STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTYE JEAN JENKINS, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2469L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on 17 November 1981 at Tallahassee, Florida.

APPEARANCES

For Petitioner: Bettye Jean Jenkins, Pro Se

2502-B Holton Street Building D, Apartment 221 Tallahassee, Florida 32304

For Respondent: John L. Pearce, Esquire

Department of Health and Rehabilitative Services

2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303

By letter dated September 23, 1981, Bettye Jean Jenkins, Petitioner, requested a hearing to contest the denial of her claim for Low Income Energy Assistance payments for air conditioning by Respondent. That hearing was scheduled for October 26, 1981, and at the appointed time Petitioner was not present. The Final Order approving the Hearing Officer's Recommended Order, to deny Petitioner's application as she failed to appear and present evidence, was rescinded by Respondent upon representation by Petitioner that she did not receive or understand this notice of the 26 October 1981 hearing.

At this hearing Petitioner testified on her own behalf and one witness was called by Respondent.

FINDINGS OF FACT

1. At all times here relevant Bettye Jean Jenkins lived in a government supported housing project in Tallahassee, Florida. Her rental payment is a fixed sum determined by the family's monthly gross income. This rent also includes utility costs.

2. Petitioner was advised that she was eligible for Low Income Energy Assistance payments by employees of Respondent since she had a certification by a doctor that, for health reasons, she should live in an air conditioned space. Petitioner does not have air conditioning.

   
   

3. After completing her application, which was initially approved, Petitioner was subsequently advised by Respondent that because she did not have air conditioning and pay additional costs for electricity she was not eligible for Low Income Energy Assistance for cooling.

   
   

4. Emergency Rule 10 CER 81-8, issued by the Department of Health and Welfare from whom the Low Income Energy Assistance funds come, provides:

   
   

   A household is not eligible when a government program is paying for the rising cost of cooling energy. This cost is paid by the housing project or facility where you live.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

6. The purpose of the Low Income Energy Assistance Program is to help people with low income defray the additional costs placed upon them due to rising fuel prices. Where the individual lives in a government sponsored housing project where the costs of energy are included in the monthly rent and the monthly rent is based upon the individual's gross income, the individual accrues no additional costs because of rising fuel prices. Furthermore, the rules preclude such individuals from receiving Low Income Energy Assistance benefits.

   
   

7. From the foregoing, it is concluded that Bettye Jean Jenkins has failed to show that she is entitled to the assistance claimed. It is, therefore,

RECOMMENDED that the claim of Bettye Jean Jenkins for energy assistance for cooling be denied.

ENTERED this 19th day of November, 1981, in Tallahassee, Florida.

K. N. AYERS, 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 19th day of February, 1981.

COPIES FURNISHED:

Ms. Bettye Jean Jenkins 2502-B Holton Street Building D, Apartment 221 Tallahassee, Florida 32304

John L. Pearce, Esquire District II Legal Counsel Department of Health and Rehabilitative Services

2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303

Docket for Case No: 81-002469

Orders for Case No: 81-002469