Hearings Request, Conduct of Hearing

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Departmental

RULE NO: RULE TITLE
65-2.045: Hearings Request
65-2.057: Conduct of Hearing

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 32 No. 34, August 25, 2006 issue of the Florida Administrative Weekly.

The specific changes were made in response to comments received from the Joint Administrative Procedures Committee requesting clarification on the dismissal of a hearing requests and stating the need to include a specific citation for the reference to federal regulations.

Specific changes in rule text are as follows:

65-2.045 Hearing Request.

(1) through (2) No change.

(3) A Request for Hearing may be made by the applicant/recipient or someone in his/her behalf. However, if the appeal is filed by someone other than the applicant/recipient, attorney, legal guardian, spouse, next of kin, the grantee relative in cash assistance, or a person allowed by the department as an authorized representative to participate in the eligibility determination, the person making the appeal must have written authorization of the applicant/recipient. Such written authorization must accompany the Hearing Request. Should the request be filed without the written authorization, the authorization must be provided in response to a request from the department or hearing officer, prior to the appeal going forward. Without prior proper written authorization, the department will treat a request for hearing as being made by someone not authorized to do so. Therefore, the appeal will be dismissed.

(4) through (5) No change.

(6) This amendment is to be effective March 1, 1979.

Specific Authority 120.53, 20.05, 409.026, 409.285 FS. Law Implemented 120.53, 120.57, 120.58, 409.285 FS. History–New 5-17-78, Amended 3-1-79, Formerly 10-2.45, 10-2.045, Amended _________.

65-2.057 Conduct of Hearing.

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) through (8) No change.

(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) through (13) No change.

Specific Authority 120.53, 20.05, 409.026, 409.285 FS. Law Implemented 120.53, 120.57, 120.58, 409.285 FS. History–New 5-17-78, Amended 3-1-79, Formerly 10-2.57, 10-2.057, Amended _________.