Florida Regulations 73B-21.009: Record on Appeal to the Commission
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(1) The contents of the record on appeal to the Commission shall consist only of:
(a) All notices, pleadings, motions, intermediate rulings, and evidence received or considered by the appeals referee or other hearing officer, as well as all proffers of proof, objections and rulings thereon;
(b) All department memoranda or data submitted to the appeals referee or other hearing officer, provided that such memoranda or data were submitted prior to disposition of the appeal, after notice of the submission to all parties;
(c) All matters placed upon the record after an ex parte communication pursuant to Florida Statutes § 120.66(2);
(d) The audio recording of the proceedings made by or under the supervision of the appeals referee or other hearing officer;
(e) The decision of the appeals referee or special examiner, if any;
(f) The notice of docketing of the appeal of the referee’s decision by the Reemployment Assistance Appeals Commission, or the order of the Commission removing the proceedings to itself or initiating review upon its own motion;
(g) Newly discovered evidence accepted by the Commission as meeting the requirements of Fl. Admin. Code R. 73B-21.011
(2) Copies of the Record.
(a) Copies of the record or portions thereof may be obtained by parties or their representatives upon written request.
(b) Parties, other than claimants, shall be required to pay a duplication charge not in excess of actual cost.
(c) A timely motion for extension of time to file a brief, when filed in conjunction with a request for the record, or portions thereof, will be granted.
Rulemaking Authority Florida Statutes § 443.012(11). 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, Formerly 73B-22.003.
Terms Used In Florida Regulations 73B-21.009
- 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.
- 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.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(b) All department memoranda or data submitted to the appeals referee or other hearing officer, provided that such memoranda or data were submitted prior to disposition of the appeal, after notice of the submission to all parties;
(c) All matters placed upon the record after an ex parte communication pursuant to Florida Statutes § 120.66(2);
(d) The audio recording of the proceedings made by or under the supervision of the appeals referee or other hearing officer;
(e) The decision of the appeals referee or special examiner, if any;
(f) The notice of docketing of the appeal of the referee’s decision by the Reemployment Assistance Appeals Commission, or the order of the Commission removing the proceedings to itself or initiating review upon its own motion;
(g) Newly discovered evidence accepted by the Commission as meeting the requirements of Fl. Admin. Code R. 73B-21.011
(2) Copies of the Record.
(a) Copies of the record or portions thereof may be obtained by parties or their representatives upon written request.
(b) Parties, other than claimants, shall be required to pay a duplication charge not in excess of actual cost.
(c) A timely motion for extension of time to file a brief, when filed in conjunction with a request for the record, or portions thereof, will be granted.
Rulemaking Authority Florida Statutes § 443.012(11). 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, Formerly 73B-22.003.