Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-20 - REEMPLOYMENT ASSISTANCE APPEALS COMMISSION; HEARINGS BEFORE APPEALS REFEREES › Section 73B-20.024 - Conduct of the Hearing

Current through Reg. 50, No. 138; July 16, 2024
(1) Hearings before
				appeals referees shall be open to the public; provided that the referee may,
				upon motion of a party or upon the referee's own motion, exclude witnesses,
				other than the parties, until called to testify. The referee may also exclude
				any observer, witness or party who is disruptive to the conduct of the hearing;
				however, such person shall be readmitted upon cessation of disruptive
				conduct.
(2) When calling a party
				or a party's witness on the telephone for the hearing, if the party or witness
				is initially unavailable, the referee shall wait at least ten minutes, and then
				make a second attempt to call the party or witness.
(3) The appeals referee shall review the
				issues presented and set forth the procedures to be followed during the
				hearing.
(4) Evidence.
(a) Oral evidence shall only be taken upon
				oath or affirmation.
(b) The
				appeals referee shall prescribe the order in which testimony shall be taken and
				examine or cross-examine any witness as is necessary to properly develop the
				record. The referee shall also preserve the right of each party to present
				evidence relevant to the issues, cross-examine opposing witnesses, impeach any
				witness, and rebut the evidence presented against him or her. The referee shall
				restrict the inquiry of any witness to the scope of the proceedings.
(c) If the referee determines that the
				examiner or adjudicator who issued the determination did not apply the correct
				provision or provisions of law to the factual situation presented, the referee
				may modify the determination and, with the consent of the parties, expand or
				otherwise alter the scope of the hearing to include the correct issues
				involved. If one or more parties object to the change in the scope of the
				hearing, the referee shall continue the hearing and provide a corrected notice
				of hearing designating the proper issues.
(d) The hearing need not be conducted
				according to the technical rules regarding evidence and witnesses. When the
				appeals referee declines to accept as evidence any written or physical material
				presented for consideration, the appeals referee should specifically address on
				the record or in the written decision the reason the material was rejected. A
				party or the party's representative may state an objection to the referee's
				acceptance of written or physical material or refusal to accept written or
				physical material as evidence. A party or the party's representative may also
				advise the appeals referee of a defect in the character of any evidence
				introduced by voicing an objection. The objecting party shall be given an
				opportunity to explain the grounds for the objection. A lack of an objection
				does not relieve the referee of the duty to determine the competency of the
				evidence under the applicable evidentiary standards.
(e) All documents introduced as evidence
				shall be labeled and certified by the appeals referee as being the actual
				document received or a true and correct photocopy thereof. Whenever
				practicable, demonstrative and physical evidence shall also be labeled and
				placed in the record; otherwise it shall be described in detail on the record
				by the referee.