STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EVA COX, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1352L

)

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 June 23, 1982, in Plant City, Florida.

APPEARANCES

For Petitioner: Eva Cox, pro se

1601 East Alabama Street, Apartment 114 Plant City, Florida 33566

For Respondent: Amelia Park, Esquire

Department of Health and Rehabilitative Services

4000 West Buffalo Avenue Tampa, Florida 33614

On March 11, 1982, Petitioner, Eva Cox, filed a household application for assistance under the Low Income Energy Assistance Program. The application was denied by Respondent, Department of Health and Rehabilitative Services, on the ground Petitioner's monthly countable income exceeded Department income limitations for households having two persons.

Petitioner requested a formal hearing pursuant to Subsection 120.57(1), Florida Statutes, to contest the denial of her application. The matter was referred by Respondent to the Division of Administrative Hearings on May 12, 1982, with a request that a Hearing Officer be assigned to conduct a hearing. By Notice of Hearing dated May 20, 1982, as amended on June 2, 1982, the final hearing was scheduled for June 23, 1982, in Plant City, Florida.

At the final hearing, Petitioner testified on her own behalf. Respondent presented the testimony of Tad Sugarman, unit supervisor for the program, and offered Respondent's Exhibit 1 which was received into evidence. The issue herein is whether Petitioner is entitled to assistance under the Low Income Energy Assistance Program.

Based upon the evidence, the following facts are determined:

FINDINGS OF FACT

1. On March 11, 1982, Petitioner, Eva Cox, filed a household application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Based upon a review of the information submitted by Petitioner, the application was denied by letter dated March 23, 1982, on the ground Cox had an excessive monthly income. A subsequent oral explanation as to the reason for the denial was given Petitioner on May 11, 1982. Thereafter, Petitioner requested an administrative hearing to appeal the decision of the Department.

   
   

2. Petitioner resides in her household with one other person. The total countable monthly income for the household is $548. This amount exceeds the monthly income limitation of $474 for households having two persons. Therefore, Cox was ineligible for assistance.

   
   

3. Applicant did not dispute the Department's determination that her total monthly countable income exceeded acceptable income limitations prescribed by the Department. However, she contended that because of a recent heart attack which has limited her ability to work, she is in need of financial assistance.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

5. Rule 10C-29.13, 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. Because Petitioner's income exceeds this amount, she 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 Eva Cox for energy assistance be

DENIED.

DONE and ENTERED this 2nd day of July, 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 2nd day of July, 1982.

COPIES FURNISHED:

Ms. Eva Cox

1601 East Alabama Street, Apt. 114 Plant City, Florida 33566

Amelia Park, Esquire Department of HRS

4000 West Buffalo Avenue Tampa, Florida 33614

Docket for Case No: 82-001352

Orders for Case No: 82-001352