Judges: JAMES E. BRADWELL
Agency: Department of Children and Family Services
Latest Update: Aug. 21, 1985
Summary: The issue presented for decision herein is whether or not the Petitioner, Kathryn A. Entress, is eligible for benefits under the Low Income Home Energy Assistance Program.Petitioner ineligible for low income energy assistance because Petitioner makes too much money.
85-0975
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
KATHRYN A. ENTRESS, )
)
Petitioner, )
)
vs. ) CASE NO. 85-0975L
)
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 May 29, 1985, in Ft. Lauderdale, Florida.
APPEARANCES
For Petitioner: Kathryn A. Entress
No Appearance 1/
For Respondent: Harold L. Braynon, Esquire
Department of Health and Rehabilitative Services
District Legal Counsel
201 West Broward Boulevard
Ft. Lauderdale, Florida 33301 ISSUE
The issue presented for decision herein is whether or not the Petitioner, Kathryn A. Entress, is eligible for benefits under the Low Income Home Energy Assistance Program.
FINDINGS OF FACT
Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant factual findings.
On November 27, 1984, Petitioner filed an application for assistance and benefits under the Low Income Home Energy Assistance Program (LEAP). Her application was timely reviewed by Linda Peterson, an analyst with the Respondent who is involved with the processing of applications received under the LEAP program. (Respondent's Composite Exhibit 1) Petitioner's application revealed that she received $435 during the month of November 1984, the month of her application for benefits under the LEAP program.
By written notice dated February 6, 1985, Petitioner was advised that her application for assistance under the LEAP program was denied in accordance witch Chapter 409.026 and .508, Florida Statutes, and Rules 10C- 29.05, .09 and .13, Florida Administrative Code. Specifically, she was advised that her gross cash income received was $435 and that the maximum monthly income limit for her household during the month of application was $415.
As stated, Petitioner, or a representative on her behalf, did not appear at the hearing.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.
The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.
The authority of the Respondent, Department of Health and Rehabilitative Services, is derived from Chapter 409, Florida Statutes.
To implement Chapter 409, Florida Statutes, Respondent has promulgated Rule Chapter 10C-29, Florida Administrative Code. Section 10C-29.09(1), Florida Administrative Code, provides in pertinent part that the total income received by household members during the month of application minus exclusions specified (not pertinent
herein) is counted. Competent and substantial evidence was offered herein to establish that the Petitioner's income of
$435 exceeded the income limit for a household of her size. Chapter 409.026 and .508, Florida Statutes, and Rules 10C- 29.05, .09 and .13, Florida Administrative Code.
RECOMMENDATION
Based upon the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent, Department of Health and Rehabilitative Services, enter a final order denying Petitioner's application for assistance under the Low Income Home Energy Assistance Program.
RECOMMENDED this 28th day of June, 1985, in Tallahassee, Florida.
JAMES E. BRADWELL
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 28th day of June, 1985.
ENDNOTES
1/ Although properly noticed, the Petitioner, or a representative on her behalf, did not appear at the hearing.
COPIES FURNISHED:
Kathryn A. Entress 11201 SW 55 Street
Miramar, Fla. 33025 Harold L. Braynon, Esquire
Department of Health and Rehabilitative Services
District Legal Counsel
201 W. Broward Blvd.
Ft. Lauderdale, Fla. 33301
David Pingree Secretary
Department of Health and Rehabilitative Services
1323 Winewood Blvd.
Tallahassee, Fla. 32301
Docket for Case No: 85-000975
Orders for Case No: 85-000975
| Issue Date |
Document |
Summary |
|
Aug. 14, 1985 |
Agency Final Order
|
|
|
Jun. 28, 1985 |
Recommended Order
|
Petitioner ineligible for low income energy assistance because Petitioner makes too much money.
|
