STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ELAINE DENEGAL, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0837L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

The application of Elaine Denegal for benefits under the Low Income Home Energy Assistance Program was noticed for a hearing to be held on March 29, 1984, in Inverness, Florida.

APPEARANCES

For Petitioner: Elaine Denegal, in pro per

12498 Southeast 95th Terrace Belleview, Florida 32620

For Respondent: James A. Sawyer, Jr., Esquire

District Legal Counsel

1000 Northeast 16th Avenue, Building H Gainesville, Florida 32601

This matter was scheduled for formal administrative hearing on the issue of the applicant's eligibility to receive Low Income Home Energy Assistance Program benefits. Prior to the hearing, the Department issued to the Petitioner a check for $146.00 in payment for benefits determined to be due the Petitioner pursuant to her application. Thus, the Department has admitted that the Petitioner is eligible for Low Income Home Energy Assistance Program benefits, and there remains nothing further to be formally resolved on the issue as noticed.

Nevertheless, the Petitioner has questioned the amount of the benefit check she received, contending that it should have been greater.

FINDINGS OF FACT

The Department has stipulated to the facts as set forth on the Application filed by the Petitioner on November 2, 1983. These include the following:

1. The Petitioner, Elaine Denegal filed an application for Low Income Home Energy Assistance on November 2, 1983. This application showed the Petitioner's household to consist of six members including herself, all of whom resided in

   Belleview, Florida. The Petitioner had monthly income of $231.00 from her benefits under the Aid to Families with Dependent Children program. No other family member had income. The source of heat in the Petitioner's home was electricity.

   
   

2. The amount of Low Income Home Energy Assistance benefits paid to the Petitioner was calculated by subtracting one from the household size (six), and multiplying the balance (five) by $25.00; by subtracting this amount ($125.00) from the gross household income ($231.00); and by using the remaining income ($106.00) to obtain the payment level for households in climatic region 3 when electricity is the household heat source.

   
   

3. By means of this method, the Department found that benefits in the amount of $146.00 were due the Petitioner, and a check for this amount was issued to the Petitioner.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

5. The levels of assistance under the Low Income Home Energy Assistance program are set forth in Section 10C-29.19, Florida Administrative Code. Subsection (1) of this Rule provides that the amounts of assistance will be determined based on the funds available and the number of eligible households. Thus, the level of assistance cannot be determined until the number of eligible households in the various factor groups has been determined through the application process.

   
   

6. Subsection (4) of Rule 10C-29.19 contains various tables which list the maximum levels of assistance for eligible households. This Rule provides in part:

   
   

   (4) The maximum levels of assistance for eligible households are contained in these tables. The actual levels of assistance will be determined after most of the applications are processed based on the amount of funds available for assistance. (emphasis added)

   
   

7. Thus, while Rule 10C-29.19, Florida Administrative Code, sets forth the maximum benefits payable to eligible households according to income, climatic regions, and type of heating fuel, the actual benefits are calculated after the applications are processed, based on the amount of funds available. There has not been demonstrated that the $146.00 determined by the Department to be due the Petitioner, and paid to her, was not calculated correctly.

   
   

8. Since the Petitioner's eligibility has been stipulated to by the Department, and this was the only issue noticed to be heard and considered at the hearing, the Petitioner's application has already been granted and approved by the Department, and this proceeding should be dismissed as moot.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the Department enter its Final Order dismissing the application of Elaine Denegal for the reason that benefits payable to her under the Low Income Home Energy Assistance program have been paid.

THIS RECOMMENDED ORDER entered this 20th day of April, 1984, in Tallahassee, Florida.

WILLIAM B. THOMAS

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 20th day of April, 1984.

COPIES FURNISHED:

Elaine Denegal

12498 Southeast 95th Terrace Belleview, Florida 32620

James A. Sawyer, Jr., Esquire District Legal Counsel

1000 Northeast 16th Avenue Building H

Gainesville, Florida 32601

David Pingree, Secretary Department of HRS

1323 Winewood Boulevard

Tallahassee, Florida 32301

Alicia Jacobs, General Counsel

Department of HRS 1323 Winewood Blvd.

Tallahassee, Florida 32301

Docket for Case No: 84-000837

Orders for Case No: 84-000837