STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLIAM E. JOHNSON, )

)

Petitioner, )

)

vs. ) CASE NO. 81-616L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Fort Lauderdale, Florida on April 21, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: William E. Johnson, pro se

1222 Northwest Fourth Avenue Fort Lauderdale, Florida 33311

For Respondent: Harold Braynon, Esquire

Department of Health and Rehabilitative Services

201 West Broward Boulevard

Fort Lauderdale, Florida 33301 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. 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. Respondent called one witness and offered three (3) exhibits which were entered as evidence.

FINDINGS OF FACT

1. Petitioner William E. Johnson requested a hearing by a letter received in the office of Respondent on February 27, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 14, 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 lives alone and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 17, 1981 Petitioner was informed that he was denied assistance for the reason that his monthly income exceeded the maximum income for a household of his size. 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 dispute the evidence presented by Respondent Department but was convinced the income limit by household size was unfair, especially since the subsidy was to pay the high cost of energy. He stated that he wanted no food stamps or charity but needed help with doctor bills, plumbing bills and screens. He stated that "Uncle Sam" supports illegal aliens but our own people can't get a loan or helping hand.

   
   

4. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Johnson's household income exceeds the income limit of $316.00 for a household of one person.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction of this matter and the parties there to 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 time period for application.

   
   

7. Petitioner made application for benefits for a one person household with a gross income of $412.60. 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 one

person household to $316.00. 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 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. William E. Johnson

1222 Northwest Fourth Avenue Fort Lauderdale, Florida 33311

Harold Braynon, Esquire Department of HRS

201 West Broward Boulevard

Fort Lauderdale, Florida 33301

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: 81-000616

Orders for Case No: 81-000616