DAR File No. 38714

Workforce Services, Administration

Rule R982-401

Energy Assistance: General Provisions

Notice of Proposed Rule

(Amendment)

DAR File No.: 38714
Filed: 07/29/2014 04:25:17 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Home Energy Assistance Target (HEAT) program rules are being updated to reflect changes made in federal regulations and changes to the Utah HEAT Program policies and procedures.

Summary of the rule or change:

These changes reflect current practice, state law, and regulation. There are no significant changes to the HEAT program or how it operates.

State statutory or constitutional authorization for this rule:

• Subsection 35A-1-104(4)
• Section 35A-8-1403
• Section 35A-1-104

Anticipated cost or savings to:

the state budget:

This is a federally-funded program and there are no substantive changes which will impact the costs of the program so there are no costs or savings to the state budget.

local governments:

This is a federally-funded program and there are no substantive changes which will impact the costs of the program so there are no costs or savings to any local government.

small businesses:

This is a federally-funded program and there are no substantive changes which will impact the costs of the program so there are no costs or savings to any small business.

persons other than small businesses, businesses, or local governmental entities:

There will be no costs to persons other than small businesses, businesses or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes.

Compliance costs for affected persons:

There are no compliance costs for this change to anyone, including persons affected by this change.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business.

Jon Pierpont, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Administration
140 E BROADWAY
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@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:

09/15/2014

This rule may become effective on:

09/22/2014

Authorized by:

Jon Pierpont, Executive Director

R982. Workforce Services, Administration.

R982-401. Energy Assistance: General Provisions.

R982-401-1. Purpose.

The Home Energy Assistance Target (HEAT) program serves to provide assistance in meeting home energy costs for certain low-income families and individuals.

 

R982-401-2. Authority.

These rules are authorized by Section 35A-8-1403.

 

R982-401-3. Definitions.

[1. ]The following definitions apply to R982-401-1 through R982-401-8:

[a.](1) "Applicant" means any person requesting assistance under the program discussed.

[b.](2) "Assistance" means payments made to individuals under the program discussed.

[c.](3) "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.](4) "Department" means the Department of Workforce Services.

[e.](5) "Recipient" or "client" means any individual receiving assistance under the program discussed.

[f.](6) "Confidential information" means information that has limited access as provided in Chapter 63G-2.

[g.](7) "HEAT" means Home Energy Assistance Target program.

[h.](8) "IRS" means Internal Revenue Service.

[i.](9) "Moratorium" means a period of time in which involuntary termination for nonpayment by residential customers of essential utility bills is prohibited.

[j.](10) "Vulnerability" means having to pay a home heating cost.

 

R982-401-4. Client Rights and Responsibilities.

[1.](1) Any client may apply or reapply for HEAT assistance any time during the HEAT season, which runs from November 1 to April 30 or until funds run out whichever comes sooner,[at any time for the HEAT program] by completing and signing an application and turning it in at the [correct]the applicant's local HEAT office.

[2.](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.]Clients will be notified of eligibility decisions in writing and will be provided with a reason if denied.

[7.](3) The client's home will not be entered without permission.

[8.](4) Clients may [have]contact a supervisor or manager to resolve a dispute.[ an agency conference to talk about their case.]

[9.](5) Clients [may look at information concerning their case except confidential information]have the right to have confidential, personal information safeguarded.

[10.](6) 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.](7) The client must give complete and correct information and verification.

[12.](8) The client must immediately report any address change while under the protection of the moratorium.

[13.](9) The client is responsible for repaying any overpayments of assistance.

 

R982-401-5. Information.

(1)  The department [shall require compliance]will comply with with Chapter 63G-2.

[1.](2) Client may review and copy anything in their case record unless it is confidential or information obtained by a third party.

[a.](a) The Client requests for release of information shall be in writing and include:

[i.](i) the date;

[ii.](ii) the name of the person receiving the information;

[iii.](iii) the time period covered by the information.

[b.](b) Information classified as confidential shall not be used in a hearing.

[c.](c) Information classified as confidential shall not be used to close, deny or reduce benefits.

[d.](d) Clients may request a copy of 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.](e) The client cannot take the case record from the office.

[2.](3) Releasing information to sources other than the client.

(a) If the client wants information released to an authorized representative, the representative must be designated in writing by the client.

[a.](b) Information will not be released when it is to be used for a commercial or political purpose.

[b.](c) The client's permission will be obtained before sharing any information regarding their case record.

[i.](i) Information may be released without the client's permission if the outside source making the request has comparable rules for safeguarding information.

[ii.](ii) Information may be released in an emergency. The director or designee will decide what constitutes an emergency.

[3.](4) Information released without the client's permission.

(a[.]) Information, with the exception of confidential information, may be released without the client 's permission when that information is to be used in:

[i.](i) The administration of any federal or state means-tested program.

[ii.](ii) Any audit or review of expenditures in connection with the HEAT or Moratorium program.

[iii.](iii) Any investigation, prosecution, criminal or civil proceeding connected with the administration of the HEAT or Moratorium programs.

[4.](5) 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 Housing and Community Development Division (HCD).

 

[R982-401-6. 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.

 

]R982-401-7. Hearings.

[The department shall require compliance with Chapter 63G-4.

1. Current HCD practices:

a. HEAT 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, his or her designee 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.]Department rules R986-100-122 through R986-100-133 and rule R986-100-135 apply to the HEAT program including any alleged overpayment except all requests for a fair hearing on a HEAT issue must be in writing.

 

KEY: client rights, hearings, confidentiality of information

Date of Enactment or Last Substantive Amendment: [July 9, 2012]2014

Authorizing, and Implemented or Interpreted Law: 35A-8-1403