Findings Of Fact Petitioner Marcia Stevens requested a hearing by a letter received in the office of Respondent on February 20, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On February 13, 1981 Stevens, a black female, filed a household application for low income energy assistance. No one in her household is handicapped or a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives with three other people and receives a bill for use of electricity for heating. 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 limit for a household of her size. Petitioner did not dispute the evidence presented by Respondent Department but thought it unfair to consider only the one month's income with the light bill so high. Under Rule 10 CER 80-11.07 and the applicable chart Petitioner Stevens' household income exceeds the income limit of $621.00 for a household of four (4) persons. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.
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 27th day of March, 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 27th day of March, 1981. COPIES FURNISHED: Ms. Marcia Stevens 4121 NE First Terrace Gainesville, Florida 32601 Joseph E. Hodges, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Square Gainesville, Florida 32601 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32671 Susan B. Kirkland, Esquire Department of HRS 1317 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner William E. Johnson requested a hearing by a letter received in the office of Respondent on February 27, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 14, 1981 Johnson, 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 alone and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 17, 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. 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 was convinced the income limit by household size was unfair, especially since the subsidy was to pay the high cost of energy. He stated that he wanted no food stamps or charity but needed help with doctor bills, plumbing bills and screens. He stated that "Uncle Sam" supports illegal aliens but our own people can't get a loan or helping hand. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Johnson's household income exceeds the income limit of $316.00 for a household of one person.
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 this 24th day of April, 1981. COPIES FURNISHED: Mr. William E. Johnson 1222 Northwest Fourth Avenue Fort Lauderdale, Florida 33311 Harold Braynon, Esquire Department of HRS 201 West Broward Boulevard Fort Lauderdale, Florida 33301 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 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 James Benjamin Stallworth requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 8, 1981 Stallworth, a black male who lives with one (1) other person, filed a Household Application for low income energy assistance. He was notified that the application must be accompanied by a Medical Certification for Cooling, and was requested to submit the certificate that had been forwarded to him. The medical certificate filed was not completed but the physician wrote the word "denied" before his signature.
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 11 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: James B. Stallworth Route 5, Box 61 Elbert Lane 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, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue The parties stipulated that the sole basis for denial of Petitioner's application for benefits was that his income for the month in which he applied exceeded the maximum income limit for a two-person household. The sole issue is whether the Petitioner was within the maximum income limit.
Findings Of Fact Clyde Britt applied for Low Income Energy Assistance Program benefits in July, 1981. The Department of Health and Rehabilitative Services denied Britt's application solely because Britt's income in July, the month he applied, was $419 and exceeded the maximum income limit of $418 for a two-person household. In the month of June, 1981, Britt received $394.50 and would have qualified had he applied in that month. The increase in Britt's income was due to the automatic cost of living allowance which was paid in July.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, and having considered the post-hearing letter from Petitioner Britt, the Hearing Officer recommends that Low Income Energy Assistance Program benefits be denied Petitioner. DONE and ORDERED this 20th day of October, 1981, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 20th day of October, 1981. COPIES FURNISHED: Mr. Clyde Britt 5307 North East Second Avenue, Apt. P-1220 Miami, Florida 33138 Leonard Helfand, Esquire Department of HRS Room 104, Rhode Building 401 North West 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 Chapter 80-167, Laws of Florida; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4.08 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Charlie Burch requested a hearing by letter of February 19, 1981 and by letter of March 18, 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 but requested that he be heard at a future date and appeared at the second hearing. On January 9, 1981 Burch, a black 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 receives food stamps, lives with one other person and receives a bill for use of electricity 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. 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 was convinced the income limit by household size was unfair with his wife's illness and other high bills. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Burch's household income exceeds the income limit of $418.00 for a household of two (2) persons.
