Judges: D. R. ALEXANDER
Agency: Department of Children and Family Services
Latest Update: May 09, 1984
Summary: Application for low-income assistance denied.
84-0262STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
LOLA MAE JONES, )
)
Petitioner, )
)
vs. ) CASE NO. 84-0262L
)
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 February 14, 1984 in Marianna, Florida.
APPEARANCES
For Petitioner: Lola Mae Jones, pro se
Route 6, Box 334
Marianna, Florida 32446
For Respondent: John L. Pearce, Esquire
2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32603
BACKGROUND
This matter arose when respondent, Department of Health and Rehabilitative Services, issued its denial of an application by petitioner, Lola Mae Jones, for home energy assistance. Thereafter, petitioner requested a formal hearing on January 16, 1984 to contest the denial. The matter was forwarded by respondent to the Division of Administrative Hearings on January 19, 1984 with a request that a Hearing Officer be assigned to conduct a hearing.
By notice of hearing dated February 1, 1984, the final hearing was scheduled for February 9, 1984 in Marianna, Florida. At the request of respondent, the final hearing was rescheduled to February 14, 1984 at the same location.
At the final hearing, petitioner testified on her own behalf. Respondent presented the testimony of Vera Basford, district energy supervisor, and Tom Hamilton, district program analyst, and offered respondent's exhibits 1 - 3; all were received in evidence.
The issue herein is whether petitioner's application for home energy assistance payment should he approved.
Based upon all of the evidence, the following findings of fact are determined:
FINDINGS OF FACT
Petitioner, Lola Mae Jones, filed an application for home energy assistance with respondent, Department of Health and Rehabilitative services, on December 16, 1953. In her application, Jones gave her address as Route 6, Box 334, Marianna, Florida and listed herself, her eleven year old daughter and her mother, Jesse Wynn, as members of the household.
At about the same time, Jessie Wynn also filed an application for home energy assistance giving the same home address as petitioner. The mother's application listed Lola Mae, the eleven year old daughter and petitioner's brother, Otto, as members of the household. Otto, giving a different address, also filed an application which was eventually approved by the Department.
Department regulations provide that only one application per household can be approved. In the event more than one is filed, the earliest application will be approved, assuming that all other eligibility requirements have been met.
Department representatives in Marianna who processed the applications were understandably confused as to who actually lived in the household, and accordingly, sent Lola Mae a "request for information" on December 19, 1983. The request for information contained a deadline date of January 3, 1984 and asked that Lola Mae and Jessie Wynn visit the district office in Marianna as
soon as possible or the application would be denied. Lola Mae's application did not give a telephone number, and therefore the representatives were unable to follow up their request for information with a telephone call.
Because of an argument with her mother, Lola Mae could not get her mother to visit the district office. She did not make any other effort to furnish the requested information until January 16, 1984 when she finally visited the district office. Upon being told she had failed to comply with the January 3 deadline, and that her application was being denied, she initiated the instant proceeding.
Department rules provide that when applications are incomplete, or additional information is required, such information must be furnished within ten working days unless an extension of time is requested by the applicant; otherwise, the application will be denied.
The energy assistance program ended around January 3, 1984. By that time, some 2,170 applications had been processed in Jackson County. All workers who were temporarily hired to process applications were terminated on January 5, 1984.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes.
Rule 10C-29.15(6), Florida Administrative Code, provides as follows:
(6) When questions on the application form are unanswered or incomplete, the worker may request the missing information from the applicant by telephone. When the applicant cannot be reached by telephone or
the worker believes the information cannot be clarified by telephone, a written request
for the information will be mailed to the applicant with a deadline date of ten working days from the date of request given for response. The applicant will be
ineligible for assistance and his application will be denied if the applicant does not contact the worker or provide the information by the deadline date.
Petitioner did not comply with the foregoing rule, and accordingly, it is concluded that the application should be denied.
RECOMMENDATION
Based on the foregoing bindings of fact and conclusions of law, it is RECOMMENDED that the application of Lola Mae Jones for home energy
assistance be DENIED.
DONE and ENTERED this 1st day of March, 1984, 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 1 day of March, 1984.
COPIES FURNISHED:
Lola Mae Jones Route 6, Box 334
Marianna, Florida 32446
John L. Pearce, Esquire
2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303
David Pingree Secretary
Department of Health and Rehabilitative Services
1323 Winewood Blvd.
Tallahassee, Florida 32301
Docket for Case No: 84-000262
Orders for Case No: 84-000262
