n

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALMA T. CAMIEL, )

)

Petitioner, )

)

vs. ) CASE NO. 81-968L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Lake City, Florida on April 16, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Alma T. Camiel, pro se

407 North Street

Lake City, Florida 32055

For Respondent: Joseph E. Hodges, Esquire

Department of Health and Rehabilitative Services

2002 Northwest 13th Street Oak Park Executive Square Gainesville, Florida 32601

ISSUE

Whether Petitioner is eligible for additional low income energy assistance under Section 409.508, Florida Statutes (1980), 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 So vices was designated in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program, as the state agency to administer the Federal Home Energy Assistance program as provided for in Title III, Public Law 96-223, "one Energy Assistance Act of 1980." Thereafter, upon submittal to and approval by the federal authorities of the "Low Income Energy Assistance Program State Plan of the State of Florida for Fiscal Year 1980-81," 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 check in the amount of $47.00 was issued to Petitioner. Petitioner made a timely request for a hearing to contest the determination that was made on her application. After an informal conference with a supervisor of Respondent Department this administrative hearing was scheduled. Immediately prior to commencement of the hearing, in the presence of all parties, Petitioner was advised of her rights and instructed as to the procedures to be followed at the hearing. Petitioner testified in her own behalf. Respondent called one witness.

Respondent submitted a memorandum, which was considered in the writing of this order.

FINDINGS OF FACT

1. Petitioner Alma T. Camiel requested a hearing on April 3, 1981. After the require informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 28, 198 Camiel, 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 applied for the low income energy assistance. She lives alone in Lake City, Florida, receives food stamps and receives a bill for the use of wood for heating purposes. Petitioner was issued a check in the amount of $47.00 to assist her in paying her heating costs for the month of January. The action was taken by Respondent within 45 days of Petitioner's application, and she was promptly paid low income energy assistance benefits.

   
   

3. Petitioner did not dispute the evidence presented by Respondent, the facts of her residence or income, or the type of fuel used but stated that wood was expensive and her primary source of heat, although she used other types of fuel at times. She had expected more money since others received more benefits under the program, particularly if they used electricity as a primary source of beat.

   
   

4. Respondent's witness produced the signed application of Petitioner, a map of the State of Florida depicting four (4) climatic regions and a chart for determining the amount of low income energy assistance boating payments for each of the four (4) regions based on monthly income of the application and the type of fuel used for fully vulnerable and partially vulnerable households. The amount of $47.00 was the correct amount according to the chart odor the facts provided by Petitioner.

   
   

   CONCLUSIONS OF LAW

   
   

5. 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, Hearings for Individual Households, Rules Promulgated by the Department of Health and Rehabilitative Services, Florida Administrative Code.

   
   

6. Section 409.508, Florida Statutes (1980), Home Energy Assistance Program, Section 2, 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 or applications to February 13, 1951. Federal authorities approved the State Plan required to he submitted under the Title III program. Payment amounts and timing are provided for in Section 260.303 of the Federal Regulations, published on Page 66699 of the Federal Register, Volume 45, No. 196, Payment Amounts and Timing. Appendix C, Guidelines for Varying Payment Amounts, Page 66702, authorizes the states to draw state plans for distribution of monies to households to assist in paying heating costs. The State of Florida submitted a State Plan on January 30, 1981 for the "Low Income Energy Assistance Program" which was accepted by the Federal Department of Health and Human Services. As a part of the State Plan the state was divided into four (4) climatic regions: North, Northwest, Central and South. Each region was allocated certain payment amounts based on vulnerability, income and type of fuel.

   
   

7. Petitioner Camiel resides in the North Region, had an income of $258.00 for the month of January, and bought wood for heating purposes. Her payment we

$47.00, which is the correct amount under the charts which were processed subsequent to federal approval of the State Plan. The undated memorandum to AIG #11 from Respondent's Assistant Secretary or Operations and Assistant Secretary for Program Planning an Development recited that Respondent had obtained federal approval of the charts which were used throughout the state to determine benefits under the Low Income Energy Assistance Program.

RECOMMENDATION

Based on the foregoing findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered approving the amount of Low Income Energy Assistance Program benefits allocated to Petitioner Alma T. Camiel.

DONE and ORDERED this 5th day of June, 1991, 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 5th day of June, 1981.

COPIES FURNISHED:

Ms. Alma T. Camiel

107 North Street

Lake City, Florida 32055

Joseph E. Hodges, Esquire Department of HRS

Oak Park Executive Square Gainesville, Florida 32601

Alvin J. Taylor, Secretary

Attn: Susan E. Kirkland, Esquire Department of HRS

Building One, Room 406

323 Winewood Boulevard Tallahassee, Florida 32301

Docket for Case No: 81-000968

Orders for Case No: 81-000968