28194425, 73B-21.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 28194425

Notice of Proposed Rule

Department:

DEPARTMENT OF COMMERCE

Division:

Division of Workforce Services

Chapter:

REEMPLOYMENT ASSISTANCE APPEALS COMMISSION; GENERAL PROCEDURES

Overview

RULE:

73B-21.002	Form of Appeal
73B-21.003	Filing an Appeal
73B-21.0031	Computation of Time
73B-21.0032	Dismissal
73B-21.005	Notice to Parties
73B-21.008	Review by the Commission
73B-21.009	Record on Appeal to the Commission
73B-21.010	Briefs and Motions
73B-21.011	Newly Discovered Evidence
73B-21.012	Orders of the Commission

PURPOSE:

The purpose of the rule revisions is to clarify existing appeal procedures and to incorporate new appeal procedures and standards of review of the Reemployment Assistance Appeals Commission with the effect of optimizing accessibility for the parties and efficiency in the review process.

SUMMARY:

Rule 73B-21.002 (Form of Appeal) revisions clarify what constitutes the form an appeal and removes language regarding how to file an appeal, which is relocated to Rule 73B-21.003. Rule 73B-21.003 (Filing an Appeal) is reorganized as follows: language regarding how to file an appeal, as set forth in Rule 73B-21.002 (Form of Appeal), is relocated in this section; language regarding computing time periods is deleted from this section and relocated to Rule 73B-21.0031 (Computation of Time); language regarding the dismissal of untimely appeals is deleted from this rule and relocated to Rule 73B-0032 (Dismissal); and language regarding who may file an appeal is deleted since that is already provided by statue. Rule 73B-21.0031(Computation of Time) provides how to compute time periods, as formerly set forth in Rule 73B-21.003 (Filing an Appeal). Rule 73B-21.0032 (Dismissal) establishes the grounds and procedures for dismissing an appeal. Rule 73B-21.005 (Notice to Parties) is revised to clarify when a document is deemed filed and served. Rule 73B-21.008 (Review by the Commission) revisions modify the standard of review of a referee’s legal conclusion; add a standard of review for procedural error; and remove language regarding the Commission’s authority to issue written orders, which is relocated to Rule 73B-21.012 (Order of the Commission). Rule 73B-21.009 (Record on Appeal to the Commission) is renumbered for clarity; other revisions delete language mandating the Commission to grant a motion for extension of time to file a brief when made in connection with a request for the record. Rule 73B-21.010 (Briefs and Motions) is revised as follows: to allow for filing documents by email or fax; to require the Commission to provide the parties notice, after resolution of an untimeliness issue, whether the case will be resolved on the merits and, if so, a new briefing schedule; and to clarify existing rule language. Rule 73B-21.011 (Newly Discovered Evidence) is revised to permit the Commission to investigate administrative records in connection with its review in certain circumstances and to establish procedures for when the Commission considers such records. Rule 73B-21.012 (Orders of the Commission) revisions remove language that the Commission shall review the record because it is superfluous to that provided in Rule 73B-21.008 (Review by the Commission); add language that was previously set forth in Rule 73B-21.008 setting forth the Commission’s authority to reverse, modify, or remand a referee’s decision; and remove the requirement that the Commission shall furnish a copy of the order to the Florida Department of Commerce, since such orders are transmitted and made available to the Department by way of the Department's online system.

RULEMAKING AUTHORITY:

443.012(11) FS.

LAW:

443.151(4)(b)-(d) FS.

PRINT PUBLISH DATE:

3/26/2024 Vol. 50/60

COMMENTS:

From 3/26/2024 To 4/16/2024 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-01663 DEO A100RAAC(S) (Spanish) Solicitud de Revisión Por la Comisión de Apelaciones de Asistencia al Reempleo
Ref-01664 DEO-A100RAAC(C) (Creole) Komisyon Dapèl Asistans Reyanbochaj Demann Pou Revizyon

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