STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IRIS MAE SCHORNSTEIN, )

)

Petitioner, )

)

vs. ) CASE NO. 81-976L

)

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: Iris Mae Schornstein

2421 Pine Island Road Sunrise, Florida 33322

For Respondent: Harold L. Braynon, Esquire

Department of HRS

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, Low Income Energy Assistance Program, amended by Rule 10 CER 8l-4.08through 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 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. 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 for herself and offered one exhibit which was entered as evidence. Respondent called one witness and offered five (5) exhibits which were entered as evidence.

FINDINGS OF FACT

1. Petitioner Iris Mae Schornstein requested a hearing by a letter dated March 26, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 9, 1981 Schornstein, a white 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 receives food stamps, lives with her two (2) children and receives a bill for use of natural gas for heating. By Notice of Application Denial mailed March 24, 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. Action was taken by Respondent within 45 days of Petitioners application, and she was promptly notified of the reason for denial of benefits.

   
   

3. Petitioner listed no income on her Household Application, stating she "had been receiving unemployment compensation but it recently ran out." Upon investigation by Respondent it was learned that the mother of Petitioner contributed money to Petitioner at regular intervals, and at an interview with the program worker Petitioner admitted that her mother had contributed $550.00 to her household during January, the month of Petitioner's application. Therefore, the application for assistance was denied after consultation with the program specialist who was the witness for Respondent. At the hearing the program worker was not present, but Petitioner presented a letter from her mother stating that the mother had given her daughter $500.00 for the month of January and did not expect repayment (Petitioner's Exhibit 1). Petitioner also gave sworn testimony that she received only $500.00 from her mother in January and that said money was her only income.

   
   

4. Under Rule 10 CER 50-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Schornstein's household income limit is $519.00 for a household of three (3) 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, Hearings for Individual Households, 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, 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 through 4.11, Florida Administrative Code, to extend the time period for application.

   
   

7. Petitioner made application for benefits for a three (3) person household with no income. Rule 10 CER 80-11.05, Income, Subsection (1), Florida Administrative Code, defines income as "cash received at regular intervals," and 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 three (3) person household to $519.00. The weight of the evidence presented requires the undersigned to conclude that Petitioner is 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 granted Petitioner.

DONE and ORDERED this 1st day of May, 1981, 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 1st day of May, 1981.

COPIES FURNISHED:

Ms. Iris Mae Schornstein 2421 Pine Island Road Sunrise, Florida 33322

Harold L. Braynon, Esquire Department of HRS

201 West Broward Boulevard

Fort Lauderdale, Florida 33301

Alvin J. Taylor, Secretary

Attn: Susan H. Kirkland, Esquire Department of HRS

Building One, Room 406 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-000976

Orders for Case No: 81-000976