CHAPTER 60BB-5
This is an unofficial version of the Appeals Referees Rules. For the official rules, see Florida Administrative Code Chapter 60BB-5. (Note: Replaces FAC 38E-5.)
60BB-5.001 Applicability.
These rules shall govern all unemployment compensation proceedings conducted by appeals referees. These rules in whole or part shall also govern all other proceedings conducted by appeals referees unless specifically provided otherwise by state or federal law or regulation.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(4)(a), (b), (d), 443.171(11)(a) FS. History– New 5-22-80, Formerly 38E-5.01, Formerly 38E-5.001.
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60BB-5.002 Persons Entitled to File Appeals.
Any person entitled by law to notice of a determination or redetermination issued pursuant to Section 443.151(3), Florida Statutes, whose substantial interest is adversely affected thereby may file an appeal from that determination or redetermination.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.52(12), 443.151(4)(b), (d) FS. History–New 5-22-80, Formerly 38E-5.02, Formerly 38E-5.002.
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60BB-5.003 Form of Appeal.
(1) Any legible written notice filed in accordance with these rules which expresses disagreement with or otherwise indicates a desire to appeal a determination or redetermination shall constitute an appeal.
(2) Any person entitled to file an appeal may obtain a printed appeal form (AWI-A100, Notice of Appeal), Rev. 4/01, incorporated herein by reference, at any of the locations listed in subsections 60BB-5.004(1), (2), and (3), F.A.C., and at any location providing unemployment claim information. Use of the form is not mandatory; however, whatever instrument is used, it shall include the following information:
(a) The name and social security account number of each claimant, if any, involved;
(b) The name of each employer, if any, involved;
(c) The date and subject matter of the determination; and
(d) A brief statement of the reasons for disagreement with the determination.
(3) Failure to include all of the information listed in subsection (2) will not constitute cause for rejection of the appeal, but may result in unnecessary delay in processing the appeal and scheduling it for hearing.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(4)(b), (d) FS. History–New 5-22-80, Formerly 38E-5.03, Amended 8-20-86, 8-7-01, Formerly 38E-5.003.
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60BB-5.004 Place for Filing Appeal.
Appeals may be filed at one of the following locations:
(1) Any of the unemployment claim adjudication offices operated by the Agency for Workforce Innovation;
(2) The central Office of Appeals (Office of Appeals, MSC 347 Caldwell Building, 107 East Madison Street, Tallahassee, Florida 32399-4143) or district appeals referee offices maintained by the Office of Appeals;
(3) The Unemployment Appeals Commission; and
(4) Any unemployment compensation office located outside the State of Florida.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.04, Amended 8-20-86, 8-7-01, Formerly 38E-5.004.
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60BB-5.005 Time for Filing Appeal.
(1) The appeal shall be filed within 20 calendar days of the date the determination or redetermination was mailed to the appellant’s last known address or, in the absence of mailing, the date of delivery to the appellant.
(2) The appeal shall be filed by mailing the appeal document to any of the locations designated in Rule 60BB-5.004, F.A.C.; by facsimile transmission of the appeal document to any location designated in subsections 60BB-5.004(1), (2), and (3), F.A.C.; or by hand delivery of the appeal document to any location designated in subsections 60BB-5.004(2), (3), and (4), F.A.C.
(3) Appeals filed by mail shall be considered to have been filed when postmarked by the United States Postal Service. Appeals filed by hand delivery or facsimile shall be considered to have been filed when date stamped received at the authorized location.
(4) Upon receipt of an appeal delivered in person or by facsimile transmission, the Commission, Agency for Workforce Innovation, or Office of Appeals employee shall record the date of receipt on the appeal document.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(3)(a), (4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.05, Amended 8-20-86, 3-1-98, 8-7-01, Formerly 38E-5.005.
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60BB-5.006 Computation of Time.
(1) In computing any period of time prescribed or allowed by these rules, the date of the issuance of a determination, redetermination, order, decision or notice shall not be counted. 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.
(2) For the purpose of this section, "holiday" means:
(a) Those dates so designated by Section 110.117, Florida Statutes;
(b) Any other day on which the offices of the Agency for Workforce Innovation are closed; and
(c) Any other day on which the United States Postal Service is closed.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.06, Amended 8-20-86, Formerly 38E-5.006.
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60BB-5.007 Late Filing of Appeals.
(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.
(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, 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.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(3)(a), (4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.07, Amended 8-20-86, Formerly 38E-5.007.
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60BB-5.008 Appearances.
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.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.62(2), 443.041(2)(a), 443.151(4)(d), (7) FS. History–New 5-22-80, Formerly 38E-5.08, Formerly 38E-5.008.
