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

1. 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.

   
   

2. 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.

   
   

3. 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

   
   

4. 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.

   
   

5. 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.

RECOMMENDATION

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

Docket for Case No: 81-002470

Orders for Case No: 81-002470