STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

OLLIE BRADLEY, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2646L

)

DEPARTMENT OF HEALTH AND )

REHABILATATIVE 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 Milton, Florida.

APPEARANCES

For Petitioner: Ollie Bradley in pro se

601 Susan Street

Milton, Florida 32570

For Respondent: Jon W. Searcy, Esquire

Department of Health and Rehabilitative Services

160 Governmental Center Pensacola, Florida 32522

On July 15, 1981, Petitioner, Ollie Bradley, filed a household application for cooling assistance under the Low Income Energy Assistance Program. The application was denied by Respondent, Department of Health and Rehabilitative Services, on the ground Petitioner's monthly countable income exceeded Department income limitations for households having two persons.

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 21, 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 Milton, Florida.

At the final hearing, Petitioner testified on her own behalf. Respondent presented the testimony of R. A. McAuliffe and offered Respondent's Exhibit 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, Ollie Bradley, 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 Santa Rosa 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 August 28, 1981, on the ground Bradley had an excessive monthly income.

   
   

2. Petitioner and her daughter reside in her household. Their total countable monthly income for July, 1981, was $430, which exceeds the monthly income limitation of $418 for households having two persons. Except for her level of income Bradley was otherwise eligible to receive cooling assistance.

   
   

3. Applicant did not dispute the Department determination that her total monthly countable income exceeded acceptable income limitations prescribed by the Department. However, she desires the assistance because she is blind, and in need of additional income to offset her high medical bills and other financial burdens.

   
   

   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 Santa Rosa County, Florida, where Petitioner resides. For households having two persons with countable monthly income not exceeding $418 the level of assistance is $130. Petitioner's income exceeded this limitation for the month of July, 1981. Therefore, the Department's initial determination that Bradley was not eligible for assistance should be sustained.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Ollie Bradley 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:

Ollie Bradley

60 Susan Street Milton, Florida 32570

Jon W. Searcy, Esquire Department of HRS

160 Governmental Center Pensacola, Florida 32522

Docket for Case No: 81-002646

Orders for Case No: 81-002646