Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-2 - RULES OF PRACTICE AND PROCEDURE › Section 65-2.043 - Hearings Request and Notification of Right to Hearings

Current through Reg. 50, No. 138; July 16, 2024
(1) Every applicant or recipient shall be
				informed in writing at the time of application and at the time of any action on
				his/her claim, of the right to a hearing, the method of obtaining this hearing,
				and that he/she may present his/her case or have legal counsel or an authorized
				representative present it.
(2) In
				cases of intended action to discontinue, terminate, or reduce assistance, the
				Department shall give timely and adequate notice.
(3) In Supplemental Nutrition Assistance
				Program (SNAP) cases:
(a) The notice of
				adverse action shall be considered timely if the advance notice period provides
				at least 10 days from the date the notice is mailed to the date upon which it
				becomes effective. Also, if the advance notice period ends on a weekend or
				holiday, and a request for a fair hearing is received the day after the weekend
				or holiday, the Department shall consider the request timely.
(b) The notice shall be considered adequate
				if it explains in easily understandable language: the proposed action; the
				reason for the proposed action; the household right to request a fair hearing;
				the telephone number and if possible name of the person to contact for
				additional information; the availability of continued benefits; and the
				liability of the household for any overissuance received while awaiting a fair
				hearing if the decision is adverse to the household. If there is an
				organization that provides free legal representation, the notice shall also
				advise the household of the availability of the service.
(c) Individual notice of case actions are not
				required when:
1. The Department initiates a
				mass change based on the following: Federal adjustments to eligibility
				standards, allotments, and deductions, state adjustments to utility standards;
				mass changes in public assistance; and mass changes in Federal
				benefits.
2. The Department
				receives a written statement from the household or the authorized
				representative which either states that SNAP benefits are no longer desired or
				which acknowledges that information the household has provided will result in a
				reduction of benefits and waives the right to notice of adverse
				action.
3. The Department
				determines that all of the members of the household have died.
4. The household has been receiving an
				increased allotment to restore benefits, the restoration is complete, and the
				household was previously notified in writing of when the increased allotment
				would terminate.
5. The household's
				allotment varies from month to month with the certification period to take into
				account changes which were anticipated at the time of certification and the
				household was so notified at the time of certification.
6. The household applied jointly for public
				assistance and SNAP benefits pending approval of the public assistance grant
				and was notified at the time of certification that SNAP benefits would be
				reduced upon approval of the public assistance grant.
7. A household member is disqualified for
				fraud in accordance with Federal Regulation, or the benefits of the remaining
				household members are reduced or terminated to reflect the disqualification of
				that household member.
8. The
				household contains a member subject to a lockout or strike and, for purposes of
				receiving a longer certification period than is otherwise allowed for such
				households, signs a waiver of his/her right to notice of adverse action to
				enable the Department to reduce or terminate benefits when the lockout or
				strike is settled and the household has begun receiving income from employment
				again.
9. The Department determines
				that the household has moved from the project
				area.