Judges: DELPHENE C. STRICKLAND
Agency: Department of Children and Family Services
Latest Update: May 19, 1981
Summary: 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-Petitioner is not eligible for low income energy assistance.
81-0409.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CHARLIE BURCH, )
)
Petitioner, )
)
vs. ) CASE NO. 81-409L
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice an administrative hearing was held in Palatka, Florida on April 16, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.
APPEARANCES
For Petitioner: Charlie Burch, pro se
Post Office Box 15
Pomona Park, Florida 32081
For Respondent: Joseph E. Hodges, Esquire
Department of HRS 2002 NW 13th Street
Oak Park Executive Square Gainesville, Florida 32601
ISSUE
Whether Petitioner is eligible for low income energy assistance as provided in Chapter 80-167, Laws of Florida; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4.08 through 4.11, Florida Administrative Code.
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. Immediately prior to commencement of the hearing, in the presence of all parties, Petitioner was advised of his rights and instructed as to the procedures to be followed at the hearing. Petitioner called one witness and testified at the hearing.
Respondent called one witness and offered three (3) composite exhibits which were entered as evidence.
FINDINGS OF FACT
Petitioner Charlie Burch requested a hearing by letter of February 19, 1981 and by letter of March 18, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner failed to appear at the first hearing scheduled but requested that he be heard at a future date and appeared at the second hearing.
On January 9, 1981 Burch, a black 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 receives food stamps, lives with one other person and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 5, 1981 Petitioner was informed that he was denied assistance for the reason that his monthly income exceeded the maximum income for a household of his size. Action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits.
Petitioner did not dispute the evidence presented by Respondent Department but was convinced the income limit by household size was unfair with his wife's illness and other high bills.
Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Burch's household income exceeds the income limit of $418.00 for a household of two (2) persons.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of this matter and the parties thereto pursuant to Section 120.57, Florida Statutes, and Rule
10 CER 80-11.13, Hearings for Individual Households, Rules Promulgated by the Department of Health and Rehabilitative Services, Florida Administrative Code.
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, Low Income Energy Assistance Program, to carry out the provisions of the act and amended said rule by Emergency Rule 10 CER 81-4.08 through 4.11, Florida Administrative Code, to extend the time period for application.
Petitioner made application for benefits for a two (2) person household with a combined gross income of $432.00 which includes the $9.60 each pays for Medicare. Rule 10 CER 80-11.05, Income, Subsection (1), Florida Administrative Code, requires that the total income received by all household members during the month of application be considered (excluding only specified funds not pertinent to the facts of this case) . Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Subsection (2), limits monthly income for a two (2) person household to $418.00. Thus the Petitioner is not eligible for low income energy assistance.
RECOMMENDATION
Based on the foregoing Finding's of Fact and Conclusions of Law the Hearing' Officer recommends that low income energy benefits be denied Petitioner.
DONE and ORDERED this 1st day of May, 1981, 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 1st day of May, 1981.
COPIES FURNISHED:
Mr. Charlie Burch Post Office Box 15
Pomona Park, Florida 32081
Alvin J. Taylor, Secretary
Joseph E. Hodges, Esq. Attn: Susan B. Kirkland, Esquire Department of HRS Department of HRS
2002 NW 13th Street Building One, Room 406 Oak Park Executive Square 1323 Winewood Boulevard
Gainesville, Florida 32601 Tallahassee, Florida 32301
Docket for Case No: 81-000409
Orders for Case No: 81-000409
