ITEM 16B | THE INITIAL CLAIM AND HEARING PROCESS
Once the claimant has established monetary eligibility for a claim, DEO must determine whether the claimant is disqualified for any reason and whether the claimant meets weekly eligibility criteria. Section 443.101, Florida Statutes, lists reasons for disqualifying a claimant for benefits. The most common reasons for denial are that the claimant quit work for personal reasons and that the claimant was fired for workplace misconduct. Section 443.091, Florida Statutes, lists the weekly eligibility criteria for continuation of benefits; failure to demonstrate adequate efforts to find work is the criterion most commonly left unmet. DEO’s determination is final unless the claimant or employer asks the Office for a hearing. The request must be made within 20 days of the date DEO mails its determination. A party may request a hearing online at www.floridajobs.org/job-seekers-community-services/reemployment-assistance-center/file-an-appeal. An appeal information booklet and hearing notice will be sent to the parties or will be available on-line when the appeal is filed. Both documents should be read carefully.
An “appeal hearing” is like a trial: The parties present evidence, which may include witness testimony, documents, photographs, and recordings (audio or video), and a party may ask questions of the opposing party and of any witnesses. The evidence will either support or rebut the asserted basis for the determination on review (e.g., the claimant would present evidence at an appeal hearing to rebut a determination that he or she did not qualify for benefits because of a voluntary quitting or a termination for workplace misconduct). After the hearing, an “appeals referee” will prepare a written decision and send it to the parties. The written decision is final unless a party seeks review by the Commission within 20 days of the date the decision was mailed. The referee’s decision will explain the methods for filing an appeal with the Commission.
When the Commission reviews the appeal referee’s decision, it will rely on the evidence presented at the appeal hearing. The Commission generally does not conduct a second hearing. Instead, the Commission reviews the record to determine whether the hearing was fair and procedures were followed, whether there is competent, substantial evidence to support the facts stated by the appeals referee, and whether the referee’s legal conclusions are correct. The Commission may send the case back to the appeals referee to take additional evidence. After completing its review, the Commission will issue an order that affirms, modifies, or reverses the appeals referee’s decision, or that sends the case back (“remands”) with instructions for further review. The clerk of the Commission will mail a copy of that order to the parties. The Commission’s order is the end of the administrative stage in reemployment assistance cases. In other words, at this point, only a district court of appeal can review the Commission’s decision.
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
