Judges: DELPHENE C. STRICKLAND
Agency: Department of Children and Family Services
Latest Update: Apr. 16, 1981
Summary: Respondent Department of Health and Rehabilitative Services was designated in Chapter 80-167, Laws of Florida, as the state agency to administer the Federal Home Energy Assistance Program as provided in Title III, Public Law 96-Petitioner makes too much money to receive low income energy assistance.
81-0479.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
WILLIE WILLIAMS, )
)
Petitioner, )
)
vs. ) CASE NO. 81-479L
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, an administrative hearing was held in Jacksonville, Florida on March 24, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.
APPEARANCES
For Petitioner: Mr. Willie Williams
101 West 19th Street Jacksonville, Florida 32208
For Respondent: Paul C. Doyle, Esquire
Department of Health and Rehabilitative Services
5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231
ISSUE
Whether Petitioner is eligible for low income energy assistance as provided in Chapter 80-167, Laws of Florida; Rule 10 CER 80-11, Florida Administrative Code, amended by Rule 10 CER 81-4.08 through 4.11.
PRELIMINARY STATEMENT
Respondent Department of Health and Rehabilitative Services was designated in Chapter 80-167, Laws of Florida, as the state agency to administer the Federal Home Energy Assistance Program as provided in Title III, Public Law 96-
223. 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. A Notice of Application Denial was mailed to Petitioner notifying him that his household income exceeded the monthly income and therefore he was ineligible for benefits. Petitioner made a timely request for a hearing. After Petitioner had an informal conference with a supervisor of the
Respondent Department this administrative hearing was scheduled. Immediately prior to commencement of the hearing, in the presence of all parties, Petitioner was advised of his rights and instructed as to the procedures to be followed at the hearing. Respondent called one (1) witness and offered two (2) exhibits which were entered as evidence.
FINDINGS OF FACT
Petitioner Willie Williams requested a hearing by a letter received in the office of Respondent on March 4, 1981. After having an informal conference with a supervisor in Respondent Department, Petitioner requested a formal hearing.
On January 26, 1981 Williams, a black male, filed a household application for low income energy assistance. No one in his household is handicapped or a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives alone in a house and received a bill for use of kerosene for heating. He receives food stamps, and his gross monthly income consists of $348.98 social security payments and $10.32 insurance payments. By Notice of Application Denial mailed February 19, 1981 Petitioner was informed that he was denied assistance for the reason that his adjusted monthly income exceeded the maximum income limit for a household of his size.
Petitioner did not dispute the evidence presented by Respondent but was dissatisfied with the income limits by household size and stated that he was ill and had much difficulty meeting his payments and needed assistance. The witness for the Respondent substantiated the evidence received and explained the procedure followed for the Low Income Energy Assistance Program.
Under Rule 10 CER 80-11.07 Petitioner Williams' household exceeds the income limit of $316.00 for a household of one person. Action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of this matter and the parties thereto pursuant to Section 120.57, Florida Statutes, and Rule
10 CER 80-11.13, Rules Promulgated by the Department of Health and Rehabilitative Services, Florida Administrative Code.
Chapter 80-167, Laws of Florida, Energy Research and Development Task Force, Section 4, Home Energy Assistance Benefits authorizes the Department of Health and Rehabilitative Services to administer the Federal Home Energy Assistance Program as provided in Title III, Public Law 96-223 and to provide home energy assistance benefits to eligible households. The Department of Health and Rehabilitative Services promulgated Emergency Rule 10 CER 80-11 to carry out the provisions of the act and amended said Rule by Emergency Rule 10 CER 81-4 to extend the time period for application.
Petitioner made application for benefits for a one person household with an adjusted gross income of S359.30. Rule 10 CER 80-11.07, Florida Administrative Code, Determination of Eligibility Based on Income, Subsection (2), limits monthly income for a one (1) person household to $316.00. Thus, the Petitioner is not eligible for low energy assistance.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be denied.
DONE and ORDERED this 1st day of April, 1981, in Tallahassee, Leon County, Florida.
DELPHENE C. STRICKLAND
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 1st day of April, 1981.
(904) 488-9675
COPIES FURNISHED:
Mr. Willie Williams
101 West 19th Street Jacksonville, Florida 32208
Paul C. Doyle, Esquire Department of HRS
5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231
Susan B. Kirkland, Esquire Department of HRS
1317 Winewood Boulevard
Tallahassee, Florida 32301
Docket for Case No: 81-000479
Orders for Case No: 81-000479
