DAR File No. 38718

Workforce Services, Administration

Rule R982-407

Energy Assistance: Records and Benefit Management

Notice of Proposed Rule

(Amendment)

DAR File No.: 38718
Filed: 07/29/2014 04:52:35 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:

The only main change to this rule is to simply the process for replacing missing HEAT checks to reflect current practice.

State statutory or constitutional authorization for this rule:

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

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.

R982-407. Energy Assistance: Records and Benefit Management.

R982-407-1. Records Management.

[1.](1) Documentation of the eligibility decision and amount of HEAT assistance is kept in the household's HEAT folder in the local HEAT office or in the SEALWorks computer system. Every person who completes an application shall have a case record.

[2.](2) HEAT case records shall not be removed from the local HEAT Office except by subpoena or request of the State HEAT Office (SHO) or in accordance with the Archives Schedule.

 

R982-407-2. Notification.

[1.](1) The local HEAT office shall provide all HEAT applicants with a written notice of any action that affects the amount, form, or requirements of the assistance.

[2.](2) Written notice shall include an explanation of the action, the reason for the action, and the effective date of the action. The notice shall also include an explanation of the applicant's hearing rights and how to file a hearing if the applicant is not satisfied with the decision on the case.

 

R982-407-3. Checks.

[1.](1) All HEAT payments to clients or vendors are issued by check.

[2.](2) If the payee dies before endorsing the check, the local Heat Office director or designee may authorize another person to endorse the check to use it on behalf of the payee or other person in the case.

[3.](3) Lost or stolen HEAT checks.

[a.](a) The client must report a lost or stolen check within [29 days]one year of the issuance date. A check that is reported lost or stolen [30 days or ]more than one year after the issuance date will not be replaced.

[b.](b) The client [may report this by telephone or in person]must complete and sign a Lost Check Replacement Form and send it to the State HEAT Office for processing in order to have a check re-issued.

[c. When a report is received, the HEAT worker or supervisor should review all office information (payroll, energy screens, case file, etc) to verify the information.

d. A replacement HEAT check which is lost or stolen after the payee receives it will not be issued.

]

KEY: energy assistance, benefits, government documents, state HEAT office records

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

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