Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R982. Workforce Services, Administration.

Rule R982-401. Energy Assistance: General Provisions.

As in effect on August 1, 2019

Table of Contents

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.

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

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

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

(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.

(4) "Department" means the Department of Workforce Services.

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

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

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

(8) "IRS" means Internal Revenue Service.

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

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

R982-401-4. Client Rights and Responsibilities.

(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, by completing and signing an application and turning it in at the the applicant's local HEAT office.

(2) If the client needs help to apply, help will be given by the local HEAT office staff. Clients will be notified of eligibility decisions in writing and will be provided with a reason if denied.

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

(4) Clients may contact a supervisor or manager to resolve a dispute.

(5) Clients have the right to have confidential, personal information safeguarded.

(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.

(7) The client must give complete and correct information and verification.

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

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

R982-401-5. Information.

(1) The department will comply with with Chapter 63G-2.

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

(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 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) The client cannot take the case record from the office.

(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.

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

(c) 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.

(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) 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.

(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).

R982-401-7. Hearings.

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

October 1, 2014

Notice of Continuation

July 6, 2017

Authorizing, Implemented, or Interpreted Law

35A-8-1403


Additional Information

Contact

For questions regarding the content or application of rules under Title R982, please contact the promulgating agency (Workforce Services, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.