STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DORIS J. MC CRAY, )

)

Petitioner, )

)

vs. ) CASE NO. 81-390L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Miami, Florida on March 4, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Doris J. McCray, pro se

20429 Southwest 120th Avenue, Number 236

Miami, Florida 33177

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 Thaw 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 her that her household income exceeded the monthly income and therefore she was ineligible for benefits. Petitioner made a timely request for a hearing. After Petitioner had an informal conference with a supervisor of the

Respondent Department 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 Harry H. Sheppard and Carol Morrison as witnesses and offered one composite exhibit which was entered as evidence.

FINDINGS OF FACT

1. Petitioner Doris J. McCray requested a hearing by telephone and by a letter received in the office of Respondent on February 4, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 23, 1981 McCray, a black 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 in a housing project with her three

   (3) minor children and received a bill for use of electricity for heating. She does not get food stamps, and her gross monthly income consists of $150.00 child support and $348.00 gross earned income each biweekly pay period from Dade Community College. Twenty percent (20 percent) of her gross monthly earned income of $754.00 is $150.80 which results in a total adjusted gross income of

   $753.20. By letter and Notice of Application Denial mailed January 29, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded $612.00, the maximum income limit for a household of her size.

   
   

3. Petitioner did not dispute the evidence presented by Respondent but was dissatisfied with the income limits by household size and stated that even if she had $753.20 net income it still would not be enough with the cost of living and that "the scale used to see if a person is eligible is way off for the cost of living." Witnesses for the Respondent substantiated the evidence received and explained the procedure followed for the Low Income Energy Assistance Program.

   
   

4. Under Rule 10 CER 80-11.07 and the applicable chart for District XI, Dade County Unit 176, Petitioner McCray's household exceeds the income limit of

   $621.00 for a household of four (4) persons. 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 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 80-11 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 four (4) person household with an adjusted cross income of $753.20. Rule 10 CER 80-11.07, Florida Administrative Code, Determination of Eligibility Based on Income, Subsection (2), limits monthly income for a four (4) person household to

$621.00. 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.

DONE and ORDERED this 11th 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 13th day of March, 1981.

COPIES FURNISHED:

Ms. Doris J. McCray

20429 SW 120th Avenue, #236

Miami, Florida 33177

Leonard Helfand, Esquire Department of HRS

Room 1040, Rhode Building

401 NW Second Avenue Miami, Florida 33128

Docket for Case No: 81-000390

Orders for Case No: 81-000390