STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ERWIN V. KUNZ, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1106L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal hearing in this case on July 7, 1982, in Ocala, Florida. The Petitioner submitted post-hearing material on July 14, 1982, but this was supplemental evidence, not proposed findings of fact and conclusions of law, and it does not affect the facts set forth below.

APPEARANCES

For Petitioner: Erwin V. Kunz, in pro per

476 Spring Drive Ocala, Florida 32672

For Respondent: Joseph E. Hodges, Esquire

2002 North West 13th Street Gainesville, Florida 32601

On March 16, 1982, the Petitioner, Erwin V. Kunz, filed a household application seeking assistance for himself and his wife under the Low Income Home Energy Assistance Program. This application was denied by the Respondent, Department of Health and Rehabilitative Services, because the Petitioner's monthly countable income exceeded the prescribed income limitations for households having two persons.

The Petitioner requested a formal hearing pursuant to Subsection 120.57(1), Florida Statutes, to contest the denial of his application. The matter was referred by the Respondent to the Division of Administrative Hearings' on April 20, 1982, with a request for the assignment of a Hearing Officer to conduct a hearing. By Notice of Hearing dated April 27, 1982, as amended on May 18, 1982, the final hearing was scheduled for June 7, 1982, in Ocala, Florida. At this hearing, the Petitioner testified in his own behalf. The Respondent presented no witnesses, but requested that official notice be taken of the applicable statutes and rules. This request was granted.

The issue presented is whether the Petitioner is entitled to any monetary relief under the Low Income Home Energy Assistance Program.

FINDINGS OF FACT

1. On March 16, 1982, the Petitioner, Erwin V. Kunz, filed a household application for financial assistance under the Low Income Home Energy Assistance Program. After its review of this application, the Department of Health and Rehabilitative Services advised the Petitioner of its denial on the ground that he and his wife have more than the prescribed monthly income to be eligible.

   
   

2. The Petitioner resides with his wife in their household in Ocala. Their total countable monthly income is $498.47 which is paid by the Social Security Administration. This amount exceeds the monthly income limitation of

   $474.00 for households having two persons. Therefore, the Petitioner is ineligible for assistance.

   
   

3. The Petitioner does not dispute the Department's determination that his total monthly countable income exceeds the acceptable income limitations prescribed by the Department. However, he contends that because of high utility bills, and other recurring costs, he is in need of assistance to meet his financial burdens. Unfortunately, only countable income received during the month of the application is relevant in determining eligibility for benefits.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction of the parties to and the subject matter of this proceeding pursuant to Subsection 120.57(1), Florida Statutes.

   
   

5. Section 10C-29.13(5),Florida Administrative Code, prescribes the criteria for determination of eligibility of applicants. For households having two persons, the countable monthly income may not exceed $474.00. Because the Petitioner's household income exceeds this amount, he is ineligible for assistance. Therefore, the application must be denied.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Erwin V. Kunz for energy assistance be

denied.

THIS RECOMMENDED ORDER entered on this 16th day of July, 1982, in Tallahassee, Florida.

WILLIAM B. THOMAS, 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 16th day of July, 1982.

COPIES FURNISHED:

Mr. Erwin V. Kunz

476 Spring Drive Ocala, Florida 32672

Joseph E. Hodges, Esquire 2002 North West 13th Street Gainesville, Florida 32601

Susan B. Kirkland, Esquire Department of Health and Rehabilitative Services Building 1, Room 406

1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 82-001106

Orders for Case No: 82-001106