Soler v. Reemployment Assistance Appeals Commission

I concur in the result, but I write to reaffirm two exceptions to the procedural default rule relied upon by the majority (dismissal based on the twenty day administrative appeal period, Florida Administrative Code Rule 38E-3.006). I disagree with the majority that the rule has “no good cause exceptions.” One exception is a due process exception, applicable when a claimant establishes that the decision itself was not timely mailed, that an incorrect address was used, or that the claimant never received the adverse decision. Brumm v. Unemployment App. Comm’n, 680 So.2d 1123 (Fla. 1st DCA…