STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NATHANIEL ALI, )

)

Petitioner, )

)

vs. ) CASE NO. 83-0821L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on June 28, 1983, in Tampa, Florida, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose upon the denial of the Petitioner's application for low income home energy assistance by the Department of Health and Rehabilitative Services because of an untimely application.

APPEARANCES

For Petitioner: Nathaniel Ali, pro se

2506 Stroud Avenue, #207

Tampa, Florida 33609

For Respondent: Janice Sortor, Esquire

Department of Health and Rehabilitative Services

4000 West Buffalo Avenue Tampa, Florida 33614

ISSUES

Two issues are potentially raised in this cause, as follow:

1. Did the Petitioner made a timely application?

   
   

2. Did the Petitioner's income exceed the established limits of eligibility?

FINDINGS OF FACT

1. The Petitioner, Nathaniel Ali, made an application for low income home energy assistance, which was stipulated by the parties to have been timely received by the Department of Health and Rehabilitative Services. However, the Petitioner did not verify his income as required, which resulted in the Department's letter to him dated January 5, 1983, requesting verification of his income. This letter established a suspense date of January 17, 1983, for response. It stated that in the event no response was forthcoming by said date the application would be denied.

2. The Petitioner testified that he did not receive the Department's letter of January 5, 1983. His testimony is found to be credible in this regard.

   
   

3. The Petitioner produced evidence of his income for the 30 days preceding his application. His records reflected that he received $99.66 as income from his position as a student assistant and $500 from his income as a construction worker over The Christmas break. His total income for the 30 days prior to his application was $599.66.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Department of Health and Rehabilitative Services has been delegated the responsibility of administering the Low Income Home Energy Assistance Program by the Legislature of the State of Florida. This Recommended Order is entered pursuant to Section 120.57(1), Florida Statutes.

   
   

5. The parties agreed that the Petitioner's initial application was timely received by the Department. The issue of timeliness arises from the failure of the Petitioner to respond to the Department's letter of January 5, 1983, requesting verification of his income. This letter set a suspense date of January 17, 1983. The Petitioner testified that he did not receive the Department's letter. The Department complied with the requirements of notice; however, the Petitioner needed actual notice in order to provide the Department with the requested information. It is the Petitioner's uncontroverted testimony that he did not receive the Department's letter. Therefore, the Petitioner was permitted to present evidence verifying his income.

   
   

6. Eligility for low income home energy assistance is determined upon the basis of income for the 30-day period prior to the receipt of the application. During the 30 days preceding his application, the Petitioner earned $99.66 as a student assistant and $500 as a part-time construction worker during his Christmas break. Although the Petitioner's records reflect that he earned only

$3,200 for the year 1983, the total of Petitioner's income earned in the 30 days prior to his application was $599.66, of which $500 was for irregular employment. Although the rules provide that the income limit for a single person family is $390 per month, Rule 10C-29.09(2)(c), Florida Administrative Code, provides that income which is not received on a regular basis is to be excluded from consideration. Clearly, the $500 that the Petitioner received as a part-time construction worker during his Christmas school break was not regular income. His income for the 30 days prior to his application was $99.66, well within the eligibility limits. The Petitioner was well within the limits, and his application should be approved.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is that the application of the Petitioner, Nathaniel Ali, be approved and that he receive low income home energy assistance.

DONE and RECOMMENDED this 16th day of August, 1983, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

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 16th day of August, 1983.

COPIES FURNISHED:

Mr. Nathaniel Ali

2506 Stroud Avenue, 207

Tampa, Florida 33609

Janice Sortor, Esquire Department of Health and

Rehabilitative Services 4000 West Buffalo Avenue Tampa, Florida 33614

David H. Pingree, Secretary Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 323017

Docket for Case No: 83-000821

Orders for Case No: 83-000821