STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARY F. RANDOLPH, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1229L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

An administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, in Tampa, Florida, on May 14, 1982. The issue for determination at the hearing was whether petitioner is eligible for benefits under the Low-Income Home Energy Assistance Program administered by the respondent pursuant to Section 409.508, Florida Statutes, and Chapter 10C-29, Florida Administrative Code.

APPEARANCES

For Petitioner: Mary F. Randolph

9310 Grandfield Road #A Thonotosassa, Florida 33592

For Respondent: Amelia Park

District VI Legal Counsel

W. T. Edwards Facility 4000 West Buffalo Avenue Tampa, Florida 33614

FINDINGS OF FACT

Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:

1. Petitioner timely submitted her application for home energy assistance and the respondent timely notified her that her application had been denied for the reason that her household income exceeded the limit for her household size.

   
   

2. Petitioner Randolph resides with her fourteen year old daughter and receives Social Security income in the monthly amount of $522.00.

   
   

3. For a household with two persons, the maximum monthly income consistent with eligibility for benefits under the Low-Income Home Energy Assistance Program is $474.00. Rule 10C-29.13(5)(a), Florida Administrative Code.

   
   

4. Petitioner Randolph uses oxygen on a twenty-four hour daily basis, and needs to use air conditioning in her home due to a chronic pulmonary condition.

   This condition, as well as other physical ailments, results in substantial medical bills on a monthly basis.

   
   

   CONCLUSIONS OF LAW

   
   

5. Chapter 10C-29, Florida Administrative Code, prescribes the standards for determining eligibility for assistance under the Low-Income Energy Assistance Program. For households having two persons, the total monthly income, after applicable exclusions, may not exceed $474.00. Rule 10C-29.13, Florida Administrative Code. The petitioner's household monthly income is

$522.00. While petitioner has illustrated that substantial medical bills consume a portion of her $522.00 monthly income, medical expenses are not one of the exclusions from countable income permitted under Rule 10C-29.09(2), Florida Administrative Code. Since petitioner's household income exceeds the $474.00 monthly limit prescribed by Rule 10C-29.13 by some $48.00, she is ineligible to receive energy assistance under the Program.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited above, it is RECOMMENDED that petitioner's application for benefits under the Low-Income Home Energy Assistance Program be DENIED.

Respectfully submitted and entered this 21st day of June, 1982, in Tallahassee, Florida.

DIANE D. TREMOR

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 21st day of June, 1982.

COPIES FURNISHED:

Mary F. Randolph

9310 Grandfield Road #A Thonotosassa, Florida 33592

Amelia Park, Esquire District VI Legal Counsel

W. T. Edwards Facility 4000 West Buffalo Avenue Tampa, Florida 33614

David H. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Blvd.

Tallahassee, Florida 32301

Docket for Case No: 82-001229

Orders for Case No: 82-001229