65-2.045: Hearings Request
65-2.056: Basis of Hearings
65-2.057: Conduct of Hearing
65-2.058: Appearances
PURPOSE AND EFFECT: The rule amendments are to clarify the rule language in areas of authorized representatives, the de novo nature of the hearing, align the confidentiality requirements with federal requirements, remove language that is duplicative of language of the uniform rules, and remove the language that provides for class action hearings.
SUMMARY: The proposed rule amendments address procedural guidelines for administrative hearings that are conducted within the Department of Children and Family Services for the federally funded public assistance programs.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 409.285 FS.
LAW IMPLEMENTED: 409.285 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: September 19, 2006, 1:30 p.m.
PLACE: 1317 Winewood Boulevard, Building 3, Room 100, Tallahassee, FL 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Pritchard, Chief of Appeal Hearings, Telephone (850)488 1429
THE FULL TEXT OF THE PROPOSED RULE IS:
65-2.045 Hearings Request.
(1) through (2) No change.
(3) A Request for Hearing may be made by the applicant/recipient or someone in his/her behalf. However, if the appeal is filed by someone other than the applicant/recipient, attorney, legal guardian, spouse, or next of kin, or the grantee relative in cash assistance, or a person allowed by the department as an authorized representative to participate in the eligibility determination, AFDC the person making the appeal must have written authorization of the applicant/recipient. Such written authorization must may accompany the Hearing Request, or be presented by the time of the Hearing. 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 appeal will be dismissed.
(4) through (5) No change.
(6) This amendment is to be effective March 1, 1979.
Specific Authority 120.53, 20.05, 409.026, 409.285 FS. Law Implemented 120.53, 120.57, 120.58, 409.285 FS. History–New 5-17-78, Amended 3-1-79, Formerly 10-2.45, 10-2.045, Amended_______.
65-2.056 Basis of Hearings.
(1) through (2) No change.
(3) The Hearing Officer must shall determine whether the department's decision on eligibility or procedural compliance action by the agency was correct at the time the decision was made action was taken. The hearings are de novo hearings, in that, either party may present new or additional evidence not previously considered by the department in making its decision.
Specific Authority 120.53, 20.05, 409.026, 409.285 FS. Law Implemented 120.53, 120.57, 120.58, 409.285 FS., 7 C.F.R. 271.1(o), 45 C.F.R. 205.10. History–New 5-18-78, Formerly 10-2.56, 10-2.056, Amended_______.
65-2.057 Conduct of Hearing.
The Hearing is a formal proceeding and shall be conducted pursuant to these rules. At the request of the petitioner, the Hearing may be conducted as an informal proceeding pursuant to Section 120.57(2), F.S.
(1) through (8) No change.
(9) Federal regulations require that public assistance the welfare records shall be confidential. Hearings conducted pursuant to these rules are only not open to any person except a party or witness, except as provided in federal regulation without consent of the appellant.
(10) The parties or their representatives shall have an opportunity to submit a proposed findings of facts and orders, filed exceptions, to the Hearings Officer within 14 days after the Hearings.
(10)(11) A Hearings Officer shall not grant a motion for rehearing or reconsideration.
(11)(12) The Hearing Official shall insure that all relevant issues are considered.
(12)(13) The Hearing Official shall request, receive and make part of the record information determined necessary to decide the issues being raised.
(13)(14) Hearing request from households, such as migrant farm workers, shall be processed faster than others if necessary to enable them to receive a decision before they leave the area.
(15) These amendments are to be effective March 1, 1979.
Specific Authority 120.53, 20.05, 409.026, 409.285 FS. Law Implemented 120.53, 120.57, 120.58, 409.285 FS. History–New 5-17-78, Amended 3-1-79, Formerly 10-2.57, 10-2.057, Amended_______.
65-2.058 Appearances.
(1) A person may be represented by an attorney, or other qualified representative or may appear on their own behalf. A class of persons may be represented as provided in Rule 1.220, F.R.C.P., proceedings under these rules.
(2) The hearing shall be attended by a representative of the Department.
(3) Food Stamps regulations allows the attendance of friends or relatives of the household if the household so chooses. The Hearings Officer has the authority to limit the number of persons in attendance if space limitations exist.
(4) These amendments are to be effective March 1, 1979.
Specific Authority 120.53, 20.05, 409.026, 409.285 FS. Law Implemented 120.53, 120.57, 120.58, 409.285 FS. History–New 5-17-78, Amended 3-1-79, Formerly 10-2.58, 10-2.058, Amended __________.