STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JESSIE GALLON, )

)

Petitioner, )

)

vs. ) CASE NO. 81-486L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Jacksonville, Florida on March 24, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Jessie Gallon, pro se

1304 Pearce Street

Jacksonville, Florida 32209

For Respondent: Paul C. Doyle, Esquire

Department of Health and Rehabilitative Services

5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231

APPEARANCES

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 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 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 present 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.

FINDINGS OF FACT

1. Petitioner Jessie Gallon requested a hearing by telephone and by a letter received in the office of Respondent on February 27, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 28, 1981 Gallon, a black 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 in a house with one other person and receives a bill for use of kerosene for heating. She does not get food stamps, and her gross monthly income consists of payments in excess of $420.00 per month. By Notice of Application Denial mailed February 17, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded 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 other people much better off than she get a variety of assistance and she cannot even get five (5) gallons of kerosene for heat, and she feels that the system is unfair. The witness for Respondent substantiated the evidence received and explained the procedure followed for the Low Income Energy Assistance Program. Respondent's Exhibits 1 and 2 were entered into evidence.

   
   

4. Under Rule 10 CER 80-11.07, Florida Administrative Code, Petitioner Gallon's household income 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

   
   

5. 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, 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 81-4.08 through 4.11, Florida Administrative Code, to extend the time period for application.

7. Petitioner made application for benefits for a two (2) person household with an adjusted gross monthly income of over $420.00. 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 Petitioner.

DONE and ORDERED this 6th day of April, 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 6th day of April, 1981.

COPIES FURNISHED:

Ms. Jessie Gallon 1304 Pearce Street

Jacksonville, Florida 32209

Paul C. Doyle, Esquire Department of HRS

5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231

Susan B. Kirkland, Esquire Department of HRS

1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-000486

Orders for Case No: 81-000486