STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MILDRED MOORER, )

)

Petitioner, )

)

vs. ) CASE NO. 81-572L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Miami, Florida on April 22, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: No Appearance

For Respondent: Leonard Helfand, Esquire

Department of Health and Rehabilitative Services

Room 1040, Rhode Building

401 N Second Avenue Miami, Florida 33128

ISSUE

Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980) Home Energy Assistance Program; Rule

10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.

PRELIMINARY STATEMENT

Respondent Department of Health and Rehabilitative Services was designated in Section 09.508, Florida Statutes (1980), Home Energy Assistance Program, as the state agency to administer the Federal Home Energy Assistance Program as provided in Title III, Public Law 96-223, Home Energy Assistance Act of 1980." 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. Petitioner failed to appear at the hearing although she had more

than 14 days' written notice. Respondent called one witness and offered one composite exhibit which was entered as evidence.

FINDINGS OF FACT

1. Petitioner Mildred Moorer requested a hearing by a letter received in the office of Respondent on March 16, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner failed to appear at the scheduled hearing.

   
   

2. On January 30, 1981 Moorer, a black female, filed a Household Application for low income energy assistance. No one in her household is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives with four (4) other persons, receives food stamps and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 25, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the maximum income for a household of her size. The 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 failed to appear although she had more than 14 days' written notice of hearing. Respondent presented evidence (Respondent's Composite Exhibit 1) which showed that Petitioner had a total gross household monthly income of $784.00. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code and the applicable chart Petitioner Moorer's household income exceeds the income limit of $723.00 for a household of five (5) persons.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction of this matter and the parties thereto pursuant to Section 120.57, Administrative Procedures Act, Florida Statutes, and Rule 10 CER 80-11.13, Hearing: for Individual Households, Rules Promulgated by the Department of Health and Rehabilitative Services, Florida Administrative Code.

   
   

5. Section 409.508, Florida Statutes (1980), Home Energy Assistance Program, Section , designates the Department of Health and Rehabilitative Services as the state agency to administer the Federal Home Energy Assistance Program as provided for in Title III, Public Law 96-223, "Home Energy Assistance Act of 1980," and to provide home energy assistance benefits to eligible households. The Department of Health and Rehabilitative Services promulgated Emergency Rule 10 CER 80-11, Low Income Energy Assistance Program, to carry out the provisions of the act and amended said rule by Emergency Rule 10 CER 81- 4.08, Florida Administrative Code, to extend the time period for application to February 13, 1981.

   
   

6. Petitioner made application for benefits for a five (5) person household with a combined gross income of $784.00. Rule 10 CER 80-11.05, Income, Subsection (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 five (5) person household to

$723.00. 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 13th day of May, 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 13th day of May, 1981.

COPIES FURNISHED:

Ms. Mildred Moorer 830 NW 43rd Street Miami, Florida 33127

Leonard Helfand, Esquire Department of HRS

Room 1040, Rhode Building

401 NW Second Avenue Miami, Florida 33128

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: 81-000572

Orders for Case No: 81-000572