reglab/statecodes huggingface dataset:
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.020 - Determinations Regarding Discharge for Misconduct

Current through Reg. 50, No. 138; July 16, 2024
When it is determined a discharge was for misconduct
				  connected with work, the following weeks of disqualification apply:
(1) Extreme misconduct will warrant 27 to 52
				weeks of disqualification. Extreme misconduct occurs when the claimant commits
				a felony in connection with work.
(2) Serious misconduct will warrant 13 to 26
				weeks of disqualification. Serious misconduct consists of the following:
(a) Misdemeanor violations of the law, such
				as assault or disorderly conduct, that occur in connection with work;
(b) Reporting to work under the improper
				influence of alcohol or drugs, or improper use of alcohol or drugs at
				work;
(c) Willful, intentional or
				repeated carelessness or negligence in the performance of work which results in
				damage to equipment or material or jeopardizes the safety of others;
				or
(d) Dishonest acts, such as
				lying, falsification of attendance records and misrepresentation of prior
				employment history.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.021 - Determinations Regarding Ability to Work and Availability for Work

Current through Reg. 50, No. 138; July 16, 2024
To be eligible for a claimed week of unemployment, a claimant
				  must be:
(1) Authorized to work in the
				United States; and,
(2) Able to
				work and available for work during the major portion of the claimant's
				customary work week; and,
(3)
				Actively seeking work in a manner customary to the occupation in which work is
				being sought. Factors to be considered in determining whether the claimant has
				conducted an active work search are:
(a) The
				number of job contacts made by the claimant and the dates the contacts were
				made; and,
(b) Whether the type of
				work being sought is reasonable considering the claimant's background,
				training, abilities, and duration of unemployment; and,
(c) Whether the claimant possesses the
				necessary license, certification and tools to perform the type of work being
				sought; and,
(d) Whether the
				claimant is on a temporary layoff; and,
(e) Whether the claimant is on a seasonal
				layoff and resides in a geographical area in which no suitable off-season work
				prospects are available.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.022 - Determinations Regarding Approved Training

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to section
				   443.091(1)(c),
				  F.S.:
(1) Approved training includes
				training authorized by Workforce Florida, Inc., a Regional Workforce Board, or
				Workforce Investment Board created pursuant to the Workforce Investment
				Act.
(2) The Department shall not
				approve training unless:
(a) The claimant
				possesses aptitude and skills that can be usefully supplemented by the
				training; and,
(b) The labor market
				demands for the claimant's present skills are minimal; and,
(c) The training is a vocational, technical,
				intern, managerial, high school equivalency or academic program designed to
				prepare individuals for gainful employment; and,
(d) A reasonable expectation exists that the
				claimant will be employable upon completing the training; and,
(e) The training course or school is approved
				by the Florida Department of Education or other official governmental approving
				agency within the state where the training is being
				conducted.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.023 - Offset of Tax Refund Payments to Collect Reemployment Assistance Debts Owed to the Florida Unemployment Trust Fund Pursuant to 31 C.F.R. 285.8

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. For purposes of this
				section:
(a) Debt means past-due, legally
				enforceable reemployment assistance debt.
(b) Department means the Department of
				Economic Opportunity, the state agency charged with administering the Florida
				reemployment assistance program.
(c) Individual means a person who owes a
				debt.
(d) FMS means the Financial
				Management Service, a bureau of the Department of the Treasury.
(e) IRS means the Internal Revenue Service, a
				bureau of the Department of the Treasury.
(f) Tax refund offset means withholding or
				reducing a tax refund overpayment by an amount necessary to satisfy a debt owed
				by the payee(s) pursuant to 26 U.S.C.
				6402(a).
(g) Tax refund payment means any overpayment
				of Federal taxes to be refunded to the person making the overpayment after the
				IRS makes the appropriate credits as provided in
				26 U.S.C.
				6402(a) and  26 CFR
				6402-3(a)(6)(i)  for any liabilities for any Federal tax on the part of the
				person who made the overpayment.
(h) Reemployment assistance debt has the same
				meaning as the term "covered unemployment debt" as defined in
				26 U.S.C.
				6402(f)(4), and means:
1. A past-due debt for erroneous payment of
				reemployment assistance due to fraud or the person's failure to report earnings
				which has become final under the law of a State certified by the Secretary of
				Labor pursuant to 26 U.S.C.
				3304 and which remains uncollected;
2. Any penalties and interest assessed on
				such debt.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.024 - Short-Time Compensation Plan Application

