(1) Federal Regulation 45 C.F.R. § 233.20(a)(13) requires the Department to recover overpayments of the Temporary Assistance of Needy Families (TANF) Program. Fl. Admin. Code R. 65A-1.900, provides the method and procedures to be used by the Department to implement 45 C.F.R. § 233.20(a)(13).

Terms Used In Florida Regulations 65-2.068

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
    (2) The Department must notify a person who has been paid benefits to which he/she was not entitled. The notice shall include the amount of overpayment, the dates of overpayment, the reason overpayment occurred, and a statement that action will be taken to recover this overpayment by a reduction in the TANF grant, or through court action. The notice shall include the person’s right to request a hearing if he/she disagrees with the Department’s determination that an overpayment occurred or if he/she disagrees with the amount of overpayment.
    (3) The hearings will meet the requirements of 45 C.F.R. § 205.10 and Florida Statutes § 120.569 The hearing will be conducted in accordance with Fl. Admin. Code R. 65-2.042, et seq.
    (4) The hearing officer shall enter an Order upon completion of the hearing process. This Order shall be final and binding upon the Department and appealable by the person to the appropriate District Court of Appeal.
Rulemaking Authority 409.285 FS. Law Implemented Florida Statutes § 409.285. History-New 4-5-83, Formerly 10-2.68, Amended 4-28-86, Formerly 10-2.068, Amended 4-2-18.