STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARGARET BUZZELL, )

)

Petitioner, )

)

vs. ) CASE NO. 81-385L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held in Tampa, Florida, on March 11, 1981, before the undersigned Hearing Officer, of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Margaret M. Buzzell, pro se

8574 Briar Grove Circle Tampa, Florida 33615

For Respondent: Janice Sortor, Esquire

Department of Health and Rehabilitative Services

W.T. Edwards Facility 4000 West Buffalo Avenue Tampa, Florida 33614

STATEMENT OF THE ISSUE

Whether Petitioner is eligible for low income energy assistance, as provided in Chapter 80-167, Laws of Florida; 10 CER 80-11 amended by 10 CER 81-

4.08 through 4.11.

PRELIMINARY STATEMENT

Respondent, Department of Health and Rehabilitative Services, was designated in Chapter 80-167, Laws of Florida, as the state agency to administer the Federal Home Energy Assistance Program, as provided in Title III, Public Law 96-223. Pursuant to thereto, Respondent instituted the Low Income Energy Assistance Program.

A timely household application for benefits on an approved form was received from Petitioner. The application was promptly processed by the Respondent. A Notice of Application Denial was mailed to Petitioner notifying her that her household income exceeded the monthly income and; therefore, she was eligible for benefits. Petitioner made a timely request for a hearing.

After an informal conference with a supervisor of the Respondent, this

administrative hearing was scheduled. Immediately prior to commencement of the hearing, in the presence of all parties, Petitioner was advised of her rights and instructed as to the procedures to be followed at the hearing. Respondent called one witness and offered one composite exhibit which was entered as evidence.

FINDINGS OF FACT

1. Petitioner requested a hearing by telephone and by a letter received in the office of Respondent on February 11, 1981. After the required informal conference with a supervisor of the Respondent, Petitioner requested a formal hearing.

   
   

2. On January 6, 1981, Petitioner, a white female, filed a household application for low income energy assistance. No one in her household is handicapped or a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives alone in a house and receives a bill for use of electricity for heating. By Notice of Application Denial mailed on February 3, 1981, Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded $316.00, the maximum income limit for a household of her size.

   
   

3. Petitioner did not dispute the evidence presented by Respondent but was convinced that the income limit by household size was unfair. Petitioner confused the Low Income Energy Assistance Program with a program administered by the Community Action Agency of Hillsborough County, Florida, called the Energy Crisis Intervention Program, funded by federal money from the Department of Energy. The funds from the Energy Crisis Intervention Program were available to persons without heating fuel in their home or who had been notified that their fuel supply would be terminated during the month of February, 1981. The income limits of that program were more liberal than the income limits in the subject Low Income Energy Assistance Program.

   
   

4. Under Rule 10 CER 80-11.07 and the applicable chart, Petitioner's household exceeds the income limit of $316.00 for a household of one person. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over this matter and the parties thereto, pursuant to Section 120.57, Florida Statutes, and 10 CER 80-11.13, Rules Promulgated by the Department of Health and Rehabilitative Services, Florida Administrative Code.

   
   

6. Chapter 80-167, Laws of Florida, Energy Research and Development Task Force, Section 4, Home Energy Assistance Benefits, authorizes the Department of Health and Rehabilitative Services to administer the Federal Home Energy Assistance Program, as provided in Title III, Public Law 96-223, and to provide home energy assistance benefits to eligible households. The Department of Health and Rehabilitative Services promulgated Emergency Rule 10 CER 80-11 to carry out the provisions of the act and amended said Rule by Emergency Rule 10 CER 80-11 to extend the time period for application.

7. Petitioner made application for benefits for a one-person household with a non-earned gross income of $378.00. Rule 10 CER 80-11.07, Florida Administrative Code, Determination of Eligibility Based on Income, Subsection (2), limits monthly income for a one-person household to $316.00. Thus, the Petitioner is not eligible for low income energy assistance.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that low income energy benefits be denied.

DONE and ENTERED this 19th day of March, 1981, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

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 19th day of March, 1981.

COPIES FURNISHED:

Ms. Margaret M. Buzzell 8574 Briar Grove Circle Tampa, FL 33615

Janice Sortor, Esq.

Department of HRS

W.T. Edwards Facility 4000 West Buffalo Avenue Tampa, FL 33614

Susan B. Kirkland, Esq. Department of HRS

1317 Winewood Boulevard

Tallahassee, FL 32301

Docket for Case No: 81-000385

Orders for Case No: 81-000385