73B-20.015: Notice of Hearing
PURPOSE AND EFFECT: The Commission is proposing to amend the rule to incorporate form DEO-6 in three languages and to clarify the procedure for delivering the notice of hearing to the Department.
SUMMARY: The Office of Appeals includes a DEO-6, Appeals Information, with every Notice of Hearing mailed to parties. This document provides directions for the hearing process to assist parties in preparing for the hearing and is thus being adopted as a rule. The rule is also amended to ensure the Department is properly noticed by the Office of Appeals where the Department is a party to the hearings.
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(4)(a), (b), (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-20.015 Notice of Hearing.
(1) The appeals referee shall mail notice of the hearing to all parties at least 10 days prior to the date of the hearing. In proceedings to which the Department of Economic Opportunity is a party, the notice shall be directed to the Director of the Division of Workforce Services in Executive Director of the Department of Economic Opportunity or one or more of his or her designees. Whenever practicable, notices to employers shall be mailed to both the employer’s official address of record and to the job site where the claimant was employed. Notices shall also be provided to attorneys and representatives of record.
(2) The notice shall include or be accompanied by:
(a) through (d) No change.
(e) A statement of the rules regarding requests for continuances and subpoenas; and
(f) The address of the office to which all motions, requests of other correspondence concerning the hearing should be directed; and.,
(g) A DEO-6E (English) (Rev. 04/12) Appeals Information, DEO-6S (Spanish) (Rev. 04/12) Informacion Sobre Apelaciones, or DEO-6C (Creole) (Rev. 04/12) Dedomajman pou Chomaj Enfomasyon Apel, incorporated herein by reference, and available at the Department’s website, www.floridajobs.org/appeals.
(3) No change.
Rulemaking Specific Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Amended 11-30-81, 5-22-83, Formerly 38E-5.15, Amended 8-20-86, Formerly 38E-5.015, 60BB-5.015, Amended_________.