Findings Of Fact Mr. Goldsby lives at 1408 Northwest 57th Avenue in Pensacola, Florida. His home is heated with natural gas. During the time period relevant to his application, Mr. Goldsby's income was $462.20 from social security, medicaid, and the Veterans Administration. Mr. Goldsby is not employed. He has extensive medical problems. Additionally, Mr. Goldsby's house suffered intensive and expensive damage as a result of a severe freeze which occurred in December, 1983. Leon Taylor testified on behalf of HRS. HRS is required to follow guidelines which are set forth in a handbook dated October 1, 1983 (HRS M165- 15). Chapter 2 of this handbook contains the income criteria which were applied in this case. For a single person household the monthly income limit is $405.00.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED that Respondent deny Petitioner's application for benefits under the Low Income Energy Assistance Program. 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 5th day of April, 1984. COPIES FURNISHED: John R. Goldsby 1408 Northwest 57th Avenue Pensacola, Florida 32506 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
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
Findings Of Fact All applications for the Low Income Energy Assistance Program were logged in upon receipt by the Department of Health and Rehabilitative Services agency receiving the applications, whether mailed or hand delivered. After being logged in, the applications were forwarded to the processing unit. Applicants received either a denial letter or payments under the program. A detailed search of the logs and the processed applications were made by the Department staff at the direction of Rowland Williams, District Program Director for the Low Income Energy Assistance Program. There was no record of an application from Jeraldine Fountain having been received. Had an application been received, the Department would have had a record of its receipt. Fountain's application was not received. Fountain's follow-up on her application was after the final date for applying for benefits under the program, February 13, 1981.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that Jeraldine Fountain not receive any benefits under the Low Income Energy Assistance DONE and ORDERED this 11th day of June, 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 11th day of June, 1981. COPIES FURNISHED: Ms. Jeraldine Fountain 4-45 West 38th Street Jacksonville, Florida 32206 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 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 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 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 Laura M. Davis lives in a low income government supported housing project in Tallahassee, Florida. Her rental payment is a fixed sum determined by her monthly gross income. This rent also includes utility costs. She was advised that she was eligible for Low Income Energy Assistance payments by employees of Respondent since she had a certification by a doctor that, for health reasons, she should live in a air conditioned space. Petitioner does not have air conditioning. After completing her application, which was initially approved, Petitioner was subsequently advised by Respondent that because she did not have air conditioning and pay additional costs for electricity she was not eligible for Low Income Energy Assistance for cooling. Emergency Rule 10 CER 81-8, issued by the Department of Health and Welfare from whom the Low Income Energy Assistance funds come, provides: A household is not eligible when a government program is paying for the rising cost of cooling energy. This cost is paid by the housing project or facility where you live.
Findings Of Fact Anna Juanita and Bernard W. Mannon live together in an apartment on Madison Street in Marianna, Florida. He is 62 and she is 56 years of age. The two of them make up the household. Her health is not good, and certain respiratory problems might be alleviated by air conditioning. Mrs. Mannon has no income. Mr. Mannon has gross income of $298.40 biweekly from the hospital where he works. His own health may preclude his working there much longer. Monthly, the Mannons repay loans from their daughter ($50.00) and from a finance company, Associates Financial Services ($57.00). They also have substantial medical bills.
Findings Of Fact On March 11, 1982, Petitioner, Eva Cox, 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 letter dated March 23, 1982, on the ground Cox had an excessive monthly income. A subsequent oral explanation as to the reason for the denial was given Petitioner on May 11, 1982. Thereafter, Petitioner requested an administrative hearing to appeal the decision of the Department. Petitioner resides in her household with one other person. The total countable monthly income for the household is $548. This amount exceeds the monthly income limitation of $474 for households having two persons. Therefore, Cox was ineligible for assistance. Applicant did not dispute the Department's determination that her total monthly countable income exceeded acceptable income limitations prescribed by the Department. However, she contended that because of a recent heart attack which has limited her ability to work, she is in need of financial assistance.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Eva Cox for energy assistance be DENIED. DONE and ENTERED this 2nd 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 2nd day of July, 1982. COPIES FURNISHED: Ms. Eva Cox 1601 East Alabama Street, Apt. 114 Plant City, Florida 33566 Amelia Park, Esquire Department of HRS 4000 West Buffalo Avenue Tampa, Florida 33614
Findings Of Fact Petitioners Mr. and Mrs. John Wallace Beck requested a hearing by a letter received in the office of Respondent on March 12, 1981. After the required informal hearing with a supervisor in Respondent Department Petitioners requested a formal hearing. On January 29, 1981 Mr. Beck, a white male, filed a Household Application for low income energy assistance. No one in his household receives food stamps or other subsidies, or 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 electricity for heating. By Notice of Application Denial mailed March 3, 1981 Petitioners were informed that they were denied assistance for the reason that their monthly income exceeded the maximum income for a household of their size. Action was taken by Respondent within 45 days of Petitioners application, and they were promptly notified of the reason for denial of benefits. Petitioners did not dispute the evidence presented by Respondent Department but were convinced the income limit by household size was unfair. Mr. Beck said he felt the federal government misled people by advertising that there was money available and even extending the deadline to apply but that when need was demonstrated no funds for heating were granted him. He has applied for no other form of public aid. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioners' income exceeds the income limit of $418.00 for a household of two (2) people.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be denied Petitioners. 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. and Mrs. John Wallace Beck 202 Portage Path Road Dade City, Florida 33525 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