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60BB-5.009 Fees.
(1) 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.
(2) 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.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.041(2), 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.09, Formerly 38E-5.009.
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60BB-5.010 Consolidation.
If there are separate appeals which involve the same factual situation, similar issues of law or identity of parties, the appeals referee may schedule a consolidated hearing for the purpose of taking evidence and receiving argument with respect to all of the appeals; however, the referee shall not schedule a consolidated hearing if consolidation would prejudice the rights of any party thereto.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.10, Formerly 38E-5.010.
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60BB-5.011 Joinder of Parties.
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.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.57(1)(b), 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.11, Formerly 38E-5.011.
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60BB-5.012 Disqualification of Appeals Referee.
(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 for any of the reasons set forth in Sections 120.665(1) and 443.151(4)(a), Florida Statutes.
(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.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.665, 443.151(4)(a), (d) FS. History–New 5-22-80, Formerly 38E-5.12, Formerly 38E-5.012.
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60BB-5.013 Substitution of Appeals Referee.
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.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.57(1)(a), 443.151(4)(a), (d) FS. History–New 5-22-80, Formerly 38E-5.13, Formerly 38E-5.013.
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60BB-5.014 Scheduling of Hearings.
(1) Hearings shall be held at those regularly established hearing locations convenient to the interested parties or by telephone. If the parties agree to an in person hearing, however, the appeals referee shall conduct an in person hearing at one of the regularly established hearing locations.
(2) Where the appeals referee schedules a hearing to be conducted by telephone conference, copies of the significant documents from the official file shall be provided to each party prior to the date of hearing. 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 prior to the scheduled date of hearing. Documents which are not available to all parties or their representatives and the public at the time of hearing may not be considered by the appeals referee, absent waiver.
(3) Any member of the public wishing to attend a telephone hearing and inspect documents may do so at the location of the appeals referee.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.14, Amended 10-5-86, 3-11-99, Formerly 38E-5.014.
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60BB-5.015 Notice of Hearing.
(1) The appeals referee shall mail notice of the hearing to all parties at least 10 days prior to the date of the hearing. In proceedings to which the Agency for Workforce Innovation is a party, the notice shall be directed to the Director of the Agency for Workforce Innovation. Whenever practicable, notices to employers shall be mailed to both the employer’s official address of record and to the job site where the claimant was employed. Notices shall also be provided to attorneys and representatives of record.
(2) 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 failure to attend may result in a decision in favor of the other side;
(e) A statement of the rules regarding requests for continuances and subpoenas; and
(f) The address of the office to which all motions, requests of other correspondence concerning the hearing should be directed.
(3) Waiver. If the appeals referee fails to provide notice in the manner set forth in this section, or if the notice provided is defective in any other way, and all improperly noticed parties nevertheless appear at the hearing, the referee shall inquire whether such parties are willing to waive their rights set forth in subsections (1) and (2). If the appeals referee obtains informed and intelligent consent from all parties who were not properly noticed, the referee may proceed with the hearing. If any party refuses to consent to waiver, the referee shall continue the hearing and provide proper notice of the rescheduled hearing to all parties.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.569(2)(b), 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Amended 11-30-81, 5-22-83, Formerly 38E-5.15, Amended 8-20-86, Formerly 38E-5.015.
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60BB-5.016 Continuances.
(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.
(3) Upon receipt of a continuance request prior to the scheduled date of the hearing, the appeals referee shall immediately consider it and provide written notice of the referee’s ruling to the parties.
(a) If granted, the appeals referee 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 appeals referee’s written ruling on the request prior to the scheduled date of the hearing, the referee shall, nevertheless, mail the ruling, 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.
(4) If a continuance request is made during the course of a hearing, the appeals referee shall enter the ruling on the motion into the record and then proceed or adjourn.
(5) If subsequent to hearing, but prior to rendition of decision, the appeals referee decides that additional hearing is necessary, the parties shall be so advised in writing.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.16, Formerly 38E-5.016.
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60BB-5.017 Nonappearance of Parties.
(1) Except as provided in Rule 60BB-5.016, 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) Upon written request of the appellant or upon the referee’s own motion, the appeals referee shall for good cause rescind a dismissal decision and reopen the appeal. Upon written request of the appellee or upon the referee’s own motion, the appeals referee shall for good cause 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 Chapters 60BB-6 and 60BB-7, F.A.C.
(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 Unemployment Appeals Commission in the manner set forth in Chapters 60BB-6 and 60BB-7, F.A.C.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.17, Amended 8-20-86, 3-1-98, Formerly 38E-5.017.
