STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLOYD B. BREWINGTON, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1112L

)

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 May 10, 1982, in Tampa, Florida.

APPEARANCES

For Petitioner: Floyd Brewington, pro se

Post Office Box 1226 Tampa, Florida 33601

For Respondent: Janice Sortor, Esquire

Department of Health and Rehabilitative Services

4000 West Buffalo Avenue Tampa, Florida 33614

On march 12, 1982, Petitioner, Floyd Brewington, filed a household application for 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 one person.

Petitioner requested a formal hearing pursuant to Subsection 120.57(1), Florida Statutes, to contest the denial of his application. The matter was referred by Respondent to the Division of Administrative Hearings on April 21, 1982, with a request that a Hearing Officer be assigned to conduct a hearing. By Notice of Hearing dated April 23, 1982, as amended on May 5, 1982, the final hearing was scheduled for May 10, 1982 in Tampa, Florida.

At the final hearing, Petitioner testified on his own behalf. Respondent presented the testimony of Aida Gonzalez, an eligibility specialist, and offered Respondent's Exhibits 1 and 2, each of which was received into evidence.

The issue herein is whether Petitioner is entitled to assistance under the Low Income Energy Assistance Program.

Based upon the evidence, the following facts are determined:

FINDINGS OF FACT

1. On March 12, 1982, Petitioner, Floyd Brewington, filed a household application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. After review of the application, it was ultimately denied by Respondent on April 2, 1982, on the ground Brewington had an excessive monthly income.

   
   

2. Petitioner resides alone in his household. His total countable monthly income is $413, which is paid by the Veterans Administration. This amount exceeds the monthly income limitation of $359 for households having one person. Therefore, Brewington was ineligible for assistance.

   
   

3. Applicant did not dispute the Department determination that his total monthly countable income exceeded acceptable income limitations prescribed by the Department. However, he contended that because of high utility bills, and other recurring costs, he is in need of assistance to meet his 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.

   
   

5. Rule 10 CER 82-7, Florida Administrative Code, prescribes the criteria for determination of eligibility of applicants. For households having one person the countable monthly income may not exceed $359. Because Petitioner's income exceeds this amount, he is ineligible for assistance.

Therefore, the application must be denied.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Floyd B. Brewington for energy

assistance be DENIED.

DONE and ENTERED this 19th day of May, 1982, 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 19th day of May, 1982.

COPIES FURNISHED:

Mr. Floyd B. Brewington Post Office Box 1226 Tampa, Florida 33601

Janice Sortor, Esquire Department of HRS

4000 West Buffalo Avenue Tampa, Florida 33614

Docket for Case No: 82-001112

Orders for Case No: 82-001112