Fla. Admin. Code Ann. R. 73B-20.0221 - Dismissal

(1) In addition to the grounds for dismissal otherwise established in this chapter, an appeals referee may dismiss an appeal prior to an evidentiary hearing if the appeal is not responsive to or does not express disagreement with a determination or redetermination as required by subsection 73B-20.003(1), F.A.C.

(a) Within 20 days of the dismissal, an appellant may file a request to reopen the matter and an amended notice of appeal that complies with the requirements of subsection 73B-20.003(1), F.A.C. The appellant must exhaust this remedy before appealing to the Reemployment Assistance Appeals Commission as provided under subsection (3) of this rule.

(b) If an appellant timely files a request to reopen and an amended notice of appeal that complies with subsection 73B-20.003(1), F.A.C., the appeals referee must reopen the appeal and proceed as otherwise established by this chapter. If such request to reopen and amended notice are untimely filed, the referee must reopen the appeal and first address the threshold issue of the timeliness of the reopening request in accordance with the procedures in Rule 73B-20.007, F.A.C.

(c) If the amended notice of appeal does not comply with subsection 73B-20.003(1), F.A.C., an appeals referee shall deny the request to reopen.

(2) Unless subsection (1) is applicable, an appeals referee may dismiss an appeal at any time during the appeal proceedings, if it is apparent that:

(a) The appealed determination is not adverse to the appellant;

(b) The appeal was docketed in error;

(c) There is no disputed issue to be decided;

(d) The matter is moot; or

(e) The appealed determination is defective and requires redetermination or was issued in error.

(3) A decision to dismiss an appeal or deny a request to reopen issued under this rule must be in writing and specify the grounds for the decision. Except as provided by paragraph (1)(a), a dismissal or denial to reopen is appealable to the Reemployment Assistance Appeals Commission as prescribed by Section 443.151(4)(c), F.S., and Chapter 73B-21, F.A.C.

Notes

Fla. Admin. Code Ann. R. 73B-20.0221

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b)1., (b)3., (d) FS.

Adopted by Florida Register Volume 49, Number 020, January 31, 2023 effective 2/15/2023.

New 2-15-23.