What is the Due Rights Process?
General information on rights to a fair hearing under Chapter 45 s. 205.10, Code of Federal Regulations. Under the Independent Living Benefits Program you have rights to appeal decisions under Chapter 45 s. 205.10 of the Code of Federal Regulations and s. 409.1451(5)(e), Florida Statutes. Chapter 45 s. 205.10 of the Code of Federal Regulations provides for fair hearings which are used to challenge or appeal actions relating to federally funded services. Section 409.1451(5)(e) provides for an appeal, which can be provided by a fair hearing. A fair hearing is only available when services are paid using federal Independent Living funding. You may request a fair hearing when a request for services is denied, when the Department fails to act on a request for services within ten [10] days of that request, or when services you are currently receiving are reduced or terminated. What is a fair hearing? A fair hearing is an appeal by an individual when an agency, in this case your community base
