Florida Regulations 73B-21.003: Filing an Appeal
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(1) Any person who is entitled by law to notice of an appeals referee’s decision may file an appeal of that decision within 20 calendar days after the mailing of notice of the appeals referee’s decision to the parties at their last known addresses or, if not mailed, within 20 calendar days after the date of delivery of such notice.
(2) Appeals filed to the locations specified in Fl. Admin. Code R. 73B-21.002, by mail are filed when postmarked by the United States Postal Service. Appeals filed at the locations specified in Fl. Admin. Code R. 73B-21.002, by hand delivery, courier service, or facsimile (FAX) are filed when date stamped at the authorized location. Appeals filed through the Department website as provided in Fl. Admin. Code R. 73B-21.002, shall be considered to have been filed on the date the confirmation number is issued.
(3) An appeal delivered in person or by facsimile transmission will be date stamped by a Commission or Florida Department of Commerce employee on the date hand delivered or the date placed on the document by the Department or Commission fax system. The Internet filing system shall post on the appeal the date the confirmation number is issued and the appeal was successfully received by the system.
(4) In computing any period of time prescribed or allowed by these rules, the date of rendition of a decision, order, notice, or the filing of an appeal from which a designated period of time begins to run shall not be counted. The last day of the period shall be counted unless it is a Saturday, Sunday or holiday, in which event, the period shall run until the end of the next day that is not a Saturday, Sunday or holiday. As used in this rule, holiday means:
(a) Those dates so designated by the Florida Statutes § 110.117;
(b) Any other day on which the Office of the Clerk of the Commission is closed; and,
(c) Any other day on which the United States Postal Service is closed.
(5) An application for review which is not filed within the time allowed by law shall be dismissed by the Commission for lack of jurisdiction. The dismissal decision shall be limited to findings of fact and a conclusion of law regarding the timeliness of the application for review.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(4)(b), (c), (d) FS. History-New 5-22-80, Formerly 38E-2.03, Amended 8-20-86, 1-5-93, 8-7-01, Formerly 38E-2.003, 60BB-6.003, Amended 11-1-12, 12-6-16.
Terms Used In Florida Regulations 73B-21.003
- 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:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) An appeal delivered in person or by facsimile transmission will be date stamped by a Commission or Florida Department of Commerce employee on the date hand delivered or the date placed on the document by the Department or Commission fax system. The Internet filing system shall post on the appeal the date the confirmation number is issued and the appeal was successfully received by the system.
(4) In computing any period of time prescribed or allowed by these rules, the date of rendition of a decision, order, notice, or the filing of an appeal from which a designated period of time begins to run shall not be counted. The last day of the period shall be counted unless it is a Saturday, Sunday or holiday, in which event, the period shall run until the end of the next day that is not a Saturday, Sunday or holiday. As used in this rule, holiday means:
(a) Those dates so designated by the Florida Statutes § 110.117;
(b) Any other day on which the Office of the Clerk of the Commission is closed; and,
(c) Any other day on which the United States Postal Service is closed.
(5) An application for review which is not filed within the time allowed by law shall be dismissed by the Commission for lack of jurisdiction. The dismissal decision shall be limited to findings of fact and a conclusion of law regarding the timeliness of the application for review.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.151(4)(b), (c), (d) FS. History-New 5-22-80, Formerly 38E-2.03, Amended 8-20-86, 1-5-93, 8-7-01, Formerly 38E-2.003, 60BB-6.003, Amended 11-1-12, 12-6-16.