65C-42.004. Appeals

(1) The Department, the community-based care lead agency and its contracted service provider staff shall treat all young adults fairly and afford them due process. A young adult applying for or receiving Postsecondary Education Services and Support or Aftercare Services has the right to receive written notice of adverse actions by the Department or its contracted service provider and to resolve issues about eligibility by meeting with representatives of the Department or its contracted service provider or through the fair hearing process. The fair hearing process is available to any young adult who is determined to no longer be eligible for either of these programs, whose benefits have been reduced or changed, or whose application for either of these programs has been denied.

(2) Notice of Adverse Action. The community-based care lead agency shall give timely written notice to the young adult regarding any decision to deny an application for or terminate participation in PESS or Aftercare Services.

(a) The notice shall be provided on the form “Notice of Termination or Reduction of Aftercare Services,” CF-FSP 5402, February 2015, or “Notice of Termination of Post Secondary Education Services and Support (PESS),” CF-FSP 5407, February 2015. Forms CF-FSP 5402 and CF-FSP 5407 are available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05836, and http://www.flrules.org/Gateway/reference.asp?No=Ref-05837, respectively. A community-based care lead agency may add its logo to forms CF-FSP 5402 and 5407.

(b) The notice shall be considered timely:

1. When the notice concerns an application for PESS or Aftercare Services, if it is delivered to the young adult within 10 business days of the lead agency receiving the application.

2. When the notice concerns any decision to terminate or reduce funds for a young adult in PESS or Aftercare Services, if it is delivered to the young adult at least 30 calendar  days before the action described in the notice becomes effective.

(c) A “Request for Fair Hearing,” CF-FSP 5380, August 2014, incorporated by reference, and “Due Process Rights,” CF/PI 175-74, incorporated by reference in subparagraph 65C-42.002 (3)(f)3., F.A.C., shall be attached to the notice. Forms CF-FSP 5380 and CF/PI 175-74 are available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05831, and http://www.flrules.org/Gateway/reference.asp?No=Ref-05830, respectively. 45 C.F.R. §205.10 is incorporated by reference and available at http://www.gpo.gov/fdsys/granule/CFR-1997-title45-vol2/CFR-1997-title45-vol2-sec205-10/content-detail.html and http://www.flrules.org/Gateway/reference.asp?No=Ref-05829. A community-based care lead agency may add its logo to form CF-FSP 5380 and CF/PI 175-74.

(d) The notice shall be sent by certified mail and regular mail or provided to the young adult by hand delivery. If the young adult has provided a telephone number, designated staff shall call the young adult and advise him or her that the notice has been sent and also is available for pickup at the community-based care office. The notice shall also be sent via email, if the young adult has provided an email address. Documentation of hand delivery and email shall be made in the young adult’s file contemporaneously with the hand and email delivery. The certified mail receipt shall also be placed in the young adult’s file.

(3) Request for a Fair Hearing.

(a) A young adult shall have 30 calendar days from the date of receipt of the notice of adverse action to request a fair hearing. If the young adult requests the fair hearing within 10 business days of the date of receipt of the notice of adverse action, then the young adult shall continue to receive the monthly PESS stipend or Aftercare Services pending the resolution of the fair hearing.

(b) The request for a fair hearing may be made orally or in writing.

1. The form “Oral Request for Fair Hearing,” CF-FSP 5381, August 2014, incorporated by reference, shall be used by the designated staff case manager to document oral requests for a fair hearing. This form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05832. A community-based care lead agency may add its logo to form CF-FSP 5381.

2. Written requests may be prepared by the young adult on the form “Request for Fair Hearing,” CF-FSP 5380, incorporated in paragraph (2)(d), of this rule, or in any other manner the young adult chooses.

(c) The request for a fair hearing is made on the date the young adult sends a written request for fair hearing by U.S. Mail or email, or hand-delivers the written request to the staff member of the agency (or his or her designee) who sent the notice of adverse action. An oral request for a fair hearing is made on the date the young adult speaks with his or her case manager or designated staff, the community-based care agency providing him or her with independent living services, or the Department of Children and Families, Office of Appeal Hearings in Tallahassee. If the deadline to request a fair hearing is a Saturday, Sunday or holiday, the request shall be timely if it is made on or before the first business day after the weekend or holiday.

(4) Transmittal of Hearing Request to the Department or Its Contracted Service Provider.

(a) Within one (1) business day of receiving the young adult’s request for a fair hearing, staff shall send the request for fair hearing and notice of adverse action by facsimile or e-mail transmission to the legal representative for the Department and the Office of Appeal Hearings of the Department of Children and Families.

(b) If a request for a hearing is not received by the lead agency from the young adult within the stated timeframes, the request shall be forwarded to the Florida Department of Children and Families’ Office of Appeal Hearings with a notation that the request was late.

(c) Staff shall forward a copy of all documentation supporting the decision regarding participation in PESS or Aftercare Services to the Regional Legal Counsel and the legal representative for the Department within three (3) business days of receipt of the young adult’s request for fair hearing.

(5) Additional Local Preparation for Fair Hearings.

(a) The staff person receiving the request for a fair hearing shall, within five (5) business days, prepare copies of the young adult’s complete PESS or Aftercare Services file, as applicable, and copies of the young adult’s case file records from his or her dependency case file during the young adult’s 17th year of age to provide to both the young adult and the legal representative for the Department or its contracted service provider. Staff shall provide the complete file to both the young adult and the legal representative for the Department or its contracted service provider, whether or not a request has been made.

(b) The designated staff responsible for providing PESS or Aftercare Services (the designated staff in the county where the young adult’s participation originated) shall coordinate and participate in the fair hearing, even if the hearing takes place in a different county or region. The fair hearing shall take place in the county in which the young adult lives.

Rulemaking Authority 409.1451 FS. Law Implemented 409.1451 FS. History–New 10-4-15.