Florida Administrative Code

(1) 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; if made during the hearing, it must be entered orally on the record. If approved, the refe…

(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 …

(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 in…

(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 part…

(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 stat…

(1) An appeals referee may correct errors in a decision after the decision has been distributed/mailed as follows: (a) Where the correction is solely of a clerical nature and does not change, and is not reasonably interpreted to change, the substantive outcome of the prior decisi…

(1) A copy of a decision, notice of hearing, or any other written correspondence provided by the Florida Department of Commerce pursuant to this chapter will be distributed by electronic correspondence in each party's RECONNECT inbox. In addition, if a party has elected in the RE…

Except as provided by subsection 73B-20.017(4) and Rule 73B-20.022, F.A.C., if the Office of Appeals receives a written communication from a party which expresses disagreement with or otherwise indicates a desire to appeal a decision, the Office of Appeals shall immediately forwa…

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History-New 5-22-80, Formerly 38E-2.01, 38E-2.001, 60BB-6.001, Repealed 12-6-16.

(1) A written appeal statement that is responsive to and expresses disagreement with an adverse referee's decision shall be accepted as an appeal. The written appeal statement should include any allegation(s) of error with respect to the referee's decision and/or the proceedings …

(1) Appeals may be filed with the Commission: (a) Online at https://raaciap.floridajobs.org; (b) By facsimile (FAX), (850)488-2123; or (c) By mail, courier service, or in-person, 1211 Governors Square Boulevard, Suite 300, Tallahassee, FL 32301. (2) If an appeal is submitted to t…

The following rules apply in computing any period of time stated in days as prescribed by Section 443.151(4)(b)6., F.S., or allowed by this chapter. (1) Periods of time shall be calculated in consecutive calendar days. (2) Days shall be counted beginning with the day following th…

(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…

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b), (d) FS. History-New 5-22-80, Formerly 38E-2.04, Amended 8-20-86, Formerly 38E-2.004, 60BB-6.004, Repealed 1-4-17.

(1) All interested parties shall be notified in writing of the pendency of review by the Commission. (2) A copy of all briefs, motions, documents and correspondence filed with the Commission shall be served by the filing party on the opposing party or parties. Briefs, motions, do…

(1) In proceedings before the Commission, a party may represent himself or herself, or be represented by an authorized representative. (2) Unless notification of continued representation is filed with the Commission, a party's representative in proceedings before an appeals refer…

No party to the proceeding or any person who has a direct or indirect interest in the proceeding shall communicate with the Commission members concerning the merits of the appeal unless all parties are present or have waived their right to be present. Rulemaking Authority 443.012…

(1) The Commission shall review the appeals referee's decision to determine: whether the fairness of the proceedings or the correctness of the decision may have been impaired by a material error in procedure; whether the findings of fact are supported by competent, substantial ev…

(1) The contents of the record on appeal before the Commission shall consist of: (a) The official record that was before the appeals referee, including: 1. All notices, pleadings, motions, intermediate rulings, and evidence received or considered by the appeals referee or other h…

(1) Any party may file a brief setting forth the party's position and argument in support thereof. The appellant's brief shall be filed with the Commission and served on the appellee within 15 days of the filing of the appeal. An answer brief shall be filed within 15 days after s…

Notwithstanding subsection 73B-21.008(2), F.A.C., the Commission can consider supplemental evidence under the circumstances as set forth in this rule. Any evidence considered under this rule will be marked as an exhibit and moved into the record. (1) Newly Discovered Evidence. (a…

(1) By written decision, the Commission shall affirm, modify, or reverse the referee's decision, or shall remand the matter to the appeals referee with instructions. (2) A copy of the order shall be mailed to the last known address of each of the parties or their representatives.…

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History-New 5-22-80, Formerly 38E-3.01, 38E-3.001, 60BB-7.001, Repealed 12-6-16.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History-New 5-22-80, Formerly 38E-3.02, Amended 8-20-86, Formerly 38E-3.002, 60BB-7.002, Transferred to 73B-21.008.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History-New 5-22-80, Formerly 38E-3.03, Amended 8-20-86, 1-5-93, Formerly 38E-3.003, 60BB-7.003, Amended 10-4-12, Transferred to 73B-21.009.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History-New 5-22-80, Formerly 38E-3.04, Amended 8-20-86, Formerly 38E-3.004, 60BB-7.004, Transferred to 73B-21.010.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History-New 5-22-80, Formerly 38E-3.05, Amended 8-20-86, Formerly 38E-3.005, 60BB-7.005, Transferred to 73B-21.011.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History-New 5-22-80, Formerly 38E-3.06, Formerly 38E-3.006, 60BB-7.006, Repealed 1-4-17.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History-New 5-22-80, Formerly 38E-3.07, Amended 8-20-86, 8-7-01, Formerly 38E-3.007, 60BB-7.007, Transferred to 73B-21.012.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.012(12), 443.151(4)(c)-(e) FS. History-New 5-22-80, Formerly 38E-3.08, Amended 8-20-86, Formerly 38E-3.008, 60BB-7.008, Repealed 6-6-24.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c)-(e) FS. History-New 5-22-80, Formerly 38E-3.09, Amended 10-5-86, 1-5-93, Formerly 38E-3.009, 60BB-7.009, Amended 10-4-12, 12-6-16, Repealed 6-6-24.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c)-(e) FS. History-New 5-22-80, Formerly 38E-3.10, Amended 8-20-86, Formerly 38E-3.010, 60BB-7.010, Repealed 1-4-17.

