Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-2 - RULES OF PRACTICE AND PROCEDURE › Section 65-2.042 - Applicant/Recipient Fair Hearings

Current through Reg. 50, No. 138; July 16, 2024
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 Rule
				 65-2.042, F.A.C., 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 Section
				 120.569, F.S., 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 Chapter 120, F.S.
(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 Rule
				 65-2.042, F.A.C., et seq., and
				the Uniform Rules of Procedure, Chapter 28-106, F.A.C. The Department has been
				granted exceptions to complying with certain Uniform Rules by the
				Administration Commission.
(a) An exception
				was granted for Rule  28-106.104, F.A.C., Filing. The
				Department relies upon Rule
				 65-2.045, F.A.C., Hearings
				Request.
(b) An exception was
				granted for Rule  28-106.105, F.A.C., Appearances.
				The Department relies upon Rule
				 65-2.058, F.A.C.,
				Appearances.
(c) An exception was
				granted for Rule  28-106.106, F.A.C., Who May
				Appear; Criteria for Qualified Representatives. The Department relies upon Rule
				 65-2.058, F.A.C.,
				Appearances.
(d) An exception was
				granted for Rule  28-106.107, F.A.C., Standards of
				Conduct for Qualified Representatives. The Department relies upon Rule
				 65-2.058, F.A.C.,
				Appearances.
(e) An exception was
				granted to Rule  28-106.109, F.A.C., Notice to
				Interested Parties. There is no substitute for this rule.
(f) An exception was granted to Rule
				 28-106.111, F.A.C., Point of
				Entry into Proceedings and Mediation. The Department relies upon Rule
				 65-2.043, F.A.C., Hearing
				Request and Notification of Right to Hearings.
(g) An exception was granted for Rule
				 28-106.201, F.A.C., Initiation
				of Proceeding. The Department relies upon Rule
				 65-2.043, F.A.C., Hearing
				Request and Notification of Right to Hearings.
(h) An exception was granted to Rule
				 28-106.210, F.A.C.,
				Continuances. The Department relies upon Rule
				 65-2.059, F.A.C.,
				Continuances.