Authorities and Resources

This information is being provided by the Appeal Hearings Section to assist with understanding the administrative hearing process used by hearing officers of the Department.  It is important to remember that the information presented is general and does not cover all situations that may arise in a case.

Jurisdictional authority for the Appeals Hearing Section to conduct administrative hearings is provided by §§ 409.285(1), F.S., 120.80(7), F.S., 400.0255(8), F.S., and 393.125, F.S..

Authority for administrative hearings conducted by the Appeal Hearings Section include the Florida Administrative Procedures Act (Chapter 120, F.S.), the Uniform Rules (Rule 28-106, F.A.C.), the Appeal Hearings Rules of Practice and Procedure (Rule 65-2, F.A.C.), and state and federal program regulations.

Supplemental Nutrition Assistance Program (SNAP) federal regulations can be found at Title 7 Code of Federal Regulations (C.F.R.) Part 273.  State regulations can be found at Rule 65A-1, F.A.C.

Medicaid Program federal regulations can be found at 42 C.F.R. Part 431.  State regulations can be found at Rule 65A-1, F.A.C.

Temporary Cash Assistance Program, otherwise known as Temporary Assistance for Needy Families (TANF), federal regulations can be found at 45 C.F.R. § Part 205.  State regulations can be found at Rule 65A-4, F.A.C.

Nursing home transfer or discharge federal regulations can be found at 42 C.F.R. § 483.15.  State regulations can be found at § 400.0255, F.S.