Section 65-2.045 - Hearings Request(1) A request for hearing is defined as any clear written or oral statement to the Department that the applicant/recipient or his/her authorized representative wants an opportunity to present the case to a higher authority. The freedom to make such a request shall not be limited or interfered with in any way.(2) The date of the request is the date it is received by the Department.(3) A request for hearing may be made by the applicant/recipient or someone on his/her behalf. However, if the appeal is filed by someone other than the applicant/recipient, attorney, legal guardian, spouse, next of kin, the grantee relative in cash assistance, or a person allowed by the Department as an authorized representative to participate in the eligibility determination, the person making the appeal must have written authorization of the applicant/recipient. Such written authorization must accompany the hearing request. Should the request be filed without the written authorization, the authorization must be provided in response to a request from the Department or hearing officer, prior to the appeal going forward. Without prior proper written authorization, the Department will treat a request for hearing as being made by someone not authorized to do so. Therefore, the appeal will be dismissed.(4) The request shall be in written form when made by someone other than the applicant/recipient.(5) In appeals related to the Supplemental Nutrition Assistance Program (SNAP) program the Department upon request shall make available without charge the specific materials necessary for a household, or its representative, to determine whether a hearing should be requested or to prepare for a hearing. Upon request, the Department shall also help the household with its hearing request. If there is an individual or organization available that provides free legal representation, the household shall also be informed of the availability of that service.Fla. Admin. Code Ann. R. 65-2.045
Rulemaking Authority 409.285 FS. Law Implemented 409.285 FS.
New 5-17-78, Amended 3-1-79, Formerly 10-2.45, 10-2.045, Amended 1-8-07, Amended by Florida Register Volume 44, Number 055, March 20, 2018 effective 4/2/2018.