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60BB-5.018 Discovery.
Parties may obtain discovery through the means and in the manner provided in Rules 1.280 through 1.400, 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.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.569(2)(f), 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.18, Formerly 38E-5.018.
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60BB-5.019 Subpoenas.
(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.
(2) Any person subject to a subpoena may, for any of the grounds set forth in Section 120.569(2)(k)1., Florida Statutes, file with the appeals referee a motion to quash or limit the scope of the subpoena. The motion must be made sufficiently in advance of the date set for compliance with the subpoena to allow the referee to rule on the motion and provide notice to the parties of the ruling. If the referee’s written ruling is not received prior to the date set for compliance, the moving party shall appear at the designated time and place prepared to comply with the subpoena, provided that the moving party shall be entitled to an oral ruling on the motion entered into the record at the inception of the hearing.
(3) If a person fails to comply with a subpoena, the party requesting the subpoena may seek enforcement by filing a petition for enforcement pursuant to Section 120.569(2)(k)2., Florida Statutes, in the circuit court of the judicial circuit wherein the person in noncompliance resides.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.569(2), 443.151(4)(d), 443.171(8), (9) FS. History–New 5-22-80, Formerly 38E-5.19, Amended 8-20-86, Formerly 38E-5.019.
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60BB-5.020 Witness Fees.
(1) Any public employee subpoenaed to appear before an appeals referee who is required to travel beyond the immediate vicinity of his or her headquarters shall be entitled to reimbursement for per diem and travel expenses at the rate provided in Section 112.061, Florida Statutes. The voucher for reimbursement shall be processed in accordance with state law.
(2) All other witnesses, except parties, who are subpoenaed to appear before an appeals referee shall be entitled to a witness fee and mileage allowance as provided in civil actions in the circuit courts of this state.
(a) Fees for witnesses subpoenaed on behalf of the Agency for Workforce Innovation or any claimant for benefits shall be paid from the Employment Security Administration Trust Fund upon submission by the appeals referee of a voucher for reimbursement.
(b) Fees for witnesses subpoenaed on behalf of all other parties shall accompany the subpoena.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.569(2)(k)3., 443.041(2)(a), 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.20, Formerly 38E-5.020.
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60BB-5.021 Investigation.
Whenever it appears necessary for disposition of an appeal, the appeals referee shall direct the Agency for Workforce Innovation to conduct an investigation, inquiry, payroll audit or other examination. Hearings on appeal shall be continued pending completion of the investigation. All parties shall be entitled to inspect, cross-examine and offer rebuttal to any evidence contained in a report of any investigation directed by the referee.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(4)(a), (b), (d), 443.171(7), (8) FS. History– New 5-22-80, Formerly 38E-5.21, Amended 8-20-86, Formerly 38E-5.021.
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60BB-5.022 Withdrawal.
The appellant may with the approval of the appeals referee withdraw the appeal prior to or at the hearing. If the withdrawal request is made prior to the hearing, it must be in writing and signed by the appellant; if made during the hearing, it must be entered orally on the record. If approved, the referee shall issue a written decision dismissing the appeal; provided, however, the appellant may request reopening of the appeal within 20 days of the date of issuance of the dismissal decision. The referee shall act upon such a request in the manner set forth in Rule 60BB-5.017, F.A.C., regarding reopening the appeals dismissed for nonappearance of the appellant. Notwithstanding those provisions, however, a withdrawn appeal shall be reopened only upon showing that the withdrawal request was made as a result of misinformation from or coercion by the appellee or an employee of the Agency for Workforce Innovation.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(4)(b)2., (d) FS. History–New 5-22-80, Formerly 38E-5.22, Formerly 38E-5.022.
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60BB-5.023 Independence of Appeals Referees; Ex Parte Communications Prohibited.
(1) In the conduct of hearings and rendering of decisions in proceedings under these rules, the appeals referee shall act as an impartial, independent hearing officer free from any outside influence.
(2) No party to a proceeding or any other person who has a direct or indirect interest in a proceeding or any attorney or representative of such person or any public officer or employee shall communicate by any means with the appeals referee assigned to the appeal concerning the merits of the appeal unless all parties are present or have waived their right to be present.
(3) An appeals referee who has received a communication proscribed by subsection (2), or who has received a threat or offer of reward by any person with respect to the conduct or outcome of a proceeding, shall place upon the record all written communications received, all written responses to such communications and a memorandum stating the substance of all oral communications received and all oral responses made. If the communication was received subsequent to the hearing, the referee shall notify the parties of the matters made a part of the record and advise the parties that they may within 10 days file a request for additional hearing to rebut the communication. If the referee deems it necessary to eliminate the effect of the communication, the referee shall withdraw and a substitute shall be assigned in accordance with Rule 60BB-5.013, F.A.C.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.66, 443.151(4)(a), (d) FS. History–New 5-22-80, Formerly 38E-5.23, Formerly 38E-5.023.
