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 Mary Beth Hines requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 17, 1981 Hines, a white female who lives alone, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. By Notice of Application Denial dated July 9, 1981 Petitioner was informed that she was denied assistance for the reason that she failed to furnish income verification within ten (10) days as requested by Respondent on June 22, 1981. Petitioner Hines suffers from a heart condition which has left her almost immobile and which renders her hearing deficient and her speech difficult to understand. She requires the services of a homemaker provided through the county homemaker service and, because of low income, receives food stamps. Respondent Department can and, in most cases heard by this Hearing Officer, has verified income through the easily accessible computerized lists of food stamp recipients. Respondent failed to verify Petitioner's income through the food stamp lists but made a written request for Petitioner to verify her income. Petitioner failed to reply to the request and was denied benefits within fifteen (15) days of the request. Verification showing Petitioner is eligible for benefits was furnished before July 31, 1981, as shown by Respondent's Exhibit 1. The homemaker who cares for Petitioner Hines was called as a witness by Petitioner. This witness has many other persons she serves and stated that she could not return the requested information to Respondent Department within the specified time limit, but that she furnished it as soon as she could. Petitioner lives alone and has no one else to care for her or help her with her business affairs.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a Final Order be entered far by the Respondent Department of Health and Rehabilitative Services granting low income energy benefits to Petitioner. DONE and ORDERED this 4th 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 COPIES FURNISHED: Ms. Mary Beth Hines Route 2, Box 627 Old Town, Florida 32680 Joseph E. Hodges, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Center Gainesville, Florida 32601 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), clone Energy Assistance Program; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Ruled 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner Phyllis Benson requested a hearing by a letter received in the office of Respondent on March 30, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On February 10, 1981 Benson, 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 one other person, receives food stamps and receives a bill for the use of electricity for heating. By Notice of Application Denial mailed February 23, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the maximum income limit 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 her benefits. Petitioner did not dispute the evidence presented by Respondent Department. but was convinced tic income limit by household size was unfair, particularly since part of her income was for overtime work and the cost of living has increased. Petitioner Benson's gross monthly household income is $545.69. Her gross monthly income without the amount she earned as overtime is $460.11.
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 2nd day of June, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer on of Administrative Hearings The Oakland Building 200 Apalachee Parkway Tallahassee, Florida 32301 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of June, 1981. COPIES FURNISHED: Ms. Phyllis Benson 3836 Nancy Street Jacksonville, Florida 32209 Leo J. Stellwagen, Esquire Department of HRS 5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Alvin J. Taylor, Secretary Attn: Susan H. 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 John Banyas requested a hearing by a letter received in the office of Respondent on July 21, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On June 19, 1981 Banyas, a white male, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. He lives alone and receives food stamps, and is not a migrant or migrant farm worker. By Notice of Application Denial mailed June 22, 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 Banyas' monthly household income during the month of his application was $333.30.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered denying benefits to petitioner. DONE and ORDERED this 18th day of September, 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 18th day of September, 1981. COPIES FURNISHED: MR. JOHN BANYAS ROUTE 2, BOX 2268 PALATKA, FLORIDA 32077 JOSEPH E. HODGES, ESQUIRE DEPARTMENT OF HRS 2002 NORTHWEST 13TH STREET OAK PARK EXECUTIVE SQUARE GAINESVILLE, FLORIDA 32601 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 Ethel C. Armstrong requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 27, 1981 Armstrong, a seventy-seven (77) year old woman 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 the 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 benefits. Petitioner did not dispute the evidence presented by Respondent Department but felt that assistance should have been based on need. Armstrong's monthly household income during the month of her application was at least $322.30.
Recommendation Based on the for going 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, 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: Ms. Ethel C. Armstrong 2207 Olney Road Lakeland, Florida 33801 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 Respondent committed the alleged violations.
