65-2.046. Time Limits in Which to Request a Hearing  

Effective on Monday, April 2, 2018
  • 1(1) The appellant or authorized representative must exercise the right to appeal within 90 calendar days in all programs 20except the Road to Independence (RTI) Program under Section 29409.1451(4), F.S., 31and the Adoption Subsidy Program under Sections 38120.569 39and 40120.57, F.S. 42The right to appeal under the RTI Program must be exercised within 30 calendar days 57from the date of receipt of the notice of adverse action pursuant to paragraph 7165C-42.004(3)(a), 72F.A.C. 73The right to appeal under the Adoption Subsidy Program must be exercised within 21 calendar days from the receipt of the notice of adverse action pursuant to subsection 10165C-16.013(2), 102F.A.C103. Additionally, in the 107Supplemental Nutrition Assistance Program (SNAP), 112a household may request a fair hearing at any time within a certification period to dispute its current level of benefits. The 13430-day time period under the RTI Program begins on the date the written notification is received. The 90-day 152time period for all other programs begins with the date following:

    163(a) The date on the written notification of the decision on an application.

    176(b) The date on the written notification of reduction or termination of program benefits.

    190(c) The date of the Department’s written notification of denial or a request or other action which aggrieves the petitioner when that denial or action is other than an application decision or a decision to reduce or terminate program benefits.

    230(2) The time limitation does not apply when the Department fails to send a required notification, fails to take action of a specific request or denies a request without informing the appellant. If the notice is not mailed on the day it is dated, the time period commences on the date it is mailed.

    284Rulemaking Authority 286409.285 FS. 288Law Implemented 290409.285 FS. 292History–New 5-17-78, Amended 3-1-79, Formerly 10-2.46, 10-2.046, Amended 4-2-18.


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