This rule amendment will provide clarification of the hearing rights for individuals who have been denied a hardship extension or exemption to the 48-month lifetime limit on the receipt of Temporary Cash Assistance (TCA). The time frame to provide ...

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program

RULE NO: RULE TITLE
65A-4.201: Criteria for Hardship Extensions to Assistance Time Limitations
PURPOSE AND EFFECT: This rule amendment will provide clarification of the hearing rights for individuals who have been denied a hardship extension or exemption to the 48-month lifetime limit on the receipt of Temporary Cash Assistance (TCA). The time frame to provide for the continuation or reinstatement of benefits during the appeal process will be aligned with federal regulations in 45 CFR 205.10.
SUMMARY: The proposed rule amendment clarifies the timeframe for requesting the continuation or reinstatement of TCA benefits during the appeal process for an individual who has been denied a hardship extension or exemption to the 48-month lifetime limit on receipt of TCA. The rule amendment provides for the continuation or reinstatement of TCA benefits, in accordance with 45 CFR 205.10, if the request for a hearing is filed within 10 days of the mailing date on the notice of adverse action.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 414.45 FS.
LAW IMPLEMENTED: 414.105 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):
TIME AND DATE: August 31, 2006, 1:30 p.m.
PLACE: 1317 Winewood Blvd., Bldg. 3, Room 455, Tallahassee, Florida 32399-0700
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Eileen Schilling, Program Administrator, Economic Self-Sufficiency, 1317 Winewood Boulevard, Bldg. 3, Room 414, Tallahassee, Florida 32399-0700, Telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) through (10) No change.

(11) Hearing rights. Participants whose cash assistance is terminated because they have reached their lifetime limit and have been denied a hardship extension or exemption may request a fair hearing in accordance with Chapter 65-2, F.A.C., Part IV, Hearings and 45 CFR 205.10. Cash assistance may be continued or reinstated, in accordance with 45 CFR 205.10, when the request for a hearing is received within 10 calendar days from the mailing date of the notice of adverse case action. The assistance group must repay cash assistance if the hearing decision is in favor of the department.

(12) No change.

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

NAME OF PERSON ORIGINATING PROPOSED RULE: Lonna Cichon, Government Operations Consultant II
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jennifer Lange
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 7, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 10, 2006