STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ADELE S. CONOVER, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2207L

) 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 September 21, 1982 at Daytona Beach, Florida.

APPEARANCES

For Petitioner: Adele S. Conover, pro se

49 Cindy Lane

Ponce Inlet, Florida 32019

For Respondent: Frederick J. Simpson, Esquire

District IV Legal Counsel Department of Health and

Rehabilitative Services Post Office Box 2417F Jacksonville, Florida 32231

By letter dated June 7, 1982 Adele Conover, Petitioner, appeals the denial of her application for low income energy assistance benefits for 1982. At the hearing Petitioner testified in her own behalf, one witness was called by Respondent and one exhibit was admitted into evidence. There was no dispute regarding the facts here involved.

FINDINGS OF FACT

1. Adele Conover is a veteran's widow whose regular income consists of a widow's pension of $277 per month and food stamps. She owns her home and is the sole member of her household.

   
   

2. On March 19, 1982 Petitioner submitted an application for benefits under the low-income home energy assistance program. She listed her income as

   $277 from the veteran's widow's pension.

   
   

3. In March 1982 Petitioner was given a part-time job by the Department of Health and Rehabilitative Services as a clerk typist at an hourly rate of pay of

   $3.58. (Exhibit 1)

4. Pay for the work performed at HRS in March was received by Petitioner on April 1, 1982.

   
   

5. Respondent's denial of Petitioner's application for low-income home energy assistance benefits was based upon the salary earned by Petitioner while working for HRS in March 1982. The salary, when added to her unearned income of

   $277, exceeded the $359 per month income limit for eligibility for low-income energy assistance for single member households.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

7. Rule 10C-29.13, Florida Administrative Code, provides criteria for eligibility for the low-income energy assistance program. For a one-member household the maximum income limit for eligibility is $359 per month.

   
   

8. Rule 10C-29.09, Florida Administrative Code, defines income as gross cash received at regular intervals. Earned income is defined as income received from employment, and unearned income as income received for which there is no performance of work. The total income received by household members during the month of application, minus exclusions not here relevant, is included.

   
   

9. The evidence is uncontradicted that during the month of March 1982, which is the month of this application, Petitioner received only the $277 from her widow's pension. The wages she earned for her part-time work was not received until April 1982.

   
   

10. Rule 10C-29.09 is specific that only income received during the month of application is counted in determining eligibility for low income energy assistance benefits. Agencies, like legislatures, are conclusively presumed to have a working knowledge of the English language and when a rule has been drafted in such a manner as to clearly convey a specific meaning, the only proper function of the Hearing Officer is to effectuate this agency intent. Cf. Leadership Housing, Inc. v. Department of Revenue, 366 So.2d 1239 (Fla. 4th DCA 1976). The language of the above-cited rule is clear that eligibility is determined by the income received by the applicant during the month of the application. That income in this case was below the maximum a one-member household can receive and still qualify for low-income energy assistance benefits.

    
    

11. From the foregoing it is concluded that during March 1982 Adele Conover received income of $277 and this is less than the $359 maximum allowed to qualify for low-income energy assistance benefits. It is therefore

RECOMMENDED that the application of Adele S. Conover for low-income energy assistance benefits, as applied for on the application submitted March 19, 1982, be approved.

ENTERED this 29th day of September, 1982, in 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 29th day of September, 1983.

COPIES FURNISHED:

Adele S. Conover

49 Cindy Lane

Ponce Inlet, Florida 32019

Frederick J. Simpson, Esquire District IV Legal Counsel Department of Health and Rehabilitative Services

Post Office Box 2417F Jacksonville, Florida 32231

David H. Pingree Secretary

Department of Health and Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 82-002207

Orders for Case No: 82-002207