STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GREGG HILBERT, )

)

Petitioner, )

)

vs. ) CASE NO. 81-539L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in St. Augustine, Florida on April 15, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: No Appearance

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 the requested benefits were being denied because of his failure to submit specified information within ten (10) working days and his failure to submit missing information within ten (10) working days. No information was forthcoming although Respondent called the office of Petitioner.

Petitioner did not appear at the hearing. Respondent called one witness and offered three (3) exhibits which were entered as evidence.

FINDINGS OF FACT

1. Petitioner Gregg Hilbert requested a hearing on February 24, 1981, and an informal conference with a supervisor in Respondent Department was held.

   
   

2. On January 24, 1981 Hilbert, 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 lived with four (4) other persons and receives a bill for use of liquid propane for heating. By Notice of Application Denial mailed February 20, 1981 Petitioner was informed that he was denied assistance for the reason that he failed to furnish specified information as to the size 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.

   
   

3. Petitioner did not include on his application a person living in his household during the month he applied for benefits, and he also failed to furnish verification of his income within the specified deadline of ten (10) working days. He failed to appear at the hearing although he had 14 days notice of the hearing and telephone notice from Respondent.

   
   

   CONCLUSIONS OF LAW

   
   

4. 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.

   
   

5. 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.

   
   

6. Petitioner made application for benefits for a four (4) person household with a gross monthly income of $407.00. Rule 10 CER 80-11.05, Florida Administrative Code, provides:

   
   

   1. Income is cash received at regular intervals. Both earned and non-earned income are considered. The total income received by household members during the month of application. . .are considered.

      
      

7. The foregoing rule requires that the total income received by all household members during the month of application be considered (excluding only specified funds not pertinent to the facts of this case.) Petitioner had failed to list one person who lived at his address and had failed to include her income. He also failed to furnish verification of income. Rule 10 CER 80- 11.08(6), Florida Administrative Code, provides: "The application will be

denied if the applicant does not contact the worker and/or provide the information by the deadline date. Thus the Petitioner has failed to provide required information to the Respondent.

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 24th 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 24th day of April, 1981.

COPIES FURNISHED:

Mr. Gregg Hilbert

169 West King Street

St. Augustine, Florida 32084

Paul C. Doyle, Esquire Department of HRS

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

Alvin J. Taylor, Secretary

Attn: Susan B. Kirkland, Esquire Department of HRS

Building One, Room 406 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-000539

Orders for Case No: 81-000539