STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

OLGA MC DONALD, )

)

Petitioner, )

)

vs. ) CASE NO. 81-461L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was hold in Tampa, Florida on March 11, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Olga McDonald, pro se

2523 West Emma Circle Tampa, Florida 33614

For Respondent: Janice Sortor, Esquire

Department of Health and Rehabilitative Services

W. T. Edwards Facility 4000 West Buffalo Avenue Tampa, Florida 33614

ISSUE

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

FINDINGS OF FACT

1. Petitioner Olga McDonald requested a hearing by telephone and by a letter received in the office of Respondent on March 4, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 26, 1981 McDonald, a Hispanic female, filed a household application for low income energy assistance. Petitioner receives food stamps, 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 household with four (4) other people and receives a hill for use of electricity for heating. By Notice of Application Denial mailed February 11, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded $723.00, the maximum income limit for a household of her size.

   
   

3. Petitioner did not dispute the evidence presented by Respondent Department although she had indicated a lower weakly earned family income on her application, but was convinced the income limit by household size was unfair. She also felt the action taken denying her benefits was unfair because her adjusted gross income was only $2.00 above the cutoff for eligibility.

   
   

4. Under Rule 10 CER 80-11.07 and the applicable chart Petitioner McDonald's household exceeds the income limit of $723.00 for a household of five

   (5) 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 five (5) person household with an earned and non-earned adjusted gross Income of $724.78, which rounded to the nearest whole number is $725.00. Rule 10 CER 80-11.07, Florida Administrative Code, Determination of Eligibility Based on Income, Subsection

(2) , limits monthly income for a five (5) person household to $723.00. 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 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:

Mrs. Olga McDonald 2523 West Emma Circle Tampa, Florida 33614

Janice Sortor, Esquire Department of HRS

W. T. Edwards Facility 4000 West Buffalo Avenue Tampa, Florida 33614

Susan B. Kirkland, Esquire Department of HRS

1317 Winewood Boulevard

Tallahassee, Florida 32301

Mr. Alvin J. Taylor Secretary

Department of Health and Rehabilitative Services 1323 Winewood Blvd.

Tallahassee, Florida 32301

Docket for Case No: 81-000461

Orders for Case No: 81-000461