The Issue Two issues are potentially raised in this cause, as follow: Did the Petitioner made a timely application? Did the Petitioner's income exceed the established limits of eligibility?
Findings Of Fact The Petitioner, Nathaniel Ali, made an application for low income home energy assistance, which was stipulated by the parties to have been timely received by the Department of Health and Rehabilitative Services. However, the Petitioner did not verify his income as required, which resulted in the Department's letter to him dated January 5, 1983, requesting verification of his income. This letter established a suspense date of January 17, 1983, for response. It stated that in the event no response was forthcoming by said date the application would be denied. The Petitioner testified that he did not receive the Department's letter of January 5, 1983. His testimony is found to be credible in this regard. The Petitioner produced evidence of his income for the 30 days preceding his application. His records reflected that he received $99.66 as income from his position as a student assistant and $500 from his income as a construction worker over The Christmas break. His total income for the 30 days prior to his application was $599.66.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is that the application of the Petitioner, Nathaniel Ali, be approved and that he receive low income home energy assistance. DONE and RECOMMENDED this 16th day of August, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of August, 1983. COPIES FURNISHED: Mr. Nathaniel Ali 2506 Stroud Avenue, 207 Tampa, Florida 33609 Janice Sortor, Esquire Department of Health and Rehabilitative Services 4000 West Buffalo Avenue Tampa, Florida 33614 David H. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 323017
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980) Home Energy Assistance Program; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner Mildred Moorer requested a hearing by a letter received in the office of Respondent on March 16, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner failed to appear at the scheduled hearing. On January 30, 1981 Moorer, a black female, filed a Household Application for low income energy assistance. No one in her household is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives with four (4) other persons, receives food stamps and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 25, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the maximum income for a household of her size. The action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. Petitioner failed to appear although she had more than 14 days' written notice of hearing. Respondent presented evidence (Respondent's Composite Exhibit 1) which showed that Petitioner had a total gross household monthly income of $784.00. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code and the applicable chart Petitioner Moorer's household income exceeds the income limit of $723.00 for a household of five (5) persons.
Recommendation Based on the foregoing findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be denied Petitioner. DONE and ORDERED this 13th day of May, 1981, in Tallahassee, Leon County, Florida DELPHENE C. STRICKLAND 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 13th day of May, 1981. COPIES FURNISHED: Ms. Mildred Moorer 830 NW 43rd Street Miami, Florida 33127 Leonard Helfand, Esquire Department of HRS Room 1040, Rhode Building 401 NW Second Avenue Miami, Florida 33128 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, Florida Administrative Code.
Findings Of Fact Petitioner Bertha Mae Flynn requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 23, 1981 Flynn, a black female who lives with two other people, filed a Household Application for low income energy assistance. She was notified that the application must be accompanied by a Medical Certification for Cooling, and she was requested to submit the certificate that had been forwarded to her. No medical certificate was filed. She did not have the required medical certificate with her at the hearing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioner. DONE and ORDERED this 11th day of December, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 11th day of December, 1981. COPIES FURNISHED: Ms. Bertha Mae Flynn 3060 North 15th Avenue Pensacola, Florida 32503 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576 David H. Pingree, Secretary Attn: Susan B. Kirkland, squire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Chapter 80-167, Laws of Florida, Energy Research and Development Task Force; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner Bernice Miller requested a hearing by a letter received in the office of Respondent on March 16, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner failed to appear at the first hearing scheduled hut appeared at the second hearing. On January 19, 1981 Miller, a black female, filed a Household Application for low income energy assistance. No one in her household is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives with two (2) other persons and receives a bill for use of electricity. By Notice of Application Denial mailed February 18, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the maximum income for a household of her size. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but was convinced the income limit by household size was unfair. She stated she received a bill for electricity for her freezer and air conditioner. Respondent presented evidence (Respondent's Composite Exhibit 1) which shows that Petitioner lives in a housing project which heats by gas from a central heat unit. Petitioner is not financially affected by the rising cost of energy pursuant to Rule 10 CER 80-11.04, Eligibility Factors Other Than Income, Florida Administrative Code. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Miller's household income exceeds the income limit of $519.00 for a household of three (3) persons.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing' Officer recommends that low income energy benefits be denied Petitioner. DONE and ORDERED this 4th day of May, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 4th day of May, 1981. COPIES FURNISHED: Ms. Bernice Miller 4229 Moncrief Road, West - Apt. 26 Jacksonville, Florida 32209 Paul C. Doyle, Esquire Department of HRS 5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioners Dorothy and Willie Taylor, who live with three (3) other persons, filed a Household Application for low income energy assistance. On July 21, 1981 they were reminded to send in a Medical Certification for Cooling (Form 137, May '81) by August 4, 1981 so that their eligibility for benefits could be determined. No medical statement form was submitted by Petitioners. Thereafter, on August 28, 1981, they were notified that their application was denied for the reason that the required information to show eligibility for benefits had not been submitted. Petitioner did not dispute the evidence and testimony presented by Respondent but offered as evidence a signed Medical Certification for Cooling showing that Petitioners were not in need of cooling for a medical condition which requires controlled temperature to prevent adverse effects which would be life-threatening.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioners. DONE and ORDERED this 3rd day of February, 1982, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 3rd day of January, 1982. COPIES FURNISHED: Mr. and Mrs. Willie Taylor David H. Pingree, Secretary 952 North 46th Avenue Attn: Susan B. Kirkland, Esquire Pensacola, Florida 32546 Department of HRS Building One, Room 406 Jon W. Searcy, Esquire 1323 Winewood Boulevard Department of HRS Tallahassee, Florida 32301 160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980) Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, Florida Administrative Code.
