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This rule is repealed in its entirety.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 Culture
Home 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

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2012/b20120701.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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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.