STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MURIEL L. LANTON, )

)

Petitioner, )

)

vs. ) CASE NO. 81-459L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Panama City, Florida on March 20, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: No appearance

For Respondent: John L. Pearce, Esquire

Department of Health and Rehabilitative Services

2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303

ISSUE

Whether Petitioner is eligible for low income energy assistance as provided in Chapter 50-167, Laws of Florida; Rule 10 CER 80-11 amended by 10 CER 01-4.08 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 provide 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. Respondent called one witness and offered two (2) composite exhibits which were entered as evidence.

FINDINGS OF FACT

1. Petitioner Muriel L. Lanton requested a hearing by telephone and by a letter received in the office of Respondent on March 2, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 7, 1981 Lanton, a white female, filed a household application for low income energy assistance. No one in her household is 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. Her gross monthly income is $322.80 non-earned income. by Notice of Application Denial mailed February 19, 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.

   
   

3. Petitioner did not appear but sent word to the Hearing Officer by the witness for Respondent that she did not think it fair to count the amount deducted for Medicare as income. Witness 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, Petitioner Lanton's household income exceeds the income limit of $318.00 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 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 111, 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 an adjusted gross income of $322.80. 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 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 27th 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 27th day of March, 1981.

COPIES FURNISHED:

Ms. Muriel L. Lanton 1110 Marigold Street

Parker, Florida 32401

John L. Pearce, Esquire Department of HRS

2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303

Susan S. Kirkland, Esquire Department of HRS

1317 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-000459

Orders for Case No: 81-000459