Current through Reg. 50, No. 138; July 16, 2024
(1) Employers who wish to participate in the
				Short-Time Compensation program, pursuant to section
				 443.1116, F.S., must apply using
				Florida's Online Reemployment Assistance System at
www.FloridaJobs.org
. Depending on the
				type of claim being submitted, Florida's Online Reemployment Assistance System
				will require responses to questions as incorporated by reference in rule
				 73B-11.013, F.A.C.
(2) When a declared disaster or emergency
				makes the Florida Online Reemployment Assistance System unavailable, internet
				application impractical, or when an employer needs special assistance or
				accommodation, employers who wish to participate in the Short-Time Compensation
				program may do so by contacting the Department of Economic Opportunity
				toll-free at 1(800)204-2418.
(3)
				For the purposes of this rule, an employer needs special assistance or
				accommodation when she or he:
(a) Is legally
				prohibited from using a computer;
(b) Has an impairment which makes her or him
				unable to use a computer; or
(c) Is
				unable to read or write effectively in a language in which the Online
				Reemployment Assistance System makes available.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.0251 - Definitions Relating to Emergency Unemployment Compensation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.1317(1)(b)
					 FS. Law Implemented 443.036,
					 443.221(3)
					 FS.
New 8-11-10, Amended 12-19-10, Formerly 60BB-3.0251,
					 Repealed 5-3-15.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.0252 - Eligibility for Emergency Unemployment Compensation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.1317(1)(b)
					 FS. Law Implemented 443.091,
					 443.111,
					 443.151(6),
					 443.221(3)
					 FS.
New 8-11-10, Amended 12-19-10, Formerly 60BB-3.0252,
					 Repealed 5-3-15.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.0253 - Emergency Unemployment Compensation Individual Accounts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.1317(1)(b)
					 FS. Law Implemented 443.111,
					 443.191,
					 443.221(3)
					 FS.
New 8-11-10, Amended 12-19-10, Formerly 60BB-3.0253,
					 Repealed 5-3-15.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.0254 - How to Apply for Emergency Unemployment Compensation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.1317(1)(b)
					 FS. Law Implemented 443.091,
					 443.101,
					 443.111,
					 443.151,
					 443.221(3)
					 FS.
New 8-11-10, Amended 12-19-10, 11-27-11, Formerly
					 60BB-3.0254, Repealed 5-3-15.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.0261 - Definitions Relating to Extended Benefits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.1317(1)(b)
					 FS. Law Implemented 443.036,
					 443.1115,
					 443.1117
					 FS.
New 11-28-10, Formerly 60BB-3.0261, Repealed
					 5-3-15.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.0262 - How to Apply for Extended Benefits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.1317(1)(b)
					 FS. Law Implemented 443.091,
					 443.1115,
					 443.1117
					 FS.
New 11-28-10, Amended 11-27-11, Formerly 60BB-3.0262,
					 Repealed 5-3-15.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.0263 - Diligent Work Search Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.1317(1)(b)
					 FS. Law Implemented 443.091,
					 443.1115,
					 443.1117
					 FS.
New 11-28-10, Amended 11-27-11, Formerly 60BB-3.0263,
					 Repealed 5-3-15.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.028 - Reemployment Services

Current through Reg. 50, No. 138; July 16, 2024
(1) One Stop Career
				Center Services. Reemployment services provided by One Stop Career Centers
				include:
(a) Priority Reemployment Planning
				(PREP) for claimants who, without such assistance, are likely to exhaust
				unemployment compensation benefits prior to becoming reemployed, and,
(b) Job-Ready Reemployment
				Services for claimants who do not voluntarily attend reemployment assistance
				services or remain unemployed in excess of six weeks.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.029 - Public Use Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.1317(1)(b)
					 FS. Law Implemented 443.171(5), 443.1715(1), (2)(b)1.
					 FS.
New 6-4-06, Amended 8-14-08, 11-27-11, Formerly 60BB-3.029,
					 Repealed 10-25-15.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.030 - Benefit Records Unit Records Request

