STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MARY E. HOPKINS, )
)
Petitioner, )
)
vs. ) CASE NO. 81-2470L
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, a formal hearing was held in the above case before the Division of Administrative Hearings by its duly designated Hearing Officer, DONALD R. ALEXANDER, on November 30, 1981, in Pensacola, Florida.
APPEARANCES
For Petitioner: Mary E. Hopkins in pro se
8315 Binkley Street
Pensacola, Florida 32504
For Respondent: Jon W. Searcy, Esquire
Department of Health and Rehabilitative Services
160 Governmental Center Pensacola, Florida 32522
On July 15, 1981, Petitioner, Mary E. Hopkins, filed a household application for cooling assistance under the Low Income Energy Assistance Program. The application was ultimately denied by Respondent, Department of Health and Rehabilitative Services, on the ground Petitioner's monthly countable income exceeded the income limitations prescribed by Department regulations.
Petitioner requested a formal hearing pursuant to Subsection 120.57(1), Florida Statutes, to contest the denial of her application. The matter was referred by Respondent to the Division of Administrative Hearings on October 2, 1981, with a request that a Hearing Officer be assigned to conduct a hearing.
By Notice of Hearing dated November 19, 1981, the final hearing was scheduled for November 30, 1981, in Pensacola, Florida.
At the final hearing, Petitioner testified on her own behalf. Respondent presented the testimony of R. A. McAuliffe and offered Respondent's Exhibits 1- 3, each of which was received into evidence.
The issue herein is whether Petitioner is entitled to, cooling assistance under the Low Income Energy Assistance Program.
Based upon all the evidence, the following facts are determined:
FINDINGS OF FACT
On July 15, 1981, Petitioner, Mary E. Hopkins, filed a household application for cooling assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Petitioner resides in Escambia County, Florida, which is part of the North Cooling Climatic Region for purposes of determining the level of assistance to be given claimants. The application was ultimately denied by Respondent on September 7, 1981, on the ground she had excessive income.
Petitioner is the only member of her household. She receives a total countable monthly income of $317.10, which exceeds the monthly income limitation of $316 for households having only one person. Hopkins is in need of cooling due to the existence of a medical condition (respiratory) which requires a controlled condition to prevent adverse effects which would be life-threatening. Except for her level of income, she was otherwise qualified to receive assistance.
Applicant did not dispute the fact that her income is in excess of the income limitations prescribed by Department rule. However, she urged that an exception be made in her case because of her genuine need for cooling assistance.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes, and Rule 10 CER 80-11.13, Florida Administrative Code.
Rule 10 CER 81-17(3), Florida Administrative Code, specifies the level of assistance for eligible households in Escambia County, Florida, where Petitioner resides. For households having one person with countable monthly income not exceeding $316 the level of assistance is $143. However, Petitioner's income exceeds that range, albeit by a small amount. Despite her genuine need for cooling assistance, the Department was justified in denying her application. Accordingly, its initial determination as to eligibility should be sustained.
Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Mary E. Hopkins for cooling assistance
be DENIED.
DONE and ENTERED this 3rd day of December, 1981, in Tallahassee, Florida.
DONALD R. ALEXANDER
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 3rd day of December, 1981.
COPIES FURNISHED:
Mary E. Hopkins 8316 Binkley Street
Pensacola, Florida 32504
Jon W. Searcy, Esquire Department of HRS
160 Governmental Center Pensacola, Florida 32522
Issue Date | Proceedings |
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Dec. 03, 1981 | Recommended Order sent out. CASE CLOSED. |
Issue Date | Document | Summary |
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Dec. 03, 1981 | Recommended Order | Application for low income energy assistance benefits denied because of excess income. |
OLLIE BRADLEY vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 81-002470 (1981)
ETHEL M. TATUM vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 81-002470 (1981)
FRANCES MCGILL vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 81-002470 (1981)
CORINE THOMAS vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 81-002470 (1981)
FLOYD B. BREWINGTON vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 81-002470 (1981)