STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

JAMES A. PERRY, )

)

Petitioner, )

)

vs. ) CASE NO. 85-0577L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this matter came to be heard on April 9, 1985 in Fort Lauderdale, Florida before Donald D. Conn, a duly designated Hearing Officer of the Division of Administrative Hearings. James A. Perry, Petitioner, did not appear at the final hearing, although he sent a letter with Teresa Lopez purporting to authorize Ms. Lopez to represent him at the hearing. Ms. Lopez was not accepted as a qualified representative for Petitioner, but was allowed to testify on behalf of Petitioner's claim for benefits. The Department of Health and Rehabilitative Services, Respondent, was represented by:

Harold Braynon, Esquire

Department of Health and Rehabilitative Services

201 West Broward Boulevard

Fort Lauderdale, Florida 33301

Petitioner claims entitlement to benefits under the Low Income Home Energy Assistance Program (LIHEAP) administered by Respondent under the authority of Section 409.508, F.S. Respondent has denied Petitioner's application for such benefits because of his failure to follow the application procedures and requirements for said program.

FINDINGS OF FACT

1. Petitioner applied for benefits under the LIHEAP program in December 1984 with the assistance of Teresa Lopez, a friend who handles paperwork for him. Ms. Lopez sent the application to Respondent and it was received by Respondent on December 17, 1984 which was the deadline date for applications.

   
   

2. Respondent returned Petitioner's application since it had not been dated prior to submission. Ms. Lopez then had Petitioner back date his application with the date December 13, 1984 and resubmit it. When it was received by Respondent this second time, it was after the December 17 deadline and was therefore rejected as late filed.

   
   

3. The only deficiency in Petitioner's application when it was initially submitted and received on December 17 was that it was not dated.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this case pursuant to Section 120.57(1), F.S.

   
   

5. Section 409.508(2), F.S., designates the Respondent as the state agency responsible for administering the Low-Income Home Energy Assistance Act of 1981, and provides that Respondent:

   
   

   . . . is authorized to provide home energy assistance benefits to eligible households which may be in the form of cash, vouchers, certificates, or direct payments

   to electric or natural gas utilities or other energy suppliers and operators of low-rent, subsidized housing on behalf of eligible households. . . .

   
   

   Subsection (4) of Section 409.508, F.S., requires Respondent to adopt rules to carry out the provisions of this act.

   
   

6. Respondent has adopted Rule 10C-29.15, F.A.C., to implement this statute and set forth application procedures, and in pertinent part said rule provides:

   
   

   (5) To be accepted, the Household Application for Home Energy Assist- ance must contain the applicant's signature and the date signed. Forms which do not contain these items are unacceptable and will be returned to the applicant with an explanation. (Emphasis supplied)

   
   

7. There is no factual dispute that Petitioner's application was undated when received on the deadline, December 17, 1984, and that it was resubmitted after the deadline once petitioner had dated his application. It is therefore clear that Petitioner's application did not meet the requirements of Rule 10C-29.15(5), F.A.C., and was unacceptable and had to be returned to Petitioner. Since Petitioner's application clearly did not comply with the above-cited rule, the action taken by Respondent in this case was correct and consistent with its duly enacted rules implementing this program.

RECOMMENDATION

Based upon the foregoing, it is recommended that a Final Order be issued denying Petitioner's application for benefits.

DONE and ENTERED this 2nd day of May, 1985 at Tallahassee, Florida.

Hearings

Hearings

DONALD D. CONN, Hearing Officer Division of Administrative

The Oakland Building 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative

this 2nd day of May, 1985.

COPIES FURNISHED:

James A. Perry

1821 Middle River Drive #15 Fort Lauderdale, Florida 33305

Harold Braynon, Esquire Department of Health and

Rehabilitative Services

201 West Broward Boulevard

Fort Lauderdale, Florida 33301

David Pingree, Secretary Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 85-000577

Orders for Case No: 85-000577