The proposed rule amends the Rights and Responsibilities, CF-ES 2064, and incorporates it by reference. Included in this proposed rule amendment are wording changes to improve the overall content of the rule and technical changes of a non-...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program

RULE NO.: RULE TITLE:
65A-1.204: Rights and Responsibilities

PURPOSE AND EFFECT: The proposed rule amends the Rights and Responsibilities, CF-ES 2064, and incorporates it by reference. Included in this proposed rule amendment are wording changes to improve the overall content of the rule and technical changes of a non-substantive nature.

SUMMARY: The proposed rule amends language and revises the Rights and Responsibilities, CF-ES 2064.

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: The Department considered the factors in Section 120.541, F.S. The proposed rule is not expected to exceed the criteria in paragraph 120.541(2)(a), F.S., therefore, legislative ratification is not required under subsection 120.541(3), F.S.

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: 409.212, 409.919, 410.033, 414.45 FS.
LAW IMPLEMENTED: 409.212, 409.903, 409.904, 410.033, 414.095, 414.28, 414.295, 414.31 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 2, 2012, 1:30 p.m.

PLACE: 1317 Winewood Boulevard, Building 3, Room 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: Cindy Keil. 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: Cindy Keil, Economic Self-Sufficiency Program, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

65A-1.204 Rights and Responsibilities.

(1) An individual Any person has the right to apply for assistance, to have his/her eligibility determined, and if found eligible, to receive benefits. The applicant for or recipient of public assistance must assume the responsibility of furnishing information, all necessary facts and documentation and verification needed to establish eligibility, advise the Department of any changes in his/her circumstances which might affect eligibility and/or the amount of the public assistance benefit, and to provide the department with any channel of information concerning his/her affairs that may be determined necessary. If the information, or documentation or verification is difficult for the individual person to obtain, the Ddepartment must provide assistance in obtaining it the information or documentation when requested or when it appears necessary.

(2) The individual has the right of confidentiality in accordance with subsection (3) below of this rule, 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 form CF-ES 2064, Your Rights and Responsibilities, CF-ES 2064, 03/2012, incorporated by reference, to explain June 2007, (incorporated by reference) explains these and other rights and responsibilities. This form is given to each payee individual receiving or applying for assistance.

(3) All individuals have the right to a confidential relationship with the Ddepartment pursuant to the following federal regulations, federal statutes and Florida Statutes: for the Food Assistance Program, 7 U.S.C. § 2020(e)(8) Title 7 USC s. 2020(e)(8) (incorporated by reference), 7 C.F.R. § 272.1(c) 7 CFR s. 272.1(c) (incorporated by reference), Section 414.295, F.S., Section 414.31, F.S.; for the Medicaid Pprogram, 42 U.S.C. § 1396a(a)(7) Title 42 USC s. 1396a(a)(7) (incorporated by reference), 42 C.F.R. §§ 431.300-431.306 42 CFR ss. 431.300-431.306 (incorporated by reference), Section 409.902, F.S., Section 414.295, F.S.; and, for the Ccash Aassistance Pprogram, 42 U.S.C. § 602(a)(1)(A)(iv) Title 42 USC s. 602(a)(1)(A)(iv) (incorporated by reference), 45 C.F.R. § 205.50 45 CFR s. 205.50 (incorporated by reference), and Sections 414.106 and 414.295, F.S. Information obtained by the Ddepartment 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, Part VI, F.A.C., and the Uniform Rules of Procedure set forth in Chapter 28-106, Parts I and II, F.A.C., with the exception of Rules 28-106.104, 28-106.105, 28-106.106, 28-106.107, 28-106.109, 28-106.111, and 28-106.201, F.A.C. The Office of Appeal Hearings Hearing Request, CF-ES 1007, 10/2005, incorporated by reference, can be is used to request fair hearings. An individual can also Additionally, clients may request a fair hearing hearings either orally or in writing without using the form.

(5) Copies of materials forms incorporated by reference are available in this rule may be obtained from the Economic Self-Sufficiency Headquarters Program Office, 1317 Winewood Boulevard, Building 3, Room 427, Tallahassee, Florida 32399-0700, or on the Department’s website at http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

Rulemaking Specific Authority 409.212, 409.919, 410.033, 414.45 FS. Law Implemented 409.212, 409.903, 409.904, 410.033, 414.095, 414.28, 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,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeri Flora

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David E. Wilkins

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 22, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 27, 2012