STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES D. JOHNSON, SR., )

)

Petitioner, )

)

vs. ) CASE NO. 81-531L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Ocala, Florida on April 2, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: James D. Johnson, Sr., pro se

1213 Northeast Osceola Avenue Ocala, Florida 32670

For Respondent: James A. Sawyer, Esquire

Department of HRS

3001 Southwest Broadway

Ocala, Florida 32672 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 an informal conference with a supervisor of the Respondent Department this administrative hearing was scheduled. No attorney or other representative appeared with Petitioner. 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. Petitioner testified and explained his living conditions, including heating. Respondent called one witness and offered three (3) exhibits, which were entered as evidence.

FINDINGS OF FACT

1. Petitioner James D. Johnson, Sr. requested a hearing on a form letter received in the office of Respondent on March 12, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On February 10, 1981 Johnson, a white male, filed a household application for low income energy assistance. No one in his household is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He receives food stamps and receives a bill for use of wood for heating. The house he lives in is divided into a unit for him and a unit for his son. The living quarters of each are connected by a hallway but each person lives as a separate family, and each heats his own unit.

   
   

3. By Notice of Application Denial mailed February 23, 1981 Petitioner was informed that he was denied assistance for the reason that his gross monthly income exceeded the maximum income limit for a household of his size. His income plus the income of his son was added, although it was not entered on the application. The total exceeded the maximum income limit for a household of two

   (2) people. Action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits.

   
   

4. In the letter filed in this case, supra, Petitioner disputed the evidence presented by Respondent Department, stating that "the fact that I live in and rent part of my son's home does not give me access to his income." After considering the testimony of Petitioner and the statement of Respondent that Respondant would not deny Petitioner lived alone in one side of the house and heated his own unit, the Hearing Officer finds that Petitioner has a one person household and his gross non-earned income is $200.80 per month.

   
   

5. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Johnson's one person household does not exceed the income limit of $316.00 for a household of one person.

   
   

   CONCLUSIONS OF LAW

   
   

6. 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.

   
   

7. 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, Florida Administrative Code, 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.

8. Petitioner made application for benefits for a household with a non- earned gross income of $200.90. 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 the Petitioner is eligible for low income energy assistance.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that Petitioner is eligible for low income energy benefits.

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:

Mr. James D. Johnson, Sr. 1213 NE Osceola Avenue Ocala, Florida 32670

James A. Sawyer, Esquire Department of HRS

3001 SW Broadway

Ocala, Florida 32672

Susan B. Kirkland, Esquire Department of HRS

1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-000531

Orders for Case No: 81-000531