Division of Administrative Hearings, Florida
Latest Update: Dec. 07, 1981
Respondent Department of Health and Rehabilitative Services was designated in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program, as the state agency to administer the Federal Home Energy Assistance Program as provided for in Title III, Public Law 96-223, "Home Energy Assistance Act of 1980." Pursuant thereto Respondent instituted the Low Income Energy Assistance Program. A timely Household Application for benefits on an approved form was received from Petitioner. The application was promptly processed by the Respondent Department. Petitioner was notified to complete his application by filing a properly completed Medical Certification for Cooling. A Notice of Application Denial was mailed to Petitioner notifying him that his application was denied for failure to provide the required information. Petitioner made a timely request for a hearing. After an informal conference with a supervisor of Respondent Department this administrative hearing was scheduled. Immediately prior to commencement of the hearing, in the presence of all parties, Petitioner's wife was recognized by the Hearing Officer as a qualified representative, and she was advised of her rights and instructed as to the procedures to be followed at the hearing. Petitioner's wife testified on behalf of Petitioner and the family unit, which consists of Petitioner and his wife.Petitioner didn't provide medical proof of necessity for cooling. Recommend denial of low income energy assistance to Petitioner.