STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LILLIE M. LEWIS, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1393L

) STATE OF FLORIDA, DEPARTMENT OF ) HEALTH AND REHABILITATIVE )

SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on July 14, 1982, at Tampa, Florida.

APPEARANCES

For Petitioner: Lillie M. Lewis, pro se

4246 Reuben Court, #63

Tampa, Florida 33616

For Respondent: Amelia Park, Esquire

Department of Health and Rehabilitative Services

4000 Buffalo Avenue

W. T. Edwards Facility Tampa, Florida 33614

By letter dated 10 May 1982 Lillie M. Lewis, Petitioner, seeks to contest the denial of her application for Low-Income Home Energy Assistance by the Department of Health and Rehabilitative Services, Respondent.

At the hearing Petitioner testified in her own behalf; one witness was called by Respondent; and one exhibit, Petitioner's Application for Home Energy Assistance, was admitted into evidence. There was no dispute as to the relevant facts.

FINDINGS OF FACT

1. Petitioner is a single parent and the head of a household comprising herself and her two children.

   
   

2. In her application, Exhibit 1, Petitioner lists her monthly income at

   $800. The accuracy of this figure was not contested at the hearing.

   
   

3. Based upon this income Respondent determined Petitioner was not eligible for Low-Income Home Energy Assistance and denied her application.

4. Petitioner does not contend that she was unfairly discriminated against or that Respondent failed to comply with the regulations determining eligibility for Low-income Energy Assistance payments. Petitioner's sole argument is that because she works to support her family she is denied these payments, while others who are too indolent to work are given these payments from the taxes Petitioner pays.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

6. Rule 10C-29.05, Florida Administrative Code, defines "household" which includes a unit such as Petitioner and her two children.

   
   

7. Rule 10C-29.09(2)(d), Florida Administrative Code, provides that 20 percent of gross earned income of the applicant is excluded from consideration in determining eligibility from low-income home energy payments.

   
   

8. Rule 10C-29.13(5)(a), Florida Administrative Code, establishes the monthly income limit for a three-person household to be $589. Eighty percent of Petitioner's monthly gross income of $800 is $640. This is the sum reached by excluding 20 percent of Petitioner's gross income ($800 - [.20 x 800 160] =

   $640).

   
   

9. In evaluating Petitioner's application Respondent complied with the rules above cited and properly determined Petitioner was not eligible for Low- Income Home Energy Assistance payments. Petitioner's objection goes to the eligibility requirements established by the federal and state governments and these requirements are not subject to collateral attack in these proceedings.

   
   

10. From the foregoing it is concluded that Lillie M. Lewis does not qualify for the Low-Income Home Energy Assistance program because her monthly income is above the cutoff limits for this program. It is, therefore,

RECOMMENDED that this appeal be dismissed.

ENTERED this 2nd day of August, 1982, at Tallahassee, Florida.

K. N. AYERS, 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 August, 1982.

COPIES FURNISHED:

Lillie M. Lewis

4246 Reuben Court, #63

Tampa, Florida 33616

Amelia Park, Esquire Department of Health and

Rehabilitative Services

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

David H. Pingree, Secretary Department of Health and

Rehabilitative Services 1321 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 82-001393

Orders for Case No: 82-001393