STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JERALDINE FOUNTAIN, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1309L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on May 29, 1981, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose upon notice from the Department of Health and Rehabilitative Services to the Division of Administrative Hearings that it desired a hearing upon the claim of Jeraldine Fountain for low income energy assistance.

Jeraldine Fountain testified she received an application or low income energy assistance from the food stamp office, completed the application and mailed it to an address on Beach Boulevard in Jacksonville, Florida.

Rowland Williams, District Program Director, testified concerning the procedures established for the processing of applications for the Low Income Energy Assistance Program.

The issues presented are two-fold:

1. Did Jeraldine Fountain make a timely claim for assistance under the Low Income Energy Assistance Program; and, if

   
   

2. Is she qualified for assistance under that program.

APPEARANCES

For Petitioner: Jeraldine Fountain, pro se

4-45 West 38th Street Jacksonville, Florida 32206

For Respondent: Leo J. Stellwagen, Esquire

Department of Health and Rehabilitative Services

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

FINDINGS OF FACT

1. All applications for the Low Income Energy Assistance Program were logged in upon receipt by the Department of Health and Rehabilitative Services agency receiving the applications, whether mailed or hand delivered. After being logged in, the applications were forwarded to the processing unit. Applicants received either a denial letter or payments under the program.

   
   

2. A detailed search of the logs and the processed applications were made by the Department staff at the direction of Rowland Williams, District Program Director for the Low Income Energy Assistance Program. There was no record of an application from Jeraldine Fountain having been received.

   
   

3. Had an application been received, the Department would have had a record of its receipt. Fountain's application was not received.

   
   

4. Fountain's follow-up on her application was after the final date for applying for benefits under the program, February 13, 1981.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction to hear this controversy pursuant to Chapter 120, Florida Statutes, and Rule 10 CER 80-11.13, Florida Administrative Code.

   
   

6. Rule 10 CER 80-11.08(1), Florida Administrative Code, provides that:

   
   

   In order for an application to

   be considered valid it must be received by HRS or be postmarked on or before midnight, January 30, 1981. Applica- tions received after that date and time will be returned to the individual.

   
   

   Later extended to February 13, 1981.

   
   

7. Although this rule refers to postmarked applications, his requirement relates to the time after which applications would not be accepted. The rule requires receipt of the application to establish a valid application.

   
   

8. The facts reflect that the Department logged all applications and that a search of the logs and application files did et reveal Fountain's application. It was not received by the department. Fountain's application was not valid due to its non- receipt. In the absence of a valid application, Jeraldine Fountain's not entitled to any benefits under the Low Income Energy Assistance Program.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that Jeraldine Fountain not receive any benefits under the Low Income Energy Assistance

DONE and ORDERED this 11th day of June, 1981, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, 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 11th day of June, 1981.

COPIES FURNISHED:

Ms. Jeraldine Fountain 4-45 West 38th Street

Jacksonville, Florida 32206

Leo J. Stellwagen, Esquire Department of HRS

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

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: 81-001309

Orders for Case No: 81-001309