Docket No. 2007-5252L 2 of 2

PETITIONER:
Employer Account No
BAILEY'S TRUCKING INC.

PROTEST OF LIABILITY

DOCKET NO. 2007-5252L
RESPONDENT:
State of Florida
Agency for Workforce Innovation
c/o Department of Revenue

ORDER

This matter comes before me for final Agency Order.

The issue is whether the Petitioner filed a timely protest to the Respondent’s determination of October 10, 2006. The Petitioner’s protest letter dated January 19, 2007, was received by the Department of Revenue and forwarded to the Agency for Workforce Innovation, Office of Unemployment Compensation Appeals. An Order to Show Cause mailed February 2, 2007, provided 15 calendar days for the Petitioner to file a written statement explaining why the protest should be considered timely. No response was received. Upon reviewing the case file and in the absence of a response to the Order to Show Cause, I conclude that the protest was not filed within the time permitted by Rule 60BB-2.035(5), Florida Administrative Code.

In consideration thereof, it is hereby ORDERED that the Petitioner’s protest to the determination dated October 10, 2006, is dismissed due to lack of jurisdiction.

DONE and ORDERED at Tallahassee, Florida, this _____ day of March, 2007.

Tom Clendenning
Deputy Director
Agency for Workforce Innovation
PETITIONER:
Employer Account No. - 2311448
BAILEYS TRUCKING INC

PROTEST OF LIABILITY

DOCKET NO. 2007-5252L

RESPONDENT:
State of Florida
Agency for Workforce Innovation
c/o Department of Revenue

ORDER TO SHOW CAUSE

The Petitioner is directed to show cause why the Deputy Director should not dismiss the petition for lack of jurisdiction pursuant to Section 443.141(2)(c), Florida Statutes as well as Rules 60BB-2.035(3); 60BB-2.022(5), (7), and (8), Florida Administrative Code.

The Petitioner is directed to file a written statement within fifteen (15) calendar days of the mailing date of this Order, explaining why the protest should not be dismissed for lack of jurisdiction. The statement is to specifically address the issue of whether the protest was filed within the time limit allowed by law.

Attached for consideration by the Petitioner are the following:

1.  Letter of determination dated October 10, 2006,

2.  Letter of protest dated January 19, 2007, and

3.  Envelope in which letter of protest was received, postmarked January 19, 2007.

Done and ordered on February 5, 2007 at Tallahassee, FL.

This is to certify that this Order to Show Cause was sent to the last known address of each interested party on or before February 2, 2007. / Rose O'Leary, Special Deputy
/ /
Office of Appeals
/ /
FAX: (850) 921-3925

Copies mailed to:

Petitioner

Respondent: Department of Revenue, Field Operations

Administrator, Employer Registration