STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RACHEL N. FARMER, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1043L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Macclenny, Florida on May 19, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Rachel N. Farmer, pro se

Baker Manor, Apartment Number 8 Macclenny, Florida 32063

For Respondent: Leo J. Stellwagen, Esquire

Department of Health and Rehabilitative Services

5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231

ISSUE

Whether Petitioner should have been considered for benefits from the Low Income Energy Assistance Program pursuant to Section 409.508, Florida Statutes; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Administrative Code.

PRELIMINARY STATEMENT

Respondent Department of Health and Rehabilitative Services 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 in Title III, Public Law 96-223 "Home Energy Assistance Act of 1980."

Thereafter upon submittal to and approval by the federal authorities of the "Low-Income Energy Assistance Program State Plan for the State of Florida for Fiscal Year 1980-81," Respondent instituted the Low Income Energy Assistance

Program. Petitioner did not receive low income energy benefits and requested to be notified why she had not received such benefits. No benefits were allocated, and Respondent requested the Division of Administrative Hearings to schedule an administrative bearing. Petitioner testified in her own behalf. Respondent

called one witness and offered one composite exhibit which was entered as evidence.

FINDINGS OF FACT

1. Petitioner Rachel N. Farmer requested a hearing by a letter received in the office of the Respondent on April 2, 1981. After an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing.

   
   

2. Petitioner is a black female who lives in Macclenny, Baker County, Florida She receives aid from the state and federal governments in the amount of

   $75.00 biweekly. She wrote a letter to Respondent Department, received on April 4, 1981, requesting information as to why she had not received a check to help on her light bill. After Respondent denied benefits on the grounds that no application had been received Respondent forwarded the letter to the Division of Administrative Hearings as a request for hearing. Petitioner testified in her own behalf.

   
   

3. At the hearing Petitioner stated that on March 19, 1981 she had submitted by mail to Respondent an application consisting of one sheet on which she bad indicated her income. Respondent submitted a statement by the worker in charge of the records in the area in which Petitioner lived which stated that diligent search had been made of the files and logs but no application had been received from Petitioner.

   
   

4. From observing the demeanor of the parties the earing Officer finds that Petitioner Farmer mistakenly believed hat she had sent in an application for low income energy benefits but that in fact she had not submitted the proper application. The Hearing Officer further finds that the form Petitioner may have filed was filed by mailing on March 19, 1981.

   
   

   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 or in Title III, Public Law 96-223, "Home Energy Assistance Act 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 amended said rule by Emergency Rule 10 CER 91-4.08, Florida Administrative Code, to extend the time period for application to February 13, 1981. Respondent has followed the foregoing statute, act and rules.

   
   

7. Rule 10 CER 80-11.08, Application Procedures and Processing, Florida Administrative Code, requires an applicant or Low Income Energy Assistance Program benefits to make a written application on an official form and submit it to a Department of Health and Rehabilitative Services office. Petitioner failed to submit the required application as required by the foregoing rule although

   she was provided an opportunity to apply for such benefits through offices in which she received other benefits.

   
   

8. Rule 10 CER 80-11.08, Florida Administrative Code, limited the application period from January 2, 1981 through January 30, 1981. Rule 10 CER 81-4, Florida Administrative Code, was an amendment which extended the time for application through February 13, 1981. Petitioner failed to comply with the foregoing rule and the amendment thereto.

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 5th day of June, 1981, in Tallahassee, Leon County, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings The Oakland Building

200 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. Rachel N. Farmer Baker Manor, Apt. #8 Macclenny, Florida 32063

Leo J. Stellwagen, Esquire Department of HRS

5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231

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: 81-001043

Orders for Case No: 81-001043