KATHRYN WIGGINS C/O PAMELA ANDREWS, APPELLANT,
v.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Fla. 1st DCA | 2006-01-20
No. 1D04-580
ALLEN, VAN NORTWICK and POLSTON, JJ., concur.
919 So. 2d 619 Florida District Court of Appeal, First District (2006) Positive Treatment
Cited by 3 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant challenges a final order by which the Florida Department of Children and Families reduced her previously approved award of personal care assistance and respite care benefits under the Medicaid Waiver Program. Because a reduction of benefits was at issue, the Department carried the burden of proof to establish its position by a preponderance of the evidence. Fla. Admin. Code R. 65-2.060(1). After thoroughly reviewing the underlying administrative hearing and the subsequent final order, we are unable to conclude that the hearing officer correctly applied the burden of proof in reaching her decision in this case. Accordingly, the final order is reversed and the case is remanded for further proceedings.

REVERSED and REMANDED.

ALLEN, VAN NORTWICK and POLSTON, JJ., concur.


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  • M.B. v. Agency for Persons with Disabilities, 13 So. 3d 509 (Fla. 3d DCA 2009)
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