Current through Reg. 50, No. 138; July 16, 2024
(1) Any request for records made pursuant to
				section  443.1715, F.S., by a claimant,
				or an employer, employer's workers' compensation carrier, or a representative
				of either, shall be submitted to the Department using the Certified
				Authorization for Release of Records Form, Form DEO CARR-1,
http://www.flrules.org/Gateway/reference.asp?No=Ref-06166
;
				effective date: December, 2015, which is hereby adopted and incorporated by
				reference.
(2) Form DEO CARR-1
				shall be used when making any request for confidential Reemployment Assistance
				Benefit Records provided within the administration of the Reemployment
				Assistance Program.
(3) The
				Department shall provide an invoice for any requested documents, the balance of
				which must be paid prior to the release of any requested documents.
(4) A party to a Reemployment Assistance
				proceeding that requests records in connection with such proceeding shall not
				be charged a fee for records requested under this rule.
(5) The following fee schedule shall apply:
(a) 1 - 25 pages will be charged $0.15 per
				page.
(b) 26 - 50 pages will be
				charged $0.15 per page, including a 1 hour service charge of $13.00 per
				hour.
(c) 51 - 75 pages will be
				charged $0.15 per page, including a 1.5 hour service charge of $13.00 per
				hour.
(d) 76 - 100 pages will be
				charged $0.15 per page, including a 2 hour service charge of $13.00 per
				hour.
(e) 101 pages or more will be
				charged $0.15 per page, including a 2.5 hour service charge of $13.00 per
				hour.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-12 - LAW ENFORCEMENT RECRUITMENT BONUS PAYMENT PROGRAM › Section 73B-12.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of this rule, the following definitions
				  apply:
(1) "Affidavit of Separation"
				means the Affidavit of Separation, form CJSTC-61, revised August 12, 2021,
				effective 6/2022, promulgated by the Commission and that is completed by a
				Criminal Justice Agency when a Law Enforcement Officer separates from the
				Employing Agency. The Affidavit of Separation, form CJSTC-61, revised August
				12, 2021, effective 6/2022,
https://www.flrules.org/Gateway/reference.asp?No=Ref-14937
is adopted and incorporated herein by reference, and is available at the
				Department's website,
https://www.floridajobs.org/recognition-and-recruitment
.
(2) "Certification" means certification for
				employment or appointment as a Law Enforcement Officer pursuant to Section
				 943.1395, Florida Statutes
				(F.S.).
(3) "Criminal Justice
				Agency" has the same meaning as provided in Section
				 119.011(4),
				F.S.
(4) "Department" or "DEO"
				means the Florida Department of Economic Opportunity.
(5) "FDLE" means the Florida Department of
				Law Enforcement.
(6) "Full-time
				Employment" means employment with a Criminal Justice Agency for a minimum of 30
				hours per week.
Rulemaking Authority
					 445.08(8) FS.
					 Law Implemented 445.08
					 FS.
New 11-30-22.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-12 - LAW ENFORCEMENT RECRUITMENT BONUS PAYMENT PROGRAM › Section 73B-12.002 - Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(1) To receive and retain a one-time
				recruitment bonus payment, a Newly Employed Officer must:
(a) Obtain Certification for employment or
				appointment as a Law Enforcement Officer pursuant to Section
				 943.1395, F.S.;
(b) Gain Full-time Employment as a Law
				Enforcement Officer with a Florida Criminal Justice Employing Agency;
(c) Sign the Law Enforcement Recruitment
				Bonus Payment Program Acknowledgement Form, effective 11-2022,
https://www.flrules.org/Gateway/reference.asp?No=Ref-14936
,
				which is adopted and incorporated herein by reference, and which is also
				available at the Department's website,
https://www.floridajobs.org/recognition-and-recruitment
,
				that must be provided to DEO by the Employing Agency certifying that the Newly
				Employed Officer understands the reimbursement requirements for failure to
				maintain the eligibility requirements of the Program; and
(d) Maintain continuous Full-time Employment
				with a Florida Criminal Justice Agency for at least two years from the date on
				which the Law Enforcement Officer obtained Certification. The required two-year
				employment period may be satisfied by maintaining employment at one or more
				Employing Agencies, but such period must not contain any break in service
				longer than 15 calendar days.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-12 - LAW ENFORCEMENT RECRUITMENT BONUS PAYMENT PROGRAM › Section 73B-12.003 - Annual Plan

Current through Reg. 50, No. 138; July 16, 2024
The Department will develop an annual plan for the
				  administration of the Program and distribution of bonus payments, as described
				  in Section  445.08(4), F.S.
				  The Department shall follow the annual plan for fiscal year 2022-2023 as
				  submitted to the Governor's Office of Policy and Budget and the chairs of the
				  House and Senate Appropriations Committees no later than July 16, 2022. For
				  fiscal years 2024 and 2025, DEO shall submit annual plans to the Governor's
				  Office of Policy and Budget and the chairs of the House and Senate
				  Appropriations Committees no later than October 1st of each
				  year.
Rulemaking Authority
					 445.08(8) FS.
					 Law Implemented 445.08
					 FS.
New 11-30-22.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-12 - LAW ENFORCEMENT RECRUITMENT BONUS PAYMENT PROGRAM › Section 73B-12.004 - Program Administration

