STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CORINE THOMAS, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2377L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in the above case before the Division of Administrative Hearings by its duly designated Hearing Officer, DONALD R. ALEXANDER, on November 30, 1981, in Milton, Florida.

APPEARANCES

For Petitioner: Corine Thomas in pro se

1611 Okaloosa Street

Milton, Florida 32570

For Respondent: Jon W. Searcy, Esquire

Department of HRS

160 Governmental Center Pensacola, Florida 32522

On July 6, 1981, Petitioner, Corine Thomas, filed a household application for cooling assistance under the Low Income Energy Assistance Program. The application was denied by Respondent, Department of Health and Rehabilitative Services, on the ground Petitioner's total countable monthly income was excessive.

Petitioner requested a formal hearing pursuant to Subsection 120.57(1), Florida Statutes, to contest the denial of her application. The matter was referred by Respondent to the Division of Administrative Hearings on September 18, 1981, with a request that a Hearing Officer be assigned to conduct a hearing. By Notice of Hearing dated November 19, 1981, the final hearing was scheduled for November 30, 1981, in Milton, Florida.

At the final hearing, Petitioner testified on her own behalf. Respondent presented the testimony of R. A. McAuliffe and offered Respondent's Exhibits 1- 3, each of which was received into evidence.

The issue herein is whether Petitioner is entitled to cooling assistance under the Low Income Energy Assistance Program.

Based upon all the evidence, the following facts are determined:

FINDINGS OF FACT

1. On July 6, 1981, Petitioner, Corine Thomas, filed a household application for cooling assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Petitioner resides in Santa Rosa County, Florida, which is part of the North Cooling Climatic Region for purposes of determining the level of assistance to be given claimants. The application was ultimately denied by Respondent on August 28, 1981, on the ground Petitioner's monthly countable income exceeded that authorized by Department rule.

   
   

2. When the application was filed, Petitioner and one other person lived in her household. Their total countable monthly income for July, 1981, was

   $524, which exceeds the $418 income limitation for households having two persons. Except for the excessive income, Petitioner was otherwise qualified to receive cooling assistance.

   
   

3. Applicant contended the other person residing in her household when the application was filed was only temporary and has subsequently moved. However, he did reside there when the application was filed on July 6, 1981 and must be included as a member of her household for purposes of determining eligibility.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearing has jurisdiction of the subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statues, and Rule 10 CER 80-11.13, Florida Administrative Code.

   
   

5. Rule 10 CER 81-17(3), Florida Administrative Code, specifies the level of assistance for eligible households in Santa Rosa County, Florida, where Petitioner resides. For households having two persons with countable monthly income not exceeding $418 the level of assistance is $143. Petitioner's income exceeded this limitation for the month of July, 1981.

   
   

6. Petitioner contends that the person living in her household when the application was filed only resided there six weeks and has now moved. She further contended that this person contributed nothing to household expenses and that his income should not be considered. However, Rule 10 CER 81-7(1), Florida Administrative Code, defines a household in part as follows:

   
   

   1. A household is a person or group of persons residing together in the same dwelling unit whether or not household expenses are shared. Relationship is not a factor in household determination. The income of all household members is considered in determining eligibility and benefit amount.

Because a second person resided in the household during the month of July, 1981, within the meaning of the above Rule, Petitioner's total household monthly income exceeded the limitation prescribed by Department regulation.

Accordingly, Respondent's initial determination that Thomas was not qualified for cooling assistance should be sustained.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Corine Thomas for cooling assistance be

DENIED.

DONE and ENTERED this 3rd day of December, 1981, 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 3rd day of December, 1981.

COPIES FURNISHED:

Corine Thomas

1611 Okaloosa Street

Milton, Florida 32570

Jon W. Searcy, Esquire Department of HRS

160 Governmental Center Pensacola, Florida 32522

Docket for Case No: 81-002377

Orders for Case No: 81-002377