Sec. 65-2.068 - TANF Overpayment Hearings

ยง 65-2.068. TANF Overpayment Hearings

(1) Federal Regulation 45 C.F.R. 233.20(a)(13) requires the Department to recover overpayments of the Temporary Assistance of Needy Families (TANF) Program. Rule 65A-1.900, F.A.C., provides the method and procedures to be used by the Department to implement 45 C.F.R. 233.20(a)(13).

(2) The Department must notify a person who has been paid benefits to which he/she was not entitled. The notice shall include the amount of overpayment, the dates of overpayment, the reason overpayment occurred, and a statement that action will be taken to recover this overpayment by a reduction in the TANF grant, or through court action. The notice shall include the person's right to request a hearing if he/she disagrees with the Department's determination that an overpayment occurred or if he/she disagrees with the amount of overpayment.

(3) The hearings will meet the requirements of 45 C.F.R. 205.10 and Section 120.569, F.S. The hearing will be conducted in accordance with Rule 65-2.042, F.A.C., et seq.

(4) The hearing officer shall enter an Order upon completion of the hearing process. This Order shall be final and binding upon the Department and appealable by the person to the appropriate District Court of Appeal.

(New 4-5-83, Formerly 10-2.68, Amended 4-28-86, Formerly 10-2.068, Amended by Florida Register Volume 44, Number 055, March 20, 2018 effective 4-2-18.)

Rulemaking Authority 409.285 FS. Law Implemented 409.285 FS.

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