STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARY BETH HINES, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1979L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held in Cross City, Florida on October 7, 1981 before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Mary Beth Hines, pro se

Route 2, Box 627

Old Town, Florida 32680

For Respondent: Joseph E. Hodges, Esquire

Department of Health and Rehabilitative Services

2002 NW 13th Street

Oak Park Executive Center Gainesville, Florida 32601

ISSUE

Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, 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 and a Medical Certification for Cooling were received from Petitioner. The application was promptly processed by the Respondent, and Petitioner was notified that verification of her income was needed. A Notice of Application

Denial was mailed to Petitioner notifying her that her application was denied because she failed to respond to the request for income verification.

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 was advised of her rights and instructed as to the procedures to be followed at the hearing. Petitioner testified in her own behalf and called one (1) witness. Respondent requested permission to file a late exhibit. Petitioner agreed to have the exhibit filed by mail. This exhibit is marked Respondent's Exhibit 1 (late filed).

FINDINGS OF FACT

1. Petitioner Mary Beth Hines requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services.

   
   

2. On June 17, 1981 Hines, a white female who lives alone, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. By Notice of Application Denial dated July 9, 1981 Petitioner was informed that she was denied assistance for the reason that she failed to furnish income verification within ten (10) days as requested by Respondent on June 22, 1981.

   
   

3. Petitioner Hines suffers from a heart condition which has left her almost immobile and which renders her hearing deficient and her speech difficult to understand. She requires the services of a homemaker provided through the county homemaker service and, because of low income, receives food stamps. Respondent Department can and, in most cases heard by this Hearing Officer, has verified income through the easily accessible computerized lists of food stamp recipients. Respondent failed to verify Petitioner's income through the food stamp lists but made a written request for Petitioner to verify her income. Petitioner failed to reply to the request and was denied benefits within fifteen

   (15) days of the request. Verification showing Petitioner is eligible for benefits was furnished before July 31, 1981, as shown by Respondent's Exhibit 1. The homemaker who cares for Petitioner Hines was called as a witness by Petitioner. This witness has many other persons she serves and stated that she could not return the requested information to Respondent Department within the specified time limit, but that she furnished it as soon as she could.

   Petitioner lives alone and has no one else to care for her or help her with her business affairs.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction in this matter and of the parties thereto pursuant to Section 120.57, Administrative Procedures Act, Florida Statutes, and Rule 10 CER 81-13, 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 Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program,

   to carry out the provisions of the act and amended said rules by Emergency Rule

   10 CER 81-16, Florida Administrative Code, to extend the time period for application through July 17, 1981. Respondent has followed the foregoing statute, act and rules.

   
   

6. Rule 10 CER 80-11.06, Florida Administrative Code, Verification and Documentation, provides in pertinent part:

(4) Household members who receive Food Stamps or AFDC will have their income verified through Departmental computer systems.

(6) When sufficient verification or documentation of income other than that given in (4) . . 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 appli- cation 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.

It is concluded that Respondent Department should have verified Petitioner's income through Departmental computer systems and therefore should not have requested Petitioner to furnish verification of her income. Thus, Petitioner is eligible for low income energy assistance.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a Final Order be entered far by the Respondent Department of Health and Rehabilitative Services granting low income energy benefits to Petitioner.

DONE and ORDERED this 4th day of December, 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

COPIES FURNISHED:

Ms. Mary Beth Hines Route 2, Box 627

Old Town, Florida 32680

Joseph E. Hodges, Esquire Department of HRS

2002 NW 13th Street

Oak Park Executive Center Gainesville, Florida 32601

David H. Pingree, Secretary

Attn: Susan B. Kirkland, Esquire Department of HRS

Building One, Room 406 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-001979

Orders for Case No: 81-001979