The proposed administrative rule amends the language in the Rights and Responsibilities Form CF-ES 2064 by revising the non-discrimination and fair hearing statements and making technical changes.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Economic Self-Sufficiency Program

RULE NO.:RULE TITLE:

65A-1.204Rights and Responsibilities

PURPOSE AND EFFECT: The proposed administrative rule amends the language in the Rights and Responsibilities Form CF-ES 2064 by revising the non-discrimination and fair hearing statements and making technical changes.

SUMMARY: This rule addresses rights and responsibilities within the context of food assistance program eligibility determinations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: A checklist was prepared by the Agency to determine the need for a SERC. Based on this information at the time of the analysis and pursuant to section 120.541, Florida Statutes, the rule will not require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 414.45 FS, 409.919 FS.

LAW IMPLEMENTED: 414.31, 409.903, 409.904, 414.095, 414.295, 414.31 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: April 19, 2016, 10:00 a.m. ‒ 12:00 Noon

PLACE: Winewood Blvd., Building 3, Rm. 455, Tallahassee, Florida 32399-0700

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Victor Walker. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Victor Walker, Economic Self-Sufficiency Program, [phone], 1317 Winewood Blvd, Tallahassee, Florida 32399-0700

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65A-1.204 Rights and Responsibilities.

(1) An individual has the right to apply for assistance, to have eligibility determined, and if found eligible, to receive benefits. The applicant for or recipient of public assistance must assume the responsibility of furnishing information, documentation and verification needed to establish eligibility. If the information, documentation or verification is difficult for the individual to obtain, the Department must provide assistance in obtaining it when requested or when it appears necessary.

(2) The individual has the right of confidentiality in accordance with subsection (3) below, to receive prompt action, equitable treatment, notification of any case action taken and to receive a fair hearing due to an appeal of case action. The Department provides the individual with Your Rights and Responsibilities, CF-ES 2064, 03/2012 xxxx, http://www.flrules.org/Gateway/reference.asp?No=Ref-01204, incorporated by reference, to explain these and other rights and responsibilities.

(3) All individuals have the right to a confidential relationship with the Department pursuant to the following federal regulations, federal statutes and Florida Statutes: for the Food Assistance Program, 7 U.S.C. § 2020(e)(8), 7 C.F.R. § 272.1(c), Sections 414.295, 414.31, F.S.; for the Medicaid Program, 42 U.S.C. § 1396a(a)(7), 42 C.F.R. §§ 431.300-431.306, Sections 409.902, 414.295, F.S.; and, for the Cash Assistance Program, 42 U.S.C. § 602(a)(1)(A)(iv), 45 C.F.R. § 205.50, and Sections 414.106 and 414.295, F.S. Information obtained by the Department is considered confidential state agency material and is not subject to the Freedom of Information Act.

(4) Fair hearings are conducted in accordance with the Department’s hearing procedures in Chapter 65-2, F.A.C. The Office of Appeal Hearings Hearing Request, CF-ES 1007, 10/2005, incorporated by reference, can be used to request fair hearings. An individual can also request a fair hearing either orally or in writing without using the form.

(5) Copies of materials incorporated by reference are available from the Economic Self-Sufficiency Headquarters Office, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, or on the Department’s website at http://www.dcf.state.fl.us/dcf forms/Search/DCFFormSearch.aspx.

Rulemaking Authority 409.919, 414.45 FS. Law Implemented 409.903, 409.904, 414.095, 414.295, 414.31 FS. History–New 4-9-92, Amended 11-22-93, Formerly 10C-1.204, Amended 12-29-98, 5-9-02, 3-9-03, 6-4-12,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dianna Laffey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 08, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 19,2016