Fwd: FCC: - IMPORTANT-10 DAY WINDOW FOR APPEAL INFO

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Family Care Council Communication:

For your information and sharing.

Bob Wessels

Employment Coordinator, Community Outreach, FCC Liaison

Agency for Persons with Disabilities

201 West Broward Blvd., Suite 305

Fort Lauderdale, FL 33301

Tel: - Fax:

Email: _Wessels@...

www.apdcares.org

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The Agency supports Persons with Developmental Disabilities in Living,

Learning and Working in their Community.

----- Forwarded by Wessels/APD/DCF on 09/12/2008 06:35 AM -----

From: CBETTYKAY@...

Sent: Thursday, September 11, 2008 8:26 PM

Subject: FCCF-IMPORTANT-10 DAY WINDOW FOR APPEAL INFO

To All:

IN response to several calls and questions on the 10 day appeal

window, I had an opportunity to speak with APD attorney, Bedell

late this afternoon and she has sent the following clarification.

Also they are working on the fax issue and should now be accessed

better. I know we all thank for her quick response.

Betty Kay

FCCF Chairperson

You asked that I confirm our conversation about the filing deadlines

for

fair hearing requests on the tier assignments. Our Notice of Hearing

Rights provides that if you file a request for hearing within 10 days

of

receiving notice of your tier assignment, your services will continue

at

the existing level until the final decision on your request for

hearing.

In calculating our deadline for receiving these requests, we have

allowed 5

days for customers to receive the notices. The notices were mailed

on

September 2. As the 5th day fell on a Saturday, we calculated the 10

day

clock to start on September 8. Therefore, any requests for a hearing

on a

tier assignment received by the Agency Clerk by close of business on

September 18 will automatically be treated as filed within the 10 day

period. Requests received after September 18 will not be eligible

for

continued services unless the request indicates that the tier notice

was

received later than September 8. These cases will be considered on a

case

by case basis for timeliness. Anyone who has questions concerning

deadlines should contact the Agency Clerk or the General Counsel's

office.

Each request for hearing will be acknowledged by letter or by an

order

which seeks additional information to complete a request.

Bedell

Agency for Persons with Disabilities

4030 Esplanade Way; Suite 380

Tallahassee, FL 32399-0950

Phone:

Fax:

Toll Free: 1.

E-mail: cathy_bedell@...

NOTICE: Florida has a broad public records law. Most written

communications to or from state officials are public records that

will be

disclosed to the public and the media upon request. E-mail

communications

may be subject to public disclosure.

NOTICE: Florida has a broad public records law. Most written

communications to or from state officials are public records that will be

disclosed to the public and the media upon request. E-mail communications

may be subject to public disclosure.