STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SIDNEY DARDEN, )

)

Petitioner, )

)

vs. ) CASE NO. 81-571L

)

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: Sidney Darden, pro se

2806 Maplewood Drive, Number 1

Jacksonville, Florida 32205

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 was not financially affected by the rising cost of energy for home heating 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. Immediately prior to the 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 offered one exhibit which was received in evidence. Respondent called one witness and offered three (3) exhibits which were entered as evidence.

FINDINGS OF FACT

1. Petitioner Sidney Darden requested a hearing by a letter received in the office of Respondent on March 20, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 28, 1981 Darden, 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 in his apartment applied for the low income energy assistance. He lives in a fully subsidized housing project and receives a bill for use of electricity. By Notice of Application Denial mailed February 26, 1981 Petitioner was informed that his household was not vulnerable to rising heating costs. list of Housing Projects for Duval County, District 04, Housing Urban Development, shows that the project in which Petitioner lives pays the heating fuel (gas) and includes it in the rent which has not increased in 1981.

   
   

3. At the hearing Petitioner did not dispute the evidence submitted by Respondent Department but explained that he or his mother paid the electric bill and that a fan operated by electricity was necessary to circulate the gas heat provided for his apartment and, without electricity, his apartment was cold.

   
   

4. 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 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 80-11 to extend the time period for application.

   
   

7. Petitioner made application for benefits for a one person household with no stated income except for cash from his mother. He presented an electric bill. Rule 10 CER 80-11.04(2), Florida Administrative Code, Eligibility Factors Other Than Income, provides as follows:

   
   

   (2) Vulnerability. A household must be financially affected by the rising cost of energy by paying some part of its home

   heating cost through means such as direct payments to utility companies, increases in rent, or excess utility surcharges.

   
   

8. Petitioner's home is not heated with electricity, and the gas which heats his home is included in his rent which has not increased in 1981. Thus 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 27th 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 27th day of March, 1981.

COPIES FURNISHED:

Mr. Sidney Darden

2806 Maplewood Drive, Number 1

Jacksonville, Florida 32206

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

1317 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-000571

Orders for Case No: 81-000571