STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARY CECELIA WILLIAMS, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2523L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held in Gainesville, Florida on November 4, 1981 before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: Mary Cecelia Williams, pro se

1112 NW Seventh Avenue Gainesville, Florida 32601

For Respondent: James Sawyer, Esquire

Department of Health and Rehabilitative Services

2002 Northwest 13th Street Oak Park Executive Square Gainesville, Florida 32601

ISSUE

Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, Florida Administrative Code.

PRELIMINARY STATEMENT

Respondent Department of Health and Rehabilitative Services was designated in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program, as the state agency to administer the Federal Home Energy Assistance Program as provided for in Title III, Public Law 96-223, "Home Energy Assistance Act of 1980." Pursuant thereto Respondent instituted the Low Income Energy Assistance Program.

A timely Household Application for benefits on an approved form was received from Petitioner. The application was promptly processed by the Respondent Department. A Notice of Application Denial was mailed to Petitioner notifying her that her application was denied for failure to provide medical certification indicating her breathing condition required a controlled temperature to prevent adverse effects which would be life-threatening.

Petitioner made a timely request for a hearing. Immediately prior to commencement of the hearing, in the presence of all parties, Petitioner was advised of her rights and instructed as to the procedures to be followed at the hearing. Petitioner testified in her own behalf. Respondent called one (1) witness.

FINDINGS OF FACT

1. Petitioner Mary Cecelia Williams requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services.

   
   

2. On June 28, 1981 Williams, a black female who lives with two other person , filed a Household Application for low income energy assistance together with a medical certificate (Form 137 May 81) which had the words "which would be life-threatening" crossed out by the physician. She was notified on July 2, 1981 that the application was denied for the reason that the physician did not indicate the need for cooling services was life-threatening. Petitioner did not dispute the fact the medical certification was altered but stated at the hearing that she had no money to see another physician. Both Petitioner and her son have breathing difficulties and she believes her application for cooling benefits should be reconsidered.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction in this matter and of the parties thereto pursuant to Section 120.57, Administrative Procedures Act, Florida Statutes, and Rule 10 CER 81-13, Hearings for Individual Households, Rules Promulgated by the Department of Health and Rehabilitative Services, Florida Administrative Code.

   
   

4. Section 409.508, Florida Statutes (1980), Home Energy Assistance Program, Section 2, designates the Department of Health and Rehabilitative Services as the state agency to administer the Federal Home Energy Assistance Program as provided for in Title III, Public Law 96-223, "Home Energy Assistance Act of 1980," and to provide home energy assistance benefits to eligible households. The Department of Health and Rehabilitative Services promulgated Emergency Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, to carry out the provisions of the act and amended said rules by Emergency Rule

   10 CER 81-16, Florida Administrative Code, to extend the time period for application through July 17, 1981. Respondent has followed the foregoing statute, act and rules.

   
   

5. Emergency Rule 10 CER 81-8, Florida Administrative Code, Eligibility Factors Other Than Income, provides in pertinent Part:

(3) Medical Necessity. In order to be eligible for cooling assistance, at least one household member must have a certified

medical condition which requires cooling to prevent adverse effects which would be life-threatening.

* * *

(c) The form Medical Certification

for Cooling, HRS (Temp) Form 137, must be used to establish a medical need for cooling. The household applicant is re- sponsible for having the form properly completed and returned to the agency when the household application is filed or within ten (10) days after notice of need for the form is sent to the household applicant.

It is concluded that Petitioner failed to provide the medical certificate establishing a medical need for cooling and therefore she is ineligible for cooling assistance.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioner.

DONE and ORDERED this 11th day of December, 1981, in Tallahassee, Leon County, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Department of Administration 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 11th day of December, 1981.

COPIES FURNISHED:

Mary Cecelia Williams 1112 NW Seventh Avenue

Gainesville, Florida 32601

James Sawyer, Esquire Department of HRS 2002 NW 13th Street

Oak Park Executive Square Gainesville, Florida 32601

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: 81-002523

Orders for Case No: 81-002523