The proposed rule amends the Hardship Extension Review, CF-ES 2082, and incorporates it by reference, adds reference to the ACCESS Florida Web Application, CF-ES 2353, as a way to apply for Temporary Cash Assistance and amends hearing rights. ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program

RULE NO.: RULE TITLE:
65A-4.201: Criteria for Hardship Extensions and Exemptions to Cash Assistance Time Limit

PURPOSE AND EFFECT: The proposed rule amends the Hardship Extension Review, CF-ES 2082, and incorporates it by reference, adds reference to the ACCESS Florida Web Application, CF-ES 2353, as a way to apply for Temporary Cash Assistance and amends hearing rights. 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, amends a form and adds reference to the Web Application.

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: 414.45 FS.
LAW IMPLEMENTED: 414.105, 414.14 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: June 13, 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, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

65A-4.201 Criteria for Hardship Extensions and Exemptions to Cash Assistance Time Limit.

(1) Hardship Extension and Exemption Determinations. An extension or exemption from the time limit for receipt of Ttemporary Ccash Aassistance (TCA) cannot be authorized until a hardship review, using the Hardship Extension Review, CF-ES 2082, 01/2007, CF-ES 2082, Hardship Extension/ Exemption Review Form, Sep 2005, incorporated by reference, is completed by the Department and the Rregional Wworkforce Bboard (RWB) or its designee, and a favorable decision is made about the existence of a hardship. A recommendation, if appropriately made, and the decision about hardship eligibility will be based on the criteria established in this rule and Section 414.105, F.S.

(2) through (3) No change.

(4) A participant who did not request a hardship extension or exemption when the initial CF-ES 2082 Hardship Extension/Exemption Review Form was signed can may request a hardship extension or exemption by completing the hardship review process. If the individual has not received TCA benefits or services for more than 30 days, the ACCESS Florida Application, CF-ES 2337, 11/2011, incorporated by reference in Rule 65A-1.205, F.A.C., or an ACCESS Florida Web Application (only accepted electronically), CF-ES 2353, 09/2011, incorporated by reference in Rule 65A-1.205, F.A.C., must also be completed.

(5) through (10) No change.

(11) Hearing Rrights. Participants whose cash assistance is being terminated because they have reached their lifetime limit and have been denied a hardship extension or exemption can may request a fair hearing in accordance with the Department’s hearing procedures in Chapter 65-2, F.A.C., Part VI, Hearings and 45 CFR 205.10. Unless waived, cCash assistance will may be continued or reinstated, in accordance with 7 C.F.R § 273.15(k) 45 CFR 205.10, when the request for a hearing is received by the end of the last day of the month prior to the effective within 10 calendar days from the mailing date of the notice of adverse case action. If the last day of the month falls on a holiday or weekend, the deadline is the next business day. The assistance group must repay cash assistance if the hearing decision is in favor of the Department.

(12) Review of Hardship Extension and Exemption Cases. A review of hardship extension and exemption cases must be completed at least once every two years using the hardship extension and exemption review process of this rule, except for domestic violence cases which must be redetermined no less often than every six months in accordance with 45 C.F.R. § 260.55(b) 45 CFR, Part 260, Section 260.55(b).

(13) Materials incorporated by reference are available from the Economic Self-Sufficiency Headquarters Office at 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700. Forms are also available on the Department’s website at http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx. The CF-ES 2353 is available on the Department’s website at http://www.myflorida.com/accessflorida/.

Rulemaking Specific Authority 414.45 FS. Law Implemented 414.105, 414.14 FS. History–New 9-28-98, Amended 5-27-01, 2-22-06, 11-13-06,________.

 

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: May 1, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 23, 2012