Findings Of Fact Petitioner Iris Mae Schornstein requested a hearing by a letter dated March 26, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 9, 1981 Schornstein, 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 receives food stamps, lives with her two (2) children and receives a bill for use of natural gas for heating. By Notice of Application Denial mailed March 24, 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 Respondent within 45 days of Petitioners application, and she was promptly notified of the reason for denial of benefits. Petitioner listed no income on her Household Application, stating she "had been receiving unemployment compensation but it recently ran out." Upon investigation by Respondent it was learned that the mother of Petitioner contributed money to Petitioner at regular intervals, and at an interview with the program worker Petitioner admitted that her mother had contributed $550.00 to her household during January, the month of Petitioner's application. Therefore, the application for assistance was denied after consultation with the program specialist who was the witness for Respondent. At the hearing the program worker was not present, but Petitioner presented a letter from her mother stating that the mother had given her daughter $500.00 for the month of January and did not expect repayment (Petitioner's Exhibit 1). Petitioner also gave sworn testimony that she received only $500.00 from her mother in January and that said money was her only income. Under Rule 10 CER 50-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Schornstein's household income limit is $519.00 for a household of three (3) persons.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be granted 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: Ms. Iris Mae Schornstein 2421 Pine Island Road Sunrise, Florida 33322 Harold L. Braynon, Esquire Department of HRS 201 West Broward Boulevard Fort Lauderdale, Florida 33301 Alvin J. Taylor, Secretary Attn: Susan H. 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 Jerry Pettit requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 9, 1981, Pettit, a white male who lives with four (4) other persons, 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 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 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. Pettit's monthly household income during the month of his application was $1,189.00.
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 5th day of November, 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 5th day of November, 1981. COPIES FURNISHED: Mr. Jerry E. Pettit Post Office Box 457 Niceville, Florida 32578 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
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), clone Energy Assistance Program; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Ruled 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner Phyllis Benson requested a hearing by a letter received in the office of Respondent on March 30, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On February 10, 1981 Benson, 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 one other person, receives food stamps and receives a bill for the use of electricity for heating. By Notice of Application Denial mailed February 23, 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. The action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of her benefits. Petitioner did not dispute the evidence presented by Respondent Department. but was convinced tic income limit by household size was unfair, particularly since part of her income was for overtime work and the cost of living has increased. Petitioner Benson's gross monthly household income is $545.69. Her gross monthly income without the amount she earned as overtime is $460.11.
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 2nd day of June, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer on of Administrative Hearings The Oakland Building 200 Apalachee Parkway Tallahassee, Florida 32301 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of June, 1981. COPIES FURNISHED: Ms. Phyllis Benson 3836 Nancy Street Jacksonville, Florida 32209 Leo J. Stellwagen, Esquire Department of HRS 5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Alvin J. Taylor, Secretary Attn: Susan H. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner's business activities include the sale of tangible personal property such as caskets and burial vaults. The written sales contract utilized by Petitioner sets forth the amount of sales tax and includes that sum in the total amount which the customer agrees to pay. The contracts are in the form of a note, containing a promise to pay, and were sold at discount by the Petitioner at certain times during the audit period. The contracts require a down payment and installment payments thereafter. The contracts further contain a clause allowing the customer three days in which to cancel the contract, under which circumstances the customer is reimbursed all moneys paid by him to Petitioner. Under Petitioner's retained- title, conditional-sale contract, if the customer cancels the contract or stops making payments at any time subsequent to the initial three-day period, Petitioner retains all sums which have been paid to it by the customer. Petitioner's business practice is to pay its salesmen commission from the down payment on a contract. Petitioner operates on the accrual method of accounting, and its sales tax liability is entered on its books at the time of the sale. Petitioner pays the total sales tax due at the time that it enters into the contract. When a contract is cancelled (after the initial three-day cancellation period), Petitioner claims a credit against its current liability for the full amount of sales tax charged on the transaction when it files its sales tax report for the month, even though at least the down payment, and frequently additional payments, has been collected from the customer. On audit, Respondent allowed full credit for the amount of sales tax when a contract had been cancelled within the three-day cancellation period, but disallowed that portion of the credits claimed which related to the down payments and installments which the Petitioner retained when a contract was cancelled after the three-day period. Respondent did allow, however, a credit for taxes attributable to the unpaid balance under each cancelled contract.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED THAT: The Department of Revenue enter its final order disallowing to Petitioner a credit for taxes attributable to amounts retained by it upon the cancellation of its installment sales contracts. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 29th day of May, 1980. LINDA M .RIGOT Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of May, 1980. COPIES FURNISHED: Ms. Cynthia Savage Comptroller Restlawn, Inc. 2600 Ribualt Scenic Dr Post Office Box 9306 Jacksonville, FL 32208 E. Wilson Crump, II, Esq. Assistant Attorney General Department of Legal Affairs The Capitol Tallahassee, FL 32301 John D. Moriarty, Esq. Deputy General Counsel Department of Revenue Room 104, Carlton Building Tallahassee, FL 32301 Mr. Randy Miller Executive Director Department of Revenue Room 102, Carlton Building Tallahassee, FL 32301
Findings Of Fact Petitioner Lenora Obremski requested a hearing by a letter received in the office of Respondent on February 25, 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 appeared at the second hearing. On January 17, 1981 Obremski, a white female, filed a Household Application for low income energy assistance. No one her household is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives with two (2) other persons, receives food stamps and receives a bill for use of liquid propane for heating. By Notice of Application Denial mailed February 6, 1981 Petitioner was informed that he was denied assistance for the reason that her monthly income exceeded the maximum income far a household of her size. Action as 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 after the procedure was explained but was convinced the income limit by household size was unfair, especially since her husband worked overtime and still made a small amount of money. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Obremski's household income of $550.40 exceeds the income limit of $519.00 for a household of three (3) 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 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. Lenora Obremski Star Route 6, Box 369-E Dunnellon, Florida 32630 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32671 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Fred A. Newman requested a hearing by a letter dated February 28, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner failed to appear at both the first and second scheduled hearings. On January 22, 1981 Newman, 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 one other person, receives food stamps and receives a bill for use of liquid propane 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. Tie 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 appear. Respondent presented avidence (Respondent's Composite Exhibit 1) which shows that Petitioner has a gross combined income of $428.00 per month. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Newman'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 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: Mr. Fred A. Newman RD 2, Box 214 (Mulberry Street, Lake Weir Village) Oklawaha, Florida 32679 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32672 Alvin J. Taylor, Secretary Attn: Susan B. Taylor, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact John E. Livingston applied for energy assistance on November 16, 1983. From the income shown on his application, Petitioner would be eligible for $84 in benefits. On December 28, 1983, Respondent mailed a letter to Petitioner requesting he present additional evidence to verify the VA compensation shown on his application. Due to some mix-up in the mail, this letter was not delivered to the mailing address of Petitioner until February 28, 1983. The letter was mailed to the address given by Petitioner as his mailing address. This address is the church at which Petitioner is assistant pastor and to which he goes daily. By notice dated February 1, 1984, Petitioner was notified that his application for assistance was denied because he had failed to present the additional information requested within 10 working days as required by rule. Petitioner then submitted his request for hearing.
