Florida Regulations 65-2.042: Applicant/Recipient Fair Hearings
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The Department of Children and Families, hereinafter referred to as Department, is required to provide notice and an opportunity of a hearing to any applicant or recipient when the Department’s action, intended action or failure to act would adversely affect the individual’s or family’s eligibility for an amount or type of financial assistance, medical assistance, social services, Temporary Assistance of Needy Families (TANF), or Supplemental Nutrition Assistance Program (SNAP) benefits, or where action on a claim for such assistance or services is unreasonably delayed.
(1) The hearings covered by Fl. Admin. Code R. 65-2.042, et seq., are those within the Department of Children and Families in the execution of those social and economic programs administered by the former Division of Family Services of the Department of Health and Rehabilitative Services prior to the reorganization effected by Chapter 75-48, Laws of Florida.
(2) Parties in any Florida Statutes § 120.569, proceedings are agencies and appellants. Party includes the Agency.
(3) Hearing officer shall mean the individual presiding over the hearing. The hearings will be conducted by a hearing officer from the Office of Appeal Hearings, which is within the Office of Inspector General.
(4) All parties shall be entitled to receive notice of hearings, conferences and decisions of the Department and those other rights afforded by Florida Statutes Chapter 120
(5) When staff personnel and others appear as witnesses, the staff and others shall be sworn and subject to examination and cross-examination.
(6) These hearings are conducted in accordance with Fl. Admin. Code R. 65-2.042, et seq., and the Uniform Rules of Procedure, Fl. Admin. Code Chapter 28-106 The Department has been granted exceptions to complying with certain Uniform Rules by the Administration Commission.
(a) An exception was granted for Fl. Admin. Code R. 28-106.104, Filing. The Department relies upon Fl. Admin. Code R. 65-2.045, Hearings Request.
(b) An exception was granted for Fl. Admin. Code R. 28-106.105, Appearances. The Department relies upon Fl. Admin. Code R. 65-2.058, Appearances.
(c) An exception was granted for Fl. Admin. Code R. 28-106.106, Who May Appear; Criteria for Qualified Representatives. The Department relies upon Fl. Admin. Code R. 65-2.058, Appearances.
(d) An exception was granted for Fl. Admin. Code R. 28-106.107, Standards of Conduct for Qualified Representatives. The Department relies upon Fl. Admin. Code R. 65-2.058, Appearances.
(e) An exception was granted to Fl. Admin. Code R. 28-106.109, Notice to Interested Parties. There is no substitute for this rule.
(f) An exception was granted to Fl. Admin. Code R. 28-106.111, Point of Entry into Proceedings and Mediation. The Department relies upon Fl. Admin. Code R. 65-2.043, Hearing Request and Notification of Right to Hearings.
(g) An exception was granted for Fl. Admin. Code R. 28-106.201, Initiation of Proceeding. The Department relies upon Fl. Admin. Code R. 65-2.043, Hearing Request and Notification of Right to Hearings.
(h) An exception was granted to Fl. Admin. Code R. 28-106.210, Continuances. The Department relies upon Fl. Admin. Code R. 65-2.059, Continuances.
Rulemaking Authority 409.285 FS. Law Implemented Florida Statutes § 409.285. History-New 5-17-78, Formerly 10-2.42, 10-2.042, Amended 10-30-00, 4-2-18.
Terms Used In Florida Regulations 65-2.042
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(2) Parties in any Florida Statutes § 120.569, proceedings are agencies and appellants. Party includes the Agency.
(3) Hearing officer shall mean the individual presiding over the hearing. The hearings will be conducted by a hearing officer from the Office of Appeal Hearings, which is within the Office of Inspector General.
(4) All parties shall be entitled to receive notice of hearings, conferences and decisions of the Department and those other rights afforded by Florida Statutes Chapter 120
(5) When staff personnel and others appear as witnesses, the staff and others shall be sworn and subject to examination and cross-examination.
(6) These hearings are conducted in accordance with Fl. Admin. Code R. 65-2.042, et seq., and the Uniform Rules of Procedure, Fl. Admin. Code Chapter 28-106 The Department has been granted exceptions to complying with certain Uniform Rules by the Administration Commission.
(a) An exception was granted for Fl. Admin. Code R. 28-106.104, Filing. The Department relies upon Fl. Admin. Code R. 65-2.045, Hearings Request.
(b) An exception was granted for Fl. Admin. Code R. 28-106.105, Appearances. The Department relies upon Fl. Admin. Code R. 65-2.058, Appearances.
(c) An exception was granted for Fl. Admin. Code R. 28-106.106, Who May Appear; Criteria for Qualified Representatives. The Department relies upon Fl. Admin. Code R. 65-2.058, Appearances.
(d) An exception was granted for Fl. Admin. Code R. 28-106.107, Standards of Conduct for Qualified Representatives. The Department relies upon Fl. Admin. Code R. 65-2.058, Appearances.
(e) An exception was granted to Fl. Admin. Code R. 28-106.109, Notice to Interested Parties. There is no substitute for this rule.
(f) An exception was granted to Fl. Admin. Code R. 28-106.111, Point of Entry into Proceedings and Mediation. The Department relies upon Fl. Admin. Code R. 65-2.043, Hearing Request and Notification of Right to Hearings.
(g) An exception was granted for Fl. Admin. Code R. 28-106.201, Initiation of Proceeding. The Department relies upon Fl. Admin. Code R. 65-2.043, Hearing Request and Notification of Right to Hearings.
(h) An exception was granted to Fl. Admin. Code R. 28-106.210, Continuances. The Department relies upon Fl. Admin. Code R. 65-2.059, Continuances.
Rulemaking Authority 409.285 FS. Law Implemented Florida Statutes § 409.285. History-New 5-17-78, Formerly 10-2.42, 10-2.042, Amended 10-30-00, 4-2-18.