Fla. Admin. Code Ann. R. 73B-21.0032 - Dismissal

(1) An appeal which is not filed within the time allowed by law shall be dismissed by the Commission for lack of jurisdiction. Prior to dismissing an appeal for untimeliness, a party shall have the opportunity to explain the reason for the untimely appeal and/or establish a legal basis for the Commission to exercise jurisdiction. The Commission may issue an order to show cause and consider the appellant's response, if timely filed.

(2) In addition to the ground for dismissal set forth in subsection (1), the Commission may dismiss an appeal if:

(a) The appeal is not responsive to or does not express disagreement with a referee's decision as required by subsection 73B-21.002(1), F.A.C.;

(b) The appealed referee's decision is not adverse to the appellant;

(c) The appeal was docketed in error;

(d) There is no disputed issue to be decided; or

(e) The matter is moot.

(3) A dismissal order issued pursuant to this rule shall be in writing and specify the grounds for dismissal.

Notes

Fla. Admin. Code Ann. R. 73B-21.0032

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

Adopted by Florida Register Volume 50, Number 100, May 21, 2024 effective 6/6/2024.

New 6-6-24.