Fla. Admin. Code Ann. R. 73B-20.025 - 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.

1. Where a finding is based solely on hearsay, the appeals referee shall set forth the rationale by which the evidence was determined to be admissible in accordance with Sections 443.151(4)(b)5.c.(I) and (II), F.S.

2. 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. If the referee finds the parties equally credible, or that no party is credible, the referee shall so state and resolve the issues based on which party bears the burden of proof.

(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) Notwithstanding subsection (3), and in lieu of the dismissal procedures under Rule 73B-20.0221, F.A.C., the referee may render a decision that summarily affirms the determination under review if the referee finds that the appellant has not expressed disagreement at the hearing with the determination's resolution of the issue(s) under review.

(5) A copy of the decision shall be distributed by electronic correspondence in each party's RECONNECT inbox. Notice of the decision shall also be distributed in accordance with the party's preferred method of receiving Department correspondence as elected by the party in the RECONNECT system. If a party elects to receive correspondence by U.S. mail, a copy of the decision shall be mailed to the party's address of record. If a party elects to receive correspondence by email, notice that a decision has been distributed to the party's RECONNECT inbox shall be emailed to the party's email address of record. Copies of the decision shall also be mailed, by U.S. mail, to any attorney or representative who has established an address of record and furnished to the offices of the Florida Department of Commerce 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 Reemployment Assistance Appeals Commission.

(6) 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 distributed/mailed to each of the parties at the address listed on the decision on the date certified.

Notes

Fla. Admin. Code Ann. R. 73B-20.025

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

New 5-22-80, Formerly 38E-5.25, Amended 8-20-86, Formerly 38E-5.025, Amended 3-11-12, Formerly 60BB-5.025, Amended by Florida Register Volume 41, Number 165, August 25, 2015 effective 9/8/2015, Amended by Florida Register Volume 45, Number 142, July 23, 2019 effective 8/5/2019, Amended by Florida Register Volume 49, Number 020, January 31, 2023 effective 2/15/2023.

New 5-22-80, Formerly 38E-5.25, Amended 8-20-86, Formerly 38E-5.025, Amended 3-11-12, Formerly 60BB-5.025, Amended 9-8-15, 8-5-19, 2-15-23.