73B-20.005: Time for Filing Appeal
PURPOSE AND EFFECT: The Commission is proposing to amend the rule to remove language that duplicates Rule 73B-20.004, F.A.C.; to include the future Connect System for delivery of determinations; and to clarify the effective dates of filing.
SUMMARY: This rule is amended to clarify when the 20-day period for filing an appeal begins to run and to specify what is timely filing of an appeal when it is filed by fax, by hand delivery, by courier service, or by electronic means.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 443.012(11) FS.
LAW IMPLEMENTED: 443.151(3)(a), (4)(b)1., (4)(d) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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 FULL TEXT OF THE PROPOSED RULE IS:
73B-20.005 Time for Filing Appeal.
(1) The appeal shall be filed within 20 calendar days of the date the determination or redetermination was mailed to the appellant’s last known address or made available electronically through a Department-approved electronic account, or, in the absence of mailing or electronic delivery, the date of other delivery to the appellant.
(2) The appeal shall be filed by mailing the appeal document to any of the locations designated in Rule 73B-20.004, F.A.C.; by facsimile transmission of the appeal document to any location designated in subsections 73B-20.004(1), (2), and (3), F.A.C.; or by hand delivery of the appeal document to any location designated in subsections 73B-20.004(2), (3), and (4), F.A.C.
(2)(3) Appeals filed by mail are shall be considered to have been filed when postmarked by the United States Postal Service. Appeals filed by hand delivery, courier service or facsimile are shall be considered to have been filed when date stamped received at an the authorized location. Appeals filed electronically are filed on the date the confirmation number is issued by the system.
(3)(4) Upon receipt of Aan appeal delivered in person or by facsimile transmission will be date stamped by a, the Commission or, Department of Economic Opportunity, or Office of Appeals employee on the date hand delivered or the date placed on the document by the Department or Commission fax system shall record the date of receipt on the appeal document. The Internet filing system shall post on the appeal the date the confirmation number is issued and the appeal was successfully received by the system.
Rulemaking Specific Authority 443.012(11) FS. Law Implemented 443.151(3)(a), (4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.05, Amended 8-20-86, 3-1-98, 8-7-01, Formerly 38E-5.005, 60BB-5.005, Amended________.