STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DOROTHY and WILLIE TAYLOR, )

)

Petitioners, )

)

vs. ) CASE NO. 81-2208L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held in Pensacola, Florida on January 26, 1982 before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Dorothy Taylor, pro se

952 North 46th Avenue Pensacola, Florida 32546

For Respondent: Jon W. Searcy, Esquire

Department of Health and Rehabilitative Services

160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576

ISSUE

Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, 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 Respondent instituted the Low Income Energy Assistance Program.

A timely Household Application for benefits on an approved form was received from Petitioners. The application was promptly processed by the Respondent Department, and a request for additional information was sent Petitioners reminding them to send in the required Medical Certification for

Cooling. A Notice of Application Denial was mailed to Petitioners notifying them that their application was denied for failure to provide the required medical statement indicating a health condition requiring controlled temperature to prevent adverse effects which would be life-threatening. Petitioners made a timely request for a hearing. Immediately prior to commencement of the hearing, in the presence of all parties, Petitioner Dorothy Taylor was advised of her rights and instructed as to the procedures to be followed at the hearing.

Petitioner indicated that she had been requested by her husband to represent him as well as herself and testified in their behalf. Petitioner offered one (1) exhibit which was entered in evidence. Respondent called one (1) witness and offered three (3) exhibits which were entered in evidence.

FINDINGS OF FACT

1. Petitioners Dorothy and Willie Taylor, who live with three (3) other persons, filed a Household Application for low income energy assistance. On July 21, 1981 they were reminded to send in a Medical Certification for Cooling (Form 137, May '81) by August 4, 1981 so that their eligibility for benefits could be determined. No medical statement form was submitted by Petitioners. Thereafter, on August 28, 1981, they were notified that their application was denied for the reason that the required information to show eligibility for benefits had not been submitted.

   
   

2. Petitioner did not dispute the evidence and testimony presented by Respondent but offered as evidence a signed Medical Certification for Cooling showing that Petitioners were not in need of cooling for a medical condition which requires controlled temperature to prevent adverse effects which would be life-threatening.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction in this matter and of the parties thereto pursuant to Section 120.57, Administrative Procedures Act, Florida Statutes, and Rule 10 CER 81-13, Hearings for Individual Households, Rules Promulgated by the Department of Health and Rehabilitative Services, Florida Administrative Code.

   
   

4. 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 Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, to carry out the provisions of the act and amended said rules by Emergency Rule

   10 CER 81-16, Florida Administrative Code, to extend the time period for application through July 17, 1981. Respondent has followed the foregoing statute, act and rules.

   
   

5. Emergency Rule 10 CER 81-8, Florida Administrative Code, Eligibility Factors Other Than Income, provides in pertinent part:

(3) Medical Necessity. In order to be eligible for cooling assistance, at least one household member must have a certified medical condition which requires cooling to prevent

adverse effects which would be life- threatening.

* * *

(c) The form Medical Certifica-

tion for Cooling, HRS (Temp) Form 137, must be used to establish a medical need for cooling. The household applicant is responsible for having the form properly completed and returned to the agency when the house- hold application is filed or within ten (10) days after notice of need

for the form is sent to the household applicant.

It is concluded that Petitioners failed to provide the medical certificate establishing a medical need for cooling and therefore they are ineligible for cooling assistance.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioners.

DONE and ORDERED this 3rd day of February, 1982, 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 3rd day of January, 1982.

COPIES FURNISHED:

Mr. and Mrs. Willie Taylor David H. Pingree, Secretary

952 North 46th Avenue Attn: Susan B. Kirkland, Esquire Pensacola, Florida 32546 Department of HRS

Building One, Room 406 Jon W. Searcy, Esquire 1323 Winewood Boulevard

Department of HRS Tallahassee, Florida 32301

160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576

Docket for Case No: 81-002208

Orders for Case No: 81-002208