The hearing shall include consideration of:
- (1) Any Department action, or failure to act with reasonable promptness, on a claim of financial assistance, social services, medical assistance, Temporary Assistance of Needy Families (TANF), or Supplemental Nutrition Assistance Program (SNAP) benefits, which includes delay in reaching a decision on eligibility in both initial and subsequent determination, or in making a payment, the amount of payment, change in payments, refusal to consider a request for or undue delay in making an adjustment in payment, and discontinuance, termination or reduction of such assistance.
- (2) The hearing officer must determine whether the Department’s decision on eligibility or procedural compliance was correct at the time the decision was made. 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.
Rulemaking Authority 409.285 FS. Law Implemented 409.285 FS. History–New 5-18-78, Formerly 10-2.56, 10-2.056, Amended 12-11-06, 4-2-18.