Applicant/Recipient Fair Hearings, Hearings Request and Notification of Right to Hearings, Right to Request a Hearing, Hearings Request, Time Limits in Which to Request a Hearing, Rejection of Hearing Request, Action to Reduce or Discontinue ...
DEPARTMENT OF CHILDREN AND FAMILIES
RULE NOS.:RULE TITLES:
65-2.042Applicant/Recipient Fair Hearings
65-2.043Hearings Request and Notification of Right to Hearings
65-2.044Right to Request a Hearing
65-2.045Hearings Request
65-2.046Time Limits in Which to Request a Hearing
65-2.047Rejection of Hearing Request
65-2.048Action to Reduce or Discontinue Assistance or Service
65-2.049District Procedures
65-2.050Transportation
65-2.056Basis of Hearings
65-2.057Conduct of Hearing
65-2.059Continuances
65-2.061Failure to Appear
65-2.066Final Orders
65-2.068AFDC Overpayment Hearings
65-2.069Intentional Program Violation Disqualification Hearings
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. 44 No. 1, January 2, 2018 issue of the Florida Administrative Register.
65-2.048 Action to Reduce or Discontinue Assistance or Service.
(1) No change.
(2) In the SNAP Food Stamp program if a household requests a fair hearing, a continuation of benefits within the period provided by the notice of Adverse Action, as set forth in subsection 65-2.043(3), F.A.C., and if certification period has not expired, the household’s participation in the program shall be continued on the basis authorized immediately prior to the Adverse Action, unless the household specifically waives continuation of benefits. A The form for requesting a fair hearing shall contain space for the household to indicate whether or not continued benefits are requested. If the form does not positively indicate that the household has waived continuation of benefits, the Department shall assume that continuation of benefits is desired and the benefits shall be issued accordingly. If the Department’s action is upheld by the hearing decision, a claim against the household shall be established for all over issuances. If a hearing request is not made within the period provided by the notice of Adverse Action, benefits shall be reduced or terminated as provided in the notice. However, if the household establishes that its failure to make the request within the advance notice period was for good cause, the Department shall reinstate the benefits to the prior basis. When benefits are reduced or terminated due to a mass change, participation on the prior basis shall be reinstated only if the issue being contested is that SNAP food stamp eligibility or benefits were improperly completed or that federal law or policy is being misapplied or misinterpreted by the Department.
Once reinstated or continued, benefits shall not be reduced or terminated prior to the receipt of the official hearing decision unless:
(a) through (d) No change.
65-2.059 Continuances.
(1) The hearings officer may, at in his/her discretion, grant a continuance of the hearing pursuant to for good cause as defined by Rule 28-106.210, F.A.C., or upon stipulation of all parties of record and the consent of the hearings officer.
(2) No change.
65-2.068 TANF Overpayment Hearings.
(1) No change.
(2) The Department must notify send a “Notice of Case Action,” pursuant to Rule 65A-1.900, F.A.C., to 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.
(3) through (4) No change.