Findings Of Fact At the hearing of this case, the Petitioner's Motion that the request for admissions be deemed admitted was granted, resulting in the following facts being admitted: Waldron Produce of Citra, Florida, paid Respondent to supervise farmworkers harvesting peanuts on August 7, 1986. Respondent did not present to each farmworker he employed a notice of payment, showing the amount of compensation, number of hours worked, the rate of compensation, the name and federal identification number of legal employers of the farmworkers during the pay period, in detail, each and every deduction made from wages. Respondent did not retain for a period of three years an exact copy of each notice of payment form or a copy of the detachable part of the check, draft, or voucher that had been issued to each farmworker he employed. Respondent supervised a crew of farmworkers hand-harvesting peanuts approximately five miles east of Highway 301 on the north side of county road 319 in Marion County, Florida, on August 7, 1986. Respondent did not post his application for a certificate of registration at the work site of the farmworkers on August 7, 1986. Respondent did not post a working conditions statement at the work site of the farmworkers showing the rate of compensation the grower paid him and the rate of compensation he was paying the farmworkers on August 7, 1986. Respondent contracted with Waldron Produce for the employment and supervision of farmworkers without first displaying to Waldron Produce a current certificate of registration issued by the Bureau. In addition, the following facts are based upon evidence introduced at hearing: Respondent did not give wage statements to his workers. On August 20, 1986, Respondent met with CCCO Parker for a payroll audit. The audit revealed that Respondent was not giving wage statements to workers. Respondent did not make social security deductions and forward them to the social security administration. The audit revealed that Petitioner was not keeping the records by last name of each farmworker, or in a condition to facilitate inspection by the Bureau. (See testimony of Parker.) Respondent's records showed that he had paid Mr. Stanley Davy $77.00 for work during the week of August 4 through August 8, 1986. Mr. Davy received only half of the $77.00 and he worked approximately 11 to 12 hours per day. (See testimony of Davy.)
Recommendation Having found Respondent guilty of violating Sections 450.301, 450.33(7), 450.33(4)(a) and (b) , and 450.33(6), it is RECOMMENDED that Petitioner issue a Final Order imposing an administrative fine of $2,500 against Respondent. DONE and ORDERED this 5th day of March, 1987, in Tallahassee, 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 5th day of March, 1987. COPIES FURNISHED: Moses E. Williams, Esquire Department of Labor and Employment Security Montgomery Building 2562 Executive Center Circle East Tallahassee, Florida 32399-2152 Nathaniel Manns, Jr. Route 4, Box 4852 Citra, Florida 32627 Hugo Menendez, Secretary Department of Labor and Employment Security 206 Berkeley Building 2590 Executive Center Circle East Tallahassee, Florida 32399-2152 Kenneth Hart, Esquire General Counsel Department of Labor and Employment Security 131 Montgomery Building 2562 Executive Center Circle East Tallahassee, Florida 32399-2152
The Issue Whether Petitioner was properly denied home energy assistance as requested.
