Notice of Proposed Rule

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation
RULE NO.: RULE TITLE:
60BB-1.011: Special Review of Final State Agency Decisions
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: The rule identified above was implemented for the purpose of administering a program which no longer exists and is, therefore, no longer necessary. There are no other rules which incorporate the rule identified above.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An SERC has not been prepared by the agency.
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: 20.50, 120.54(6), 445.004 FS.
LAW IMPLEMENTED: 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Monday, July 18, 2011, 3:00 p.m.
PLACE: Caldwell Building, 107 E. Madison Street, Room 110, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Audrey L. Gaten at (850)245-7160. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: James E. Landsberg

THE FULL TEXT OF THE PROPOSED RULE IS:

60BB-1.011 Special Review of Final State Agency Decisions.

(1) This section applies only to the review of a complaint or grievance related to WtW activities and that involves: gender discrimination, as prescribed in 20 CFR 645.255(b); health and safety standards established under State and Federal law which are applicable to similarly employed employees, of the same employer, who are not participants in WtW programs, as prescribed at 20 CFR 645.260; and displacement of WtW participants or regular employees, as prescribed at 20 CFR 645.265.

(2) Rather than an immediate judicial review of a final agency order, a grievant or complainant may request a hearing before the Division of Administrative Hearings.

(3) A request for hearing under this provision shall be filed within twenty-one (21) calendar days of receipt of final agency action and shall be filed with the Agency Clerk, Agency for Workforce Innovation, Office of General Counsel, 107 E. Madison Street, MSC 110, Tallahassee, Florida 32399-4128.

Rulemaking Specific Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: James E. Landsberg
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cynthia R. Lorenzo
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 8, 2011