STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EPIFANO RODRIGUEZ, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2380L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

A formal hearing in the above case was held before the Division of Administrative Hearings by its duly designated Hearing Officer, DONALD R. ALEXANDER, on October 15, 1981, in Fort Myers, Florida.

APPEARANCES

For Petitioner: Epifano Rodriguez in pro se

5900 Winkler Road

Fort Myers, Florida 33907

For Respondent: Anthony DeLuccia, Esquire

8800 Cleveland Avenue, South Fort Myers, Florida 33907

BACKGROUND

On July 11, 1981, Petitioner, Epifano Rodriguez, filed a household application for cooling assistance under the Low Income Energy Assistance Program. This application was ultimately denied by Respondent, Department of Health and Rehabilitative Services, on the ground Petitioner did not submit his social security number and verification of monthly income.

Petitioner requested a formal hearing pursuant to Section 120.57(1), Florida Statutes, to contest the denial of the application. The matter was referred to the Division of Administrative Hearings on September 10, 1981, with a request that a Hearing Officer be assigned to conduct a hearing. Thereafter, a final hearing was scheduled on October 15, 1981, in Fort Myers, Florida.

At the final hearing Petitioner, through an interpreter, testified on his own behalf. Respondent presented the testimony of Massoumeh R. Dowlaty.

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 findings of fact are determined.

FINDINGS OF FACT

1. On July 11, 1981, Petitioner, Epifano Rodriguez, 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 Lee County, Florida, which is a part of the South Cooling Climatic Region for purposes of determining the level of assistance to be given claimants.

   
   

2. Although the application required that applicant furnish his social security number and monthly countable income, he failed to do so. On July 14, 1981, the Department requested the claimant furnish the omitted information. Because he failed to comply with this request, the application was ultimately denied.

   
   

3. Applicant and his wife are the only members of the household. Because of an acute or chronic medical condition, he is required to cool his residence.

   
   

4. Through testimony at the hearing, Petitioner provided his social security number and monthly household income which totaled $394.25. This amount falls within the income limitations for households having two persons. Rodriguez also agreed to furnish verification of his monthly income to Department representatives no later than November 10, 1981, which is approximately one week after he receives his next social security checks. If such verification is supplied, Rodriguez will be entitled to $241 in cooling assistance benefits.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

6. Rule 10 CER 81-17(3), Florida Administrative Code, specifies the level of assistance for eligible households in Lee County where Petitioner resides. For households having two persons with countable monthly income not exceeding

   $417, the level of assistance is $241. Petitioner's income falls within this range.

   
   

7. Rule 10 CER 81-10(1), Florida Administrative Code, provides in part that:

   
   

   1. All gross cash income which is not excluded must be verified or documented. . . (Emphasis supplied)

      
      

      Such income can be verified by bank statements, award letters, or showing the actual checks to Department representatives.

      
      

8. Petitioner failed to initially furnish verification of income, and as such, Respondent was justified in denying his claim. However, Petitioner is an elderly person who does not speak English, and he seemed confused about the requirements. He has now agreed to furnish such verification to Department representatives in Fort Myers no later than Tuesday, November 10, 1981. If such verification is supplied by that date, the application should be granted; otherwise it should be denied.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Epifano Rodriguez be GRANTED and he be

given cooling assistance in the amount of $241 provided that he furnish verification of his monthly household income to Department representatives in Fort Myers, Florida, no later than Tuesday, November 10, 1981; otherwise the application should be denied.

DONE and ENTERED this , 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 22nd day of October, 1981.

COPIES FURNISHED:

Epifano Rodriguez 5900 Winkler Road

Fort Myers, Florida 33907

Anthony DeLuccia, Esquire 8000 Cleveland Avenue, South Fort Myers, Florida 33907

Docket for Case No: 81-002380

Orders for Case No: 81-002380