Judges: D. R. ALEXANDER
Agency: Department of Children and Family Services
Latest Update: Oct. 26, 1981
Summary: Application for low income energy assistance denied.
81-2171STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
EULA WEBER, )
)
Petitioner, )
)
vs. ) CASE NO. 81-2171L
) DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, a formal hearing was held before the Division of Administrative Hearings, by its duly designated Hearing Officer, DONALD R. ALEXANDER, on October 1, 1981, in Jacksonville, Florida.
APPEARANCES
For Petitioner: Eula L. Weber, in pro se
4266 Camillia Circle West Jacksonville, Florida 32207
For Respondent: Leo J. Stellwagen, Esquire
Post Office Box 2417P 5920 Arlington Expressway
Jacksonville, Florida 32331
On June 7 , 1981 , Petitioner, Eula L. Weber, filed a household application for cooling assistance under the Low Income Energy Assistance Program.
Respondent, Department of Health and Rehabilitative Services, denied the application on July 10, 1981, on the ground the Petitioner's household income exceeded the monthly income limits prescribed by Department regulations.
Petitioner requested a formal hearing pursuant to Section 120.57(1), Florida Statutes, to contest the denial of her application. The matter was forwarded by Respondent to the Division of Administrative Hearings on September 1, 1981. By Notice of Hearing dated September 16, 1981, the final hearing was scheduled For October 1, 1981, in Jacksonville, Florida. At the final hearing Petitioner testified on her own behalf. Respondent presented the testimony of Roland Williams and offered Respondent's Composite Exhibit 1, which was received into evidence.
The issue herein is whether Petitioner's application for cooling assistance under the Low Income Energy Assistance Program should be granted.
Based upon the entire record, the following findings of fact are determined:
FINDINGS OF FACT
Petitioner, Eula L. Weber, is a 68-year-old female who lives with her husband at 4266 Camillia Circle West, Jacksonville, Florida. Their total gross monthly income is $656.50. Mrs. Weber requires cooling in her household because of several acute and chronic medical conditions.
Petitioner filed an application for cooling assistance on June 7, 1981, with Respondent, Department of Health and Rehabilitative Services. This application was denied on July 10, 1981, on the ground that the monthly income in Petitioner's household exceeded the income limitations prescribed by Department rule. That denial precipitated the instant hearing.
Petitioner did not deny her income exceeded the maximum amount permissible under Department standards. However, she asked that the Department reconsider her application in view of the medical problems she and her husband suffer, and large monthly utility bills incurred in providing the necessary cooling for her medical conditions.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the subject matter and the parties thereto pursuant to Section 120.57(1), Florida Statutes, and Rule 10 CER 80-11.13, Florida Administrative Code.
2. Rule 10 CER 81-11(2) Florida Administrative Code, prescribes the monthly income limits by household size for purposes of determining eligibility for assistance. It provides inter alia, that a household with two persons may not have monthly income exceeding $418.00. Because Petitioner's household monthly income is $656.50, and exceeds the limitation, she is not eligible for cooling assistance. Accordingly, despite her genuine need for such assistance, she is precluded by regulation from receiving this aid, and her application must be denied.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions RECOMMENDED that the application of Eula L. Weber be DENIED.
DONE and ENTERED this 9th day of October, 1991, in Tallahassee, Florida.
DONALD R. ALEXANDER
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 9th day of October, 1981.
COPIES FURNISHED:
Eula L. Weber
4266 Camillia Circle West Jacksonville, Florida 32207
Leo J. Stellwagen, Esquire Post Office Box 2417F 5920 Arlington Expressway
Jacksonville, Florida 32331
Docket for Case No: 81-002171
Orders for Case No: 81-002171
