65-2.056. Basis of Hearings  


Effective on Monday, April 2, 2018
  • 1The hearing shall include consideration of:

    7(1) Any Department action, or failure to act with reasonable promptness, on a claim of financial assistance, social services, medical assistance, 28Temporary Assistance of Needy Families (TANF), 34or 35Supplemental Nutrition Assistance Program (SNAP) b41enefits, which includes delay in reaching a decision on eligibility 51in both initial and subsequent determination, 57or in making a payment, 62the amount of payment, change in payments, 69refusal to consider a request for or undue delay in making an adjustment in payment, and discontinuance, termination or reduction of such assistance.

    92(2) The hearing officer must determine whether the Department’s decision on eligibility or procedural compliance was correct at the time the decision was made. The hearings are de novo hearings, in that, either party may present new or additional evidence not previously considered by the Department in making its decision.

    142Rulemaking Authority 144409.285 FS. 146Law Implemented 148409.285 FS. 150History–New 5-18-78, Formerly 10-2.56, 10-2.056, Amended 12-11-06, 4-2-18.

     

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