STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARTHA L. ABNEY, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0041L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on July 27, 1984, in Brooksville, Florida.

APPEARANCES

For Petitioner: Martha L. Abney, pro se

21352 Lehouier Drive

Brooksville, Florida 33512

For Respondent: James Sawyer Jr., Esquire

District III Legal Counsel

1000 North East 16 Avenue, Building H Gainesville, Florida 32601

ISSUE

The issue presented for decision herein is whether or not the Petitioner is eligible to receive benefits under the Low Income Home Energy Assistance Program.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant factual findings.

1. On November 2, 1983, petitioner, Martha L. Abney, filed an application with Respondent for benefits under the Low Income Home Energy Assistance Program. Her application reflects that unemployment compensation benefits and child support payments were being received. Petitioner's application also revealed that she was a food stamp recipient. Respondent's assigned caseworker who processed Petitioner's claim attempted to obtain verification of Petitioner's income through the Food Stamp Case Record. That record did not show that there was any income in Petitioner's household for unemployment.

   Being unable to verify that income, Respondent's agent sent a notice requesting verification of the unemployment compensation to Petitioner on November 4, 1983.

   The date of November 18, 1983 was listed as the date that information needed to be forwarded back from Petitioner to Respondent. In that notice, Petitioner was warned that her application for Program Benefits would be denied if that verification was not provided. Petitioner did not respond by the requested date, i.e., November 18, 1983, and on November 21, 1983, Respondent's agent denied Petitioner's application for Program Benefits.

   
   

2. On December 19, 1983, Petitioner visited the Respondent's office concerning her denial of Program Benefits and related that she had never received the notice requesting the verification of her unemployment compensation benefits.

   
   

3. Petitioner complained during her December 19, 1983 visit to Respondent's office that she never received the notice requesting verification of income; however, she admits that she received the denial notice. In this regard, it was noted that the letter requesting verification of Petitioner's unemployment compensation and the denial letter were both addressed to the same address. Further, in this regard, it was noted that the Petitioner, during the hearing herein, admits that it was "possible" that she, in fact, received the notice requesting verification of her unemployment compensation benefits but that she could have mistakenly forwarded that requested information to the Unemployment Compensation Claims Office, an office apparently housed in the same building as the Respondent's local office.

   
   

4. When Petitioner visited Respondent's office on December 19, 1983, she was given verification of her income by the Unemployment Claims Supervisor and that verification reveals that the Petitioner is entitled to three weeks of compensation on her unemployment claim at the rate of $69 per week. (Respondent's Exhibit 1)

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

   
   

6. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

7. The authority of the Respondent is derived from Chapter 409, Florida Statutes, and Rule Chapter 10C, Florida Administrative Code.

   
   

8. The Respondent is designated as the state agency responsible for administering federal home energy assistance benefits under that program as provided for in Title III, Public Law 96-223. Respondent is authorized to provide home energy assistance benefits to eligible households. Section 409.508(2), Florida Statutes.

   
   

9. In determining eligibility and the level of assistance for benefits under the Home Energy Assistance Program, Respondent must consider all income of household members. Section 10C-29.13(1), Florida Administrative Code.

   
   

10. Based on Petitioner's failure to provide Respondent with the requested income verification by the deadline date, Respondent properly denied her application for benefits under the Home Energy Assistance Program. Section 10C- 29.15(6), Florida Administrative Code.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent enter a Final Order denying Petitioner's application for benefits under the Home Energy Assistance Program.

RECOMMENDED this 7th day of September, 1984, in Tallahassee, Florida.

JAMES E. BRADWELL, 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 7th day of September, 1984.

COPIES FURNISHED:

James Sawyer, Jr., Esquire District III Legal Counsel

1000 North East 16 Avenue, Building H Gainesville, Fl. 32601

Martha L. Abney 21352 Lehouier Drive

Brooksville, Florida 33512

David Pingree Secretary

Department of Health and Rehabilitative Services

1323 Winewood Blvd.

Tallahassee, Florida 32301

Docket for Case No: 84-000041

Orders for Case No: 84-000041