Judges: D. R. ALEXANDER
Agency: Department of Children and Family Services
Latest Update: Dec. 07, 1981
Summary: Application for low income energy assistance approved.
81-2412STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FAY OLA HARTLEY, )
)
Petitioner, )
)
vs. ) CASE NO. 81-2412L
)
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 9, 1981, in Lake City, Florida.
APPEARANCES
For Petitioner: Fay Ola Hartley in pro se
2794 East Duval, Trailer 11 Lake City, Florida 32055
For Respondent: Joseph E. Hodges, Esquire
2002 North West 13th Street, 4th Floor Gainesville, Florida 32601
On July 16, 1981, Petitioner, Fay Ola Hartley, filed a household application for cooling assistance under the Low Income Energy Assistance Program. After processing, the application was granted by Respondent, Department of Health and Rehabilitative Services, and Petitioner was issued a check in the amount of $40.
Petitioner requested a formal hearing pursuant to Subsection 120.57(1), Florida Statutes, to contest the amount of assistance given her. The matter was referred by Respondent to the Division of Administrative Hearings on September 25, 1981, with a request that a Hearing Officer be assigned to conduct a hearing. By Notice of Hearing dated October 23, 1981, the final hearing was scheduled for November 9, 1981, in Lake City, Florida.
At the final hearing, Petitioner testified on her own behalf. Respondent presented the testimony of Earnest M. Pierce. The results of Respondent's inquiry to determine whether Petitioner resided in a fully vulnerable household was received in evidence as Hearing Officer's Exhibit 1.
The issue herein is whether Petitioner is entitled to additional cooling assistance under the Low Income Energy Assistance Program.
Based upon all the evidence, the following facts are determined:
FINDINGS OF FACT
On July 16, 1981, Petitioner, Fay Ola Hartley, 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 Columbia County, Florida, which is part of the North Cooling Climatic Region for purposes of determining the level of assistance to be given claimants.
Respondent reviewed Petitioner's application, and because she lives in housing that is subsidized by the Columbia County Housing Authority (CCHA), determined that Petitioner lives in a household that is partially vulnerable to the rising cost of cooling energy. This means the governmental entity is partially responsible for paying a portion of her energy bill. According to Department regulations, Petitioner was entitled to only $40 in energy assistance, and a check was issued to her for that amount.
Applicant is the only member of her household. Her total monthly countable income is $262.70 which falls within acceptable income limitations prescribed by the Department. Except for living in a partially vulnerable household, Hartley was otherwise qualified to receive $143 in cooling assistance benefits.
Respondent failed to contact the CCHA when it processed Hartley's application to determine whether it actually paid a portion of her utility bill. Hartley could neither confirm or deny that CCHA provided such assistance. By agreement of the parties, the record was left open to enable Respondent to verify its earlier determination. A subsequent inquiry by Respondent revealed that Hartley lives in a household fully vulnerable to the rising cost of cooling energy and is eligible for $103 in additional cooling assistance.
CONCLUSIONS OF LAW
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.
Rule 10 CER 81-17(3) , Florida Administrative Code, specifies the level of assistance for eligible households in Columbia County, Florida, where Petitioner resides. For households having one person with countable monthly income not exceeding $333 the level of assistance is $143. Petitioner's income falls within this range.
Rule 10 CER 81-8(2), Florida Administrative Code, provides in part as follows:
Vulnerability. A household will be considered either not vulnerable, partially vulnerable or fully vulnerable to the rising cost of cooling energy. The household must be partially or fully vulnerable in order to receive cooling assistance. The household is not required to have a source of cooling energy nor to have cooling facilities.
Households are not vulnerable when a government program is responsible for paying for the rising cost of cooling
energy.
Partially vulnerable households are those who are only partially responsible for the cost of cooling energy because
they are tenants living in public or private housing projects where they are responsi- ble to pay only excess utilities or a utility surcharge for cooling energy...
Eligible tenants will receive a percent- age of the payment amount of an equivalent fully vulnerable household.
Households not covered by (a) or above are considered to be fully vulnerable to the rising cost of cooling energy. (Emphasis supplied)
The evidence herein discloses that Hartley resides within a household that is fully vulnerable to the rising cost of cooling energy. This being so, the initial determination by Respondent that she was entitled to only $40 in cooling assistance was incorrect, and Petitioner should be given $103 in additional cooling assistance.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Petitioner, Fay Ola Hartley, be given $103 in additional
cooling assistance in accordance with Department regulations.
DONE and ENTERED this 18th day of November, 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 18th day of November, 1981.
COPIES FURNISHED:
Mrs. Fay Ola Hartley
2794 East Duval, Trailer 11 Lake City, Florida 32055
Joseph E. Hodges, Esquire Department of HRS
2002 N.W. 13th Street - 4th Floor Gainesville, Florida 32601
Docket for Case No: 81-002412
Orders for Case No: 81-002412
