STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CALLIE ROBINSON, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1245L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in Orlando, Florida on May 13, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: R. A. Culbertson, Esquire

Greater Orlando Area Legal Services, Inc. Osceola County

1200 Central Avenue, Suite 110

Kissimmee, Florida 32741

For Respondent: Sam Stafford, Esquire

Department of Health and Rehabilitative Services

400 West Robinson Street, Suite 912 Orlando, Florida 32801

ISSUE

Whether Petitioner was provided an opportunity to make a written application 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, Florida Administrative Code.

PRELIMINARY STATEMENT

Respondent Department of Health and Rehabilitative Services was designated in Sect on 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." Pursuant thereto and upon submittal and approval 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 submit a Household Application for low income energy assistance benefits but through her attorney requested an administrative hearing on the denial of energy assistance.

After an informal conference with Petitioner's attorney the formal hearing was schedule . Petitioner testified in her own behalf, called one witness and offered one exhibit which was entered into evidence. Respondent called two (2) witnesses and offered one composite exhibit which was entered into evidence.

Both parties submitted proposed findings of fact, memoranda of law and proposed recommended orders. These instruments were considered in the writing of this order. To the extent the proposed findings of fact have not been adopted in or are inconsistent with factual findings in this order, they have been specifically rejected as being irrelevant or not having been supported by the evidence.

FINDINGS OF FACT

1. Petitioner Callie Robinson requested a hearing through her attorney by a letter received in the office of the Respondent on April 24, 1981. After several informal conferences with a supervisor in Respondent Department and the Assistant District Counsel Petitioner requested a formal hearing.

   
   

2. Petitioner is a black female who lives with her three (3) children in a rented home. She receives a bill for use of propane gas for heating. She is not employed, and her gross income is through the Aid to Families with Dependent Children program and other public welfare agencies.

   
   

3. Petitioner did not dispute the evidence presented by Respondent that she never completed or signed an official Low income Energy Assistance Program application for benefits or that he was given an official application form complete with filing instructions and an official brochure explaining the application and eligibility requirements of the state administered program. Petitioner completed the eleventh (11th) grade in school and can read.

   
   

4. Petitioner understood from an inquiry to an employee of Respondent Department employed as a caseworker in the d to Families with Dependent Children Program that she would automatically qualify for the Low Income Energy Assistance Program. he caseworker with whom Petitioner spoke had referred her to the Low Income Energy Assistance Program in the same building because he caseworker's primary concern was clients' eligibility for the Aid to Families with Dependent Children Program. Petitioner mistakenly believed she did not have to fill out the application or low income energy assistance benefits inasmuch as she qualified or aid to families with dependent children.

   
   

5. Petitioner called as her witness a friend who had completed her own application for benefits and at the time was encouraging others to file for benefits by handing out application blanks and brochures explaining the program. The witness gave an application and brochure to Petitioner who casually laid them aside and did not read them, believing it was unnecessary.

   
   

6. From observing the demeanor of the parties and the witnesses the Hearing Officer finds ttot Petitioner Robinson mistakenly believed that because of her eligiblility for the Aid to Families with Dependent Children benefits she would automatically qualify for and be granted benefits under the Low Income Energy Assistance Program. She failed to listen attentively to the Respondent's caseworker and did not report to the office which took written applications for low income energy assistance benefits. She further failed to listen to her friend and witness who had herself reported to said office made written application and had distributed an application form and brochure to Petitioner.

   Petitioner failed to read the information furnished to her which would have informed her that she must fill out and submit a written application for Low Income Energy Assistance Program benefits.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction of this matter and he 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.

   
   

8. 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- 23, "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.

   
   

9. Rule 10 CER 80-11.08, Application Procedures and Processing, Florida Administrative Cod requires an applicant for Low Income Energy Assistance Program benefits to make a written application on an official form and submit it to a opartmont of Health and Rehabilitative Services office. Petitioner failed to timely submit an application as required hy the foregoing rule although she was provided an opportunity to apply or such benefits.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy enefits be denied Petitioner.

DONE and ORDERED this 2nd 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 2nd day of June, 1981.

COPIES FURNISHED:

R. A. Culbertson, Esquire Greater Orlando Area Legal

Services, Inc.

Osceola County

1200 Central Avenue, Suite 110

Kissimmee, Florida 32741

Sam Stafford, Esquire Department of HRS

400 West Robinson Street, Suite 912

Orlando, Florida 32801

Alvin J. Taylor, Secretary

Attn: Susan E. Kirkland, Esquire Department of HRS

Building One, Room 406 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-001245

Orders for Case No: 81-001245