Florida Regulations 73B-11.017: Nonmonetary Determinations
Current as of: 2024 | Check for updates
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(1) Investigation of Issues. The Department will investigate all issues that may affect a claimant’s benefits. The Department will make a reasonable attempt to contact all parties and obtain facts necessary to resolve nonmonetary issues. Contact methods include, but are not limited to, telephone, mail, and e-mail. If it is determined that the claimant has satisfied the terms of a potential disqualification that would otherwise be imposed, no investigation need be conducted. However, a determination will be made pursuant to Fl. Admin. Code R. 73B-11.018, regarding charges to the employer’s account.
(2) Parties Entitled to Notice of Determination. Determinations will be issued to all parties entitled to notice.
(a) Claimants. A claimant is entitled to notice of any determination affecting his or her benefits.
(b) Employers. Pursuant to Florida Statutes § 443.151(3), an employer entitled to notice is the employer:
1. From which the separation occurred, when job separation is the issue;
2. That offered work to the claimant; when failure to accept work is the issue;
3. Directly involved in the dispute, at whose factory, establishment or other premises the claimant is or was employed, when labor dispute is the issue;
4. By or on behalf of which such remuneration was paid, when wages in lieu of notice, severance pay, retirement income, workers’ compensation or other remuneration is the issue;
5. Directly involved, when false or fraudulent representation to obtain or to increase benefits is the issue; or
6. Directly involved, when employment status, fraud, or overpayment resulting from improperly reported work or earnings is the issue.
Rulemaking Authority 443.1317(1)(b), 443.151(3)(c) FS. Law Implemented 443.091, 443.101, 443.151(3) FS. History-New 8-25-92, Formerly 38B-3.017, Amended 8-14-08, Formerly 60BB-3.017, Amended 10-25-15.
Terms Used In Florida Regulations 73B-11.017
- Fraud: Intentional deception resulting in injury to another.
(a) Claimants. A claimant is entitled to notice of any determination affecting his or her benefits.
(b) Employers. Pursuant to Florida Statutes § 443.151(3), an employer entitled to notice is the employer:
1. From which the separation occurred, when job separation is the issue;
2. That offered work to the claimant; when failure to accept work is the issue;
3. Directly involved in the dispute, at whose factory, establishment or other premises the claimant is or was employed, when labor dispute is the issue;
4. By or on behalf of which such remuneration was paid, when wages in lieu of notice, severance pay, retirement income, workers’ compensation or other remuneration is the issue;
5. Directly involved, when false or fraudulent representation to obtain or to increase benefits is the issue; or
6. Directly involved, when employment status, fraud, or overpayment resulting from improperly reported work or earnings is the issue.
Rulemaking Authority 443.1317(1)(b), 443.151(3)(c) FS. Law Implemented 443.091, 443.101, 443.151(3) FS. History-New 8-25-92, Formerly 38B-3.017, Amended 8-14-08, Formerly 60BB-3.017, Amended 10-25-15.