Florida Regulations 73B-20.007: Late Filing of Appeals
Current as of: 2024 | Check for updates
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(1) If it appears that the appeal initiating the proceedings was not filed within the time allowed by law, the appeals referee shall notify the parties that timeliness of the appeal shall be one of the issues to be considered at the hearing, except as provided in section 443.151(4)(b)3., F.S.
(2) The appeals referee shall take evidence on and consider the issue of timeliness of the appeal first. If the referee finds that the appeal was not filed within the time allowed by law, it shall be dismissed. The dismissal decision shall be limited to findings of fact and a conclusion of law with respect to the timeliness issue.
(3) If the referee finds that the appeal was timely filed or reserves ruling as provided in subsection (4) of this rule, evidence shall then be taken with regard to the merits of the case, and the appeals referee’s decision shall include findings of fact and conclusions of law with respect to both the timeliness issue and the merits of the appeal.
(4) Referees may reserve ruling on the issue of timeliness and proceed with the merits portion of the hearing when the late-filing party has made an initial showing that the appeal should be deemed timely.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(3)(a), (4)(b)1., (d) FS. History-New 5-22-80, Formerly 38E-5.07, Amended 8-20-86, Formerly 38E-5.007, 60BB-5.007, Amended 10-4-12, 8-5-19.
Terms Used In Florida Regulations 73B-20.007
- 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.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
(3) If the referee finds that the appeal was timely filed or reserves ruling as provided in subsection (4) of this rule, evidence shall then be taken with regard to the merits of the case, and the appeals referee’s decision shall include findings of fact and conclusions of law with respect to both the timeliness issue and the merits of the appeal.
(4) Referees may reserve ruling on the issue of timeliness and proceed with the merits portion of the hearing when the late-filing party has made an initial showing that the appeal should be deemed timely.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(3)(a), (4)(b)1., (d) FS. History-New 5-22-80, Formerly 38E-5.07, Amended 8-20-86, Formerly 38E-5.007, 60BB-5.007, Amended 10-4-12, 8-5-19.