Current through Reg. 50, No. 138; July 16, 2024
(1) A one-time
				recruitment bonus payment of up to $5, 000 may be made to a Newly Employed
				Officer, contingent on legislative appropriation. The initial recruitment bonus
				payment shall be based on the Department's estimate of Newly Employed Officers
				for each fiscal year and shall be prorated if necessary.
(2) The Department shall estimate the number
				of Newly Employed Officers to gain or be appointed to full-time employment for
				each applicable fiscal year. The Department shall obtain records from FDLE for
				the five previous years and will make the estimate based on the FDLE
				figures.
(3) The Department shall
				publish the annual plans and describe the following procedural steps on its
				website:
(a) Communication between the
				Commission, the Department, and Employing Agencies regarding the administration
				of the Program;
(b) The application
				and intake process;
(c) The
				methodology for DEO's review of applications;
(d) The issuance of recruitment bonus
				payments; and
(e) Acknowledgement
				of the eligibility and repayment requirements by Newly Employed
				Officers.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-12 - LAW ENFORCEMENT RECRUITMENT BONUS PAYMENT PROGRAM › Section 73B-12.005 - Audits

Current through Reg. 50, No. 138; July 16, 2024
The Department will conduct audits of payments made to Newly
				  Employed Officers to determine whether they remain eligible. These audits shall
				  include a review of copies of Affidavits of Separation of Newly Employed
				  Officers to be provided at least monthly to the Department by the
				  Commission.
Rulemaking Authority
					 445.08(8) FS.
					 Law Implemented 445.08
					 FS.
New 11-30-22.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-12 - LAW ENFORCEMENT RECRUITMENT BONUS PAYMENT PROGRAM › Section 73B-12.006 - Reimbursements

Current through Reg. 50, No. 138; July 16, 2024
(1) A recruitment bonus payment made pursuant
				to the Program must be reimbursed by the Law Enforcement Officer to the
				Department under either of the following circumstances:
(a) When the Law Enforcement Officer
				voluntarily separates from employment with an Employing Agency as indicated in
				the Law Enforcement Officer's Affidavit of Separation and has a break in
				service of more than 15 days as indicated in the Law Enforcement Officer's
				Global Profile Sheet maintained by FDLE.
(b) When the Law Enforcement Officer's
				separation reason is indicated under 7D, 7E, or 7F in the Affidavit of
				Separation.
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-20.001 - Applicability (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.151(4)(a), (b),
					 (d)
					 FS.
New 5-22-80, Formerly 38E-5.01, 38E-5.001, 60BB-5.001,
					 Amended 10-4-12, Repealed 12-6-16.
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-20.0011 - Scope and Purpose

Current through Reg. 50, No. 138; July 16, 2024
These rules are adopted to establish the procedures for
				  hearings before the Office of Appeals on appeals of determinations and
				  redeterminations as provided by the reemployment assistance law, and are
				  intended to maintain substantial compliance with standards and guidance for
				  such hearings as promulgated by the U.S. Department of Labor.
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.031,
					 443.151(4)(a), (b),
					 (d)
					 FS.
New 8-5-19.
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-20.002 - Persons Entitled to File Appeals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.151(4)(a), (b),
					 (d)
					 FS.
New 5-22-80, Formerly 38E-5.02, 38E-5.002, 60BB-5.002,
					 Repealed 12-6-16.
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-20.003 - Form of Appeal

Current through Reg. 50, No. 138; July 16, 2024
(1) A written statement
				that is responsive to and expresses disagreement with an adverse determination
				or redetermination shall constitute an appeal. A written statement that does
				not comply with this requirement is subject to dismissal as provided in Rule
				 73B-20.0221, F.A.C.
(2) The notice of appeal should include the
				following:
(a) The name, claimant
				identification number, and the last four digits of the social security account
				number of each claimant, if any, involved;
(b) The name and tax account number of each
				employer, if any, involved;
(c) The
				date, issue identification number, and subject matter of the
				determination;
(d) A concise
				statement of the reasons for disagreement with the determination;
(e) A concise statement of the reason the
				appeal is filed untimely, if applicable; and,
(f) Information related to the hearing,
				including: whether an interpreter is needed; whether a party will be
				represented and, if so, the telephone number of the representative; whether a
				party expects to call any witnesses and, if so, the telephone number(s) of the
				witness(es); and whether a party intends to use any documents or
				exhibits.
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-20.004 - Method of Filing an Appeal or Request to Reopen