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60BB-5.024 Conduct of the Hearing.
(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) The appeals referee shall review the issues presented and set forth the procedures to be followed during the hearing.
(3) 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 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 and shall examine or cross-examine any witness as is necessary to properly develop the record.
(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. Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonable persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding of fact unless it would be admissible over objection in civil actions. A party or the party’s representative may 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. Failure of a party to voice an objection to any evidence introduced at the hearing shall not prevent the party from raising the objection on appeal to the Unemployment Appeals Commission.
(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.
(4) Prior to the close of the hearing, the appeals referee shall give each party a reasonable amount of time for closing argument.
(5) All parties may submit briefs to the appeals referee at the hearing. A party may request permission to submit a brief subsequent to the hearing within a reasonable time set by the referee; however, the referee shall not delay rendition of the decision for a period of time which would constitute an undue burden on any party.
(6) Preservation of testimony. The proceedings shall be mechanically recorded by the appeals referee or by a court reporter under the supervision of the referee. The recording of the testimony shall be placed in the official record and shall be preserved for at least 120 days from the date of the decision of the referee, unless review by the Unemployment Appeals Commission is initiated; in which case the recording shall be preserved for a period of at least 120 days from the date of the Commission’s final order. If the recording is transcribed for purposes of administrative or judicial review, it shall constitute the official transcript of the proceedings.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.569(2), 120,57(1), 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.24, Amended 8-20-86, Formerly 38E-5.024.
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60BB-5.025 Decision.
(1) Upon conclusion of the hearing the appeals referee shall render and submit to the parties a written decision.
(2) The decision shall be based solely upon matters contained in the official record.
(3) The decision shall include, but not be limited to, the following:
(a) A statement of the referee’s jurisdiction;
(b) A statement of the issues;
(c) Findings of fact necessary for resolution of the issues. Findings based upon stipulation of the parties or matters officially recognized by the referee shall be so designated;
(d) An analysis of the findings including a concise and explicit statement of the underlying evidence in the record which supports the findings. If confronted with conflicting evidence with respect to a disputed issue of fact, the finding of which is determinative of the outcome of the appeal, the appeals referee shall acknowledge such conflict and set forth the rationale by which the conflict was resolved;
(e) Conclusions of law accompanied by reference to the operative findings of fact and the specific provisions of the statutory and decisional law from which the conclusions were drawn.
(f) The ultimate decision which sets forth the action to be taken.
(4) A copy of the decision shall be mailed to the address of record of each of the parties or their attorneys or representatives of record, if any, by regular U. S. Mail. Copies of the decision shall also be furnished to the offices of the Agency for Workforce Innovation which have an interest in the proceedings. The decision shall advise the parties of their right to and the means by which an appeal of the decision may be filed with the Unemployment Appeals Commission.
(5) The appeals referee or the referee’s designated clerk shall complete, sign and affix to the decision a certificate stating that the decision was filed and copies were mailed to each of the parties at the address listed on the decision on the date certified.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 120.569, 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.25, Amended 8-20-86, Formerly 38E-5.025.
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60BB-5.026 Post Decision Communications.
(1) At any time prior to the filing of an appeal, the appeals referee may issue a corrected decision to eliminate any clerical errors contained therein, but the referee shall not make any changes which effect the substantial interest of any party.
(2) This section does not supercede the provisions regarding dismissal decisions entered pursuant to Rules 60BB-5.017 and 60BB-5.022, F.A.C.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(4)(a)-(d) FS. History–New 5-22-80, Formerly 38E-5.26, Amended 8-20-86, Formerly 38E-5.026.
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60BB-5.027 Appeal to the Unemployment Appeals Commission.
If the appeals referee receives a written communication from a party which expresses disagreement with or otherwise indicates a desire to appeal a decision, the referee shall immediately forward it to the Unemployment Appeals Commission. This section does not supercede the provisions regarding dismissal decisions entered pursuant to Rules 60BB- 5.017 and 60BB-5.022, F.A.C.
Specific Authority 120.80(10)(a)1., 443.012(3), (11), 443.151(4)(d) FS. Law Implemented 443.151(4)(c)-(d) FS. History–New 5-22-80, Formerly 38E-5.27, Amended 8-20-86, Formerly 38E-5.027.
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