Pagliaro v. Penske Auto Centers, Inc.

Guy Pagliaro challenges an order of the Unemployment Appeals Commission (UAC) dismissing his appeal as untimely. Because there is substantial, competent evidence in the record to support the dismissal, we affirm.

Section 443.151(4)(b)(3), Florida Statutes (1999), requires that appeals be filed within twenty days of the mailing date of the referee’s order. However, when a claimant alleges facts which would excuse untimeliness and the record supports such allegations, district courts, in order to ensure due process, have reversed for an evidentiary hearing to consider the circumstances…