Florida Administrative Code (Last Updated: November 11, 2024) |
65. Department of Children and Families |
D65. Departmental |
65-2. Rules Of Practice And Procedure |
1(1) Federal Regulation 445 C.F.R. 233.20(a)(13) 7requires the Department to recover overpayments of the 15Temporary Assistance of Needy Families (TANF) 21Program. Rule 2365A-1.900, 24F.A.C., provides the method and procedures to be used by the Department to implement 3845 C.F.R. 233.20(a)(13).
41(2) The Department must notify a person who has been paid benefits to which he/she was not entitled. The notice shall include the amount of overpayment, the dates of overpayment, the reason overpayment occurred, and a statement that action will be taken to recover this overpayment by a reduction in the TANF grant, or through court action. The notice shall include the person’s right to request a hearing if he/she disagrees with the Department’s determination that an overpayment occurred or if he/she disagrees with the amount of overpayment.
129(3) The hearings will meet the requirements of 13745 C.F.R. 205.10 140and Section 142120.569, F.S. 144The hearing will be conducted in accordance with Rule 15365-2.042, 154F.A.C., et seq.
157(4) The hearing officer shall enter an Order upon completion of the hearing process. This Order shall be final and binding upon the Department and appealable by the person to the appropriate District Court of Appeal.
193Rulemaking Authority 195409.285 FS. 197Law Implemented 199409.285 FS. 201History–New 4-5-83, Formerly 10-2.68, Amended 4-28-86, Formerly 10-2.068, Amended 4-2-18.