CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 1429, 2011 WL 362412
...In response to our order to show cause on jurisdiction, Appellant contends that the hearing officer’s decision is final for purposes of judicial review because the rules adopted by the Department to implement the RTI Program incorporate the “fair hearing” process authorized by section
409.285(2), Florida Statutes, pursuant to which the hearing officer’s decision is the “final administrative decision in the name of the department.” Similarly, the Department contends that the benefits provided under the RTI Program are public assistance benefits and, thus, subject only to the “fair hearing” process established by the Department pursuant to federal regulations. We cannot agree with these arguments. Although the' Department’s rules and section
409.285(2) may contemplate the hearing officer making the final decision in other public assistance cases, section
409.1451(5)(e)2 specifically requires a procedure for challenging the Department’s decision in RTI cases that includes an appeal to the secretary of the Department....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 13199, 2006 WL 2251885
...ned by the agency to be ineligible for developmental services has the right to appeal this decision pursuant to ss.
120.569 and
120.57." (Emphasis added.) In the case at bar J.M. availed himself of the procedure supplied in both sections
393.065 and
409.285, Florida Statutes (2005)....
...nues of relief to one denied developmental care. The DCF is authorized to conduct a statutorily unspecified type of hearing if an application for public assistance "is denied in whole or in part, or if an assistance payment is modified or canceled." § 409.285(1). It appears that the resumption in developmental service J.M. sought is precisely the kind of public assistance section 409.285 was designed to address....
...ed with the clarity one should reasonably expect. As it now stands, an applicant denied developmental services has the option of seeking either a section
120.57 proceeding, accorded by sections
393.065 and
393.125, or a fair hearing as authorized by section
409.285....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 18596, 2011 WL 5842798
...ase was subsequently transferred to a hearing officer with the Department of Children and Family Services (DCF) after section
393.125(l)(a), Florida Statutes, was amended to require the hearing in cases such as this to be provided by DCF pursuant to section
409.285, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2193, 1987 Fla. App. LEXIS 10226
...SHIVERS and THOMPSON, JJ., concur. . See 45 C.F.R. 233.20(a)(3)(i)(B); Section 10C-1.99(1), Florida Administrative Code. . In this type of administrative proceeding within the Department of H.R.S., the hearing officer’s order is the final order of the Department. See Section 409.285, Florida Statutes; Section 10-2.066(1), Florida Administrative Code....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 1559695, 2012 Fla. App. LEXIS 6995
...arings and then transferred to a hearing officer with the Department of Children and Families (DCF) after section
393.125(1), Florida Statutes, was amended to require hearings in cases such as this to be conducted by DCF hearing officers pursuant to section
409.285, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 6786, 2007 WL 1296350
...She was dissatisfied with these providers, and asked for an administrative proceeding to address her concerns. The Agency is required to provide a hearing in certain circumstances, for example, if a person’s application has been rejected or if her assistance payment has been modified or cancelled. See § 409.285, Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5508, 1992 WL 104620
...§ 404.1503 (1991). In Florida, the state agency designated to make this determination is the Department of HRS. See §§ 409.266(1), 2
409.016(1), 3 Fla.Stat. (1989). If the applicant disagrees with the initial determination made by the Department, section
409.285, Florida Statutes (1989), entitled “Opportunity for hearing and appeal” provides: (1) If an application for public assistance is not acted upon within a reasonable time after the filing of the application, or is denied in whole or...
...bject of a hearing. With regard to the department, the decision of the hearing authority is final and binding. The department is responsible for seeing that the decision is carried out promptly. Rule 1008.019, Florida Administrative Code, implements section 409.285 by providing in pertinent part: (1) An individual, his community spouse, or authorized representative may appeal any decision made by the Department concerning his Medicaid eligibility....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 6853
...We agree with the trial court and hold that appellant’s only method of review was by cer-tiorari and not by an action for declaratory judgment. *595 Appellant is seeking review of an administrative order which is unquestionably quasi-judicial in character. The ruling in question was made pursuant to F.S. § 409.285, F.S.A., a statute requiring notice ánd a fair hearing....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 7941, 1992 WL 164181
...od stamp program, even through [sic] the court withheld adjudication of guilt, on 5/4/90.” Appellant’s lawyer subsequently requested restoration of the lost benefits. When HRS denied the request, appellant requested an appeal hearing pursuant to Section 409.285, Florida Statutes (1989)....
...ement signed by appellant, we hold that HRS had no authority to disqualify appellant from receiving food stamps. 5 REVERSED and REMANDED with directions to restore the lost benefits to appellant. 7 C.F.R. § 273 .16®. SMITH and KAHN, JJ., concur. . Section 409.285(1) provides: If an application for public assistance is not acted upon within a reasonable time after the filing of the application, or is denied in whole or in part, or if an assistance payment is modified or canceled, the applicant...
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 764718
...assigned by the division.”); French v. Dep’t of Children & Families,
920 So. 2d 671,
677 (Fla. 5th DCA 2006) (holding that section
120.80(7) allows the Department to
use hearing officers instead of administrative law judges for certain types of
proceedings).
Section
409.285, Florida Statutes (2014), expressly authorizes the
Department’s hearing authority to hear appeals of decisions by the Department
which limit or deny public assistance benefits, such as ICP benefits under the
Medicaid program. Thus, where the Department has limited or denied public
assistance benefits to a recipient, that individual may appeal the decision through a
8
section
409.285 hearing – where all of the rights under chapter 120, including those
contained in section
120.57(1)(e), are expressly made available. Fla. Admin. Code
R. 65-2.042(4) (2014). Because section
409.285 expressly provides for hearings in
appeals of the Department’s limitation or denial of Medicaid benefits, Saunders was
authorized to challenge the Department’s denial of his request concerning his ICP
benefits and to argue that the Department relied on an unpromulgated rule when
calculating his benefits in violation of section
120.57(1)(e).
Further, the hearing officer, whose decision under section
409.285(2) was the
final decision of the Department, was authorized to address the merits of Saunders’
argument because section
120.57(1)(e) prohibits an agency from relying an on
unpromulgated rule when determining a party’s substantial interests. Section
409.285(2) provides for the appointment of hearing officers to preside over
challenges to the Department’s actions in cases where the Department has limited or
denied public assistance benefits....
...required to
appeal the Department’s decision through a section
120.56 rule challenge
proceeding. Rather, Saunders properly challenged the Department’s actions
pursuant to section
120.57(1)(e). Finally, based on the authority set forth in section
409.285, the Department’s hearing officer was authorized to hear Saunders’
challenge to the Department’s actions....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 443, 1988 Fla. App. LEXIS 565
...Hatfield and his wife had two minor children, and the record does not reveal that they were ever divorced or legally separated. In 1980, Hatfield began serving a term of imprisonment, and his wife applied for, and received, financial assistance under the Aid to Families with Dependent Children program (AFDC). See § 409.285, Fla.Stat....
