STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEBORAH ANN GRIFFIN, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0853L

)

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 appeared on her own behalf.

Respondent was represented by counsel: Maureen McGill, Esquire, District I Legal Counsel, Department of Health and Rehabilitative Services, Post Office Box 12836, Pensacola, Florida 32576.

The question in this case is whether Ms. Griffin's household is eligible for benefits under the Low Income Energy Assistance Program administered by Respondent. Ms. Griffin filed an application for those benefits and the application was denied because Ms. Griffin failed to supply income verification and verification of child support. At hearing the Petitioner presented her own testimony. The Respondent presented the testimony of Leon Taylor.

FINDINGS OF FACT

1. Ms. Griffin, the Petitioner, resides at 208 Dates Avenue, Apartment 1, Fort Walton Beach, Florida. She filed an application for home energy assistance benefits in November, 1983. On that application she indicated income from employment of $280 per month and income from child support of $196.50 per month. The Respondent attempted to contact the petitioner by telephone on November 28, December 1, December 5, and December 6, 1983, but received no answer at the telephone number which Petitioner listed in her application. Therefore on December 6, 1983, Respondent mailed a request for information to the Petitioner, requesting income verification and verification of child support no later than December 21, 1983. Petitioner acknowledges receipt of this request, but admits that she did not supply the requested information by the deadline. Petitioner states that her car was broken down and she was unable to get around in order to gather the necessary verifications.

   
   

2. The Petitioner actually supplied the income verification and child support verification on February 24, 1984. However, her application was denied approximately two months before the information was submitted.

   CONCLUSIONS OF LAW

   
   

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

   
   

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

   
   

5. 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 will be ineligible for assistance and his application will be denied if the applicant does not provide requested information by the deadline date. The subject Rule 10C-29.15(6), Florida Administrative Code, authorizes a written request for information to be mailed to the applicant with a deadline date of ten working days from the date of the request given for response. This deadline date will be extended based upon a timely request for an extension. In the present case, there was no credible evidence presented that Petitioner requested an extension until after she had received notice of the denial. There is no provision in the applicable rules for reconsideration of a denial for the admitted failure to timely file requested information. Because Petitioner did not file an income verification and verification of child support until approximately 60 days after the deadline for supplying this information, it is concluded that the Petitioner has failed to demonstrate eligibility for the benefits.

RECOMMENDATION

Upon consideration of the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that Respondent deny Petitioner's application for benefits under the Low Income Energy Assistance Program.

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 5th day of April, 1984.

COPIES FURNISHED:

Deborah Ann Griffin

208 Dates Avenue Apartment 1

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: 84-000853

Orders for Case No: 84-000853