Findings Of Fact The Department of Health and Rehabilitative Services ("Respondent") is the government agency responsible for administering the Low Income Energy Assistance Program in the State of Florida. The Respondent adopted Rule 10 CER 80-11, Florida Administrative Code, and amended it to extend the time limit for filing applications for benefits. Petitioner made application for benefits as a building operator. The parties' Joint Exhibit #4 accurately reflects the financial status of the Petitioner as of the date of the data's submission to the Respondent. Joint Exhibit #4 was received in evidence. Respondent denied the Petitioner's application by its letter of March 24, 1981, upon a finding that the building project was fully compensated pursuant to Rule 10 CER 80-11.10(2), Florida Administrative Code. Denial was specifically based upon inclusion of the Petitioner's reserves fund in the computation of the project's compensation. Petitioner had operating capital and cash reserves in excess of its operating expenses. These cash reserves were maintained pursuant to federal rules governing public housing and were, at the time of Petitioner's application, below the requirements set by rule.
Recommendation The Hearing Officer recommends disapproval of the Petitioner's application for Low Income Energy Assistance Program benefits for failure to meet the requirements of Rule 10 CER 80-11.10(2), Florida Administrative Code, because Petitioner's cash reserves plus operating revenues exceed its operating expenses and therefore its project was fully compensated. DONE and ORDERED this 24th day of May, 1982, 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 24th day of May, 1982. COPIES FURNISHED: Dianne S. Smith, Esquire Assistant County Attorney Metropolitan Dade County 1626 Dade County Courthouse 73 West Flagler Street Miami, Florida 33130 Leonard Helfand, Esquire Department of HRS Room 1040, Ruth Rhode Building 401 Northwest Second Avenue Miami, Florida 33128 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 The Petitioner is fully eligible to receive benefits under the Low Income Energy Assistance Program. The only issue is as to the amount of benefits she is entitled to receive. On her application, the Petitioner stated that she had been receiving a twenty-dollar stipend from the Federal Department of Housing and Urban Development to assist her with her utilities payment. After December, 1980, the Petitioner ceased receiving the stipend, and since that date she has not received it. She receives no other assistance on her utility bills. The Petitioner has outstanding electric utility bills of over $500.00. She is no able to pay this bill, and her electricity has been off for approximately two months. The Petitioner's total income is $175.00 per month which she receives as an AFDC Payment.
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 Frank Selecky requested a hearing by a letter received in the office of Respondent on March 4, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 8, 1981 Selecky, 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 liquid propane for heating. By Notice of Application Denial mailed February 18, 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 in come limit by household size was unfair, especially since he has no kidneys, is on dialysis, has large medical and automobile fuel bills and is sixty-nine (69) years old. He has had difficulty in collecting his insurance reimbursement. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Selecky's 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 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: Mr. Frank Selecky Route 2, Box 985 Webster, Florida 33597 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32671 Susan B. Kirkland, Esquire Department of HRS 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact On March 23, 1982, Petitioner, Frances McGill, filed a household application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Based upon a review of the information submitted by Petitioner, the application was denied by notice dated April 27, 1982, on the ground McGill had an excessive monthly income. Thereafter, Petitioner requested an administrative hearing to appeal the Department's decision. Petitioner resides in her household with one other person. The total countable monthly income for the household during March, 1982, was $561. This amount exceeded the monthly income limitation of $474 for households having two persons. Therefore, McGill was ineligible for assistance based upon her March income. Applicant did not dispute the Department's determination that her total monthly countable income during March, 1982, exceeded acceptable income limitations prescribed by the Department. However, a large part ($370) of the income received in March was recently terminated, and it now falls within acceptable guidelines. Additionally, Petitioner pointed out that she is unemployed, has large medical bills, and is in genuine need of financial assistance.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Frances McGill for energy assistance be DENIED. DONE and ENTERED this 29th day of July, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER 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 29th day of July, 1982. COPIES FURNISHED: Ms. Frances McGill 310 North West 7th Avenue, No. 2 Miami, Florida 33128 Leonard Helfand, Esquire Department of HRS 402 North West 2nd Avenue, Suite 1040 Miami, Florida 33128
