Findings Of Fact At all times here relevant Bettye Jean Jenkins lived in a government supported housing project in Tallahassee, Florida. Her rental payment is a fixed sum determined by the family's monthly gross income. This rent also includes utility costs. Petitioner 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 an 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.
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
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 Florida C. Graham requested a hearing by telephone and by a letter received in the office of Respondent on February 28, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 5, 1981 Graham, 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 in subsidized housing with one child and received a bill for use of electricity for heating. Her gross monthly income is $585.00 earned income. Twenty percent (20 percent) of her gross monthly earned income of $585.00 is $117.00 which results in a total adjusted gross income of $468.00. By Notice of Application Denial mailed February 5, 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 dispute the evidence presented by Respondent but stated: I request a hearing due to the fact that my present Electric bill is far more than I anticipated and I'm not sure at the present time just how I shall go about paying it before my electricity will be cut off. I do not at this time or no other time expect the Energy Assistance program to pay my bills, but I could genuinely use some financial assistance if it's truly there for the ones that show a need. Witnesses 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 and the applicable chart for District III, Marion County Unit 42, Petitioner Graham's 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. DONE and ORDERED this 13th day of March, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings 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 March, 1981. COPIES FURNISHED: Ms. Florida C. Graham 2425 SW Third Street, Lot 137 Ocala, Florida 32670 Joseph E. Hodges, Esquire Department of HRS James A. Sawyer, Jr., Esquire 2002 NW 13th Street Department of HRS Oak Park Executive Square 3001 SW Broadway Gainesville, Florida 32601 Ocala, Florida 32671
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
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 Jose Alvarado requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On July 2, 1981 Alvarado, a white male who lives with two (2) other persons, filed a Household Application for low income energy assistance. He was notified on July 6, 1981 that the application must be accompanied by a Medical Certification for Cooling, and he was requested to submit the medical certificate by July 20, 1981. He failed to file the certificate by July 27, 1981 and a call to the telephone number furnished by Petitioner was attempted, but there was no answer. Petitioner stated at the hearing that he had tried to get the physician to sign the certificate, but the physician was on vacation. Petitioner filed the signed certificate on July 31, 1981. The Notice of Application Denial was mailed on August 28, 1981.
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 granting low income energy benefits to Petitioner. DONE and ORDERED this 7th 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 7th day of December, 1981. COPIES FURNISHED: Mr. Jose Alvarado 1875 Caralee Boulevard, Apt. 2 Orlando, Florida 32807 Samuel P. Stafford, Esquire Department of HRS 400 West Robinson Street, Suite 912 Orlando, Florida 32801 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; 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 Sue Kammer requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 16, 1981 Kammer, a white female who lives alone, filed a Household Application for low income energy assistance. She was notified on June 17, 1981 that the application must be accompanied by verification of income and a Medical Certification for Cooling. She filed the verification of income and notified the Respondent that the medical certificate had been sent to the Central Florida Migrant and Community Health Center, Inc. This clinic closed, and Petitioner sought help from the clinic in Sanford, Florida. A physician there notified Petitioner by letter dated July 30, 1981 that the medical conditions required to show eligibility for cooling benefits could not be found on Petitioner's medical chart, and therefore he could not sign the medical certificate. Petitioner then sought help from her former physician, who signed the certificate, and Petitioner filed it on August 6, 1981. The Notice of Application Denial was dated July 25, 1981.
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 granting low income energy benefits to Petitioner. DONE and ORDERED this 7th 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 7th day of December, 1981. COPIES FURNISHED: Ms. Sue Kammer 2500 Howell Branch Road, #349 Winter Park, Florida 32792 Samuel P. Stafford, Esquire David H. Pingree, Secretary Department of HRS Attn: Susan B. Kirkland, Esquire 400 West Robinson Street, Department of HRS Suite 912 1323 Winewood Boulevard Orlando, Florida 32801 Tallahassee, Florida 32301
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
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 81-6 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 Rosa Jackson requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On July 7, 1981 Jackson, a black female who lives alone, filed a Household Application for low income energy assistance. She was notified on July 5, 1981 that the application must be accompanied by a Medical Certification for Cooling, and she was requested to submit the certificate that had been forwarded to her. She failed to file the certificate, and another form was forwarded to her on September 3, 1981. No medical certificate has been filed. Petitioner stated at the Hearing that she had intended to mail it but never did. She did not have the required medical certificate with her at the hearing.
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 4th day of December, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 4th day of December, 1981. COPIES FURNISHED: Ms. Rosa Jackson Route 5, Box 61 Elbert Lane Pensacola, Florida 32503 Jon 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 Mildred Moorer requested a hearing by a letter received in the office of Respondent on March 16, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner failed to appear at the scheduled hearing. On January 30, 1981 Moorer, 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 four (4) other persons, receives food stamps and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 25, 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. 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 failed to appear although she had more than 14 days' written notice of hearing. Respondent presented evidence (Respondent's Composite Exhibit 1) which showed that Petitioner had a total gross household monthly income of $784.00. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code and the applicable chart Petitioner Moorer's household income exceeds the income limit of $723.00 for a household of five (5) 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: Ms. Mildred Moorer 830 NW 43rd Street Miami, Florida 33127 Leonard Helfand, Esquire Department of HRS Room 1040, Rhode Building 401 NW 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, 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