Findings Of Fact Petitioner is an 84-year-old unemployed homemaker whose entire and total income is a monthly Social Security payment of $300.04 and, periodically, when certain real property she owns is rented, a monthly rental check of $87.50. On December 23, 1982, because the property had not been rented for several months, Petitioner filled out and submitted a "Household Application for Home Energy Assistance" form at the Ocala, Florida, office of the Department of Health and Rehabilitative Services (HRS). On this form, she listed, inter alia, her household makeup (she, alone), her Social Security number, and the amount of income she had each month, including the usual rent which she was not getting at the time. On January 13, 1983, HRS sent Mrs. Roberson a form letter requesting further information. This information requested was the award letter from Social Security, telling the amount she was getting each month, and something telling the rent she received, signed by the tenant. She was to provide this information before January 27, 1983. Apparently, Petitioner did not understand the request, and no one from HRS contacted her other than by this form letter. Sometime thereafter, Petitioner went into the HRS office and filled out another application form thinking that was the information requested. No action was taken on the second application. In any event, the requested information was not submitted and, as a result, the application was denied. Petitioner's family size and income would qualify her for assistance had her response to the request for additional information been timely. All during the time the Low Income Energy Assistance Program was in operation in Ocala, HRS had at least 6 or 7 staff members in the office to help individuals fill out their application forms and to answer questions posed by applicants.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That the Department of Health and Rehabilitative Services deny Petitioner's application for low income energy assistance benefits. RECOMMENDED this 2nd day of June, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK 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 June, 1983. COPIES FURNISHED: Emily Roberson 2277 N. W. 12th Street Ocala, Florida 32675 James Sawyer, Esquire District Counsel Department of Health and Rehabilitative Services 2002 N.W. 13th Street Gainesville, Florida 32601 Mr. David Pingree Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact The Petitioner Farm Workers Rights Organization is an educational and charitable nonprofit corporation which has been organized under the provisions of Chapter 617, Florida Statutes. The purposes of the organization as provided in its Articles of Incorporation are as follows: To raise the economic, educational, and social levels of migrant and seasonal farm workers . . . who are seasonally unemployed, underemployed, or whose income is below federal poverty guidelines and to foster and promote community wide interest and concern for the problems of said farm workers to the end that (a) educational and economic opportunities may be expanded; (b) sickness, poverty, crime, and environmental degradation may be lessened; and (c) racial tensions, prejudice, and discrimination, economic and otherwise, may be eliminated. The organization is authorized under its Articles of Incorporation to do all lawful activities for the furtherance of its purposes. The Farm Workers Rights Organization is an active organization which has more than one thousand members. About three thousand persons are loosely associated with the organization. Many members of the organization reside in or around Immokalee, Florida, but members come from all over the state. Approximately ninety percent of the members are nonwhite, and most earn low or irregular incomes. Health problems are both a symptom and a cause of many of the problems that migrant farm workers face. The Farm Workers Rights Organization is active in promoting improved health care services for its members. The organization has actively opposed the issuance of Certificates of Need by the Department of Health and Rehabilitative Services to health care providers which the organization contends do not adequately address the health care needs of poor and minority persons. A substantial number of the organization's members have experienced difficulty in obtaining access to needed health care services. The Petitioner Carmen Torres is a member of the Farm Workers Rights Organization. She is a low income person of Hispanic background who resides near Immokalee, Florida. She participates in the Medicaid Program. She has experienced some difficulty in obtaining adequate medical assistance for illnesses that she has suffered because many physicians and health care facilities do not accept Medicaid patients. Petitioner would like to have better access to hospital facilities such as those at Lehigh General Hospital. She has never applied for services at Lehigh General Hospital. Friends have advised her that Lehigh General Hospital would not accept her as a patient. No competent evidence was offered as to the identity or status of the other persons who are named as Petitioners in this proceeding. The Department of Health and Rehabilitative Services is responsible for administering Florida's Certificate of Need program under the provisions of Section 381.494, Florida Statutes. The Department is Florida's state health planning and development agency designated pursuant to the provisions of federal law. 42 U.S.C. s3000M. The Department has adopted rules setting criteria to apply to applications for Certificates of Need. These criteria are set out in Rule 10- 5.11, Florida Administrative Code. The rule does not specifically require that the Department consider the extent to which an applicant's proposed service would meet the needs of low income or minority persons, neither does the rule deem those needs irrelevant. Rule 10- 5.11(3) provides