Findings Of Fact On July 6, 1981, Petitioner, Corine Thomas, filed a household application for cooling assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Petitioner resides in Santa Rosa County, Florida, which is part of the North Cooling Climatic Region for purposes of determining the level of assistance to be given claimants. The application was ultimately denied by Respondent on August 28, 1981, on the ground Petitioner's monthly countable income exceeded that authorized by Department rule. When the application was filed, Petitioner and one other person lived in her household. Their total countable monthly income for July, 1981, was $524, which exceeds the $418 income limitation for households having two persons. Except for the excessive income, Petitioner was otherwise qualified to receive cooling assistance. Applicant contended the other person residing in her household when the application was filed was only temporary and has subsequently moved. However, he did reside there when the application was filed on July 6, 1981 and must be included as a member of her household for purposes of determining eligibility.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Corine Thomas for cooling assistance be DENIED. DONE and ENTERED this 3rd day of December, 1981, in Tallahassee, Florida. DONALD R. ALEXANDER 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 December, 1981. COPIES FURNISHED: Corine Thomas 1611 Okaloosa Street Milton, Florida 32570 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Pensacola, Florida 32522
Findings Of Fact Petitioner Wiggins 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 12, 1981 Audrey O. Wiggins, 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 in a house with her husband and received a bill for use of electricity for heating. Her gross non-earned monthly income is $425.40. By Notice of Application Denial mailed February 11, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the monthly income limits for a household of her size. Petitioner did not dispute the evidence presented by Respondent but stated that it was very difficult to live on the income of herself and her husband and would appreciate any help they could receive. Witness for the Respondent substantiated the evidence received and explained the procedure followed for the Low Income Energy Assistance Program. Under Rule 10 CER 80-11.07 Petitioner Wiggins' household 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 27th 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 27th day of March, 1981. COPIES FURNISHED: Audrey O. Wiggins 1958B Long Bay Road Middleburg, Florida 32068 Paul C. Doyle, Esquire Department of Health and Rehabilitative Services 5920 Arlington Expressway Post Office Box 2417F Jacksonville, Florida 32231 Mr. Alvin J. Taylor 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, 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
Findings Of Fact Petitioner and his wife live together in subsidized housing on Miami Beach. They are both disabled, and they receive a combined monthly income of $421 in social security benefits. They have no other income, earned or unearned. Petitioner made application for low income energy assistance benefits for his home cooling costs. Respondent denied that application for benefits since the maximum monthly income for a two-person household is $418. Except for exceeding the maximum income limit, Petitioner is otherwise eligible for low income energy assistance benefits. A lady who assists Petitioner in caring for himself and his wife stays with them two or three nights a week. Petitioner pays her a few dollars a day when he is able and charges her nothing for any meals or for her room when she stays with Petitioner and his wife. This same lady also spends several nights a week with a friend of Petitioner's, and she has her own apartment for which she pays rent.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED THAT: A final order be entered denying Petitioner's application for Low Income Energy Assistance Program benefits. RECOMMENDED this , in Tallahassee, Florida. LINDA M. RIGOT, 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 December, 1981. COPIES FURNISHED: Eugene Cash 245 Ninth Street, Apt. 4 Miami Beach, Florida 33139 Leonard Helfand, Esquire District XI Legal Counsel Department of Health and Rehabilitative Services 401 N.W. Second Avenue, Suite 1040 Miami, Florida 33128 Mr. David 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 Frank Buscaglia requested a hearing by a letter received in the office of Respondent on April 1, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 7, 1981 Buscaglia, 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 his wife and receives a bill for use of liquid propane 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. 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 cost of living is so high that his income will not permit so essential an expenditure as hospitalization insurance for his wife. He stated that it appears that if only 25 percent of the eligible needy applied for low income energy assistance that the $19.7 million set aside for Florida's needy should be re-reviewed and the funds used for those whose monthly income slightly exceeded the guidelines. He is a World War II veteran, having been awarded the Silver Star and the Croix de Guerre. Respondent agreed at the hearing to determine whether illegal aliens were eligible for the low income energy assistance. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Huscogiias 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 7th 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 7th day of April, 1981. COPIES FURNISHED: Mr. Frank Buscaglia Route 1, Box 220 Oklawaha, Florida 32679 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32671 Susan B. Kirkland, Esquire Department of HRS 1323 Winewood Boulevard Tallahassee, Florida 32301
