Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-2 - RULES OF PRACTICE AND PROCEDURE › Section 65-2.048 - Action to Reduce or Discontinue Assistance or Service

Current through Reg. 50, No. 138; July 16, 2024
(1) In all programs other than the
				Supplemental Nutrition Assistance Program (SNAP), a hearing request filed
				within ten (10) days after the date of mailing or hand delivery of the notice
				either orally or written, requires that assistance be continued at the current
				level until the final written decision of the hearings officer is rendered;
				unless, a change affecting the appellant's grant occurs while the hearing
				decision is pending and the recipient fails to request a hearing after notice
				of the change.
(2) In the SNAP
				program if a household requests a fair hearing, a continuation of benefits
				within the period provided by the notice of Adverse Action, as set forth in
				subsection  65-2.043(3),
				F.A.C., and if certification period has not expired, the household's
				participation in the program shall be continued on the basis authorized
				immediately prior to the Adverse Action, unless the household specifically
				waives continuation of benefits. A form for requesting a fair hearing shall
				contain space for the household to indicate whether or not continued benefits
				are requested. If the form does not positively indicate that the household has
				waived continuation of benefits, the Department shall assume that continuation
				of benefits is desired and the benefits shall be issued accordingly. If the
				Department's action is upheld by the hearing decision, a claim against the
				household shall be established for all over issuances. If a hearing request is
				not made within the period provided by the notice of Adverse Action, benefits
				shall be reduced or terminated as provided in the notice. However, if the
				household establishes that its failure to make the request within the advance
				notice period was for good cause, the Department shall reinstate the benefits
				to the prior basis. When benefits are reduced or terminated due to a mass
				change, participation on the prior basis shall be reinstated only if the issue
				being contested is that SNAP eligibility or benefits were improperly completed
				or that federal law or policy is being misapplied or misinterpreted by the
				Department.
Once reinstated or continued, benefits shall not be reduced
				  or terminated prior to the receipt of the hearing decision unless:
(a) The certification period expires. The
				household may reapply and may be determined eligible for a new certification
				period with benefit amount as determined by the Department.
(b) The hearing officer makes a preliminary
				determination, in writing and at the hearing that the sole issue is one of
				federal law, regulation, or policy and that the household's claim that the
				Department improperly computed the benefits or misapplied or misinterpreted
				such law, regulation or policy is invalid.
(c) A change affecting the household's
				eligibility or basis of issuance occurs while the hearing decision is pending
				and the household fails to request a hearing after the subsequent notice of
				adverse action.
(d) A mass change
				affecting the household's eligibility or basis of issuance occurs while the
				hearing is pending.
The Department shall promptly notify the household in writing
				  if benefits are reduced or terminated pending the hearing
				  decision.