STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CARLOS J. BRYAN, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1114L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Milton, Florida on September 3, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Carlos J. Bryan, pro se

Route 5, Box 425

Milton, Florida 32570

For Respondent: Jon W. Searcy, Esquire

Department of Health and Rehabilitative Services

160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576

ISSUE

Whether Petitioner is eligible for additional 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 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, "Home Energy Assistance Act of 1980." Pursuant thereto and upon submittal 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, and Petitioner was sent a check in the amount of $50.00. Petitioner made a timely request for a hearing. After an informal conference with a supervisor of Respondent Department an administrative hearing was scheduled. Upon Petitioner's request, the first hearing was continued and rescheduled for this date. 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. Petitioner testified in his own behalf. Respondent called one witness and offered two (2) composite exhibits which were entered as evidence.

FINDINGS OF FACT

1. Petitioner Carlos J. Bryan requested a hearing by a letter dated April 17, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 1, 1981 Bryan, 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 with one other person, does not receive food stamps and receives a bill for use of wood for beating purposes.

   
   

3. Based upon Petitioner's type of heating and income a check in the amount of $50.00 was transmitted to him on March 17, 1981. The action was taken by Respondent within 45 days of Petitioner's application.

   
   

4. Petitioner did not dispute the evidence presented by Respondent Department but was convinced the income limit by household size was unfair, particularly since he and his wife with whom he lives are both elderly and ill. Petitioner Bryan's monthly household income is $360.00.

   
   

   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 for application to February 13, 1981. Respondent has followed the foregoing statute, act and rules.

   
   

7. Petitioner made application for benefits for a two (2) person household with a gross monthly income of $360.00. Rule 10 CER 80-11.05, Income, Subsection (2), 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 two (2) person household to $418.00. Thus, the Petitioner was eligible for low income energy assistance of $50.00 based on the map produced by Respondent depicting the four (4) Climatic Regions and the accompanying chart which permitted said assistance for the type of fuel used in the Northwest Heating Region of Florida and an income of $360.00.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that Respondent Department of Health and Rehabilitative Services enter a final order dismissing this case.

DONE and ORDERED this 17th day of September, 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 17th day of September, 1981.

COPIES FURNISHED:

Mr. Carlos J. Bryan Route 5, Box 425

Milton, Florida 32570

Jon W. Searcy, Esquire Department of HRS

i60 Governmental Center Post Office Box 12836 Pensacola, Florida 32576

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: 81-001114

Orders for Case No: 81-001114