STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RUBY CAMPBELL, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2349L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held in Williston, Florida on October 7, 1981 before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Ruby Campbell, pro se

Post Office Box 382 Williston, Florida 32696

For Respondent: Joseph E. Hodges, Esquire

Department of Health and Rehabilitative Services

2002 Northwest 13th Street Oak Park Executive Square Gainesville, Florida 32601

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 and a Medical Certification for Cooling were received from Petitioner. The application was promptly processed by the Respondent Department. A Notice of Application Denial was mailed to Petitioner notifying her that the medical statement she furnished did not show that he medical condition was life- threatening and therefore she as 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 and called two (2) witnesses. Respondent called one (1) witness and offered one (1) exhibit which was entered in evidence.

FINDINGS OF FACT

1. Petitioner Ruby Campbell requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services.

   
   

2. On July 8, 1981 Campbell, a white female who lives alone, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. By Notice of Application Denial Petitioner was informed that she was denied assistance for the reason that her medical statement indicated her medical condition did not require cooling in order to prevent "life threatening" adverse effects. The action was taken within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.

   
   

3. The medical practitioner who signed the Medical Certification for Cooling, HRS (temp.) Form 137, crossed out the words "life threatening" before he signed the form which indicated that Petitioner has a spinal cord injury and hypertension.

   
   

4. Petitioner did not dispute the evidence presented by Respondent Department but felt that the doctor should not have crossed out the words "life threatening" inasmuch as her home is very hot in the summer, a condition corroborated by her witnesses.

   
   

   CONCLUSIONS OF LAW

   
   

5. 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.

   
   

6. 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.

   
   

7. Petitioner made application for benefits for a one (1) person household. Emergency Rule 10 CER 81-8(3) provides:

Medical Necessity. In order to be eligible for cooling assistance, at least one house- hold member must have a certified medical condition which requires cooling to prevent adverse effects which would be life- threatening.

Petitioner's physician struck out the words "life-threatening" on the medical statement, and therefore Petitioner's condition was not considered life- threatening. Thus, Petitioner is not eligible for low income energy 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 Petitioner.

DONE and ORDERED this 4th day of December, 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 4th day of December, 1981.

COPIES FURNISHED:

Mrs. Ruby Campbell Post Office Box 382

Williston, Florida 32696

Joseph E. Hodges, Esquire Department of HRS

2002 NW 13th Street

Oak Park Executive Square Gainesville, Florida 32601

David H. Pingree, Secretary

Attn: Susan B. Kirkland, Esquire Department of HRS

Building One, Room 406 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-002349

Orders for Case No: 81-002349