STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BORBALA BATU, )

)

Petitioner, )

)

vs. ) CASE NO. 84-1083L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on April 23, 1984, in Ft. Lauderdale, Florida.

APPEARANCES

For Petitioner: Harold Bravnon, Esquire

District Legal Counsel

201 West Broward Boulevard

Ft. Lauderdale, Florida 33301

For Respondent: Borbala Batu, pro se

(Steven Jaszay, Interpreter) 3100 West Rolling Hills Circle Apartment 310

Davie, Florida 33328

ISSUE

The issue presented for decision herein concerns the appeal by the Respondent Department of Health and Rehabilitative Services' denial of low energy assistance benefits to the Petitioner.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demandor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact.

1. Mrs. Borbala Batu submitted an application for home energy assistance to the Department of Health and Rehabilitative Services on November 26, 1983. (Respondent's Exhibit 1)

   
   

2. On December 22, 1983, Respondent advised Petitioner by letter that in order to determine her eligibility for energy assistance, Petitioner must submit written verification of her income room 551 by providing a statement from that office; verification of cash from relatives or others for November, 1983 by

   providing a statement from the source, all of which must be received by Respondent on or before January 9, 1984. In that directive, Petitioner was further advised that she should call Respondent's Home Energy Unit Payments Worker, Bijan Jamkhu. (Respondent's Exhibit 2)

   
   

3. Petitioner failed to respond to the request for verification of the additional information requested by Respondent and, by letter dated February 8, 1984, Respondent advised Petitioner that her application for assistance under the low income home energy assistance program was being denied pursuant to Sections 409.026 and 409.508, Florida Statutes, and Rules 10C-29.11 and 29.15, Florida Administrative Code. (Respondent's Exhibit 3)

   
   

4. Respondent was able to independently determine that the Petitioner was receiving an amount ranging from $189 to $209 per month in 851 benefits. Upon independently learning of this amount, Respondent confronted Petitioner with that information and Petitioner reluctantly acknowledged that she was receiving benefits in the above amount. Further, Petitioner, through her spokesman, represents that Petitioner suffers from a language barrier and was unable to provide the information as requested by Respondent.

   
   

5. In this regard, an examination of the documentary evidence herein reveals that the Petitioner submitted a completed application in detail and was advised by Respondent in the letter seeking additional information dated December 22, 1983 that Petitioner should call her Home Energy Unit payments Worker respecting her incomplete application. Based thereon, it is factually concluded that the Petitioner was not suffering from a language barrier to the point wherein she was unable to provide the requested information.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearing's has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

   
   

7. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

8. The authority of the Respondent is derived from Chapter 409, Florida Statutes, and Rule Chapter 10C-29, Florida Administrative Code.

   
   

9. An applicant for assistance under the Low Income Home Energy Assistance Program must provide sufficient documentation and verification of income to establish eligibility for assistance under the Low Income Home Energy Assistance Program. Rule 10C-29.11(6), Florida Administrative Code.

   
   

10. Failure to answer or the provision of incomplete answers to questions submitted on an application for assistance under the energy program may be a basis for determination that the applicant is ineligible for assistance and the application will be denied if an applicant fails to submit the application to the Home Energy Unit Payments Worker by the deadline date. Rule 10C-29.15(6), Florida Administrative Code.

    
    

11. Competent and substantial evidence was offered herein to establish that the Petitioner failed to establish that she was eligible for assistance under the Low Income Home Energy Assistance Program. Section 10C-29.11(6), Florida Administrative Code.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, Petitioner's appeal of Respondent's denial of her application for low income' home energy assistance benefits be DENIED.

RECOMMENDED this 24th day of May, 1984, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearings 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 24th day of May, 1984.

COPIES FURNISHED:

Harold Braynon, Esquire District Legal Counsel

201 West Broward Boulevard

Ft. Lauderdale, Florida 33301

Borbala Batu

3100 West Rolling Hills Circle, Apt. 310

Davie, Florida 33328

David Pingree Department of Health &

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 84-001083

Orders for Case No: 84-001083