Section 65-2.048 - Action to Reduce or Discontinue Assistance or Service(1) In all programs other than the Supplemental Nutrition Assistance Program (SNAP), a hearing request filed within ten (10) days after the date of mailing or hand delivery of the notice either orally or written, requires that assistance be continued at the current level until the final written decision of the hearings officer is rendered; unless, a change affecting the appellant's grant occurs while the hearing decision is pending and the recipient fails to request a hearing after notice of the change.(2) In the SNAP program if a household requests a fair hearing, a continuation of benefits within the period provided by the notice of Adverse Action, as set forth in subsection 65-2.043(3), F.A.C., and if certification period has not expired, the household's participation in the program shall be continued on the basis authorized immediately prior to the Adverse Action, unless the household specifically waives continuation of benefits. A form for requesting a fair hearing shall contain space for the household to indicate whether or not continued benefits are requested. If the form does not positively indicate that the household has waived continuation of benefits, the Department shall assume that continuation of benefits is desired and the benefits shall be issued accordingly. If the Department's action is upheld by the hearing decision, a claim against the household shall be established for all over issuances. If a hearing request is not made within the period provided by the notice of Adverse Action, benefits shall be reduced or terminated as provided in the notice. However, if the household establishes that its failure to make the request within the advance notice period was for good cause, the Department shall reinstate the benefits to the prior basis. When benefits are reduced or terminated due to a mass change, participation on the prior basis shall be reinstated only if the issue being contested is that SNAP eligibility or benefits were improperly completed or that federal law or policy is being misapplied or misinterpreted by the Department. Once reinstated or continued, benefits shall not be reduced or terminated prior to the receipt of the hearing decision unless:
(a) The certification period expires. The household may reapply and may be determined eligible for a new certification period with benefit amount as determined by the Department.(b) The hearing officer makes a preliminary determination, in writing and at the hearing that the sole issue is one of federal law, regulation, or policy and that the household's claim that the Department improperly computed the benefits or misapplied or misinterpreted such law, regulation or policy is invalid.(c) A change affecting the household's eligibility or basis of issuance occurs while the hearing decision is pending and the household fails to request a hearing after the subsequent notice of adverse action.(d) A mass change affecting the household's eligibility or basis of issuance occurs while the hearing is pending. The Department shall promptly notify the household in writing if benefits are reduced or terminated pending the hearing decision.
Fla. Admin. Code Ann. R. 65-2.048
Rulemaking Authority 409.285 FS. Law Implemented 409.285 FS.
New 5-17-78, Amended 3-1-79, Formerly 10-2.48, 10-2.048, Amended by Florida Register Volume 44, Number 055, March 20, 2018 effective 4/2/2018.New 5-17-78, Amended 3-1-79, Formerly 10-2.48, 10-2.048, Amended 4-2-18.