Rulemaking Authority 413.801(10) FS. Law Implemented 413.801 FS. History-New 12-11-16, Transferred to 65G-16.002.

(1) Definitions. For purposes of this rule, the following definitions apply. (a) "Applicant" means an individual that is seeking a tuition grant under the Program. (b) "Application" means the Everglades Restoration Agricultural Community Employment and Training Program Tuition Gr…

For the purpose of this rule, the following definitions apply: (1) "CFR" means the Code of Federal Regulations. (2) "Chief Local Elected Official" means chief elected official as defined in WIOA section 3(9). (3) "Department" means the Florida Department of Economic Opportunity. …

(1) Each Local Board must, in partnership with the appropriate Chief Local Elected Official(s), develop and submit a comprehensive four-year Local Workforce Plan to the Department in accordance with WIOA section 108 and 20 CFR 679.550. (2) At the end of the first two-year period …

(1) The Local Workforce Plan must identify and describe the strategies, policies, procedures, operations, and local activities that are carried out in the Local Area, consistent with the State Plan. (2) The contents of the Local Workforce Plan must align with the federal requirem…

The Local Board will submit the Local Workforce Plan to the Department in accordance with local plan-related administrative policies and/or instructions issued by the Department. The administrative policies and/or instructions will include the key dates and deadlines the Local Bo…

(1) The Department will review the completed Local Workforce Plan, including plan modifications. The Local Workforce Plan will be reviewed for completeness and adherence to local plan development, content, and submission requirements. (2) The Department will notify the Local Boar…

The terms and phrases defined herein and used throughout section 288.7102, F.S., and chapter 73C-1, F.A.C., apply only during the fiscal year in which a Certified Applicant receives an award of funds under the Program. Terms and phrases not defined by statute or rule shall be con…

(1) This chapter applies to any Applicant, as defined in rule 73C-1.001, F.A.C., that is seeking to receive funds under the Program. An Applicant shall submit an Application for Certification or an Application for Recertification to the Department during the Application Period. T…

In addition to the requirements set forth in section 288.7102, F.S., and this chapter, a Recipient must meet the performance conditions provided for in the agreement it enters into with the Department in order to remain qualified to receive funds under the Program. Any award of f…

Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History-New 10-4-10, Formerly 27M-4.001, Repealed by Section 1(10), Chapter 2009-13, Laws of Florida.

Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History-New 10-4-10, Formerly 27M-4.002, Repealed by Section 1(10), Chapter 2009-13, Laws of Florida.

Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History-New 10-4-10, Formerly 27M-4.003, Repealed by Section 1(10), Chapter 2009-13, Laws of Florida.

Rulemaking Authority 120.53, 163.03(3) FS. Law Implemented 120.53, 163.03(3) FS. History-New 11-8-82, Amended 2-29-84, Formerly 73C-21.02, Amended 10-23-89, 7-13-94, 12-17-95, 1-19-98, Formerly 9B-22.002, Repealed by Section 86, Chapter 2012-96, Laws of Florida, 4-6-12.

Rulemaking Authority 120.53, 163.03(3) FS. Law Implemented 163.03(3)(d) FS. History-New 11-8-82, Amended 2-29-84, Formerly 73C-21.04, Amended 10-23-89, 7-13-94, 12-17-95, Formerly 9B-22.004, Repealed by Section 86, Chapter 2012-96, Laws of Florida, 4-6-12.

Rulemaking Authority 120.53, 163.03(3) FS. Law Implemented 163.03(3)(d) FS. History-New 11-8-82, Amended 2-29-84, Formerly 73C-21.06, Amended 10-23-89, 7-13-94, 12-17-95, 1-19-98, Formerly 9B-22.006, Repealed by Section 86, Chapter 2012-96, Laws of Florida, 4-6-12.

Rulemaking Authority 120.53, 163.03(3) FS. Law Implemented 163.03(3)(d) FS. History-New 11-8-82, Amended 2-29-84, Formerly 73C-21.07, Amended 10-23-89, 7-13-94, 12-17-95, 1-19-98, Formerly 9B-22.007, Repealed by Section 86, Chapter 2012-96, Laws of Florida, 4-6-12.

Rulemaking Authority 120.53, 163.03(3) FS. Law Implemented 163.03(3)(d) FS. History-New 11-8-82, Amended 2-29-84, Formerly 73C-21.08, Amended 10-23-89, 7-13-94, 12-17-95, Formerly 9B-22.008, Repealed by Section 86, Chapter 2012-96, Laws of Florida, 4-6-12.