Judges: D. R. ALEXANDER
Agency: Department of Children and Family Services
Latest Update: Feb. 15, 1982
Summary: Application for low income energy assistance denied.
81-2901STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
LAVERNE A. NOLTE, )
)
Petitioner, )
)
vs. ) CASE NO. 81-2901L
)
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 January 25, 1982, in Miami, Florida.
APPEARANCES
For Petitioner: Laverne A. Nolte, in pro se
1301 Northwest Seventh Street, Number 212
Miami, Florida 33125
For Respondent: Leonard Helfand, Esquire
401 Northwest Second Avenue, Suite 1040 Miami, Florida 33128
On June 20, 1981, Petitioner, Laverne A. Nolte, filed a household application for cooling assistance under the Low Income Energy Assistance Program. After processing, this application was granted by Respondent, Department of Health and Rehabilitative Services, and Petitioner was issued a check in the amount of $75.
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 November 16, 1981, with a request that a Hearing Officer be assigned to conduct a hearing. By Notice of Hearing dated December 7, 1981, the final hearing was scheduled for January 25, 1982, in Miami, Florida.
At the final hearing, Petitioner testified on her own behalf. Respondent presented the testimony of Virginia Chittick, Economic Services Specialist for the Low Income Energy Assistance Program, and offered Respondent's Exhibit 1, which was received into evidence.
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 June 20, 1981, Petitioner, Laverne A. Nolte, 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 Dade County, Florida, which is a part of the South Cooling Climatic Region for purposes of determining the level of assistance to be given claimants.
Respondent reviewed Petitioner's application, and because she receives government assistance for electricity in the private housing project where she resides, determined that Petitioner lives in a household that is partially vulnerable to the rising cost of cooling energy. This means a governmental entity is partially responsible for paying a portion of her energy bill. According to Department regulations, Nolte was entitled to only $75 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 $238 which falls within acceptable income limitations prescribed by the Department. Except for living in a partially vulnerable household, Nolte was otherwise qualified to receive $290 in total cooling assistance benefits.
Petitioner acknowledged that when her application was filed, she received $12 per month in governmental assistance to offset in part her electric bill. This was subsequently increased to $25 per month in July, 1981. However, she contends this aid is minimal in relation to her actual utility bill, and that it is unfair to cut her cooling assistance benefits to $75 for receiving such a small amount of aid.
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, A Florida Administrative Code.
Rule 10 CER 81-17(3), Florida Administrative Code, specifies the level of assistance for eligible households in Dade County, Florida, where Petitioner resides. For households having one person with countable monthly income not exceeding $250, the level of assistance is $290. Petitioner's income falls within this range.
Rule 10 CER 81-8(2), Florida Administrative Code, provides as follows:
(2) Vulnerability. A household will be considered either not vulnerable, par- tially vulnerable or fully vulnerable to the rising cost of cooling energy. The household must be partially or fully vul-
nerable in order to receive cooling assis- tance. 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 pay- ing 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 responsible to pay only excess utilities or a utility surcharge for cooling energy .
Eligible tenants will receive a percentage of the payment amount of an equivalent fully vulnerable household.
Households not covered by (a) or
(b) above are considered to be fully vulner- able to the rising cost of cooling energy. (Emphasis supplied.)
Accordingly, if Petitioner is only partially responsible for paying the cost of cooling energy because she is a tenant in public or private housing where she must pay only excess utilities or a utility surcharge, she is entitled to only a percentage of the amount she would otherwise be eligible to receive. Because the Rule does not refer to any minimum amount, the receipt of any assistance, no matter how little, invokes its application.
The evidence herein discloses that Nolte resides within a household that is only partially vulnerable to the rising cost of cooling energy. This being so, the initial determination by Respondent that she was entitled to only
$75 in cooling assistance was correct. Accordingly, despite Petitioner's genuine need for assistance, her application must be denied.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the request of Petitioner, Laverne A. Nolte, for
additional cooling assistance be DENIED.
DONE AND ENTERED this 29th day of January, 1982, 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 29th day of January, 1982.
COPIES FURNISHED:
Laverne A. Nolte
1301 Northwest Seventh Street, #212
Miami, Florida 33125
Leonard Helfand, Esquire Suite 1040
401 Northwest Second Avenue Miami, Florida 33128
Docket for Case No: 81-002901
Orders for Case No: 81-002901
