BROCHURE

Guide to Administrative Hearings
on Issues Other Than Medicaid

(logo)
Agency for Persons with Disabilities
State of Florida 

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Your administrative hearing rights
for issues not related to Medicaid

Two types of administrative hearings are available to individuals substantially affected by actions of the Agency
for Persons with Disabilities (APD). If APD seeks to deny, reduce, terminate, or suspend Medicaid Waiver services,
the hearings are conducted by the Office of Appeal Hearings, Department of Children and Families (DCF). If
APD seeks to take action that is unrelated to the Medicaid program, the hearings are conducted by either the
Division of Administrative Hearings or an agency hearing officer. The purpose of these hearings is to provide an
opportunity for an impartial, objective review of actions APD proposes to take in the programs it administers.
This brochure discusses your administrative hearing rights for issues not related to the Medicaid program.

In compliance with Chapter
120, Florida Statutes, APD
provides administrative
hearings before the Division
of Administrative Hearings
(DOAH) when there are
disputed issues of fact. If
no facts are disputed, an
agency hearing officer may
be appointed to conduct
the hearing.

A request for hearing must
be in writing and must be
physically received by APD
(not just put in the mail)
within 21 days of the date
you actually receive the
notice of agency action.
A request received after
5 p.m. or on a day that APD
is not open for business will
be considered filed as of
8 a.m. the next business
day. A request sent by fax
is considered filed at the
time it is actually received,
not when it is sent, subject
to the same time limitations
discussed earlier.
Section 120.54(5)(b)5,
Florida Statutes, requires
that your hearing request
contain the following:

• The name, address,
and telephone number
of the person making
the request and the
name, address, and
telephone number of
the person’s counsel or
representative (if any)
designated to receive
pleadings and other
official papers.

• A statement that you
are requesting an
administrative hearing
and dispute the facts
alleged by the agency,
in which case the facts
in dispute must be
identified; or that you
are requesting a hearing
but do not dispute the
facts underlying the
agency’s decision.

• A reference to, or copy
of, the agency decision
and the date you
received it.

If you need help in making
your request, contact your
APD area office.

If you disagree with the
facts alleged in the agency
notice, APD will forward
your hearing request
to DOAH with a notice
requesting assignment of an
Administrative Law Judge
(ALJ). For your convenience,
APD will also request that
the hearing be held in the
area where you live. DOAH
will assign an ALJ and issue
an Initial Order notifying
the parties of the judge’s
name and the DOAH case
number. This will be sent
to the address provided in
the hearing request. If that
address changes, DOAH
should be notified in writing.

At least 14 days before the
hearing, DOAH will issue a
Notice of Hearing that states
the time and place of the
hearing and information about
hearing procedures and the
issues to be considered. APD
will be represented by an
attorney. DOAH has posted
information at www.doah.state.fl.us/internet/RepYourself.
cfm that might be helpful if you are representing yourself.
Also, APD keeps a list of possible pro bono legal
resources at apdcares.org/legal-resource-listing.

Before your hearing, you can ask for copies of the
documents and records that APD will be using. If you
cannot attend the hearing on the date it is scheduled,
you must request a continuance from the ALJ. Except
for an extreme emergency, the request must be made at
least five days before the scheduled hearing date. You
also must contact the other party to see if they agree to a
continuance and obtain other possible hearing dates.

At the hearing, both parties will be able to present their
cases, bring witnesses, submit evidence, and question or
refute any evidence or testimony offered by the opposing
party. The ALJ is an impartial, independent person who is
not employed by APD and who does not have a personal
interest in the outcome of the case. A record is made of
everything that is said at the hearing.

After the hearing, each party can submit a written
recommendation on how the ALJ should rule. Then
the ALJ will issue a Recommended Order to APD. If
either party disagrees with the Recommended Order
or believes that the ALJ made a mistake, the party can
submit objections (called “exceptions”) to APD within 15
days of the Recommended Order’s date. The exceptions
should reference the specific paragraphs in the Order
objected to and the reasons for the objections. APD will
consider and rule on exceptions when it considers the
Recommended Order. Usually, APD must issue a Final
Order within 90 days of the Recommended Order’s date.

If you request a hearing but do not dispute the facts
on which APD based its decision, APD may assign
an agency employee to be the hearing officer. The
agency hearing officer will tell you when and where the
hearing will be held. You can appear for the hearing in
person or by telephone, and you may represent yourself
or be represented by an attorney or other qualified
representative.

At the hearing, you will have the opportunity to explain
the circumstances surrounding the facts asserted by APD
and to argue for what you believe it should do, such as
issue an employment exemption or impose a lower fine,
for example. You may bring witnesses to the hearing to
testify on your behalf and documents for APD to consider.

After your presentation, APD’s representative may
question you or your witnesses. At the end of the hearing,
the hearing officer will summarize the hearing and issue a
Final Order.

Whether your hearing is before an APD hearing officer or
an ALJ, if the Final Order is not in your favor, you have
the right to appeal the decision to the appropriate District
Court of Appeal within 30 days of the Final Order’s date.
The Final Order will include a statement explaining your
right to appeal.

At any time after a hearing is requested, the requesting
party has the right to withdraw the request by informing the
assigned ALJ or hearing officer in writing. Then the ALJ or
hearing officer will close the case.

In accordance with the Americans with Disabilities Act,
persons needing special accommodation to participate in
a hearing should make a request at least seven days in
advance. For DOAH proceedings, call (850) 488-9675.
For APD hearings, call (850) 921-3793 or write to the APD
Agency Clerk’s Office, 4030 Esplanade Way, Suite 380,
Tallahassee, FL 32399-0950. Requests regarding either type
of hearing can also be made via the Florida Relay Service at
1-800-955-8771 (TDD) or 1-800-955-8770 (voice).

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Agency for Persons with Disabilities
4030 Esplanade Way, Suite 380
Tallahassee, FL 32399-0950
1-866-APD-CARES (1-866-273-2273)
(850) 488-4257
apdcares.org

DECEMBER 2010