STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRANCES McGILL, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1759L

)

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 July 20, 1982, in Miami, Florida.

APPEARANCES

For Petitioner: Frances McGill, pro se

310 North West 7th Avenue, #2 Miami, Florida 33128

For Respondent: Leonard Helfand, Esquire

Department of HRS

402 North West 2nd Avenue, Suite 1040 Miami, Florida 33128

On March 23, 1982, Petitioner, Frances McGill, 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 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 June 29, 1982, with a request that a Hearing Officer be assigned to conduct a hearing. By Notice of Hearing dated July 6, 1982, the final hearing was scheduled for July 20, 1982, in Miami, Florida.

At the final hearing, Petitioner testified on her own behalf and offered Petitioner's Exhibit 1, which was received in evidence. Respondent presented the testimony of Virginia A. Chittick, Department program specialist, and offered Respondent's Exhibits 1 and 2 which were 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 23, 1982, Petitioner, Frances McGill, filed a household application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Based upon a review of the information submitted by Petitioner, the application was denied by notice dated April 27, 1982, on the ground McGill had an excessive monthly income. Thereafter, Petitioner requested an administrative hearing to appeal the Department's decision.

   
   

2. Petitioner resides in her household with one other person. The total countable monthly income for the household during March, 1982, was $561. This amount exceeded the monthly income limitation of $474 for households having two persons. Therefore, McGill was ineligible for assistance based upon her March income.

   
   

3. Applicant did not dispute the Department's determination that her total monthly countable income during March, 1982, exceeded acceptable income limitations prescribed by the Department. However, a large part ($370) of the income received in March was recently terminated, and it now falls within acceptable guidelines. Additionally, Petitioner pointed out that she is unemployed, has large medical bills, and is in genuine need of financial assistance.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties there to pursuant to Subsection 120.57(1), Florida Statutes.

   
   

5. Rule 10C-29.09(1), Florida Administrative Code, provides as follows:

   
   

   1. Income is gross cash received at regular intervals. Both earned and non-earned income are considered. The total income received by household members during the month of application minus exclusions specified in (2) will be counted. (Emphasis supplied)

      
      

      Accordingly, the month of application (March) must be used in determining eligibility for the program. Although Petitioner's income dropped substantially in April, and thereafter was below the maximum amount permitted by regulations, nonetheless Rule 10C-29.09(1), supra, requires that the higher March income be used.

      
      

6. Rule 10C-29.13(5)(a), Florida Administrative Code, prescribes the income limitations for determining eligibility of applicants. For households having two persons the countable monthly income may not exceed $474. Because Petitioner's income exceeded this amount during the month of application, she was 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 Frances McGill for energy assistance be

DENIED.

DONE and ENTERED this 29th day of July, 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 29th day of July, 1982.

COPIES FURNISHED:

Ms. Frances McGill

310 North West 7th Avenue, No. 2 Miami, Florida 33128

Leonard Helfand, Esquire Department of HRS

402 North West 2nd Avenue, Suite 1040 Miami, Florida 33128

Docket for Case No: 82-001759

Orders for Case No: 82-001759