Appeal Procedure.
RULEMAKING AUTHORITY: 443.012(11) FS.
LAW IMPLEMENTED: 443.151(4)(c)-(e) 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-22.009 Record on Appeal to the Court.
(1) The contents of the record shall consist only of:
(a) No change.
(b) All additional evidence made a part of the record in pursuant to further proceedings held pursuant to the direction of directed by the Reemployment Assistance Unemployment Appeals Commission;
(c) No change.
(d) The order of the Reemployment Assistance Unemployment Appeals Commission on appeal.
(2) Within 10 days of filing the notice, the appellant may direct the Clerk of the Commission (hereinafter 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 of the Commission 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 of the Commission the designated proceedings. In the alternative, the designating party may request that the Clerk of the Commission 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) No change.
Rulemaking Specific 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________.