STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EDMUND ESIELIONIS, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1001L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Clearwater, Florida on May 14, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Edmund Esielionis, pro se

503 69th Avenue

St. Petersburg Beach, Florida 33706 For Respondent: No appearance

ISSUE

Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980) Home Energy Assistance Program; Rule

10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.

PRELIMINARY STATEMENT

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 reviewed by the Respondent Department. A Notice of Application Denial was mailed to Petitioner notifying him that his application for low income energy assistance benefits was denied because of his failure to timely provide requested information.

Petitioner requested 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

was advised of his rights and instructed as to the procedures to be followed at the hearing. Petitioner testified in his own behalf. An employee of Respondent was sworn and allowed to testify, and one composite exhibit was entered as evidence.

FINDINGS OF FACT

1. Petitioner Edmund Esielionis requested a hearing by a letter received in the office of Respondent on March 22, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 29, 1981 Esielionis, a white male, filed a Household Application for low income energy assistance. No one in his household is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives with one other person, receives food stamps, and receives a bill for use of electricity for heating. On February 23, 1981 Respondent notified Petitioner that his application could not be processed without verification of income and requested him to provide the information within ten (10) working days. Petitioner failed to reply. By Notice of Application Denial mailed March 12, 1981 Petitioner was informed that he was denied assistance for the reason that he failed to provide requested information by a specified deadline date of ten (10) working days. There is a discrepancy between a statement as to income on the food stamp record of Petitioner and the application he submitted. Respondent requested verification of income which Petitioner failed to provide.

   
   

3. Petitioner did not dispute the evidence presented by Respondent Department or blame them for following their rules but said that he did not pick up his mail because he was out of town and could not have sent in the requested verification of income since he did not receive the request. He said he needed assistance and felt he should met have been denied for failure to respond to just that one letter asking for verification.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction of this matter and the parties thereto pursuant to Section 120.57, Administrative Procedures Act, Florida Statutes, and Rule 10 CER 80-11.13, Hearings for Individual Households, Rules Promulgated by the Department of Health and Rehabilitative Services, Florida Administrative Code.

   
   

5. Section 409.508, Florida Statutes (1980), Home Energy Assistance Program, Section 2, designates the Department of Health and Rehabilitative Services 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," and to provide home energy assistance benefits to eligible households. The Department of Health and Rehabilitative Services promulgated Emergency Rule 10 CER 80-11, Low Income Energy Assistance Program, to carry out the provisions of the act and amended said rule by Emergency Rule 10 CER 81- 4.08, Florida Administrative Code, to extend the time period for application to February 13, 1981. Respondent has followed the foregoing statute, act and rules

6. Rule 10 CER 80-11.06, Verification and Documentation, provides:

   
   

   1. All income which is not excluded must be verified or documented unless the declaration given on the application form indicates ineligibility.

      * * *

      (6) When sufficient verification or documentation of income other than that given in (4) and (5) above is not presented with the application form a request for the necessary information will be mailed to the household with a ten working day deadline given for response. The application will be denied if the individual does not provide the information or contact the worker by the deadline date. The worker will attempt to assist the individual in securing the information if the individual contacts the worker by the specified date and indicates he or she has been unable to secure the information.

      
      

7. Rule 10 CER 80-11.08, Application Procedures and Processing, provides:

   
   

   (6) When questions on the application form are unanswered or incomplete the

   worker may request the missing information from the applicant by telephone. When

   the applicant cannot be reached by phone or the worker believes the information cannot be clarified by telephone

   a written request for the information will be mailed to the applicant with a deadline date of ten working days given for response. The application will be denied if the applicant does not contact the worker and/or provide the information by the deadline date.

   
   

8. Respondent attempted to contact Petitioner and being unable to do so mailed a written request for verification of income to the applicant at the address he provided. When the Petitioner did not contact the worker or provide the required information by the deadline date his application was denied pursuant to the foregoing rule.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered denying benefits to Petitioner.

DONE and ORDERED this 17th day of June, 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 17th day of June, 1981.

COPIES FURNISHED:

Mr. Edmund Esielionis

503 - 69th Avenue

St. Petersburg Beach, Florida 33706

Barbara Dell McPherson, Esquire Department of HRS

2255 East Bay Drive Post Office Box 5046

Clearwater, Florida 33518

Alvin J. Taylor, Secretary

Attn: Susan B. Kirkland, Esquire Department of HRS

Building One, Room 406 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-001001

Orders for Case No: 81-001001