STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MR. & MRS. JOHN WALLACE BECK, )

)

Petitioners, )

)

vs. ) CASE NO. 81-544L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Brooksville, Florida on April 1, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioners: John Wallace Beck, pro se

202 Portage Path Road Dade City, Florida 33525

For Respondent: James A. Sawyer, Esquire

Department of HRS

3001 Southwest Broadway

Ocala, Florida 32671 ISSUE

Whether Petitioners are eligible for low income energy assistance as provided in Chapter 80-167, Laws of Florida; Rule 10 CER 80-11, amended by Rule

10 CER 81-4.08 through 4.11, Florida Administrative Code.

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 Petitioners. The application was promptly processed by the Respondent Department. A Notice of Application Denial was mailed to Petitioners notifying them that their household income exceeded the monthly income and therefore they were ineligible for benefits. Petitioners made a timely request for a hearing. After 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, Petitioners were

advised of their rights and instructed as to the procedures to be followed at the hearing. Respondent called one witness and offered one exhibit which was entered as evidence.

FINDINGS OF FACT

1. Petitioners Mr. and Mrs. John Wallace Beck requested a hearing by a letter received in the office of Respondent on March 12, 1981. After the required informal hearing with a supervisor in Respondent Department Petitioners requested a formal hearing.

   
   

2. On January 29, 1981 Mr. Beck, a white male, filed a Household Application for low income energy assistance. No one in his household receives food stamps or other subsidies, or is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives with his wife and receives a bill for use of electricity for heating. By Notice of Application Denial mailed March 3, 1981 Petitioners were informed that they were denied assistance for the reason that their monthly income exceeded the maximum income for a household of their size. Action was taken by Respondent within 45 days of Petitioners application, and they were promptly notified of the reason for denial of benefits.

   
   

3. Petitioners did not dispute the evidence presented by Respondent Department but were convinced the income limit by household size was unfair.

   Mr. Beck said he felt the federal government misled people by advertising that there was money available and even extending the deadline to apply but that when need was demonstrated no funds for heating were granted him. He has applied for no other form of public aid.

   
   

4. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioners' income exceeds the income limit of $418.00 for a household of two (2) people.

   
   

   CONCLUSIONS OF LAW

   
   

5. 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.

   
   

6. 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 81-4.08 through 4.11, Florida Administrative Code, to extend the time period for application.

7. Petitioners made application for benefits for a two (2) person household with an adjusted gross January income of $555.96. Rule 10 CER 80- 11.05(1), Florida Administrative Code, requires that the total income received by household members during the month of application be counted. Rule 10 CER 80-11.07, Florida Administrative Code, Determination of Eligibility Based on Income, Subsection (2), limits monthly income for a two (2) person household to

$418.00. Thus the Petitioners are not eligible for low income 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 Petitioners.

DONE and ORDERED this 6th 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 6th day of April, 1981.

COPIES FURNISHED:

Mr. and Mrs. John Wallace Beck

202 Portage Path Road Dade City, Florida 33525

James A. Sawyer, Esquire Department of HRS

3001 SW Broadway

Ocala, Florida 32671

Susan B. Kirkland, Esquire Department of HRS

1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-000544

Orders for Case No: 81-000544