Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65 - Departmental › Chapter 65-2 - RULES OF PRACTICE AND PROCEDURE › Section 65-2.057 - Conduct of Hearing

Current through Reg. 50, No. 138; July 16, 2024
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 Section
				   120.57(2),
				  F.S.
(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
					 409.285
					 FS.
New 5-17-78, Amended 3-1-79, Formerly 10-2.57, 10-2.057,
					 Amended 1-8-07, 4-2-18.