that the Department will evaluate "the need that the population served or to be served has for such pro posed health or hospice services." Rule 10-5.12(8) provides for hearing procedures to be conducted by the Division of Administrative Hearings under the provisions of Chapter 120, Florida Statutes. The rule provides at Paragraph (8): The only decisions of the Department which may be reversed or revised by the Hearing Officer are decisions as to the consistency or inconsistency of the application with standards, criteria, and plans described in Rule 10-5.11 herein. Rules that have been adopted by the United States Department of Health and Human Services under the provisions of 42 U.S.C. s3000M provide that state Certificate of Need review agencies consider the degree to which medically underserved persons have access to services under review. See: 42 C.F.R ss123.409(a), 123.412(a), and 123.413. States are required to administer their programs in harmony with the rules of the federal agency. Failure to do so can cause a state to lose federal funding assistance. The Department's rules do not have the effect of removing consideration of how a proposed medical facility or service would impact the needs of low income or minority persons. The Department has obtained input regarding such needs in Certificate of Need proceedings and has considered them. There have been proceedings in which the Department has not specifically addressed the needs of low income and minority persons. The Petitioners have had a special interest in a Certificate of Need application that was filed with the Department by Lehigh General Hospital. Lehigh General Hospital is seeking to build a new hospital facility which would completely replace a present facility. The Department determined in that matter that the application would not impact minority or low income persons because the same basic services would be provided at the new facility as had been provided at the old facility. The service area of Lehigh General Hospital includes the area around Immokalee, Florida. The Department has approved Lehigh General Hospital's Certificate of Need application. The Petitioner Farm Workers Rights Organization is now pursuing judicial action to set aside the approval of that application. It appears that the Department has failed to specifically address the needs of low income and minority persons in other Certificate of Need proceedings. It does not appear, however, that the Department has any policy of not addressing those needs.
Findings Of Fact The Petitioner, Margie Knowles, applied for low income home energy assistance payments by an application filed with the Department of Health and Rehabilitative Services at is New Port Richey service center on November 2, 1983. After reviewing the application, the Department sent a letter to Petitioner requesting additional verification of the Petitioner's income on November 3, 1983, by United States Mail at the following address: 7th Avenue, route 2, Box 3072, Hudson, Florida 33567. This request was made because there was a variance between what the Petitioner reported on her application and what was recorded on her food stamp application, although both amounts were well within the eligibility requirements of the program. The Petitioner explained the variance by reporting that in one week they had picked tomatoes for only two days. The Petitioner did not receive the Department's letter requesting additional verification of income. Petitioner receives her mail in the mailbox of the primary house on the lot where she has her trailer. On November 17, 1983, the Department denied the Petitioner's application and found her ineligible for participation in the Low Income Home Energy Assistance Program because it had not received a reply to its letter of November 3, 1983. The Petitioner testified at hearing that she earned a total of $174 and received $121 in AFDC during the period of eligibility determination. Petitioner is well within the eligibility amount. She and her two grandchildren receive food stamps, live in Zone 4, use propane gas to heat with, and constitute a family of three.
Recommendation Because the Petitioner did not actually receive the Department's letter requesting additional information, and because the Department could have resolved the different income figures within its own records and personnel, it is recommended that the Petitioner receive low income home energy assistance benefits based upon the income figures and family size provided in paragraph six of the Findings of fact, supra. DONE AND RECOMMENDED this 1st day of June 1984 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 1st day of June 1984. COPIES FURNISHED: Ms. Margie Knowles Seventh Avenue Route 2, Box 3072 Hudson, Florida 33567 Carol M. Wind, Esquire Department of Health and Rehabilitative Services 2255 East Bay Drive Clearwater, Florida 33546 David M. Pingree, Secretary Department of Health and Rehabilitative Services 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; Rule 10 CER 80-11, amended by Rule 10 CER 81-4.08 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Lynn Brockmiller requested a hearing by a letter received in the office of Respondent on March 8, 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 and also failed to appear at the second hearing which was subsequently scheduled. On January 9, 1981 Brockmiller, a white 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 one other person and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 3, 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 the Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Brockmiller'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 24th day of April, 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 on this 24th day of April, 1981. COPIES FURNISHED: Ms. Lynn Brockmiller 1809 DeBarry Avenue, J-67 Orange Park, Florida 32073 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
