Florida Regulations 73B-1.007: Appeal and Review of RWB Decisions by the State
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(1) This section applies to appeals of RWB decisions filed with DEO.
(2) Within five (5) working days of receipt of an appeal notice, the DEO agency head or his or her designee shall notify each party that an appeal has been filed. Each party shall have fifteen (15) calendar days from the date of the notice to submit written argument and provide supporting documentation. Only unaltered, verbatim transcripts of the original hearing evidence and other proof introduced at the initial hearing will be considered for purposes of the appeal.
(3) Subject to Florida Statutes § 57.081, the party submitting the transcript shall bear all expenses of the transcription and deliver a copy of the transcript to the agency head and the opposing party. If a stenographer authorized to administer oaths has not recorded the proceedings and prepared the transcript, an exact copy of the tape recording, video, or other recording must also be delivered to the agency head and the parties, along with the transcript. The party submitting the transcript and the recording must include a certification that the transcript is verbatim and the recording is of the entire proceeding and has not been altered. The agency head will not consider a transcript when the foregoing procedure has not been followed.
(4) A party desiring exemption from the subsection (3), above, shall file a certification of indigency as prescribed in Florida Statutes § 57.081 The certification shall be filed with Department of Economic Opportunity, Agency Clerk, Office of the General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida 32399-4128.
(5) Upon receipt of the certification, the Agency Clerk shall obtain the transcript from the RWB.
(6) Agency decisions shall be issued as follows:
(a) Based upon the review of the record, the agency head or his or her designee shall issue a decision within sixty (60) calendar days of receipt of the request for review.
(b) Except a decision shall be issued within 30 calendar days of receipt of a complaint or grievance related to WtW activies that involves: gender discrimination, as prescribed in 20 C.F.R. § 645.255(b); health and safety standards established under State and Federal laws that are applicable to similarly employed employees, of the same employer, who are not participants in WtW programs, as prescribed at 20 C.F.R. § 645.260; or displacement of WtW participants or regular employees, as prescribed at 20 C.F.R. § 645.265.
Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History-New 4-3-02, Formerly 60BB-1.007.
Terms Used In Florida Regulations 73B-1.007
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(3) Subject to Florida Statutes § 57.081, the party submitting the transcript shall bear all expenses of the transcription and deliver a copy of the transcript to the agency head and the opposing party. If a stenographer authorized to administer oaths has not recorded the proceedings and prepared the transcript, an exact copy of the tape recording, video, or other recording must also be delivered to the agency head and the parties, along with the transcript. The party submitting the transcript and the recording must include a certification that the transcript is verbatim and the recording is of the entire proceeding and has not been altered. The agency head will not consider a transcript when the foregoing procedure has not been followed.
(4) A party desiring exemption from the subsection (3), above, shall file a certification of indigency as prescribed in Florida Statutes § 57.081 The certification shall be filed with Department of Economic Opportunity, Agency Clerk, Office of the General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida 32399-4128.
(5) Upon receipt of the certification, the Agency Clerk shall obtain the transcript from the RWB.
(6) Agency decisions shall be issued as follows:
(a) Based upon the review of the record, the agency head or his or her designee shall issue a decision within sixty (60) calendar days of receipt of the request for review.
(b) Except a decision shall be issued within 30 calendar days of receipt of a complaint or grievance related to WtW activies that involves: gender discrimination, as prescribed in 20 C.F.R. § 645.255(b); health and safety standards established under State and Federal laws that are applicable to similarly employed employees, of the same employer, who are not participants in WtW programs, as prescribed at 20 C.F.R. § 645.260; or displacement of WtW participants or regular employees, as prescribed at 20 C.F.R. § 645.265.
Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History-New 4-3-02, Formerly 60BB-1.007.