Current through Reg. 50, No. 138; July 16, 2024
(1) Appeals or requests to reopen made
				pursuant to subsection
				 73B-20.017(4) 
				or  73B-20.022(1),
				F.A.C., may be filed with the Office of Appeals:
(a) Online via the Florida Department of
				Commerce RECONNECT system at
http://www.floridajobs.org/Reemployment-Assistance-Service-Center
or the Reemployment Assistance Help Center at
				https://FloridaJobs.org/RAHelpCenter. ;
(b) By facsimile (FAX),
				(850)617-6504;
(c) By mail, P.O.
				Box 5250, Tallahassee, FL 32399-5250; or
(d) By courier service or in person, Caldwell
				Building, MSC #347, 107 East Madison Street, Tallahassee, FL
				32399-4143.
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-20.005 - Computation of Time

Current through Reg. 50, No. 138; July 16, 2024
The following rules apply in computing any period of time
				  stated in days as prescribed by Section
				   443.151(3),
				  F.S., or allowed by this chapter.
(1)
				Days shall be counted beginning with the day following the date of the
				distribution or mailing of a determination, redetermination, order, decision,
				or notice. The last day of the period shall be counted unless it is a Saturday,
				Sunday, or holiday, in which event, the period shall run until the end of the
				next day that is not a Saturday, Sunday, or holiday. For the purpose of this
				section, "holiday" means:
(a) Those dates so
				designated by Section
				 110.117, F.S.;
(b) Any other day on which the offices of the
				Florida Department of Commerce are closed;
(c) Any other day on which the United States
				Postal Service is closed; and,
(d)
				Any other day covered by an order issued pursuant to Florida Rule of General
				Practice and Judicial Administration 2.205(a)(2)(B)(iv) that suspends, tolls,
				or otherwise grants relief from time deadlines for the area in which the
				appellant resides.
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-20.006 - Computation of Time (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority,
					 443.012(11) FS.
					 Law Implemented 443.151(4)(b)1., (d)
					 FS.
New 5-22-80, Formerly 38E-5.06, Amended 8-20-86, Formerly
					 38E-5.006, 60BB-5.006, Repealed 1-4-17.
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-20.007 - Late Filing of Appeals

Current through Reg. 50, No. 138; July 16, 2024
(1) If it appears
				that the appeal initiating the proceedings was not filed within the time
				allowed by law, the appeals referee shall notify the parties that timeliness of
				the appeal shall be one of the issues to be considered at the hearing, except
				as provided in section 443.151(4)(b)3., F.S.
(2) The appeals referee shall take evidence
				on and consider the issue of timeliness of the appeal first. If the referee
				finds that the appeal was not filed within the time allowed by law, it shall be
				dismissed. The dismissal decision shall be limited to findings of fact and a
				conclusion of law with respect to the timeliness issue.
(3) If the referee finds that the appeal was
				timely filed or reserves ruling as provided in subsection (4) of this rule,
				evidence shall then be taken with regard to the merits of the case, and the
				appeals referee's decision shall include findings of fact and conclusions of
				law with respect to both the timeliness issue and the merits of the
				appeal.
(4) Referees may reserve
				ruling on the issue of timeliness and proceed with the merits portion of the
				hearing when the late-filing party has made an initial showing that the appeal
				should be deemed timely.
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.151(3)(a), (4)(b)1., (d)
					 FS.
New 5-22-80, Formerly 38E-5.07, Amended 8-20-86, Formerly
					 38E-5.007, 60BB-5.007, Amended 10-4-12,
					 8-5-19.
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-20.008 - Representatives

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person compelled to appear, or who
				appears voluntarily, at any proceeding before an appeals referee may, at his or
				her own expense, be accompanied, represented or advised by an attorney or
				authorized representative.
(2) Any
				attorney or authorized representative who represents a claimant in any
				proceeding governed by these rules shall disclose orally on the record, or by
				post-hearing motion, the amount, if any, the claimant has agreed to pay for his
				or her services. The attorney or representative shall also disclose the hourly
				rate charged or other method used to compute the proposed fee and the nature
				and extent of the services rendered.
(3) The appeals referee shall approve, reduce
				or deny the proposed fee by written order which may be included in the decision
				upon the merits of the appeal.
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.041(2),
					 443.151(4)(d),
					 (7)
					 FS.
New 5-22-80, Formerly 38E-5.08, 38E-5.008, 60BB-5.008,
					 Amended 12-6-16.
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-20.009 - Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.041(2),
					 443.151(4)(d)
					 FS.
New 5-22-80, Formerly 38E-5.09, 38E-5.009, 60BB-5.009,
					 Repealed 1-4-17.
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-20.010 - Consolidation

