Florida Regulations 65-2.057: Conduct of Hearing
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The hearing is a formal proceeding and shall be conducted pursuant to these rules. At the request of the petitioner, the hearing may be conducted as an informal proceeding pursuant to Florida Statutes § 120.57(2)
(1) For programs other than Supplemental Nutrition Assistance Program (SNAP) the appellant, or his/her representative, shall have adequate opportunity to examine the contents of the case file and all documents and records to be used by the Department at the hearing at a reasonable time before the date of the hearing, as well as during the hearing. In the SNAP program, the household must be given the opportunity to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing pursuant to 7 C.F.R. § 273.15(p). The contents of the case file including the application form and documents of verification used by the Department to establish the household’s ineligibility or eligibility and benefit amount shall be made available, provided that confidential information is protected from release. If requested, the Department shall provide free copies of the relevant portions of the case file to the household or its representative. Confidential information that is protected from release and other documents or records which the household will not otherwise have an opportunity to contest or challenge shall not be introduced at the hearing or affect the hearing official’s decision.
(2) The appellant, or his/her representative, shall have adequate opportunity to bring witnesses.
(3) Each party shall have the right: to present evidence relevant to the issue; to cross-examine opposing witnesses on any matter relevant to the issue; to impeach any witness, regardless of which party first called him to testify; and to rebut the evidence presented against him/her, through the introduction of rebuttal evidence.
(4) Oral evidence shall be taken only on oath or affirmation.
(5) Opening and closing statements may be presented.
(6) To the extent that the rules of discovery in the Florida Rules of Civil Procedure are not inconsistent with Chapter 120 F.S., the rules of discovery of the Florida Rules of Civil Procedure shall be applicable. The hearings officer may issue appropriate orders to effectuate the purposes of discovery and to prevent delay.
(7) All motions shall be in writing unless made on the record during the hearing and shall fully state the action requested and the grounds relied on. The original written motion shall be filed with the hearings officer. The hearings officer shall conduct such proceedings and make such orders as it deems necessary to dispose of issues raised by the motion. All motions shall be accompanied by a written memorandum stating the grounds upon which such motion is based unless the party is not represented by counsel. All other parties to the action may, within seven (7) days of service, file written memorandum in opposition to such motion. Motions shall be decided on the basis of the pleadings, unless the hearings officer orders a hearing to resolve the issues.
(8) Oral and written communications from the general public may be received by the hearings officer, provided that such communication shall be subject to cross-examination, challenge and rebuttal.
(9) Federal regulations require that public assistance records shall be confidential as set forth in subsections 65A-1.204(2) and (3), F.A.C. Hearings conducted pursuant to these rules are only open to a party or witness, except as provided in federal regulation.
(10) A hearings officer shall not grant a motion for rehearing or reconsideration.
(11) The hearing officer shall insure that all relevant issues are considered.
(12) The hearing officer shall request, receive and make part of the record information determined necessary to decide the issues being raised.
(13) Hearing requests from households, such as migrant farm workers, shall be processed faster than others if necessary to enable them to receive a decision before they leave the area.
(14) Federal regulations require that public assistance records shall be confidential as set forth in subsections 65A-1.204(2) and (3), F.A.C. Hearings conducted pursuant to these rules are only open to a party or witness, except as provided in federal regulation.
Rulemaking Authority 409.285 FS. Law Implemented Florida Statutes § 409.285. History-New 5-17-78, Amended 3-1-79, Formerly 10-2.57, 10-2.057, Amended 1-8-07, 4-2-18.
Terms Used In Florida Regulations 65-2.057
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Testify: Answer questions in court.
(2) The appellant, or his/her representative, shall have adequate opportunity to bring witnesses.
(3) Each party shall have the right: to present evidence relevant to the issue; to cross-examine opposing witnesses on any matter relevant to the issue; to impeach any witness, regardless of which party first called him to testify; and to rebut the evidence presented against him/her, through the introduction of rebuttal evidence.
(4) Oral evidence shall be taken only on oath or affirmation.
(5) Opening and closing statements may be presented.
(6) To the extent that the rules of discovery in the Florida Rules of Civil Procedure are not inconsistent with Chapter 120 F.S., the rules of discovery of the Florida Rules of Civil Procedure shall be applicable. The hearings officer may issue appropriate orders to effectuate the purposes of discovery and to prevent delay.
(7) All motions shall be in writing unless made on the record during the hearing and shall fully state the action requested and the grounds relied on. The original written motion shall be filed with the hearings officer. The hearings officer shall conduct such proceedings and make such orders as it deems necessary to dispose of issues raised by the motion. All motions shall be accompanied by a written memorandum stating the grounds upon which such motion is based unless the party is not represented by counsel. All other parties to the action may, within seven (7) days of service, file written memorandum in opposition to such motion. Motions shall be decided on the basis of the pleadings, unless the hearings officer orders a hearing to resolve the issues.
(8) Oral and written communications from the general public may be received by the hearings officer, provided that such communication shall be subject to cross-examination, challenge and rebuttal.
(9) Federal regulations require that public assistance records shall be confidential as set forth in subsections 65A-1.204(2) and (3), F.A.C. Hearings conducted pursuant to these rules are only open to a party or witness, except as provided in federal regulation.
(10) A hearings officer shall not grant a motion for rehearing or reconsideration.
(11) The hearing officer shall insure that all relevant issues are considered.
(12) The hearing officer shall request, receive and make part of the record information determined necessary to decide the issues being raised.
(13) Hearing requests from households, such as migrant farm workers, shall be processed faster than others if necessary to enable them to receive a decision before they leave the area.
(14) Federal regulations require that public assistance records shall be confidential as set forth in subsections 65A-1.204(2) and (3), F.A.C. Hearings conducted pursuant to these rules are only open to a party or witness, except as provided in federal regulation.
Rulemaking Authority 409.285 FS. Law Implemented Florida Statutes § 409.285. History-New 5-17-78, Amended 3-1-79, Formerly 10-2.57, 10-2.057, Amended 1-8-07, 4-2-18.