The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1960), 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 Florine Williams requested a hearing by a letter received in the office of Respondent on March 10, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On January 29, 1981 Williams, 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 five (5) other persons and receives a bill for the use of liquid propane for heating. By Notice of Application Denial Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the maximum income limits 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 did not dispute the evidence presented by Respondent Department but was convinced the income limit by household size was unfair. Petitioner Williams' monthly household income for the month of her application was $877.00.
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 5th day of June, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Oakland Building 200 Apalachee Parkway Tallahassee, Florida 32301 Filed with the Clerk of the Division of Administrative Hearings this 5th day of June, 1981. COPIES FURNISHED: Mrs. Florine Williams 6461 Beryl Street Jacksonville, Florida 32219 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
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
Findings Of Fact Petitioner Roslyn Moody requested a hearing by a letter received in the office of Respondent on May 7, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On January 6, 198 Moody, a white female, filed a Household Application for low income energy assistance. She lives alone in an apartment in the Hotel Putman for which she pays $225.00 rent each month. She cleans her own apartment, does her own laundry and pays for the soap and other necessary items. She receives no bill for heating fuel, and her rent has not increased during the past year. The hotel in which she lives is subsidized by HUD, and Petitioner is charged a flat rental fee. She is not charged for excess utilities or a utility surcharge which includes heating costs. By Notice of Application Denial mailed January 6, 1981 Petitioner was informed that she was denied assistance for the reason that she is not responsible for paying her heating bill and therefore is not eligible for the program benefits. The vulnerability of Hotel Putman and Petitioner was provided by the hotel operator upon inquiry by the Respondent. 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 did not dispute the evidence presented by Respondent Department but as convinced that she should be eligible since she pays rent and the cost of her own upkeep and her income is low.
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 8th 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 8th day of June, 1981. COPIES FURNISHED: Ms. Roslyn Moody 225 West New York Avenue Hotel Putman - Apt. 419 Deland, Florida 32720 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
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 Dorothy Jaycox requested a hearing by letter dated September 4, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On July 8, 1981 Jaycox, 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 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 by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. Petitioner did net dispute the evidence presented by Respondent Department but felt that assistance should have been based on need, and that her treatment was unfair inasmuch as she was first notified that her application had been approved and that it was later disapproved because Respondent had erroneously determined that she was eligible for benefits. Jaycox's monthly household income during the month of her application was $334.00.
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 9th day of October, 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 9th day of October, 1981. COPIES FURNISHED: Ms. Dorothy Jaycox 7517 North 40th Street, Apt. K-202 Tampa, Florida 33604 Janice Sorter, Esquire Department of HRS W. T. Edwards Facility 4000 West Buffalo Avenue Tampa, Florida 33614 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 409 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 Petitioner Fred A. Newman requested a hearing by a letter dated February 28, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner failed to appear at both the first and second scheduled hearings. On January 22, 1981 Newman, a white male, filed a Household Application for low income 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 one other person, receives food stamps and receives a bill for use of liquid propane for heating. By Notice of Application Denial mailed February 5, 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. Tie 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 appear. Respondent presented avidence (Respondent's Composite Exhibit 1) which shows that Petitioner has a gross combined income of $428.00 per month. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Newman'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. Fred A. Newman RD 2, Box 214 (Mulberry Street, Lake Weir Village) Oklawaha, Florida 32679 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32672 Alvin J. Taylor, Secretary Attn: Susan B. Taylor, 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 The Petitioner completed an application for home energy assistance benefits in mid-November, 1983. The application was not submitted to the Respondent until December 12, 1983, but the information contained in the application was correct as of the date the Petitioner signed it, November 10, 1983. Shortly after completing the application, the petitioner was laid-off from his employment with McDowell Concrete. Specifically, Petitioner was unemployed from the end of November until the end of January, 1984. In December, 1983 Petitioner applied for and received food stamps and he began receiving unemployment benefits. On December 22, 1983, Respondent mailed a letter to Petitioner requesting income verification. However, the Petitioner and his family went out-of-state for the Christmas Holidays, departing approximately December 23, 1983 and returning approximately December 31, 1983. During this time period, mail was delivered to Petitioner's residence and was allowed to accumulate in the mailbox. Petitioner denies ever having received the letter which was admitted as Respondent's Exhibit 1. Additionally, Respondent presented evidence that the usual practice of the agency is to mail such letters in envelopes with returned addresses, but Respondent was unable to present any direct evidence that the letter requesting income verification was ever actually mailed to Petitioner. The HRS worksheet which was submitted with the Petition for Hearing further fails to indicate any other attempts to contact the Petitioner prior to denial of benefits. In fact, the HRS office in Fort Walton Beach, which accepted the application from Petitioner, was only a temporary office and was closed on December 23, 1983. Because Petitioner did not supply income verification by January 5, 1984, his application was denied. Petitioner was notified of the denial in February, 1984, and immediately wrote to the Respondent, questioning the denial. See Respondent's Exhibit 2. The income verification which Respondent sought had in fact been supplied to another office of Respondent in December, 1983, when Petitioner's household qualified for food stamps. As indicated on the application, the Petitioner authorized the Respondent to use the records from any other HRS program to determine eligibility for home energy assistance. Had Respondent checked its computer prior to denying this benefit, Respondent would have determined that the Williams household was eligible for home energy assistance based on a zero income for a family of four.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence in the record, and the candor and demeanor of the witnesses, it is, hereby RECOMMENDED that Petitioner, Nathaniel Williams, be declared eligible for participation in the Low Income Energy Assistance Program and that the appropriate benefits for which he is financially entitled be awarded to him. DONE and ENTERED this 5th day of April, 1984, in Tallahassee, Leon County, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 904/488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5 day of April, 1984. COPIES FURNISHED: Nathaniel Williams 116 Shell Avenue Fort Walton Beach, Florida 32548 Maureen McGill, Esquire District I Legal Counsel Department of Health and Rehabilitative Services Post Office Box 12836 Pensacola, Florida 32576 David H. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Amos Sellers requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 22, 1981 Sellers, a white male who lives with one (1) other person, 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 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. Sellers' monthly household income during the month of his application was $489.00.
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 5th day of November, 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 5th day of November, 1981. COPIES FURNISHED: Mr. Amos Sellers 201 West Quina Way Pensacola, Florida 32505 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, 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 Bettie S. McDowell requested a hearing by a letter received in the office of Respondent on February, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On January 6, 1981 McDowell, 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 natural gas for heating purposes. By Notice of Application Denial mailed February 2, 1981 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 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 felt that assistance should have been based on need. Petitioner McDowell's monthly household income during the month of her application was $476.00.
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 17th day of June, 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 17th day of June, 1981. COPIES FURNISHED: Ms. Bettie S. McDowell 247 Cypress Avenue, NW Crestview, Florida 32536 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Pensacola, Florida 32501 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