Current through Reg. 50, No. 138; July 16, 2024
If there are separate appeals which involve the same factual
				  situation, similar issues of law or identity of parties, the Office of Appeals
				  may schedule a consolidated hearing for the purpose of taking evidence and
				  receiving argument with respect to all of the appeals; however, the Office of
				  Appeals shall not schedule a consolidated hearing if consolidation would
				  prejudice the rights of any party thereto. The Commission may also direct the
				  Office of Appeals to consolidate cases for the seasons set forth
				  above.
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.151(4)(a), (b),
					 (d)
					 FS.
New 5-22-80, Formerly 38E-5.10, 38E-5.010, 60BB-5.010,
					 Amended 8-5-19.
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-20.011 - Joinder of Parties

Current through Reg. 50, No. 138; July 16, 2024
If it appears that the determination of the rights of parties
				  in a proceeding governed by these rules shall involve a determination of the
				  substantial interests of persons who are not parties, the appeals referee may,
				  upon motion of any party of record or upon the referee's own motion, enter an
				  order requiring that the absent person be notified of the proceeding and be
				  given an opportunity to be joined as a party of record.
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.151(4)(d)
					 FS.
New 5-22-80, Formerly 38E-5.11, 38E-5.011,
					 60BB-20.011.
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-20.012 - Disqualification and Substitution of Appeals Referee

Current through Reg. 50, No. 138; July 16, 2024
(1) At any time prior to or during the course
				of a hearing governed by these rules, any party may move to disqualify the
				appeals referee on the grounds of bias, prejudice, or that the appeals referee
				is an interested party.
(2) A
				disqualification motion shall be made a part of the record and shall be heard
				by the appeals referee. The referee shall rule on the motion orally on the
				record or by written order which may be incorporated in the decision on the
				merits of the appeal.
(3) If,
				because of disqualification or any other reason, the appeals referee cannot
				complete disposition of an appeal, the case shall be assigned to a substitute
				referee. The substitute referee shall use any existing record and shall receive
				any additional evidence necessary to complete the
				proceedings.
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.151(4)(a),
					 (d)
					 FS.
New 5-22-80, Formerly 38E-5.12, 38E-5.012, 60BB-20.012,
					 Amended 12-6-16, 8-5-19.
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-20.013 - Substitution of Appeals Referee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.151(4)(a),
					 (d)
					 FS.
New 5-22-80, Formerly 38E-5.13, 38E-5.013, 60BB-20.013,
					 Repealed 1-4-17.
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-20.014 - Scheduling and Notice of Hearings

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Hearings shall be by telephone conference unless an in-person hearing is agreed
				upon by the parties and approved by the appeals referee. If an in-person
				hearing is held, it shall be conducted at one of the regularly established
				hearing locations.
(2) The Office
				of Appeals shall send notice of the hearing to all parties via electronic
				service to the parties' RECONNECT inbox or by U.S. Postal Service at least 10
				days prior to the date of the hearing. In proceedings to which the Florida
				Department of Commerce is a party, the notice shall be directed to the Director
				of the Division of Workforce Services in the Florida Department of Commerce or
				one or more of his or her designees. Whenever practicable, notices to employers
				shall be sent to both the employer's official address of record and to the job
				site where the claimant was employed. Notices shall also be sent to attorneys
				and representatives of record.
(3)
				The notice shall include or be accompanied by:
(a) A statement of the date, time, and place
				of the hearing;
(b) A statement of
				the legal authority and jurisdiction under which the hearing is to be
				held;
(c) A statement of the issues
				to be decided by the appeals referee with reference to the specific statutory
				or rule provisions involved. In the event that any party has not been provided
				a copy of the determination on appeal, a copy thereof shall be appended to such
				party's notice;
(d) A statement
				that a 24-hour advance call confirmation is required and that the parties'
				failure to call in as required by the notice of hearing may result in dismissal
				of the appeal or an unfavorable decision;
(e) A statement that failure to attend the
				hearing may result in a dismissal of the appeal or an unfavorable
				decision;
(f) A statement of the
				rules regarding requests for continuances and subpoenas;
(g) The address of the office to which all
				motions, requests, or other correspondence concerning the hearing should be
				directed;
(h) A Form UCA Bulletin
				6E, Appeals Information, Rev. 04/19,
https://www.flrules.org/Gateway/reference.asp?No=Ref-10874
;
				Form UCA Bulletin 6S, Información sobre Apelaciones, Rev. 04/19,
https://www.flrules.org/Gateway/reference.asp?No=Ref-10875
;
				or Form UCA Bulletin 6C, Enfòmasyon Dapèl, Rev. 04/19,
https://www.flrules.org/Gateway/reference.asp?No=Ref-10876
;
				incorporated herein by reference, and available at the Department's website,
www.floridajobs.org/RAforms
;
				and,
(i) Copies of the significant
				documents from the official file.
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-20.015 - Service of Written and Other Physical Evidence

