STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MR. AND MRS. EDDIE R. NEW, )

)

Petitioner, )

)

vs. ) CASE NO. 83-142L

) STATE OF FLORIDA, DEPARTMENT ) OF HEALTH AND REHABILITATIVE ) SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause came on for formal hearing before Marvin E. Chavis, duly designated Hearing Officer of the Division of Administrative Hearings, in Pensacola, Florida.

APPEARANCES

For Petitioner: Mrs. Eddie R. New

Post Office Box 2091 Pace, Florida 32570

For Respondent: Maureen McGill, Esouire

District I Legal Counsel Department of HRS

160 Governmental Center Pensacola, Florida 32522

ISSUES

This matter concerns the issue of whether the Petitioners qualify for assistance under the Low Income Home Energy Assistance Program. Mrs. Eddie R. New testified on behalf of herself and her husband and offered three exhibits which were accepted into evidence without objection. Respondent called as its only witness Eleanor J. Weatherspoon, an employee of HRS and a specialist in the Low Income Home Energy Assistance Program. As its only exhibit the Respondent offered Page 2-11 of HRS Manual 165-15, effective October 1, 1982. That exhibit was admitted without objection.

FINDINGS OF FACT

1. It was stipulated by the Respondent that the Petitioner, Mr. Eddie R. New, is presently and was at the time of the application for assistance permanently and totally disabled.

   
   

2. Mr. and Mrs. New presently receive from Social Security $527.60 per month and from the V.A. $54.88 per month. These two total $582.48 as the monthly income for Mr. and Mrs. New.

3. The funds received from Social Security and from the V.A. are the sole source of income for Mr. and Mrs. New. Mr. New is unable to work because of his disability and Mrs. New is unable to work because of the necessity that she be at home to take care of Mr. New on a daily and hourly basis. They own no property.

   
   

4. Mr. and Mrs. New are the only two individuals living within their household.

   
   

5. HRS Manual 165-15 provides an income limit of $518.00 per month for a household of two people in order to he qualified for assistance under the Low Income Home Energy Assistance Program.

   
   

6. The monthly income of Mr. and Mrs. New exceeds the monthly income limit as provided by HRS Manual 165-15 Page 2-11.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this action.

   
   

8. Mr. and Mrs. Eddie R. New do not meet the monthly income limit of HRS Manual 165-15 and therefore are ineligible for assistance under the Low Income Home Energy Assistance Program.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is herehy recommended:

1. That the Petitioners be determined and otherwise declared to be ineligible for participation in the Low Income Home Energy Assistance Program.

RECOMMENDED this 30th day of March, 1983, in Tallahassee, Florida.

MARVIN E. CHAVIS

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 30th day of March, 1983.

COPIES FURNISHED:

Ms. Maureen McGill District I Legal Counsel Department of HRS

160 Governmental Center Pensacola, Florida 32522

Mr. and Mrs. Eddie R. New Post Office Box 2091 Pace, Florida 32570

Mr. David Pingree Secretary

Department of Health

and Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 83-000142

Orders for Case No: 83-000142