STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NATHANIEL WILLIAMS, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0852L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Fort Walton Beach, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Diane K. Kiesling, on April 3, 1984. Petitioner was represented by his wife and co-applicant, Mrs. Nathaniel Williams. Respondent was represented by counsel: Maureen McGill, Esquire, Department of Health and Rehabilitative Services, District I Legal Counsel, Post Office Box 12836, Pensacola, Florida 32576.

The question in this case is whether Mr. Williams' household is eligible for benefits under the Low Income Energy Assistance Program administered by Respondent. Petitioner filed an application for those benefits and the application was denied because the Petitioner allegedly failed to provide income verification within a specified time period. Petitioner maintains that the request for income verification was never received. At the hearing the Petitioner presented the testimony of Mrs. Nathaniel Williams and two exhibits which were admitted into evidence. Respondent presented the testimony of Leon Taylor and three exhibits, all of which were admitted into evidence.

FINDINGS OF FACT

1. The Petitioner completed an application for home energy assistance benefits in mid-November, 1983. The application was not submitted to the Respondent until December 12, 1983, but the information contained in the application was correct as of the date the Petitioner signed it, November 10, 1983. Shortly after completing the application, the petitioner was laid-off from his employment with McDowell Concrete. Specifically, Petitioner was unemployed from the end of November until the end of January, 1984. In December, 1983 Petitioner applied for and received food stamps and he began receiving unemployment benefits. On December 22, 1983, Respondent mailed a letter to Petitioner requesting income verification. However, the Petitioner and his family went out-of-state for the Christmas Holidays, departing approximately December 23, 1983 and returning approximately December 31, 1983.

   During this time period, mail was delivered to Petitioner's residence and was allowed to accumulate in the mailbox. Petitioner denies ever having received the letter which was admitted as Respondent's Exhibit 1. Additionally, Respondent presented evidence that the usual practice of the agency is to mail such letters in envelopes with returned addresses, but Respondent was unable to present any direct evidence that the letter requesting income verification was ever actually mailed to Petitioner.

   
   

2. The HRS worksheet which was submitted with the Petition for Hearing further fails to indicate any other attempts to contact the Petitioner prior to denial of benefits. In fact, the HRS office in Fort Walton Beach, which accepted the application from Petitioner, was only a temporary office and was closed on December 23, 1983.

   
   

3. Because Petitioner did not supply income verification by January 5, 1984, his application was denied. Petitioner was notified of the denial in February, 1984, and immediately wrote to the Respondent, questioning the denial. See Respondent's Exhibit 2.

   
   

4. The income verification which Respondent sought had in fact been supplied to another office of Respondent in December, 1983, when Petitioner's household qualified for food stamps. As indicated on the application, the Petitioner authorized the Respondent to use the records from any other HRS program to determine eligibility for home energy assistance. Had Respondent checked its computer prior to denying this benefit, Respondent would have determined that the Williams household was eligible for home energy assistance based on a zero income for a family of four.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

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

   
   

7. The Department of Health and Rehabilitative Services (HRS) is charged with administration of the Low Income Energy Assistance Program pursuant to Section 409.508, Florida Statutes. Pursuant to the rules promulgated for this program, an applicant has ten working days to contact the Respondent in order to provide the requested information. Rule 10C-29.15(6), Florida Administrative Code. However, in this case there is ample evidence to support a conclusion that the request for income verification, Respondent's Exhibit 1, was not received by the Petitioner. It is therefore concluded that Petitioner never received the request for information allegedly mailed on December 22, 1983. Therefore, through no fault of the Petitioner, income verification was not provided to the Low Income Energy Assistance Program. However, it is noted that that information had been furnished to the Respondent through its food stamp program prior to the denial of benefits. It is obvious that Petitioner would not have been denied these benefits if the information request had been received because Petitioner could have simply referred Respondent to its food stamp program records for the verification. It is uncontroverted that Petitioner's household is eligible for the benefits and it is concluded that the benefits were denied through no fault of the Petitioner.

RECOMMENDATION

Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence in the record, and the candor and demeanor of the witnesses, it is, hereby

RECOMMENDED that Petitioner, Nathaniel Williams, be declared eligible for participation in the Low Income Energy Assistance Program and that the appropriate benefits for which he is financially entitled be awarded to him.

DONE and ENTERED this 5th day of April, 1984, in Tallahassee, Leon County, Florida.

DIANE K. KIESLING

Hearing Officer

Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee, Florida 32301 904/488-9675

Filed with the Clerk of the Division of Administrative Hearings this 5 day of April, 1984.

COPIES FURNISHED:

Nathaniel Williams

116 Shell Avenue

Fort Walton Beach, Florida 32548

Maureen McGill, Esquire District I Legal Counsel Department of Health and

Rehabilitative Services Post Office Box 12836 Pensacola, Florida 32576

David H. Pingree, Secretary Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 84-000852

Orders for Case No: 84-000852