Current through Reg. 50, No. 138; July 16, 2024
(1) If any party wishes to submit written or
				other physical evidence, that party must arrange for delivery of copies to the
				appeals referee and other parties at least 24 hours prior to the scheduled date
				and time of hearing. If the hearing is scheduled for a Monday or a day
				following a holiday, the preceding Saturday and Sunday or the preceding holiday
				will be excluded from the calculation of the 24-hour period. The 24-hour period
				will presumptively provide the party against whom the evidence is offered a
				reasonable opportunity to review such evidence prior to the hearing pursuant to
				section 443.151(4)(b)5.c.I., F.S. Documents that have not been provided in this
				manner may not be considered by the appeals referee, absent waiver.
(2) Waiver. If the party submitting written
				or other physical evidence to be considered fails to provide the evidence to
				all parties and the appeals referee at least 24 hours prior to the scheduled
				hearing time, and all parties to whom the evidence was not properly provided
				appear at the hearing, the referee shall inquire whether such parties are
				willing to waive their rights set forth in subsection (1). If the appeals
				referee obtains informed and intelligent consent from all parties to whom the
				evidence was not properly provided, the referee may proceed to consider the
				evidence.
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.151(4)(b),
					 (d)
					 FS.
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 10-4-12, 9-8-15,
					 8-5-19.
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-20.016 - Continuances

Current through Reg. 50, No. 138; July 16, 2024
(1) The appeals referee shall, upon request
				of a party or upon the referee's own motion, continue a hearing for good
				cause.
(2) Requests for continuance
				shall state the reasons therefor and must be made either in writing prior to
				the hearing or orally on the record at the hearing. A party may request a
				continuance prior to the hearing by completing the Request for Continuance form
				(A200(E) (English), Office of Appeals Request for Continuance, 11/18,
https://www.flrules.org/Gateway/reference.asp?No=Ref-10846
;
				A200(S) (Spanish), Oficina de Apelaciones Solicitud de Aplazamiento, 11/18,
https://www.flrules.org/Gateway/reference.asp?No=Ref-10847
;
				A200(C) (Creole), Biwo Apèl Demann Pou Kontinyasyon, 11/18,
https://www.flrules.org/Gateway/reference.asp?No=Ref-10848
),
				incorporated herein by reference, available at
www.floridajobs.org/RAforms
. A
				continuance request may be submitted by facsimile (FAX), (850)617-6504; courier
				service or in person, Caldwell Building, MSC #347, 107 East Madison Street,
				Tallahassee FL 32399-4143; mail, P.O. Box 5250, Tallahassee, FL 32399-5250; or
				online via the RECONNECT system or the Reemployment Assistance Help Center at
				https://FloridaJobs.org/RAHelpCenter.
(3) Upon receipt of a continuance request
				prior to the scheduled date of the hearing, the appeals referee or appeals
				magistrate shall immediately consider it and provide written notice of the
				ruling to the parties.
(a) If granted, the
				appeals referee or appeals magistrate shall notify the parties of the
				rescheduled hearing date in the manner prescribed by these rules.
(b) If denied, the appeals referee shall
				proceed in accordance with these rules.
(c) If it does not appear that the parties
				will receive the written ruling on the request prior to the scheduled date of
				the hearing, the referee shall, nevertheless, mail the ruling or provide
				electronic notice via the parties' RECONNECT inbox, but also convene the
				hearing and notify any parties in attendance of the ruling. If the request is
				granted, the referee shall adjourn; if it is denied, the referee shall
				proceed.
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-20.017 - Nonappearance of Parties

