Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant factual findings. On November 27, 1984, Petitioner filed an application for assistance and benefits under the Low Income Home Energy Assistance Program (LEAP). Her application was timely reviewed by Linda Peterson, an analyst with the Respondent who is involved with the processing of applications received under the LEAP program. (Respondent's Composite Exhibit 1) Petitioner's application revealed that she received $435 during the month of November 1984, the month of her application for benefits under the LEAP program. By written notice dated February 6, 1985, Petitioner was advised that her application for assistance under the LEAP program was denied in accordance witch Chapter 409.026 and .508, Florida Statutes, and Rules 10C- 29.05, .09 and .13, Florida Administrative Code. Specifically, she was advised that her gross cash income received was $435 and that the maximum monthly income limit for her household during the month of application was $415. As stated, Petitioner, or a representative on her behalf, did not appear at the hearing.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent, Department of Health and Rehabilitative Services, enter a final order denying Petitioner's application for assistance under the Low Income Home Energy Assistance Program. RECOMMENDED this 28th day of June, 1985, in Tallahassee, Florida. JAMES E. BRADWELL 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 28th day of June, 1985.
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 Sidney Darden requested a hearing by a letter received in the office of Respondent on March 20, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 28, 1981 Darden, 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 in his apartment applied for the low income energy assistance. He lives in a fully subsidized housing project and receives a bill for use of electricity. By Notice of Application Denial mailed February 26, 1981 Petitioner was informed that his household was not vulnerable to rising heating costs. list of Housing Projects for Duval County, District 04, Housing Urban Development, shows that the project in which Petitioner lives pays the heating fuel (gas) and includes it in the rent which has not increased in 1981. At the hearing Petitioner did not dispute the evidence submitted by Respondent Department but explained that he or his mother paid the electric bill and that a fan operated by electricity was necessary to circulate the gas heat provided for his apartment and, without electricity, his apartment was cold. 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 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: Mr. Sidney Darden 2806 Maplewood Drive, Number 1 Jacksonville, Florida 32206 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
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 Robert William Stewart requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 17, 1981 Stewart, a white male who lives with his wife, filed a Household Application for low income energy assistance. He was notified on July 15, 1981 that the application must be accompanied by a Medical Certification for Cooling showing that his health condition or the health condition of his wife was life-threatening without cooling. No medical certificate has been filed to show a life-threatening condition, and in fact the medical certificate filed shows the statement relative to a life-threatening condition requiring cooling was purposefully blotted out before the physician signed the certificate.
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 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. Robert W. Stewart 7532 Thelma Way, #8 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 Ruby Campbell requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On July 8, 1981 Campbell, a white female who lives alone, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. By Notice of Application Denial Petitioner was informed that she was denied assistance for the reason that her medical statement indicated her medical condition did not require cooling in order to prevent "life threatening" adverse effects. The action was taken within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. The medical practitioner who signed the Medical Certification for Cooling, HRS (temp.) Form 137, crossed out the words "life threatening" before he signed the form which indicated that Petitioner has a spinal cord injury and hypertension. Petitioner did not dispute the evidence presented by Respondent Department but felt that the doctor should not have crossed out the words "life threatening" inasmuch as her home is very hot in the summer, a condition corroborated by her witnesses.
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 The Oakland Building 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: Mrs. Ruby Campbell Post Office Box 382 Williston, Florida 32696 Joseph E. Hodges, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Square Gainesville, Florida 32601 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 81-6 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
Findings Of Fact The Petitioner timely applied on November 30, 1984 for home energy assistance under the Low-Income Home Energy Assistance Program as authorized by Title XXVI of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35). Petitioners' only income was "unearned income" which was their monthly social security benefit payments which totalled $561.00. No monthly medicare premiums were deducted from Petitioners' monthly social security payments. The Respondent in calculating Petitioners' verified monthly income added a total of $29.20 back into Petitioners' total monthly income of $561.00 for an adjusted total verified monthly income of $590.20. On April 10, 1985 Respondent officially notified Petitioners that the monthly income of $590.20 exceeded the monthly income limit ($560.00) for their household. Respondent upon discovering that medicare premiums were not deducted from Petitioners' monthly social security payments readjusted Petitioners' total verified household income to $561.00. Petitioners agree that their verified monthly income during the month of application was $561.00. The monthly income limit for a household the size of Petitioners' as determined under Rule lOC-29.13, Florida Administrative Code is $560.00. Petitioners had no excludable income. Other than exceeding the monthly income limit of $560.00 for household the size of Petitioners', the Petitioners were eligible for assistance under the Low-Income Home Energy Assistance Program.