Findings Of Fact Petitioner Ruby P. Hutchinson requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 23, 1981, Hutchinson, who lives alone, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. By Notice of Application Denial Petitioner was informed that she was denied assistance for the reason that her monthly household income exceeded the maximum income limits for a household of her size. The action was taken within 45 days of Petitioner's application and she was promptly notified of the reason for denial of benefit. Petitioner did not dispute the evidence presented by Respondent Department but felt that assistance should have been based on need. Hutchinson's monthly household income during the month of her application was $352.30.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioner. DONE and ORDERED this 15th day of December, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 15th day of December, 1981 in Tallahassee, Florida. COPIES FURNISHED: Ruby P. Hutchinson 1715 North Combee Road Lakeland, Florida 33805 Anthony N. DeLuccia, Jr., Esquire Department of HRS 8800 Cleveland Avenue, South Post Office Box 06085 Fort Myers, Florida 33907 David H. Pingree, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner Christie Neilsen requested a hearing by a letter written on March 25, 1981. After the required informal conference with a supervisor in respondent Department Petitioner requested a formal hearing. On January 15, 1981 Neilsen, a white male, filed a Household Application for low in home energy assistance. No one in his household is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives with his wife and receives a bill for use of kerosene for heating. By Notice of Application Denial mailed February 10, 1981 Petitioner was informed that he was denied assistance for the reason that his monthly income exceeded the maximum income for a household of his size. The action was taken by Respondent within 45 days of the application, and Petitioner was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but was convinced the income limit by household size was unfair, especially since the price of fuel has increased. Under Rule 10 CER 80-11.D7, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Neilsen's household income exceeds the income limit of $418.00 for a household of two (2) persons.
Recommendation Based on the foregoing findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be denied Petitioner. DONE and ORDERED this 13th day of May, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 13th day of May, 1981. COPIES FURNISHED: Mr. Christie Neilsen 1136 Winthrop Street Jacksonville, Florida 32206 Leo J. Stellwagen, Esquire Department of HRS 5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Alvin J. Taylor, Secretary Attn: Susan B Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Andrew J. McAlexander requested a hearing and, after the required informal conference with a supervisor in the Respondent Department, requested a formal hearing. On June 16, 1981 McAlexander, a white male who lives with one (1) other person, filed a Household Application for low income energy assistance together with the required Medical Certification for Cooling. By Notice of Application Denial dated July 10, 1981 Petitioner was informed that he was denied assistance for the reason that his monthly household income exceeded the maximum income limits for a household of his size. The action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but felt that assistance should have been based on need. Petitioner McAlexander's monthly household income during the month of his application was $572.40.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioner. DONE and ORDERED his 15th day of December, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 15TH day of December, 1981. COPIES FURNISHED: Mr. Andrew J. McAlexander 1130 North Davis Avenue Lakeland, Florida 33805 Anthony N. DeLuccia, Jr., Esquire Department of HRS 8800 Cleveland Avenue, South Post Office Box 06085 Fort Myers, Florida 33907 David H. Pingree, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
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.
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.
The 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 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. 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. 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.
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