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as
				provided in rule  73B-20.016, F.A.C., the appeals
				referee may, notwithstanding failure of a party to appear, proceed with the
				hearing.
(2) Failure of the
				appellant to appear at the hearing shall constitute grounds for dismissal of
				the appeal.
(3) Any party to a
				hearing must call the Office of Appeals at least 24 hours before the scheduled
				hearing to confirm attendance and provide a telephone number where the party
				can be reached at the time of the hearing. Failure of the appellant to complete
				the advance confirmation call as required will be treated as failure to appear
				and may result in dismissal of the appeal. Failure of the appellee to complete
				the advance confirmation call may be treated as a failure to appear and may
				result in an unfavorable decision.
(4) Upon written request of the appellant to
				reopen the hearing or upon the referee's own motion, the appeals referee shall
				for good cause shown for nonappearance rescind a dismissal decision and reopen
				the appeal. Upon written request of the appellee to reopen the hearing or upon
				the referee's own motion, the appeals referee shall for good cause shown for
				nonappearance rescind a decision and reopen the appeal if the appellee did not
				appear at the last scheduled hearing and the referee has entered a decision
				adverse to the appellee. The appeals referee shall have the authority to reopen
				an appeal under this rule provided that the request has been filed or motion
				entered within 20 days of rendition of the decision.
(a) A threshold issue to be decided at the
				hearing held to consider reopening an appeal shall be whether there is a good
				cause for proceeding with an additional hearing. If good cause is found, the
				appeals referee shall proceed on the merits. If good cause is not found, the
				referee shall reinstate the decision. The referee shall have no further
				authority with respect to a reinstated decision; however, any party or other
				person entitled by law to do so may file an appeal of the reinstated decision
				in accordance with chapter 73B-21, F.A.C. Referees may reserve ruling on the
				issue of nonappearance and proceed with the merits portion of the hearing when
				the nonappearing party has made an initial showing of good cause for
				nonappearance.
(b) Denial without
				hearing of a request to reopen an appeal shall be in writing. The requesting
				party may appeal the denial by filing an appeal with the Reemployment
				Assistance Appeals Commission in the manner set forth in chapter 73B-21,
				F.A.C.
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-20.018 - Discovery

Current through Reg. 50, No. 138; July 16, 2024
Parties may obtain discovery through the means and in the
				  manner provided in Rules 1.280 through 1.390, Florida Rules of Civil Procedure.
				  The appeals referee may issue appropriate orders to effectuate the purposes of
				  discovery and to prevent delay, including orders shortening the period of time
				  during which any act is to be performed.
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.151(4)(d)
					 FS.
New 5-22-80, Formerly 38E-5.18, 38E-5.018,
					 60BB-5.018.
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-20.019 - Subpoenas

Current through Reg. 50, No. 138; July 16, 2024
(1) Subpoenas requiring the attendance of
				witnesses or production of records, files and memoranda from any place in the
				state at any designated place of hearing before the appeals referee for the
				purpose of taking the testimony of such witnesses or inspection of documents
				may be obtained upon written application of any party of record or upon the
				referee's own motion. The application for subpoena shall state the full name
				and address of the witness for whom the subpoena is to be issued and the time
				and place for the witness to appear. Requests for subpoenas duces tecum must
				describe with particularity the documents to be brought by the witness. The
				application must be delivered to the office of the referee sufficiently in
				advance of the scheduled date of the hearing to allow service prior to the
				hearing.
(a) A subpoena may be served by any
				person authorized by law to serve process or by any other person who is not a
				party and who is of majority age. Service may be made by a party's attorney or
				representative.
(b) Service of a
				subpoena on behalf of a party other than a claimant for benefits shall not be
				effective unless delivery of the subpoena to the person named therein is
				accompanied by tender of the fee for one day's attendance and the mileage
				allowed by law.
(c) Proof of
				personal service shall be made by affidavit of the person making service if not
				served by an officer authorized by law to do so. If service is made by
				certified mail, the returned postal service receipt shall be proof of
				service.
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-20.020 - Witness Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.041(2)(a),
					 443.151(4)(d)
					 FS.
New 5-22-80, Formerly 38E-5.20, 38E-5.020, 60BB-5.020,
					 Repealed 1-4-17.
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-20.021 - Investigation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 443.012(11) FS.
					 Law Implemented 443.151(4)(a), (b),
					 (d),
					 443.171(5), (6)
					 FS.
New 5-22-80, Formerly 38E-5.21, Amended 8-20-86, Formerly
					 38E-5.021, 60BB-5.021, Repealed 12-6-16.