STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOANNAH REED, )

)

Petitioner, )

)

vs. ) CASE NO. 81-613L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Gainesville, Florida on March 25, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Joannah Reed, pro se

2023 Northwest 34th Avenue Gainesville, Florida 32605

For Respondent: Joseph E. Hodges, Esquire

Department of Health and Rehabilitative Services

2002 NW 13th Street

Oak Park Executive Square Gainesville, Florida 32601

ISSUE

Whether Petitioner is 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 Petitioner. The application was promptly processed by the Respondent Department. A Notice of Application Denial was mailed to Petitioner notifying her that her household income exceeded the monthly income and therefore she 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 her rights and instructed as to the procedures to be followed at the hearing. Petitioner testified, and Respondent called one witness and offered one composite exhibit which was entered as evidence.

FINDINGS OF FACT

1. Petitioner Joannah Reed requested a hearing by telephone and by a written Request for Hearing received in the office of Respondent on March 17, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On February 5, 1981 Reed, a black female, filed a Household Application for low income energy assistance. No one in her household is handicapped or a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives in a housing project with three (3) other people and receives a bill for use of electricity for heating. Three (3) members of her household receive food stamps, and the gross monthly earned and non-earned income is $789.10. By Notice of Application Denial mailed February 26, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded $612.00, the maximum income limit for a household of her size.

   
   

3. Petitioner did not dispute the evidence presented by Respondent but was dissatisfied with the income limits by household size. She stated that many people lied about their income and received benefits, but she told the truth and was denied. The witness for Respondent substantiated the evidence received and explained the procedure followed for the Low Income Energy Assistance Program.

   
   

4. Under Rule 10 CER 80-11.07, Florida Administrative Code, Petitioner Reed's household income exceeds the income limit of $621.00 for a household of four (4) persons. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.

   
   

   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 to extend the time period for application.

   
   

7. Petitioner made application for benefits for a four (4) person household with an adjusted gross income of $789.10. Rule 10 CER 80-11.07, Florida Administrative Code, Determination of Eligibility Based on Income, Subsection (2), limits monthly income for a four (4) person household to

$621.00. Thus the Petitioner is 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.

DONE and ORDERED this 31st day of March, 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 31st day of March, 1981.

COPIES FURNISHED:

Ms. Joannah Reed 2023 NW 34th Avenue

Gainesville, Florida 32605

Joseph E. Hodges, Esquire Department of HRS

2002 NW 13th Street

Oak Park Executive Square Gainesville, Florida 32601

Docket for Case No: 81-000613

Orders for Case No: 81-000613