Recommendation Based on the foregoing Finding's of Fact and Conclusions of Law the Hearing' Officer recommends that low income energy benefits be denied Petitioner. DONE and ORDERED this 1st day of May, 1981, 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 1st day of May, 1981. COPIES FURNISHED: Mr. Charlie Burch Post Office Box 15 Pomona Park, Florida 32081 Alvin J. Taylor, Secretary Joseph E. Hodges, Esq. Attn: Susan B. Kirkland, Esquire Department of HRS Department of HRS 2002 NW 13th Street Building One, Room 406 Oak Park Executive Square 1323 Winewood Boulevard Gainesville, Florida 32601 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
Findings Of Fact Petitioner Jessie Gallon requested a hearing by telephone and by a letter received in the office of Respondent on February 27, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 28, 1981 Gallon, 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 in a house with one other person and receives a bill for use of kerosene for heating. She does not get food stamps, and her gross monthly income consists of payments in excess of $420.00 per month. By Notice of Application Denial mailed February 17, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded the maximum income limit for a household of her size. Petitioner did not dispute the evidence presented by Respondent but was dissatisfied with the income limits by household size and stated other people much better off than she get a variety of assistance and she cannot even get five (5) gallons of kerosene for heat, and she feels that the system is unfair. The witness for Respondent substantiated the evidence received and explained the procedure followed for the Low Income Energy Assistance Program. Respondent's Exhibits 1 and 2 were entered into evidence. Under Rule 10 CER 80-11.07, Florida Administrative Code, Petitioner Gallon's household income exceeds the income limit of $418.00 for a household of two (2) persons. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.
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 6th 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 this 6th day of April, 1981. COPIES FURNISHED: Ms. Jessie Gallon 1304 Pearce Street Jacksonville, Florida 32209 Paul C. Doyle, Esquire Department of HRS 5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Susan B. Kirkland, Esquire Department of HRS 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Charlotte Herald requested a hearing by a letter received in the office of Respondent on February 16, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 22, 1981 Herald, a white female, filed a household application for low income energy assistance. No one in her household is handicapped or a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives alone and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 12, 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. Petitioner did not dispute the evidence presented by Respondent Department but thought it was unfair to consider the amount deducted for Medicare as income. Under Rule 10 CER 80-11.07 and the applicable chart Petitioner Herald's household exceeds the income limit of $316.00 for a household of one person. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.
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 27th day of March, 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 27th day of March, 1981. COPIES FURNISHED: Mrs. Charlotte Herald 406 Malverne Street Inverness, Florida 32650 Joseph E. Hodges, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Square Gainesville, Florida 32601 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32671 Susan B. Kirkland, Esquire Department of HRS 1317 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; 10 CER 80-11 amended by 10 CER 81- 4.08 through 4.11.
Findings Of Fact Petitioner requested a hearing by telephone and by a letter received in the office of Respondent on February 11, 1981. After the required informal conference with a supervisor of the Respondent, Petitioner requested a formal hearing. On January 6, 1981, Petitioner, a white female, filed a household application for low income energy assistance. No one in her household is handicapped or a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives alone in a house and receives a bill for use of electricity for heating. By Notice of Application Denial mailed on February 3, 1981, Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded $316.00, the maximum income limit for a household of her size. Petitioner did not dispute the evidence presented by Respondent but was convinced that the income limit by household size was unfair. Petitioner confused the Low Income Energy Assistance Program with a program administered by the Community Action Agency of Hillsborough County, Florida, called the Energy Crisis Intervention Program, funded by federal money from the Department of Energy. The funds from the Energy Crisis Intervention Program were available to persons without heating fuel in their home or who had been notified that their fuel supply would be terminated during the month of February, 1981. The income limits of that program were more liberal than the income limits in the subject Low Income Energy Assistance Program. Under Rule 10 CER 80-11.07 and the applicable chart, Petitioner's household exceeds the income limit of $316.00 for a household of one person. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that low income energy benefits be denied. DONE and ENTERED this 19th day of March, 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 19th day of March, 1981. COPIES FURNISHED: Ms. Margaret M. Buzzell 8574 Briar Grove Circle Tampa, FL 33615 Janice Sortor, Esq. Department of HRS W.T. Edwards Facility 4000 West Buffalo Avenue Tampa, FL 33614 Susan B. Kirkland, Esq. Department of HRS 1317 Winewood Boulevard Tallahassee, FL 32301
