STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANN ANDERSON, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1219L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held in Ocala, Florida, on May 26, 1981, before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Ann R. Anderson, pro se

Route 4, Box 6325

Citra, Florida 32627

For Respondent: James A. Sawyer, Esquire

Department of Health and Rehabilitative Services

3001 Southwest Broadway

Ocala, Florida 32671 STATEMENT OF THE 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 409.508, 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. 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, Ann Anderson, requested a hearing by a letter dated April 24, 1981. After the required informal conference with a supervisor in the Respondent Department, Petitioner requested a formal hearing.

   
   

2. On January 13, 1981, Anderson, 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 alone, is legally blind, receives food stamps, and receives a bill for use of liquid propane for hearing purposes. By Notice of Application Denial mailed on February 13, 1981, Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the maximum income limit 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 was convinced the income limit by household size was unfair, particularly since she lives alone; but her house is large and rooms cannot be shut off, and she is elderly and blind. Petitioner Anderson's monthly household income is $343.30.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction of this matter and the parties hereto, 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 one person household with a gross income in excess of $315.00. 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 applications 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 one-person household to $316.00. Thus, the Petitioner is not eligible for low income energy assistance.

RECOMMENDATION

Upon the foregoing findings of fact and conclusions of law, it is recommended that

DONE and ENTERED this 5th day of June, 1981, in Tallahassee, Florida.

COPIES FURNISHED:

Ann R. Anderson Route 4, Box 6325

Citra, FL 32627

James A. Sawyer, Esquire Department of HRS

3001 S.W. Broadway

Ocala, FL 32671

Alvin J. Taylor, Secretary Department of HRS

Building One, Room 406 1323 Winewood Boulevard

Tallahassee, FL 32301

DELPHENE C. STRICKLAND,

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 5th day of June, 1981.

Docket for Case No: 81-001219

Orders for Case No: 81-001219