STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTIE S. MC DOWELL, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1116L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Crestview, Florida on May 29, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Bettie S. McDowell, pro se

247 Cypress Avenue, Northwest Crestview, Florida 32536

For Respondent: Jon W. Searcy, Esquire

Department of Health and Rehabilitative Services

160 Governmental Center Pensacola, Florida 32501

ISSUE

Whether Petitioner is eligible for 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 409.500, 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 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 limits and therefore she was ineligible for benefits. Petitioner made a timely request for

a, hearing. 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 and offered one composite exhibit which was entered as evidence.

FINDINGS OF FACT

1. Petitioner Bettie S. McDowell requested a hearing by a letter received in the office of Respondent on February, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing.

   
   

2. On January 6, 1981 McDowell, 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 lives with one other person and receives a bill for use of natural gas for heating purposes. By Notice of Application Denial mailed February 2, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly household income exceeded the maximum income limits for a household of her size. The action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.

   
   

3. Petitioner did not dispute the evidence presented by Respondent Department but felt that assistance should have been based on need. Petitioner McDowell's monthly household income during the month of her application was

   $476.00.

   
   

   CONCLUSIONS OF LAW

   
   

4. 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.

   
   

5. 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.

   
   

6. Petitioner made application for benefits for a two (2) person household with a gross monthly income in excess of $476.00. 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) , Florida Administrative Code, limits monthly income for a two (2) person

household to $418.00. Thus the Petitioner, whose household included three (3) persons in January of 1981, 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 17th day of June, 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 June, 1981.

COPIES FURNISHED:

Ms. Bettie S. McDowell

247 Cypress Avenue, NW Crestview, Florida 32536

Jon W. Searcy, Esquire Department of HRS

160 Governmental Center Pensacola, Florida 32501

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: 81-001116

Orders for Case No: 81-001116