Florida Regulations 12E-1.006: Request for Reconsideration
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(1) A recipient of collection and distribution services of the department’s Child Support Enforcement Program may request a reconsideration regarding the amount collected, the date collected, the amount distributed, the distribution timing, or the calculation of arrears. A reconsideration is a desk review to allow the department to investigate the recipient’s concerns and correct any errors prior to a hearing.
(2) Requests for reconsideration shall be made on the Request for Reconsideration (CS-POF4). Form CS-POF4, (http://www.flrules.org/Gateway/reference.asp?No=Ref-14344), is incorporated herein by reference effective 06/22. If the request concerns information reported by the department on a collection notice, the request for reconsideration form must be received by the department within 60 days of the mailing date of the collection notice. If the request concerns collection or distribution information not referenced on the most recent collection notice, the request for reconsideration form must be received by the department within 60 days of the date the form is provided to the recipient.
(3) The department must issue a written decision on the reconsideration process within 20 days of receipt of a complete and timely request for reconsideration form.
(4) The reconsideration process will include a review by a case analyst or case analyst supervisor. The recipient may choose to be present for the review, or may have a person represent them at the review, provided the representative has written approval from the recipient. At the time of the review, the recipient and/or the recipient’s representative, may present additional information regarding the issue being reviewed. The recipient, and/or the recipient’s representative, may appear by telephone.
(5) On request, the department will provide the recipient one free copy of case file information that directly relates to the issue being reviewed, system information that directly relates to the issue being reviewed, and a non-certified depository history if on line access and printing capability is available in the local child support enforcement office, with the exception of any information whose release is prohibited by state or federal law. Additional copies are subject to copying costs pursuant to Section 119.07(1)(a), F.S.
(6) The department will make a reasonable effort to accommodate recipients who do not speak English or who are hearing impaired.
(7) A regional manager or contract equivalent must issue a final decision regarding the reconsideration within 25 days of the receipt of a complete request for reconsideration. The decision must be in writing and must include:
(a) The date the reconsideration was requested;
(b) The issues involved;
(c) The results of the reconsideration;
(d) A statement that the written decision marks the end of the reconsideration process; and,
(e) Notice of the right to request a hearing before a hearing officer regarding the reconsideration decision within 45 days of the date of the written decision.
(8) Within 15 working days of the date of the written decision on the reconsideration, the department shall authorize for payment any amount it determines is owed to the recipient.
(9) A request for reconsideration may be rejected for any of the following reasons:
(a) The recipient fails to indicate the reason the reconsideration is being requested.
(b) The issue is inappropriate for reconsideration under this rule.
(c) The reconsideration is not requested in a timely manner.
(d) The recipient has had a prior reconsideration on the identical issue.
(e) The recipient voluntarily withdraws the request for reconsideration in writing.
(10) The department’s reconsideration decision informs the parent or caregiver how to request an administrative hearing if they disagree with the decision. A request for an administrative hearing must be received within 45 days of the date of the reconsideration decision, which is the date it is mailed to the parent or caregiver. Hearings are conducted by the Appeal Hearings Section of the Department of Children and Families.
Rulemaking Authority Florida Statutes § 409.2558(6). Law Implemented 409.2558(6) FS. History-New 1-11-76, Formerly 10C-25.04, Amended 2-18-86, 6-17-92, 7-20-94, Formerly 10C-25.004, Amended 8-19-96, 6-9-22.
Terms Used In Florida Regulations 12E-1.006
- 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.
- Contract: A legal written agreement that becomes binding when signed.
(3) The department must issue a written decision on the reconsideration process within 20 days of receipt of a complete and timely request for reconsideration form.
(4) The reconsideration process will include a review by a case analyst or case analyst supervisor. The recipient may choose to be present for the review, or may have a person represent them at the review, provided the representative has written approval from the recipient. At the time of the review, the recipient and/or the recipient’s representative, may present additional information regarding the issue being reviewed. The recipient, and/or the recipient’s representative, may appear by telephone.
(5) On request, the department will provide the recipient one free copy of case file information that directly relates to the issue being reviewed, system information that directly relates to the issue being reviewed, and a non-certified depository history if on line access and printing capability is available in the local child support enforcement office, with the exception of any information whose release is prohibited by state or federal law. Additional copies are subject to copying costs pursuant to Section 119.07(1)(a), F.S.
(6) The department will make a reasonable effort to accommodate recipients who do not speak English or who are hearing impaired.
(7) A regional manager or contract equivalent must issue a final decision regarding the reconsideration within 25 days of the receipt of a complete request for reconsideration. The decision must be in writing and must include:
(a) The date the reconsideration was requested;
(b) The issues involved;
(c) The results of the reconsideration;
(d) A statement that the written decision marks the end of the reconsideration process; and,
(e) Notice of the right to request a hearing before a hearing officer regarding the reconsideration decision within 45 days of the date of the written decision.
(8) Within 15 working days of the date of the written decision on the reconsideration, the department shall authorize for payment any amount it determines is owed to the recipient.
(9) A request for reconsideration may be rejected for any of the following reasons:
(a) The recipient fails to indicate the reason the reconsideration is being requested.
(b) The issue is inappropriate for reconsideration under this rule.
(c) The reconsideration is not requested in a timely manner.
(d) The recipient has had a prior reconsideration on the identical issue.
(e) The recipient voluntarily withdraws the request for reconsideration in writing.
(10) The department’s reconsideration decision informs the parent or caregiver how to request an administrative hearing if they disagree with the decision. A request for an administrative hearing must be received within 45 days of the date of the reconsideration decision, which is the date it is mailed to the parent or caregiver. Hearings are conducted by the Appeal Hearings Section of the Department of Children and Families.
Rulemaking Authority Florida Statutes § 409.2558(6). Law Implemented 409.2558(6) FS. History-New 1-11-76, Formerly 10C-25.04, Amended 2-18-86, 6-17-92, 7-20-94, Formerly 10C-25.004, Amended 8-19-96, 6-9-22.