File No. 36313
This rule was published in the July 1, 2012, issue (Vol. 2012, No. 13) of the Utah State Bulletin.
Community and Culture, Home Energy Assistance Target (HEAT)
Rule R195-1
Energy Assistance: General Provisions
Notice of Proposed Rule
(Repeal)
DAR File No.: 36313
Filed: 06/05/2012 10:46:01 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
H.B. 139 (Department of Community and Culture Amendments) passed in the 2012 Legislative General session. The intent of this bill was to restructure the Department of Community and Culture into the new Department of Heritage and Arts, and to move the Home Energy Assistance Target (HEAT) program to the Department of Workforce Services (DWS). The purpose of this repeal is to remove this rule as the content is now under DWS. (DAR NOTE: The proposed new rule is R982-401 published in the June 1, 2012, issue of the Bulletin under DAR No. 36193.)
Summary of the rule or change:
This rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Title 35A, Chapter 8
Anticipated cost or savings to:
the state budget:
There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.
local governments:
There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.
small businesses:
There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.
persons other than small businesses, businesses, or local governmental entities:
There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.
Compliance costs for affected persons:
There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.
Julie Fisher, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Community and CultureHome Energy Assistance Target (HEAT)Room 500
324 S STATE ST
SALT LAKE CITY, UT 84111-2388
Direct questions regarding this rule to:
- Susan Kolthoff at the above address, by phone at 801-526-9303756, by FAX at 801-526-9292, or by Internet E-mail at skolthoff@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
08/01/2012
This rule may become effective on:
08/15/2012
Authorized by:
Michael Hansen, Deputy Director
RULE TEXT
[R195. Community and Culture, Home Energy Assistance Target
(HEAT).
R195-1. Energy Assistance: General Provisions.
R195-1-1. Purpose.
The Home Energy Assistance Target (HEAT) program serves
to provide assistance in meeting home energy costs for certain
low-income families and individuals.
R195-1-2. Authority.
The department shall require compliance with Title 9,
Chapter 12.
R195-1-3. Definitions.
1. The following definitions apply to R195-1 through
R195-8:
a. "Applicant" means any person requesting
assistance under the program discussed.
b. "Assistance" means payments made to
individuals under the program discussed.
c. "Assistance unit" or "household"
means any individual or group of individuals who are living
together as one economic unit and for whom residential heating is
customarily purchased in common or who make payments for heat in
the form of rent.
d. "Department" means the Department of
Community and Culture.
e. "Recipient" or "client" means any
individual receiving assistance under the program
discussed.
f. "Confidential information" means information
that has limited access as provided in Section 63G-2.
g. "HEAT" means Home Energy Assistance Target
program.
h. "IRS" means Internal Revenue
Service.
i. "Moratorium" means a period of time in which
involuntary termination for nonpayment by residential customers
of essential utility bills is prohibited.
j. "Vulnerability" means having to pay a home
heating cost.
R195-1-4. Client Rights and Responsibilities.
1. Any client may apply or reapply at any time for the
HEAT program by completing and signing an application and turning
it in at the correct office.
2. If the client needs help to apply, help will be given
by the local HEAT office staff.
3. HEAT workers will identify themselves.
4. The client will be treated with courtesy, dignity and
respect.
5. Verification and information will be requested clearly
and courteously.
6. If the client must be visited after working hours, an
appointment will be made.
7. The client's home will not be entered without
permission.
8. Clients may have an agency conference to talk about
their case.
9. Clients may look at information concerning their case
except confidential information.
10. Anyone may look at a copy of the program manuals
located at any local HEAT office or the State energy Assistance
Lifeline web site.
11. The client must give complete and correct information
and verification.
12. The client must immediately report any address change
while under the protection of the moratorium.
13. The client is responsible for repaying any
overpayments of assistance.
R195-1-5. Information.
The department shall require compliance with
63G-2.
1. Client may review and copy anything in their case
record unless it is confidential.
a. The Client requests for release of information shall
be in writing and include:
i. the date;
ii. the name of the person receiving the
information;
iii. the time period covered by the information.
b. Information classified as confidential shall not be
used in a hearing.
c. Information classified as confidential shall not be
used to close, deny or reduce benefits.
d. Clients may copy information from their file. Up to
ten pages are free. If the client wants more than ten copies, the
client must pay the cost of making the extra copies.
e. The client cannot take the case record from the
office.
2. Releasing information to sources other than the
client.
a. Information will not be released when it is to be used
for a commercial or political purpose.
b. The client's permission will be obtained before
sharing any information regarding their case record.
i. Information may be released without the client's
permission if the outside source making the request has
comparable rules for safeguarding information.
ii. Information may be released in an emergency. The
director or designee will decide what constitutes an
emergency.
3. Information released without the client's
permission.
a. Information, with the exception of confidential
information, may be released without the clients permission when
that information is to be used in:
i. The administration of any federal or state
means-tested program.
ii. Any audit or review of expenditures in connection
with the HEAT or Moratorium program.
iii. Any investigation, prosecution, criminal or civil
proceeding connected with the administration of the HEAT or
Moratorium programs.
4. If a case file is subpoenaed by an outside source, the
State HEAT Program Manager is contacted immediately. The State
Program manager will consult with the legal counsel for the
Department of Community and Culture.
R195-1-6. Complaints and Conciliation.
1. Complaints
a. The client may make a complaint in person, by phone,
or in writing to the local HEAT office.
b. Complaints shall be resolved as quickly as
possible.
c. Responses to complaints shall be made in person, by
phone or in writing.
2. Conciliation
a. The agency conference will be the conciliation
mechanism.
b. Some or all of the following steps may be involved in
the agency conference:
i. Contacting the client to identify the issue and
barriers which may be preventing client progress.
ii. Reviewing and explaining rules which apply to the
issues. These include rules about client rights and
responsibilities.
iii. Exploring any alternative actions which may resolve
the issues.
c. If the client fails to respond, or chooses not to
cooperate in this process, documentation in the case file of
attempts made to follow these steps will be considered as
compliance with the requirement to attempt conciliation.
R195-1-7. Hearings.
The department shall require compliance with Title
63G-4.
1. Current Departmental Practices:
a. The department conducts hearings informally.
b. Hearings are held before a state agency.
c. Hearings may be conducted by telephone when the
applicant or recipient agrees to the procedure.
d. Requests for a hearing must be in writing. Only a
clear expression by the claimant to the effect that they want an
opportunity to present their case is required.
e. The applicant or recipient has the option of appealing
a hearing decision to either the director of the Department or to
the District Court.
f. Final administrative action shall be taken within 90
days from the request for the hearing unless the client asks for
a postponement of a scheduled hearing. The period of postponement
can be added to the 90 days.
KEY: client rights, hearings, confidentiality of
information
Date of Enactment or Last Substantive Amendment: March 26,
2012
Notice of Continuation: September 9, 2011
Authorizing, and Implemented or Interpreted Law: 9-12-10]
Additional Information
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For questions regarding the content or application of this rule, please contact Susan Kolthoff at the above address, by phone at 801-526-9303756, by FAX at 801-526-9292, or by Internet E-mail at skolthoff@utah.gov.