STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PEGGY SUE HYNSON, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0730L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

This is a Low Income Home Energy Assistance Program case which arose when Petitioner's application for low income energy assistance was denied by the Department of Health and Rehabilitative Services because the Department did not receive a reply to its letter requesting additional information from the Petitioner. The Petitioner requested a formal hearing upon the denial, asserting that she had not received the Department's letter requesting the additional information.

This case was heard in the City Council Chambers of the New Port Richey City Hall, New Port Richey, Florida, on April 19, 1984. The Petitioner represented herself, and the Department was represented by Carol M. Wind, Esquire, 2255 East Bay Drive, Clearwater, Florida 33546.

The Department denied the Petitioner's application pursuant to Rule 10C- 29.11(6), Florida Administrative Code, which provides that when sufficient verification is not presented with the application form a request for information will be mailed to the applicant with a ten-working-day deadline for the applicant's response. Further, the applicant will be ineligible for assistance and the application denied if the applicant does not provide the information or contract the Department by the date of the deadline.

Based upon the foregoing rule, there are two issues presented in this case, as follows:

1. Did the Petitioner receive the Department's letter requesting additional information?

   
   

2. May the Department deny the application of the Petitioner even if the Petitioner did not receive the letter requesting the additional information?

FINDINGS OF FACT

1. The Petitioner, Peggy Sue Hynson, applied for low income home energy assistance payments by an application filed with the Department of Health and Rehabilitative Services at its New Port Richey service center on November 8, 1993.

2. After reviewing the application and determining that additional verification was needed, the Department sent a letter to Petitioner requesting additional verification of the Petitioner's income on November 13, 1983, by United States Mail at the following address: 305 West Pinewood Drive, Holiday, Florida 33590.

   
   

3. The Petitioner did not receive the Department's letter requesting additional verification of income.

   
   

4. On November 29, 1983, the Department denied the Petitioner's application and found her ineligible for participation in the Low Income Home Energy Assistance Program because it had not received a reply to its letter of November 13, 1983.

   
   

5. Prior to the deadline of the program, the Petitioner contacted the Department through the local food stamp office concerning her pending application for low income home energy assistance. At that time, she was told that the Department was behind and that she would hear from the Department concerning her application. The first notice she received from the Department was notice of the denial of her application.

   
   

6. The Petitioner testified at hearing that her husband earned $112 per week during the period of eligibility determination, which was the only income in the family. Petitioner, her husband, and her child receive food stamps, live in Zone 4, and constitute a family of three.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Department of Health and Rehabilitative Services has jurisdiction over this proceeding pursuant to Sections 409.026 and 409.508, Florida Statutes. This Recommended Order is entered pursuant to the provisions of Section 120.57(1), Florida Statutes.

   
   

8. Rule 10C-29.11(6), Florida Administrative Code, provides in pertinent part that when sufficient verification is not presented with the application, a request for additional information will be mailed to an applicant with a ten- working-day deadline for the applicant's response. Further, the applicant will be ineligible for assistance and the application denied if the requested information is not received by the Department or the Department is not contacted by the applicant by the date of deadline. However, the rule also provides that the Department will attempt to assist the applicant in securing the information if the applicant contacts the Department by the date of the deadline and indicates that he/she has been able to secure the information.

   
   

9. Although the foregoing rule permits the Department to deny the application of an applicant who does not provide in a timely fashion the additional information requested by the Department, the rule presumes actual notice receipt of the Department's letter. In this case, the Petitioner did not actually receive the Department's letter and, prior to the deadline of the program, requested information of the Department concerning her application.

Had the Department made a check of her file at that time, the Petitioner could have provided the Department with the necessary information concerning her husband's income. The rule recognizes that the Department has an obligation to the applicant to assist the applicant in assembling this information. This obligation extends to checking an applicant's file when an applicant inquires as to the status of his/her application.

RECOMMENDATION

Because the Petitioner did not actually receive the Department's letter requesting additional information, and because the Petitioner contacted the Department prior to the deadline concerning her pending application and was not advised of the pending request for additional information, it is recommended that the Petitioner's application for Low Income Home Energy Assistance Program benefits be reinstated. Further, it is recommended that the Petitioner receive low income home energy assistance benefits based upon the income figures and family size provided in paragraph six of the Findings of Fact, supra.

DONE AND RECOMMENDED this 1st day of June 1984 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 1st day of June 1984.

COPIES FURNISHED:

Ms. Peggy Sue Hynson

305 West Pinewood Drive Holiday, Florida 33590

Carol M. Wind, Esquire Department of Health and

Rehabilitative Services 2255 East Bay Drive Clearwater, Florida 33546

David M. Pingree, Secretary Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 84-000730

Orders for Case No: 84-000730