Fla. Admin. Code Ann. R. 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.
Notes
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, 4-2-18.
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