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7.3 FAIR HEARING/APPEAL/GRIEVANCE PROCESS

Welfare Transition Program participants have the right to request a fair hearing to resolve disputes about actions that affect their receipt of TANF-funded Temporary Cash Assistance benefits or services.

DCF and contracted providers will provide appropriate auxiliary aids and reasonable accommodations to persons with disabilities and interpreters to persons with limited English proficiency (LEP) where necessary to afford each individual an equal opportunity to participate in and benefit from the Fair Hearings/Appeal process. For more complete description of services available to ensure equal opportunities for persons with disabilities and/or limited English proficiency (LEP) see: • Americans with Disabilities Act Accommodation Procedures • Chapter 3 of CFOP 060-16 Methods of Administration for Federal Financial Participation • Chapter 4 of CFOP 060-16 Methods of Administration for Federal Financial Participation • Auxiliary Aids and Service Plan

1. Cash Assistance (section 409.285, F.S.): Under section 409.285, F.S., DCF is responsible for providing individuals an opportunity for a fair hearing or appeal before DCF’s Office of Appeal Hearings for any action that results in the disapproval of eligibility for, the modification, or cancellation of TCA payments. Participants receive information about this right at the time of application and with each notice of adverse action.

The participant must file the request within 90 days of the date of a Notice of Adverse Action. If the participant files the request by the end of the last day of the month prior to the effective date of the adverse action, DCF continues assistance through the month the hearing officer hands down a decision. If the fair hearing decision is not in the participant’s favor, the individual may have to repay benefits. If the individual is under sanction for noncompliance with TANF work requirements and requests a fair hearing, the LWDB or service provider must attend/participate in the fair hearing process and provide relevant documentation.

2. Welfare Transition Service Delivery (section 445.024(6), F.S.): The SWDB and DCF are responsible for providing a grievance process for complaints, except complaints of alleged discrimination, related to WT program service delivery, such as work activities, support services, diversion programs, and other workforce functions under WIOA.

The appropriate authority affords individuals who require reasonable accommodations, including language assistance or document translation, to file a grievance, attend a grievance, or review the grievance determination.