STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JACK A. EISENBACH, )

)

Petitioner, )

)

vs. ) CASE NO. 81-387L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Miami, Florida on March 3, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: No appearance

For Respondent: Leonard Helfand, Esquire

Department of Health and Rehabilitative Services

Room 1040, Rhode Building

401 Northwest Second Avenue Miami, Florida 33128

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 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 Department. A Notice of Application Denial was mailed to Petitioner notifying him that his household income exceeded the monthly income and therefore he was ineligible for benefits. Petitioner made a timely request for a hearing. After an informal conference with a supervisor of the Respondent Department this administrative hearing was scheduled. At the time of hearing Petitioner sent word by Counsel for Respondent that he would not appear but

wanted the hearing to proceed. No attorney or other representative appeared for Petitioner. The record was left open to receive a letter from Petitioner without objection from Respondent. Respondent called two (2) witnesses and offered one composite exhibit which was entered as evidence. The Hearing Officer filed in the record a letter received from Petitioner by the Division of Administrative Hearings on March 10, 1981.

FINDINGS OF FACT

1. Petitioner Jack A. Eisenbach requested a hearing by a letter received in the office of Respondent on February 25, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 25, 1981, Eisenbach, a hispanic male, filed a household application for low income energy assistance. No one in his household is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives in a house with two (2) other people and receives a bill for use of electricity for heating. By Notice of Application Denial mailed January 30, 1981 Petitioner was informed that he was denied assistance for the reason that his gross monthly income exceeded $519.00, the maximum income limit for a household of his size.

   
   

3. In the letter filed in this case, supra, Petitioner did not dispute the evidence presented by Respondent Department but requested financial assistance because of large doctor bills for himself. His wife does not work, and he has a 14-year-old child to support.

   
   

4. Under Rule 10 CER 80-11.07 and the applicable chart Petitioner Eisenbach's household exceeds the income limit of $519.00 for a household of three (3) persons. Action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction of 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 80-1I 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 three (3) person household with a non-earned gross income of $611.00. Rule 10 CER 80-11.07, Florida Administrative Code, Determination of Eligibility Based on Income, Subsection (2) limits monthly income for a three (3) person household to

$519.00. Thus the Petitioner is not eligible for low income energy assistance.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be denied Petitioner.

DONE and ORDERED this 23rd day of March, 1981, in Tallahassee, Leon County, 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 24th day of March, 1981.

COPIES FURNISHED:

Mr. Jack A. Eisenbach 11431 SW 32nd Lane Miami, Florida 33165

Leonard Helfand, Esquire Department of HRS

Room 1040, Rhode Building

401 M Second Avenue Miami, Florida 33128

Susan B. Kirkland, Esquire Department of HRS

1317 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-000387

Orders for Case No: 81-000387