Recommendation Based upon the findings of facts and conclusions of law recited herein, it is RECOMMENDED that the Respondent enter Final Order denying the Petitioners' application for assistance under the Low-Income Home Energy Assistance Program. Respectfully submitted and entered this 19th of August, 1985, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 August, 1985. COPIES FURNISHED: Harold Braynon, Esq. HRS District Ten Legal Counsel 201 West Broward Boulevard Fort Lauderdale, FL 33301-1885 Charles V. and Helen Tokarski 6804 N.W. 29th Street, Lot 1, Block 32 Margate, FL 33063 Susan Kirkland, Esq. Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, FL 32301 David Pingree Secretary 1323 Winewood Boulevard Tallahassee, FL 32301 ================================================================ =
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
Findings Of Fact Petitioner, Lola Mae Jones, filed an application for home energy assistance with respondent, Department of Health and Rehabilitative services, on December 16, 1953. In her application, Jones gave her address as Route 6, Box 334, Marianna, Florida and listed herself, her eleven year old daughter and her mother, Jesse Wynn, as members of the household. At about the same time, Jessie Wynn also filed an application for home energy assistance giving the same home address as petitioner. The mother's application listed Lola Mae, the eleven year old daughter and petitioner's brother, Otto, as members of the household. Otto, giving a different address, also filed an application which was eventually approved by the Department. Department regulations provide that only one application per household can be approved. In the event more than one is filed, the earliest application will be approved, assuming that all other eligibility requirements have been met. Department representatives in Marianna who processed the applications were understandably confused as to who actually lived in the household, and accordingly, sent Lola Mae a "request for information" on December 19, 1983. The request for information contained a deadline date of January 3, 1984 and asked that Lola Mae and Jessie Wynn visit the district office in Marianna as soon as possible or the application would be denied. Lola Mae's application did not give a telephone number, and therefore the representatives were unable to follow up their request for information with a telephone call. Because of an argument with her mother, Lola Mae could not get her mother to visit the district office. She did not make any other effort to furnish the requested information until January 16, 1984 when she finally visited the district office. Upon being told she had failed to comply with the January 3 deadline, and that her application was being denied, she initiated the instant proceeding. Department rules provide that when applications are incomplete, or additional information is required, such information must be furnished within ten working days unless an extension of time is requested by the applicant; otherwise, the application will be denied. The energy assistance program ended around January 3, 1984. By that time, some 2,170 applications had been processed in Jackson County. All workers who were temporarily hired to process applications were terminated on January 5, 1984.
Recommendation Based on the foregoing bindings of fact and conclusions of law, it is RECOMMENDED that the application of Lola Mae Jones for home energy assistance be DENIED. DONE and ENTERED this 1st day of March, 1984, 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 1 day of March, 1984. COPIES FURNISHED: Lola Mae Jones Route 6, Box 334 Marianna, Florida 32446 John L. Pearce, Esquire 2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303 David Pingree Secretary Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 32301
Findings Of Fact Petitioner Bertha Mae Flynn requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 23, 1981 Flynn, a black female who lives with two other people, filed a Household Application for low income energy assistance. She was notified 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. No medical certificate was filed. 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 11th 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: Ms. Bertha Mae Flynn 3060 North 15th Avenue 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, squire 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 Andrew J. McAlexander requested a hearing and, after the required informal conference with a supervisor in the Respondent Department, requested a formal hearing. On June 16, 1981 McAlexander, a white male who lives with one (1) other person, filed a Household Application for low income energy assistance together with the required Medical Certification for Cooling. By Notice of Application Denial dated July 10, 1981 Petitioner was informed that he was denied assistance for the reason that his monthly household income exceeded the maximum income limits for a household of his size. The 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 felt that assistance should have been based on need. Petitioner McAlexander's monthly household income during the month of his application was $572.40.
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 his 15th 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 15TH day of December, 1981. COPIES FURNISHED: Mr. Andrew J. McAlexander 1130 North Davis Avenue Lakeland, Florida 33805 Anthony N. DeLuccia, Jr., Esquire Department of HRS 8800 Cleveland Avenue, South Post Office Box 06085 Fort Myers, Florida 33907 David H. Pingree, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
