CYR
v.
REEMPLOYMENT ASSISTANCE APPEALS COMMISSION
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An administrative appeals referee lacks jurisdiction to hear an appeal from a reemployment assistance determination that is not filed within the twenty-day statutory deadline.
[1] An administrative appeals referee lacks subject matter jurisdiction to hear an appeal from a reemployment assistance determination filed after the expiration of the statu…
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Join FLexlaw to unlock all legal intelligenceJessica Cyr appealed a reemployment assistance determination but filed her administrative appeal outside the twenty-day period required by Florida law…
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February 14, 2024 PER CURIAM.
We affirm the order of the Reemployment Assistance Appeals Commission dismissing Appellant’s administrative appeal as untimely. See § 443.151(4)(b)1., Fla. Stat. (2022) (allowing twenty days for filing appeal); Stuart v. Fla. Unemployment Appeals Comm’n, 961 So. 2d 1020, 1021 (Fla. 1st DCA 2007) (“[T]he appeals referee does not have jurisdiction to hear an untimely appeal.”); see also Fla. Admin. Code 73B-20.007(2) (“If the referee finds that the appeal was not filed within the time allowed by law, it shall be dismissed.”).
AFFIRMED. LEWIS, RAY, and KELSEY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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- Stuart v. Fla. Unemployment Appeals Comm'n & Rent Way Inc., 961 So. 2d 1020 (Fla. 1st DCA 2007)