Florida Regulations 65A-1.204: Rights and Responsibilities
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(1) An individual has the right to apply for assistance, to have eligibility determined, and if found eligible, to receive benefits. The applicant for or recipient of public assistance must assume the responsibility of furnishing information, documentation and verification needed to establish eligibility. If the information, documentation or verification is difficult for the individual to obtain, the Department must provide assistance in obtaining it when requested or when it appears necessary.
(2) The individual has the right of confidentiality in accordance with subsection (3), below, to receive prompt action, equitable treatment, notification of any case action taken and to receive a fair hearing due to an appeal of case action. The Department provides the individual with Your Rights and Responsibilities, CF-ES 2064, 07/2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-07159, incorporated by reference, to explain these and other rights and responsibilities.
(3) All individuals have the right to a confidential relationship with the Department pursuant to the following federal regulations, federal statutes and Florida Statutes: for the Food Assistance Program, 7 U.S.C. § 2020(e)(8), 7 C.F.R. § 272.1(c), Sections 414.295, 414.31, F.S.; for the Medicaid Program, 42 U.S.C. § 1396a(a)(7), 42 C.F.R. §§431.300-431.306, Sections 409.902, 414.295, F.S.; and, for the Cash Assistance Program, 42 U.S.C. § 602(a)(1)(A)(iv), 45 C.F.R. § 205.50, and Sections 414.106 and 414.295, F.S. Information obtained by the Department is considered confidential state agency material and is not subject to the Freedom of Information Act.
(4) Fair hearings are conducted in accordance with the Department’s hearing procedures in Fl. Admin. Code Chapter 65-2 The Office of Appeal Hearings Hearing Request, CF-ES 1007, 10/2005, incorporated by reference, can be used to request fair hearings. An individual can also request a fair hearing either orally or in writing without using the form.
(5) Copies of materials incorporated by reference are available from the Economic Self-Sufficiency Headquarters Office, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, or on the Department’s website at http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.
Rulemaking Authority 409.919, 414.45 FS. Law Implemented 409.903, 409.904, 414.095, 414.295, 414.31 FS. History-New 4-9-92, Amended 11-22-93, Formerly 10C-1.204, Amended 12-29-98, 5-9-02, 3-9-03, 6-4-12, 7-18-16.
Terms Used In Florida Regulations 65A-1.204
- 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.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
(3) All individuals have the right to a confidential relationship with the Department pursuant to the following federal regulations, federal statutes and Florida Statutes: for the Food Assistance Program, 7 U.S.C. § 2020(e)(8), 7 C.F.R. § 272.1(c), Sections 414.295, 414.31, F.S.; for the Medicaid Program, 42 U.S.C. § 1396a(a)(7), 42 C.F.R. §§431.300-431.306, Sections 409.902, 414.295, F.S.; and, for the Cash Assistance Program, 42 U.S.C. § 602(a)(1)(A)(iv), 45 C.F.R. § 205.50, and Sections 414.106 and 414.295, F.S. Information obtained by the Department is considered confidential state agency material and is not subject to the Freedom of Information Act.
(4) Fair hearings are conducted in accordance with the Department’s hearing procedures in Fl. Admin. Code Chapter 65-2 The Office of Appeal Hearings Hearing Request, CF-ES 1007, 10/2005, incorporated by reference, can be used to request fair hearings. An individual can also request a fair hearing either orally or in writing without using the form.
(5) Copies of materials incorporated by reference are available from the Economic Self-Sufficiency Headquarters Office, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, or on the Department’s website at http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.
Rulemaking Authority 409.919, 414.45 FS. Law Implemented 409.903, 409.904, 414.095, 414.295, 414.31 FS. History-New 4-9-92, Amended 11-22-93, Formerly 10C-1.204, Amended 12-29-98, 5-9-02, 3-9-03, 6-4-12, 7-18-16.