STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BEVERLY R. COLLINS, )

)

Petitioner, )

)

vs. ) CASE NO. 84-1082L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard on July 26, 1984, by R. L. Caleen, Jr., hearing officer with the Division of Administrative Hearings, in Sanford, Florida. Petitioner did not attend. Respondent was represented by Gary Clark, Esquire, 400 West Robinson Street, Suite 912, Orlando, Florida.

ISSUE

Whether Petitioner's application for Low-Income Home Energy Assistance should be granted, or denied in accordance with Respondent's Notice of Denial.

FINDINGS OF FACT

1. On November 3, 1983, Beverly R. Collins (Petitioner) filed a "Household Application for Home Energy Assistance" with Respondent, Department of Health and Rehabilitative Services (HRS). The application was incomplete. HRS mailed a notice to Petitioner that additional information must be supplied within 10 days, or additional time requested. The additional information was not forthcoming and no additional time was requested. By notice dated February 10, 1984, HRS informed Petitioner that the application would be denied for failure to timely provide the requested information.

   
   

2. By letter dated March 26, 1984, Petitioner requested a hearing asserting that--due to misdelivery of mail--she had not timely received HRS' request for additional information. This case was transferred to the Division of Administrative Hearings for assignment of a hearing officer, and subsequently set to be heard on July 26, 1984. A copy of the notice of hearing was mailed to Petitioner at the address indicated on her request for hearing, and was not returned for lack of delivery.

   
   

3. Petitioner did not attend the hearing. Nor was she represented by counsel. She made no request for a postponement, and no excuse for her absence has been presented.

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. 120.57(1), Florida Statutes (1983).

   
   

5. Petitioner has applied for Low Income Home Energy Assistance pursuant to Sections 409.026 and 409.508, and Rules 10C-29.11 and 29.15, Florida Administrative Code.

   
   

6. In Section 120.57(1) proceedings, applicants have the burden of establishing their entitlement to the requested relief. Florida Department of Transportation v. J. W. C. Company, Inc., 396 So.2d 778 (Fla. 1st DCA 1981). Here, Petitioner, have presenting no evidence, failed to sustain her burden. Her application must, therefore, be denied on the grounds asserted in HRS' notice of denial.

RECOMMENDATION

Accordingly, it is RECOMMENDED:

That Petitioner's application for Low Income Home Energy Assistance be denied.

DONE and ENTERED this 2nd day of August, 1984, in Tallahassee, Florida.

R.L. CALEEN 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 2nd day of August, 1984.

COPIES FURNISHED:

Gary Clark, Esquire

400 West Robinson St., Suite 912 Orlando, Florida 32801

Beverly R. Collins

1013 West 3rd St., Apt. B Sanford, Florida 32771

Docket for Case No: 84-001082

Orders for Case No: 84-001082