Judges: DELPHENE C. STRICKLAND
Agency: Department of Children and Family Services
Latest Update: Mar. 25, 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 makes too much money to get low income energy assistance.
81-0434.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA C. GRAHAM, )
)
Petitioner, )
)
vs. ) CASE NO. 81-434L
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice an administrative hearing was held in Ocala, Florida on March 6, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.
APPEARANCES
For Petitioner: Florida C. Graham, pro se
2425 SW Third Street, L6 137
Ocala, Florida 32670
For Respondent: Joseph E. Hodges, Esquire
Department of Health and Rehabilitative Services
2002 Northwest 13th Street Oak Park Executive Square Gainesville, Florida 32601
James A. Sawyer, Jr., Esquire Department of Health and
Rehabilitative Services 3001 Southwest Broadway
Ocala, Florida 32671
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 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. Petitioner offered one composite exhibit which was entered as evidence. Respondent called two witnesses and offered one composite exhibit which was entered as evidence.
FINDINGS OF FACT
Petitioner Florida C. Graham requested a hearing by telephone and by a letter received in the office of Respondent on February 28, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.
On January 5, 1981 Graham, 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 subsidized housing with one child and received a bill for use of electricity for heating. Her gross monthly income is $585.00 earned income. Twenty percent (20 percent) of her gross monthly earned income of $585.00 is $117.00 which results in a total adjusted gross income of $468.00. By Notice of Application Denial mailed February 5, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded the monthly income limits for a household of her size.
Petitioner did not dispute the evidence presented by Respondent but stated:
I request a hearing due to the fact that my present Electric bill is far more than I anticipated and I'm not sure at the present time just how I shall go about paying it before my electricity will be cut off.
I do not at this time or no other time expect the Energy Assistance program to pay my bills, but I could genuinely use some financial assistance if it's truly there for the ones that show a need.
Witnesses for the Respondent substantiated the evidence received and explained the procedure followed for the Low Income Energy Assistance Program.
Under Rule 10 CER 80-11.07 and the applicable chart for District III, Marion County Unit 42, Petitioner Graham's household exceeds the income limit of
$418.00 for a household of two (2) 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
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.
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.
Petitioner made application for benefits for a two (2) person household with an adjusted gross income of $468.00. Rule 10 CER 80-11.07, Florida Administrative Code, 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 Findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be denied.
DONE and ORDERED this 13th day of March, 1981, in Tallahassee, Leon County, Florida.
DELPHENE C. STRICKLAND
Hearing Officer
Division of Administrative Hearings 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. Florida C. Graham
2425 SW Third Street, Lot 137
Ocala, Florida 32670
Joseph E. Hodges, Esquire
Department of HRS James A. Sawyer, Jr., Esquire
2002 NW 13th Street Department of HRS Oak Park Executive Square 3001 SW Broadway
Gainesville, Florida 32601 Ocala, Florida 32671
Docket for Case No: 81-000434
Orders for Case No: 81-000434
