
    Gerard C. CUSSON, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, and Brevard County School Board, Appellee.
    No. 1D05-4266.
    District Court of Appeal of Florida, First District.
    Dec. 22, 2006.
    Gerard C. Cusson, pro se, Appellant.
    John D. Maher, Deputy General Counsel, Unemployment Appeals Commission, Tallahassee, for Appellee.
   PER CURIAM.

Appellant appeals from the final order of the Unemployment Appeals Commission (UAC). The UAC’s final order upheld the appeals referee’s decision to dismiss appellant’s administrative appeal, pursuant to Rule 60BB-5.007(2), Florida Administrative Code. This dismissal was based upon the referee’s finding that the appeal was not timely filed. Because the record contains competent substantial evidence supporting the referee’s determination that the appeal was filed untimely, dismissal of the appeal was appropriate. Accordingly, we affirm the final order of the UAC.

AFFIRMED.

POLSTON and HAWKES, JJ., CONCUR; WEBSTER, J. DISSENTS WITH OPINION.

WEBSTER, J.,

dissenting.

In this appeal from an adverse final order of the Unemployment Appeals Commission, appellant, who is not represented by an attorney, challenges the finding made by the appeals referee that his appeal from the decision of the adjudicator had not been timely. The majority affirms because it concludes that the appeals referee’s finding is supported by competent substantial evidence. The record does not include a transcript of the evidentiary hearing held before the appeals referee. The majority has refused to afford appellant an opportunity to supplement the record with a transcript of that hearing. Because our decision in Contrera v. Florida Unemployment Appeals Commission, 894 So.2d 269 (Fla. 1st DCA 2004), requires that we afford appellant such an opportunity before we decide the merits of his appeal, I dissent.  