STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOSEPH L. DAVIS, )

)

Petitioner, )

)

vs. ) CASE NO. 81-489L

)

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: Joseph L. Davis, pro se

1230 Spearing Street

Jacksonville, Florida 32206

For Respondent: Paul C. Doyle, Esquire

Department of Health and Rehabilitative Services

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

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 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 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 his rights and instructed as to the procedures to be followed at the hearing. Respondent offered two (2) exhibits which were entered as evidence and called one witness.

FINDINGS OF FACT

1. Petitioner Joseph L. Davis requested a hearing by a letter received in the office of Respondent on March 4, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 20, 1981 Davis, a black male, filed a household application for low income energy assistance. No one in his household is handicapped or a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lived in a house with two (2) other people and received a bill for use of natural gas for heating. He received $50.00 per month rent from Emma Milligan who lived in his home until her death on February 19, 1981. The Social Security payments to him and his wife who lives in his home are $549.70. By Notice of Application Denial mailed February 5, 1981 Petitioner was informed that he was denied assistance for the reason that his adjusted monthly income exceeded the monthly income limits for a household of his size.

   
   

3. Petitioner did not dispute the evidence presented by Respondent but stated that in fact he received only $50.00 per month rent from his mother-in- law, Emma Milligan. The witness for 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, Florida Administrative Code, Petitioner Davis' household income exceeds the income limit of $519.00 for a household of three (3) persons even though he may have received only $50.00 of the $258.00 non-earned income of the third member of his household. Action was taken by Respondent within 45 days of Petitioner's application, and he 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 add 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 to extend the time period for application.

7. Petitioner made application for benefits for a three (3) person household with an adjusted gross income in excess of $549.70. Rule 10 CER 80- 11.07, Florida Administrative Code, Determination of Eligibility Based on Income, Subsection (2) limits monthly income for a three (3) person household to

$519.00. 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 31st 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 31st day of March, 1981.

COPIES FURNISHED:

Mr. Joseph Lee Davis 1230 Spearing Street

Jacksonville, Florida 32206

Paul C. Doyle, Esquire Department or HRS

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

Docket for Case No: 81-000489

Orders for Case No: 81-000489