Section 65-2.042 - Applicant/Recipient Fair HearingsThe Department of Children and Families, hereinafter referred to as Department, is required to provide notice and an opportunity of a hearing to any applicant or recipient when the Department's action, intended action or failure to act would adversely affect the individual's or family's eligibility for an amount or type of financial assistance, medical assistance, social services, Temporary Assistance of Needy Families (TANF), or Supplemental Nutrition Assistance Program (SNAP) benefits, or where action on a claim for such assistance or services is unreasonably delayed.
(1) The hearings covered by Rule 65-2.042, F.A.C., et seq., are those within the Department of Children and Families in the execution of those social and economic programs administered by the former Division of Family Services of the Department of Health and Rehabilitative Services prior to the reorganization effected by Chapter 75-48, Laws of Florida.(2) Parties in any Section 120.569, F.S., proceedings are agencies and appellants. Party includes the Agency.(3) Hearing officer shall mean the individual presiding over the hearing. The hearings will be conducted by a hearing officer from the Office of Appeal Hearings, which is within the Office of Inspector General.(4) All parties shall be entitled to receive notice of hearings, conferences and decisions of the Department and those other rights afforded by Chapter 120, F.S.(5) When staff personnel and others appear as witnesses, the staff and others shall be sworn and subject to examination and cross-examination.(6) These hearings are conducted in accordance with Rule 65-2.042, F.A.C., et seq., and the Uniform Rules of Procedure, Chapter 28-106, F.A.C. The Department has been granted exceptions to complying with certain Uniform Rules by the Administration Commission. (a) An exception was granted for Rule 28-106.104, F.A.C., Filing. The Department relies upon Rule 65-2.045, F.A.C., Hearings Request.(b) An exception was granted for Rule 28-106.105, F.A.C., Appearances. The Department relies upon Rule 65-2.058, F.A.C., Appearances.(c) An exception was granted for Rule 28-106.106, F.A.C., Who May Appear; Criteria for Qualified Representatives. The Department relies upon Rule 65-2.058, F.A.C., Appearances.(d) An exception was granted for Rule 28-106.107, F.A.C., Standards of Conduct for Qualified Representatives. The Department relies upon Rule 65-2.058, F.A.C., Appearances.(e) An exception was granted to Rule 28-106.109, F.A.C., Notice to Interested Parties. There is no substitute for this rule.(f) An exception was granted to Rule 28-106.111, F.A.C., Point of Entry into Proceedings and Mediation. The Department relies upon Rule 65-2.043, F.A.C., Hearing Request and Notification of Right to Hearings.(g) An exception was granted for Rule 28-106.201, F.A.C., Initiation of Proceeding. The Department relies upon Rule 65-2.043, F.A.C., Hearing Request and Notification of Right to Hearings.(h) An exception was granted to Rule 28-106.210, F.A.C., Continuances. The Department relies upon Rule 65-2.059, F.A.C., Continuances.Fla. Admin. Code Ann. R. 65-2.042
Rulemaking Authority 409.285 FS. Law Implemented 409.285 FS.
New 5-17-78, Formerly 10-2.42, 10-2.042, Amended 10-30-00, Amended by Florida Register Volume 44, Number 055, March 20, 2018 effective 4/2/2018.