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 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 Christie Neilsen requested a hearing by a letter written on March 25, 1981. After the required informal conference with a supervisor in respondent Department Petitioner requested a formal hearing. On January 15, 1981 Neilsen, a white male, filed a Household Application for low in home 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 his wife and receives a bill for use of kerosene for heating. By Notice of Application Denial mailed February 10, 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 the application, and Petitioner 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 price of fuel has increased. Under Rule 10 CER 80-11.D7, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Neilsen'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. Christie Neilsen 1136 Winthrop 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 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 Mildred C. Lunsford requested a formal hearing by a letter dated August 24, 1981 subsequent to the required informal conference with a supervisor in the Respondent Department. On July 15, 1981 Lunsford, a white female who lives alone, filed a Household Application for low income energy assistance together with the required Medical Certification for Cooling. By Notice of Application Denial dated August 11, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly household income exceeded the maximum income limits for her household 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 does not dispute the evidence presented by Respondent Department but feels that assistance should have been based on need. She testified that others in her situation had been granted benefits and she felt this was unfair, but she refused to present any evidence to verify this testimony. Petitioner Lunsford's monthly household income during the month of her application was $318.00.
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 8th day of October, 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 8th day of October, 1981. COPIES FURNISHED: Ms. Mildred C. Lunsford 621 Alpha Avenue Tallahassee, Florida 32301 John L. Pearce, Esquire Department of HRS 2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32301 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue The issue presented for decision herein concerns the appeal by the Respondent Department of Health and Rehabilitative Services' denial of low energy assistance benefits to the Petitioner.
Findings Of Fact Based upon my observation of the witnesses and their demandor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact. Mrs. Borbala Batu submitted an application for home energy assistance to the Department of Health and Rehabilitative Services on November 26, 1983. (Respondent's Exhibit 1) On December 22, 1983, Respondent advised Petitioner by letter that in order to determine her eligibility for energy assistance, Petitioner must submit written verification of her income room 551 by providing a statement from that office; verification of cash from relatives or others for November, 1983 by providing a statement from the source, all of which must be received by Respondent on or before January 9, 1984. In that directive, Petitioner was further advised that she should call Respondent's Home Energy Unit Payments Worker, Bijan Jamkhu. (Respondent's Exhibit 2) Petitioner failed to respond to the request for verification of the additional information requested by Respondent and, by letter dated February 8, 1984, Respondent advised Petitioner that her application for assistance under the low income home energy assistance program was being denied pursuant to Sections 409.026 and 409.508, Florida Statutes, and Rules 10C-29.11 and 29.15, Florida Administrative Code. (Respondent's Exhibit 3) Respondent was able to independently determine that the Petitioner was receiving an amount ranging from $189 to $209 per month in 851 benefits. Upon independently learning of this amount, Respondent confronted Petitioner with that information and Petitioner reluctantly acknowledged that she was receiving benefits in the above amount. Further, Petitioner, through her spokesman, represents that Petitioner suffers from a language barrier and was unable to provide the information as requested by Respondent. In this regard, an examination of the documentary evidence herein reveals that the Petitioner submitted a completed application in detail and was advised by Respondent in the letter seeking additional information dated December 22, 1983 that Petitioner should call her Home Energy Unit payments Worker respecting her incomplete application. Based thereon, it is factually concluded that the Petitioner was not suffering from a language barrier to the point wherein she was unable to provide the requested information.
Recommendation Based on the foregoing findings of fact and conclusions of law, Petitioner's appeal of Respondent's denial of her application for low income' home energy assistance benefits be DENIED. RECOMMENDED this 24th day of May, 1984, in Tallahassee, Florida. JAMES E. BRADWELL Hearings 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, 1984. COPIES FURNISHED: Harold Braynon, Esquire District Legal Counsel 201 West Broward Boulevard Ft. Lauderdale, Florida 33301 Borbala Batu 3100 West Rolling Hills Circle, Apt. 310 Davie, Florida 33328 David Pingree Department of Health & Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
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
Findings Of Fact The Petitioner, Michele Ann Matlock, applied for low income home energy assistance payments by an application filed with the Department of Health and Rehabilitative Services at its New Port Richey service center on November 15, 1983. After reviewing the application and determining that additional verification was needed, the Department requested additional verification of the Petitioner's income on November 16, 1983. According to the testimony of a Department employee, this verification was delivered by hand at the time the application was received; however, this testimony was not based on personal recollection but upon the fact that the copy of the letter bore no address. The Petitioner did not receive the Department's letter requesting additional verification of income. The time stamp reveals the application was received on November 15, 1983. The date of the letter of request was November 16, 1983. Clearly, the Department's letter was not contemporaneous with the receipt of the application. On December 8, 1983, the Department denied the Petitioner's application and found her ineligible for participation in the Low Income Home Energy Assistance Program because it had not received a reply to its letter of November 16, 1983. The Petitioner testified at hearing that her husband earned $640 per month (four weeks) during the period of eligibility determination. Petitioner, her husband, and her two children receive food stamps, live in Zone 4, heat with electricity, and constitute a family of four.
Recommendation Because the Petitioner did not actually receive the Department's letter requesting additional information, it is recommended that the Petitioner's application for Low Income Home Energy Assistance Program benefits be redetermined based upon the income figures and family size provided in paragraph six of the Findings of Fact, supra. DONE and RECOMMENDED this 6th day of June, 1984, 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 6th day of June, 1984. COPIES FURNISHED: Ms. Michele Ann Matlock 2990 Fourth Avenue, Apt. #56 Hudson, Florida 3567 Carol M. Wind, Esquire Department of Health and Rehabilitative Services 2255 East Bay Drive Clearwater, Florida 33546 David M. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Burkhardt Beck requested a hearing and, after the required informal conference with a supervisor in the Respondent Department, requested a formal hearing. On June 5, 1981 Beck, a white male who lives with three (3) other people, filed a Household Application for low income energy assistance together with the required Medical Certification for Cooling. By Notice of Application Denial mailed July 17, 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 Beck's monthly household income during the month of his application was $649.50.
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 14th day of October, 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 14th day of October, 1981. COPIES FURNISHED: MR. BURKHARDT BECK 2972 SARDINIA AVENUE SPRINGHILL, FLORIDA 33526 JOSEPH E. HODGES, ESQUIRE DEPARTMENT OF HRS 2002 NORTHWEST 13TH STREET OAK PARK EXECUTIVE SQUARE GAINESVILLE, FLORIDA 32601 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 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 Petitioners are 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 Petitioners Clara and Carolyn Sellers requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 18, 1981 Petitioners, white females who live together, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. By Notice of Application Denial Petitioners were informed that they were denied assistance for the reason that their monthly household income exceeded the maximum income limits for their household size. The 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 felt that assistance should have been based on need, as the current necessary to operate their cooling system is more than they can afford to pay. The Sellers' monthly household income during the month of their application was $516.00.
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 Petitioners. 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: Clara and Carolyn Sellers Route 1, Box 199-5 Jay, Florida 32565 David H. Pingree, Secretary Jon W. Searcy, Esquire Attn: Susan B. Kirkland, Esquire Department of HRS Department of HRS 160 Governmental Center Building One, Room 406 Post Office Box 12836 1323 Winewood Boulevard Pensacola, Florida 32576 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
