RICHARD E. VOLK, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND GULF ATLANTIC MANAGEMENT GROUP, INC., APPELLEES
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The court reversed the Unemployment Appeals Commission's decision because it improperly reweighed evidence and substituted its own findings for the appeals referee's findings, which were supported by competent, substantial evidence.
An administrative agency may not reject an administrative hearing officer's findings of fact if those findings are supported by competent, substantial evidence in the record.
[1] An administrative agency may not reject a hearing officer's findings of fact that are supported by competent, substantial evidence in the record, though it may reject con…
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Join FLexlaw to unlock all legal intelligence“neither an administrative agency nor a reviewing court may reject an administrative hearing officer's findings of fact as long as those findings are supported by competent, substantial evidence in the record”
Establishing the standard of review for administrative agency decisions regarding hearing officer findings
Richard E. Volk appealed an Unemployment Appeals Commission order that reversed an appeals referee's decision awarding him unemployment benefits.…
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SHAHOOD, Judge.
Appellant, Richard E. Volk, seeks review of an Unemployment Appeals Commission (UAC) order reversing an appeals referee’s decision which held that Volk was entitled to benefits. We reverse and remand with directions to reinstate the decision of the appeals referee.
The UAC’s standard of review of the appeals referee’s decision is whether the referee’s findings of fact were based on competent, substantial evidence in the record and whether the proceedings on which the findings were based complied with the essential requirements of the law. Maynard v. Florida Unemployment Appeals Comm’n, 609 So. 2d 143,144-45 (Fla. 4th DCA 1992) (citing Alies v. Department of Professional Regulation, Constr. Indus. Licensing Bd., 423 So. 2d 624, 625-26 (Fla. 5th DCA 1982)). Thus, while an agency may reject conclusions of law without limitation, neither an administrative agency nor a reviewing court may reject an administrative hearing officer’s findings of fact as long as those findings are supported by competent, substantial evidence in the record. Id. at 145.
Here, we conclude that the commission erroneously reweighed the evidence and substituted its findings for the appeals referee’s in spite of the latter’s findings being supported by competent, substantial evidence.
Reversed and remanded with directions to reinstate the appeals referee’s decision.
GLICKSTEIN and POLEN, JJ., concur.
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Webb v. Rice, 693 So. 2d 1109 (Fla. 3d DCA 1997)…orted by competent substantial evidence. The Commission improperly reweighed the evidence and reversed the referee’s decision. See Freddo v. Unemployment Appeals Comm’n, 685 So. 2d 874 (Fla. 2d DCA 1996); Volk v. Florida Unemployment Appeals Comm’n, 673 So. 2d 574 (Fla. 4th DCA 1996); Barreto v. Taco Bell Corp., 661 So. 2d 874 (Fla. 3d DCA 1995); Livingston, 656 So. 2d at 500; Kan v. P.G. Cook Assoc., 566 So. 2d 932 (Fla. 3d DCA 1990). Accordingly, we reverse the Commission’s order. Reversed and remanded. .…
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Miller v. Fla. Unemployment Appeals Comm'n & Range Sys. Eng'g Support Co., 768 So. 2d 1218 (Fla. 4th DCA 2000)…ort Company (Range Systems) with good cause. We reverse. The UAC’s standard of review of a referee’s findings of fact is whether the findings are based on “competent, substantial evidence in the record.” Volk v. Florida Unemployment Appeals Comm’n, 673 So. 2d 574 (Fla. 4th DCA 1996). The UAC may not reject a referee’s findings if they are so supported. See Lowry v. Unemployment Appeals Comm’n, 702 So. 2d 645 (Fla. 4th DCA 1997). This is because “[a]s trier of fact, the referee is responsible for weighing and…
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Vanek v. Unemployment Appeals Comm'n, 842 So. 2d 312 (Fla. 5th DCA 2003)…Fla. 4th DCA 1998); Verner v. Unemployment Appeals Com’n, 474 So. 2d 909 (Fla. 2d DCA 1985). If there was competent, substantial evidence to support the referee’s finding, the UAC should have affirmed. See Volk v. Florida Unemployment Appeals Com’n, 673 So. 2d 574 (Fla. 4th DCA 1996) (holding that “while an agency may reject conclusions of law without limitation, neither an administrative agency nor a reviewing court may reject an administrative hearing officer’s findings of fact as long as those findings are…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Maynard v. Fla. Unemployment Appeals Comm'n & Neighborhood Variety Stores, Inc., 609 So. 2d 143 (Fla. 4th DCA 1992)
- State v. Liscio, 423 So. 2d 624 (Fla. 4th DCA 1982)