STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NETTIE C. MACK, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0738L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

The application of Nettie C. Mack for benefits under the Low Income Home Energy Assistance Program was noticed for formal administrative hearing which was held on April 19, 1984, in Chipley, Florida.

APPEARANCES

For Petitioner: Nettie C. Mack, in pro per

Route 1, Box 272

Campbellton, Florida 32426

For Respondent: John Pierce, Esquire

District Legal Counsel

2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303

This matter was scheduled for formal administrative hearing on the issue of the Petitioner's eligibility to receive Low Income Home Energy Assistance Program benefits. Her application had been denied for failure of the Petitioner to furnish verification of the income of one of the residents of her household for the month of November, 1983.

FINDINGS OF FACT

1. The Petitioner, Nettie C. Mack, filed an application for Low Income Home Energy Assistance Program benefits, dated and received by the Respondent on November 21, 1983.

   
   

2. This application showed the Petitioner's household to consist of four persons including herself, her daughter, and two minor children, all of whom reside in the vicinity of Campbellton, Florida. The Petitioner's daughter was claimed to have had $458.00 income for the month of November, 1983; the source of heat in the Petitioner's home was electricity.

   
   

3. Upon verification of the income figure claimed for the Petitioner's daughter, a discrepancy turned up, indicating that the Petitioner's daughter earned $630.00 for the month of November, 1983. Consequently, the Petitioner was asked to submit information from the daughter's employer to verify the

   amount of income paid to her during November. When the Petitioner did not respond to this request for verification of her daughter's income, the Respondent denied the application.

   
   

4. At the hearing the Petitioner still could not produce written verification of her daughter's income for November of 1983, but the daughter's direct testimony was considered some evidence in corroboration of this income. She is employed at the Washington County Hospital as a nurse's aide, and claimed to have received $458.00 monthly after deductions.

   
   

5. By stipulation, the Petitioner was given ten days after the hearing to submit written verification of her gross earnings for November, 1983.

   
   

6. The Petitioner submitted her daughter's paycheck stubs showing countable income in November, 1983, of $719.00. This is within the eligibility limits.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding, pursuant to Section 120.57(1), Florida Statutes.

   
   

8. The levels of assistance under the Low Income Home Energy Assistance program are set forth in Section 10C-29.19, Florida Administrative Code. Subsection (1) of this Rule provides that the amounts of assistance will be determined based on the funds available and the number of eligible households. Thus, the level of assistance cannot be determined until the number of eligible households in the various factor groups has been determined through the application process.

   
   

9. Subsection (4) of Rule 10C-29.19 contains various tables which list the maximum levels of assistance for eligible households. This Rule provides in part:

   
   

   (4) The maximum levels of assistance for eligible households are contained in these tables. The actual levels of assistance will be determined after most of the applications are processed based on the amount of funds available for assistance. (emphasis added)

   
   

10. Thus, while Rule 10C-29.19, Florida Administrative Code, sets forth the maximum benefits payable to eligible households according to income, climatic regions, and type of heating fuel, the actual benefits are calculated after the applications are processed, based on the amount of funds available.

    
    

11. Pursuant to Emergency Rule 10C-ER-84-1, Florida Administrative Code, the maximum levels of assistance set forth in Rule 10C-29.19 are supplemented by actual payment levels. Based on the countable income shown to have been earned by the Petitioner's daughter in November, 1983, a payment of $30.00 is due the Petitioner for electric heat used in her four-member household in November of 1983.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent enter a Final Order determining that the

Petitioner, Nettie C. .Mack, is eligible for Low income Home Energy Assistance Program benefits, and approving a payment to the Petitioner of $30.00 pursuant to this program.

THIS Recommended Order entered this 13th day of June, 1983, in Tallahassee, Florida.

WILLIAM B. THOMAS

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 13th day of June, 1984.

COPIES FURNISHED:

Nettie C. Mack Route 1, Box 272

Campbellton, FL 32426

John Pierce, Esquire District Legal Counsel 2639 North Monroe St. Suite 200-A

Tallahassee, Florida 32303

Docket for Case No: 84-000738

Orders for Case No: 84-000738