26541739, 73B-20.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 26541739

Notice of Development of Rulemaking

Department:

DEPARTMENT OF COMMERCE

Division:

Division of Workforce Services

Chapter:

REEMPLOYMENT ASSISTANCE APPEALS COMMISSION; HEARINGS BEFORE APPEALS REFEREES

Overview

RULE:

73B-20.003	Form of Appeal
73B-20.004	Method of Filing an Appeal or Request to Reopen
73B-20.005	Computation of Time
73B-20.022	Withdrawal
73B-20.0221	Dismissal
73B-20.025	Decision

PURPOSE:

The purpose of the rule revisions is to clarify existing appeal procedures and incorporate new appeal procedures with the effect of optimizing practicality and efficiency in the appeal process.

SUBJECT:

The proposed rule revisions address existing appeal procedures by clarifying: the form of an appeal, the filing date for appeals transmitted by facsimile, the process when an appeal of an initial determination or request to reopen is filed with the Reemployment Assistance Appeals Commission, and the means by which a referee’s decision shall be distributed to the parties and by deleting or modifying outdated rule language. The proposed rule revisions address new appeal procedures by providing additional dismissal procedures, replacing the email method of filing an appeal or requests with a new online method, permitting a written summary affirmance where the appellant has not expressed disagreement with the appealed determination, and prescribing the referee’s duty in the event both parties are found equally credible or not credible.

RULEMAKING AUTHORITY:

443.012(11) FS

LAW:

443.151(3)(b)-(c); 443.151(4)(a)-(b)2., (d) FS

PRINT PUBLISH DATE:

11/15/2022 Vol. 48/222

RELATED STATUTES
AND LAWS:

443.012(11) FS, 443.151(3)(b)-(c); 443.151(4)(a)-(b)2., (d) FS

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=73B-20.003&PDate=11/15/2022&Section=1

REFERENCE MATERIALS:

No reference(s).

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