STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROSE JOHNSON, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2378L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Final hearing in this case was held pursuant to notice on October 7, 1981, in Miami, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Rose Marie Johnson, pro se

311 Atlantic Avenue

North Miami Beach, Florida 33160

For Respondent: Leonard Helfand, Esquire

Department of Health and Rehabilitative Services

Suite 1040, Rhode Building

401 North West Second Avenue Miami, Florida 33128

As stated in the post-hearing Order dated October 13, 1981, the sole issue was verification of Petitioner's medical eligibility. That order memorandized the oral ruling made by the Hearing Officer at the hearing granting Petitioner ten additional days to submit the required medical data.

On October 14, 1981, Petitioner wrote requesting that the record in this case be re-opened to allow her to provide this data. At that time, the Hearing Officer held the record open and contacted the Department to request their assistance in obtaining a medical examination for Petitioner. The supervisor in this case, Virginia Chittick, subsequently indicated that everything possible had been done to assist Petitioner; however, Petitioner was having difficulty in obtaining verification.

Medical eligibility is required under the applicable rules in this matter. Petitioner has not provided any medical verification of her medical eligibility. Having failed to establish her medical eligibility, Petitioner has failed to establish her eligibility for Low Income Energy Assistance Program benefits.

RECOMMENDATION

Based upon the foregoing, the Hearing Officer recommends that Petitioner's application for Low Income Energy Assistance Program benefits be denied.

DONE and ORDERED this 5th day of November, 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 5th day of November, 1981.

COPIES FURNISHED:

Ms. Rose Marie Johnson

311 Atlantic Avenue

North Miami Beach, Florida

33160 Leonard Helfand, Esquire Department of HRS

Suite 1040, Rhode Building

410 North West Second Avenue Miami, Florida 33128

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: 81-002378

Orders for Case No: 81-002378