STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARILYN HOWARD, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1186L

)

DEPARTMENT OF HEALTH AND )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was conducted in the above matter before the undersigned good hearing Officer on May 15, 1981, in Jacksonville, Florida. The following appearances were entered: Marilyn Howard appeared on her own behalf; and Leo J. Stellwagen, Jacksonville, Florida, appeared on behalf of the Respondent, Department of Health and Rehabilitative Services.

The petitioner has filed a Household Application for benefits under the Low Income Energy Assistance Program. Tie Department of Health and Rehabilitative Service granted the application and allowed lump sum benefit of $88.00. The Petitioner requested an administrative hearing with respect to the amount of the benefits allowed. The matter was forwarded to the office of the Division of Administrative Hearings on April 23, 1931, and a final hearing was scheduled as set out above by notice dated May 1, 1981.

At the final hearing, Rowland Williams, a program specialist assigned to the Department's Low Income Energy Assistance Program in District IV, testified on behalf of the department. Carolyn Howard, the petitioner's sister, and the Petitioner testified on the Petitioner's behalf. Exhibits 1 and 2 were received into evidence.

The issue in this proceeding is the amount of benefits fits under the Low Income Energy Assistance Program that the Petitioner is entitled to receive.

FINDINGS OF FACT

1. The Petitioner is fully eligible to receive benefits under the Low Income Energy Assistance Program. The only issue is as to the amount of benefits she is entitled to receive. On her application, the Petitioner stated that she had been receiving a twenty-dollar stipend from the Federal Department of Housing and Urban Development to assist her with her utilities payment. After December, 1980, the Petitioner ceased receiving the stipend, and since that date she has not received it. She receives no other assistance on her utility bills.

   
   

2. The Petitioner has outstanding electric utility bills of over $500.00. She is no able to pay this bill, and her electricity has been off for approximately two months.

3. The Petitioner's total income is $175.00 per month which she receives as an AFDC Payment.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this proceeding. Section 120.57(1), Florida Statutes.

   
   

5. The Department of Health and Rehabilitative Services is the agency charged wit administering the Federal Home Energy Assistance Program Chapter 80- 167, Laws of Florida. The Department has adopted rules in order to implement the program in Florida. Under the rules, applicants who are eligible for benefits are classified as "fully vulnerable" or "partially vulnerable." Fully ulnerable applicants are those who are responsible for utility bills and receive no other assistance to assistance to assist in paying them. Partially vulnerable applicants are those who are responsible for their utility bills but receive some assistance in paying them from sources other than the Low Income Energy Assistance Program. Department of Health aid Rehabilitative Service Rule

10 CER 80-11.04(2)(a) and (b). If the Petitioner has been receiving assistance from a federal agency in paying: her utility bill, she would be partially vulnerable. The Department initially determined that was her status based upon the statement in her application that she had been receiving such benefits. In fact, the Petitioner has received no such benefits, and she is therefore fully vulnerable, and eligible to receive benefits accordingly. The Department's rules provide that the fully vulnerable applicant with a monthly income level between $168.00 and $250.00 is entitled to $284.00 as a lump sum benefit for electric utilities. The Petitioner is eligible for this benefit.

RECOMMENDED ORDER

Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That a final order be entered by the Department of Health and Rehabilitative Services granting the Petitioner low income energy assistance benefits in the amount of $284.00.

RECOMMENDED this 3rd day of June, 1981, in Tallahassee, Florida.

G. STEVEN PFEIFFER Assistant Director

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 3rd day of June, 1981.

COPIES FURNISHED:

Ms. Marilyn A. Howard

301 Caravan Cr. #234 Jacksonville, Florida 32216

Leo J. Stellwagen, Esquire Department of Health and

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

Dir. Alvin J. Taylor, Secretary Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-001186

Orders for Case No: 81-001186