The 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.
Notes
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.
New 5-17-78, Formerly 10-2.42, 10-2.042, Amended 10-30-00,
4-2-18.
