The Issue The issue is whether Petitioners' household income was within the maximum income limits.
Findings Of Fact Nazario and Frances Lopez applied for Low Income Energy Assistance Program benefits on June 22, 1981, as a two-person household. Their application was denied because their household income for the month of June was $452. The maximum income limit for a two-person household is $418. Mr. and Mrs. Lopez were otherwise qualified for these benefits. Effective at the end of June, the Social Security disability benefits payable to Frances Lopez in the amount of $203 were discontinued, and they received $249 in July.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that low income energy assistance benefits be denied Petitioners. 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. and Mrs. Nazario Lopez 11250 South West 197th Street, Apt. 134 Miami, Florida 33157 Leonard Helfand, Esquire Department of HRS Room 1040, 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 405 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, Florida Administrative Code, amended by Rule 10 CER 81-4.08 through 4.11.
Findings Of Fact Petitioner Willie Williams requested a hearing by a letter received in the office of Respondent on March 4, 1981. After having an informal conference with a supervisor in Respondent Department, Petitioner requested a formal hearing. On January 26, 1981 Williams, a black male, filed a household application for low income energy assistance. No one in his household is handicapped or a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives alone in a house and received a bill for use of kerosene for heating. He receives food stamps, and his gross monthly income consists of $348.98 social security payments and $10.32 insurance payments. By Notice of Application Denial mailed February 19, 1981 Petitioner was informed that he was denied assistance for the reason that his adjusted monthly income exceeded the maximum income limit for a household of his size. Petitioner did not dispute the evidence presented by Respondent but was dissatisfied with the income limits by household size and stated that he was ill and had much difficulty meeting his payments and needed assistance. The 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 Williams' 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 he 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. DONE and ORDERED this 1st 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 1st day of April, 1981. (904) 488-9675 COPIES FURNISHED: Mr. Willie Williams 101 West 19th Street Jacksonville, Florida 32208 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 1317 Winewood Boulevard Tallahassee, Florida 32301
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
The Issue Whether Petitioner should have been considered for benefits from the Low Income Energy Assistance Program pursuant to Section 409.508, Florida Statutes; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Administrative Code.
Findings Of Fact Petitioner Rachel N. Farmer requested a hearing by a letter received in the office of the Respondent on April 2, 1981. After an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner is a black female who lives in Macclenny, Baker County, Florida She receives aid from the state and federal governments in the amount of $75.00 biweekly. She wrote a letter to Respondent Department, received on April 4, 1981, requesting information as to why she had not received a check to help on her light bill. After Respondent denied benefits on the grounds that no application had been received Respondent forwarded the letter to the Division of Administrative Hearings as a request for hearing. Petitioner testified in her own behalf. At the hearing Petitioner stated that on March 19, 1981 she had submitted by mail to Respondent an application consisting of one sheet on which she bad indicated her income. Respondent submitted a statement by the worker in charge of the records in the area in which Petitioner lived which stated that diligent search had been made of the files and logs but no application had been received from Petitioner. From observing the demeanor of the parties the earing Officer finds that Petitioner Farmer mistakenly believed hat she had sent in an application for low income energy benefits but that in fact she had not submitted the proper application. The Hearing Officer further finds that the form Petitioner may have filed was filed by mailing on March 19, 1981.
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 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of June, 1981. COPIES FURNISHED: Ms. Rachel N. Farmer Baker Manor, Apt. #8 Macclenny, Florida 32063 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 Chapter 50-167, Laws of Florida; Rule 10 CER 80-11 amended by 10 CER 01-4.08 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Muriel L. Lanton requested a hearing by telephone and by a letter received in the office of Respondent on March 2, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 7, 1981 Lanton, 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 alone in a house and receives a bill for use of electricity for heating. Her gross monthly income is $322.80 non-earned income. by Notice of Application Denial mailed February 19, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded the monthly income limits for a household of her size. Petitioner did not appear but sent word to the Hearing Officer by the witness for Respondent that she did not think it fair to count the amount deducted for Medicare as income. 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 Lanton's household income exceeds the income limit of $318.00 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: Ms. Muriel L. Lanton 1110 Marigold Street Parker, Florida 32401 John L. Pearce, Esquire Department of HRS 2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303 Susan S. Kirkland, Esquire Department of HRS 1317 Winewood Boulevard Tallahassee, Florida 32301
Recommendation Based upon Petitioner's failure to appear, it is, RECOMMENDED that a default be entered against the Petitioner and a Final Order be issued denying Petitioner's application for Low Income Energy Assistance Program benefits. DONE and RECOMMENDED this 10th day of September, 1984, in Tallahassee, Leon County, 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 10th day of September, 1984. COPIES FURNISHED: Ms. Rose Marton c/o 7727 Dickens Avenue, Number 7 Miami Beach, Florida 33141 Leonard Helfand, Esquire Department of Health and Rehabilitative Services 401 NW Second Avenue Miami, Florida 33128 Mr. David Pingree, Secretary 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 81.40.8 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Judith Winthrop requested a hearing through a letter received in the office of Respondent on March 13, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 26, 1981 Winthrop, a white female, filed a Household Application for low income energy assistance. No one in her household is a migrant or a 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 fuel oil for heating. By Notice of Application Denial mailed February 2, 1981 Petitioner was informed that she was denied assistance for the reason that her household monthly income exceeded the maximum income for a household of her size. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but wanted a hearing to explain her critical physical condition and the costs of her care. She hoped that a special dispensation could be made because of her dire circumstances. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Winthrop's household income of $450.00 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 20th 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 20th day of April, 1981. COPIES FURNISHED: Ms. Judith Winthrop c/o Mr. John Simon 162 Nautilus Road St. Augustine, Florida 32084 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 1323 Winewood Boulevard Building One, Room 406 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. Respondent Department of Health and Rehabilitative Services was designated in Section 409.508, Florida Statutes 1980) , Home Energy Assistance Program, as the state agency to administer the Federal Home Energy Assistance Program as provided in Title III, Public Law 96-223, "Home Energy Assistance Act of 980." Pursuant thereto Respondent instituted the Low Income Energy Assistance Program. A timely Household Application for benefits on an approved form was received from Petitioner. The application was promptly processed by the Respondent Department. A Notice of application Denial was mailed to Petitioner notifying him that his household income exceeded the monthly income and therefore he was ineligible for benefits. Petitioner made a timely request for a hearing. After an informal conference with a supervisor of Respondent Department this administrative hearing was scheduled. immediately prior to commencement of the hearing, in the presence of all parties, Petitioner was advised of his rights and instructed as to the procedures to be followed at the hearing. Respondent's witness offered four (4) composite exhibits which were entered as evidence.
Findings Of Fact Petitioner Fernando Torres requested a hearing by a letter received in the office of Respondent on March 2, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On January 13, 1981 Torres, a Hispanic 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 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. The action was taken by Respondent within 45 days of Petitioner's application, and he as 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, particularly since the cost of living has increased. Petitioner Torres' monthly household income is $847.60. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner'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 21st 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 21st day of May, 1981. COPIES FURNISHED: Mr. Fernando Torres 2224 Lime Tree Drive Edgewater, Florida 32032 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 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
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
