STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DARNELL HUNTER, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1704L

)

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 August 31, 1982, in Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Jodi Fischer

650 North Andrews Avenue

Fort Lauderdale, Florida 33128

For Respondent: Nancy Tango

Department of Health and Rehabilitative Services

201 West Broward Boulevard

Fort Lauderdale, Florida 33301

On April 21, 1982, Petitioner, Darnell Hunter, filed an 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 the application was not signed and dated by the applicant himself.

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 June 22, 1982, with a request that a Hearing Officer be assigned to conduct a hearing. By Notice of Hearing dated June 29, 1982, the final hearing was scheduled for July 28, 1982, in Fort Lauderdale, Florida. At the request of the parties the matter was rescheduled to August 31, 1982 at the same location.

At the final hearing, a social worker authorized to appear on behalf of Petitioner testified on his behalf. Respondent presented the testimony of Nancy Tango, Department program specialist, and offered Respondent's Exhibit 1 which was received into evidence. The issue herein present 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 April 21, 1982, Petitioner, Darnell Hunter, filed an application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. The application was completed and signed by Jodi Fischer, a social worker with the Broward Center for the Blind. The application was accompanied by a letter from Fischer which explained that Hunter was in the hospital undergoing surgery and had given his permission for Fischer to sign the application on his behalf. The application was received at Respondent's Fort Lauderdale District Office on April 23, 1982, which was the last day for filing applications under the program. Based upon a review of the application, it was denied by letter dated May 25, 1982, on the ground Hunter "did not sign and date the application (himself)." Thereafter, Petitioner requested an administrative hearing to appeal the Department's decision.

   
   

2. Petitioner died on August 30, 1982, which was the day prior to the final hearing. When the application was filed, Petitioner resided alone in his household. The total countable monthly income far the household during April, 1982, was $344. This amount was less than the monthly income limitation of $359 for households having one person. Therefore, Hunter was otherwise eligible for assistance based upon his April income.

   
   

3. Under normal procedure, the Department has a representative visit an applicant whenever an application is incomplete, or does not contain the signature of the applicant because Respondent did not discover that Fischer had signed the application on behalf of Hunter until after the time for filing applications had expired, it did not avail itself of this procedure. It construed the application as being unacceptable from the date of filing, and contends that no remedy exists under the circumstances to cure the defect.

   
   

   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 10C-29.15(5), Florida Administrative Code, provides as follows:

   (5) To be accepted, the Household Application for

   
   

   Home Energy Assistance must contain the applicant's signature and the date signed. Forms which do not contain these items are unacceptable and will be returned to the applicant with an explanation.

   
   

6. Accordingly, the application could not be initially accepted since it failed to comply with Department requirements. Because the error could not be cured by the April 23 deadline for filing applications, the Department was justified in denying the application.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Darnell Hunter for energy assistance be

DENIED. DONE and ENTERED this 7th day of September, 1982.

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 7th day of September, 1982.

COPIES FURNISHED:

Ms. Jodi Fischer Hearings Broward Center for the Blind 650 North Andrews Avenue

Fort Lauderdale, Florida 33311

Ms. Nancy Tango Department of HRS

201 West Broward Boulevard

Fort Lauderdale, Florida 33301

Docket for Case No: 82-001704

Orders for Case No: 82-001704