Findings Of Fact Petitioner William E. Johnson requested a hearing by a letter received in the office of Respondent on February 27, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 14, 1981 Johnson, 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 electricity for heating. By Notice of Application Denial mailed February 17, 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 subsidy was to pay the high cost of energy. He stated that he wanted no food stamps or charity but needed help with doctor bills, plumbing bills and screens. He stated that "Uncle Sam" supports illegal aliens but our own people can't get a loan or helping hand. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Johnson's household 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 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 this 24th day of April, 1981. COPIES FURNISHED: Mr. William E. Johnson 1222 Northwest Fourth Avenue Fort Lauderdale, Florida 33311 Harold Braynon, Esquire Department of HRS 201 West Broward Boulevard Fort Lauderdale, Florida 33301 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 was properly denied home energy assistance.
Findings Of Fact Sometime during October or November, 1982, Petitioner obtained Respondent's application form for home energy assistance, at the Salvation Army office in Ocala, Florida, and subsequently mailed it to the Respondent's Ocala office. She received nothing further about her benefit from Respondent but did nothing about it until March, 1983, when she found out that people that she knew were getting their assistance. Since she had not received hers, she went to Respondent's office and inquired as to what happened. Petitioner was told by an unknown clerk at Respondent's office, who checked the records, that her application had not been received. An application for a different Pamela Perez, who possesses a different Social Security number and a different address had been received. By that time, however, the deadline for filing applications had expired and in fact, the program was being phased out. Petitioner is part of a family of four whose total monthly income would qualify it for benefits had the application been received on time. Respondent would not accept Petitioner's application when she came to their office in March, 1983, as the deadline established for accepting applications was December 27, 1982. Petitioner believes she submitted her application in a self-addressed envelope affixed to the form when she picked it up. No such envelope was affixed to the form by Respondent's personnel. Since Petitioner is not sure of this and Respondent denies furnishing the envelopes, I find that if the application was filed, it was in an envelope provided by Petitioner or someone else.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That the Department of Health and Rehabilitative Services deny Petitioner's application for low income energy assistance benefits. RECOMMENDED this 1st day of June, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of June, 1983. COPIES FURNISHED: Pamela Perez 5114 Southeast. County Highway 25 Belleview, Florida 32620 James Sawyer, Esquire District Counsel Department of HRS 2002 Northwest. 13th Street Gainesville, Florida 32601 Honorable David Pingree Secretary, Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner was properly denied home energy assistance as requested.
Findings Of Fact Petitioner is an 84-year-old unemployed homemaker whose entire and total income is a monthly Social Security payment of $300.04 and, periodically, when certain real property she owns is rented, a monthly rental check of $87.50. On December 23, 1982, because the property had not been rented for several months, Petitioner filled out and submitted a "Household Application for Home Energy Assistance" form at the Ocala, Florida, office of the Department of Health and Rehabilitative Services (HRS). On this form, she listed, inter alia, her household makeup (she, alone), her Social Security number, and the amount of income she had each month, including the usual rent which she was not getting at the time. On January 13, 1983, HRS sent Mrs. Roberson a form letter requesting further information. This information requested was the award letter from Social Security, telling the amount she was getting each month, and something telling the rent she received, signed by the tenant. She was to provide this information before January 27, 1983. Apparently, Petitioner did not understand the request, and no one from HRS contacted her other than by this form letter. Sometime thereafter, Petitioner went into the HRS office and filled out another application form thinking that was the information requested. No action was taken on the second application. In any event, the requested information was not submitted and, as a result, the application was denied. Petitioner's family size and income would qualify her for assistance had her response to the request for additional information been timely. All during the time the Low Income Energy Assistance Program was in operation in Ocala, HRS had at least 6 or 7 staff members in the office to help individuals fill out their application forms and to answer questions posed by applicants.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That the Department of Health and Rehabilitative Services deny Petitioner's application for low income energy assistance benefits. RECOMMENDED this 2nd day of June, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK 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 June, 1983. COPIES FURNISHED: Emily Roberson 2277 N. W. 12th Street Ocala, Florida 32675 James Sawyer, Esquire District Counsel Department of Health and Rehabilitative Services 2002 N.W. 13th Street Gainesville, Florida 32601 Mr. David Pingree Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
