Fla. Admin. Code Ann. R. 73B-20.014 - Scheduling and Notice of Hearings

(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.

(4) Waiver. If the Office of Appeals 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)-(3). 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.

(5) Any member of the public wishing to listen to a telephone hearing and inspect documents may do so by contacting the Office of Appeals at MSC 347, 107 E. Madison Street, Tallahassee, Florida 32399-4143 or the appeals office to which the case is assigned.

Notes

Fla. Admin. Code Ann. R. 73B-20.014

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS.

New 5-22-80, Formerly 38E-5.14, Amended 10-5-86, 3-11-99, Formerly 38E-5.014, Amended 3-11-12, Formerly 60BB-5.014, Amended by Florida Register Volume 45, Number 142, July 23, 2019 effective 8/5/2019.

New 5-22-80, Formerly 38E-5.14, Amended 10-5-86, 3-11-99, Formerly 38E-5.014, Amended 3-11-12, Formerly 60BB-5.014, Amended 8-5-19.