STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JUDITH WINTHROP, )

)

Petitioner, )

)

vs. ) CASE NO. 81-543L

)

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: John Simon

162 Nautilus Road

St. Augustine, Florida 32084

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

81.40.8 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 Hone 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. Petitioner's friend testified on her behalf. Respondent called one witness and offered three (3) exhibits which were entered as evidence. The Hearing Officer entered one exhibit marked Hearing Officer's Exhibit 1.

FINDINGS OF FACT

1. Petitioner Judith Winthrop requested a hearing through a letter received in the office of Respondent on March 13, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 26, 1981 Winthrop, a white female, filed a Household Application for low income energy assistance. No one in her household is a migrant or a migrant farm worker, and no one else has applied for the low income energy assistance. She lives with one other person and receives a bill for use of fuel oil for heating. By Notice of Application Denial mailed February 2, 1981 Petitioner was informed that she was denied assistance for the reason that her household monthly income exceeded the maximum income for a household of her size. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.

   
   

3. Petitioner did not dispute the evidence presented by Respondent Department but wanted a hearing to explain her critical physical condition and the costs of her care. She hoped that a special dispensation could be made because of her dire circumstances.

   
   

4. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Winthrop's household income of $450.00 exceeds the income limit of $418.00 for a household of two (2) persons.

   
   

   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 application time period to February 13, 1981.

   
   

7. Petitioner made application for benefits for a two (2) person household with a gross income of $450.00. Rule 10 CER 80-11.05(1), Florida Administrative Code, 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). Rule 10 CER 80-11.07, 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 20th 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 on this 20th day of April, 1981.

COPIES FURNISHED:

Ms. Judith Winthrop c/o Mr. John Simon

162 Nautilus Road

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

1323 Winewood Boulevard Building One, Room 406 Tallahassee, Florida 32301

Docket for Case No: 81-000543

Orders for Case No: 81-000543