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 R982-402. Energy Assistance Programs Standards.

As in effect on August 1, 2019

Table of Contents

R982-402-1. Opening and Closing Dates for HEAT Program.

(1) Each November 1, or the first working day thereafter, the HEAT Program opens for the general population.

(2) The HEAT Program closes the following April 30, or the last business day of the month, or when federal LIHEAP funds are exhausted, whichever comes first. If federal LIHEAP funds are yet available, the program may be extended beyond April 30 and through to September 30 with the approval of the State HEAT Program Manager. Applications taken on or before the program closing date may be processed after the program closing date. If funds are exhausted before all applications are processed, notice of non-payment will be sent to the remaining unprocessed applications.

R982-402-2. U.S. Residence.

(1) To be eligible for HEAT assistance, a person must meet at least one of the criteria for US residence listed below:

(a) Be a US born or naturalized citizen as evidenced by any document verifying the individual was born in the US or naturalization papers.

(b) Be lawfully admitted into the US for permanent residence as evidenced by a valid U. S. Citizenship and Immigration Services (USCIS) Permanent Resident Card (form I-551).

(c) Be lawfully admitted into the US with a valid USCIS Employment Authorization Card (form I-766) with one of the following categories: A3, A4, A5, A10, C11, C25, RE1, RE2, RE3, RE4, RE5.

(d) Be lawfully admitted into the US with a valid USCIS Arrival/Departure Record (Form I-94) with a Customs and Border Protection endorsement stamp marked with one of the following: I-551, 203A7, 207, 208, 212D5, RE1, RE2, RE3, RE4, RE5.

(e) Be lawfully admitted into the US with a valid USCIS Approval Notice (Form I-797A) issued with one of the following classes: I-551, 203A7, 207, 208, or 212D5, RE1, RE2, RE3, RE4, RE5.

(2) Persons not eligible to participate in the HEAT program are:

(a) Persons who hold a USCIS 1-94 who are admitted as temporary entrants.

(b) Persons who have none of the documents listed in subsection 1 of this section or whose documents are expired.

R982-402-3. Utah Residence.

There is no length of residency requirement. Individuals must be living in Utah voluntarily and not for a temporary purpose.

R982-402-4. Local Residence.

(1) Native American Residents of Daggett, Duchesne, and Uintah Counties who are enrolled in any federally recognized Indian Tribe have a choice of applying for utility assistance through the state HEAT program or through the Ute Tribal LIHEAP Program. Clients cannot receive assistance from both programs in the same program year.

(2) Native American Residents of Washington, Iron, Millard, and Sevier Counties have a choice of receiving utility assistance through the state HEAT program or through the Paiute Tribal LIHEAP Program. Clients cannot receive assistance from both programs in the same program year.

(3) Residents living on the Navajo Indian Reservation in San Juan County may apply for utility assistance through the Navajo Tribe or through the State HEAT Program. They cannot receive assistance through both programs in the same program year.

R982-402-5. Vulnerability.

(1) Households that are responsible for paying home heating costs are considered vulnerable.

(2) The following households are considered responsible for home heating costs:

(a) Households who are presently paying heating costs directly to energy suppliers on currently active accounts.

(b) Households who are currently paying energy costs indirectly through rent.

(3) Residents in the following households are not considered responsible for home heating costs and are not eligible for HEAT assistance:

(a) Nursing homes;

(b) Hospitals;

(c) Prisons and jails;

(d) Institutions;

(e) Alcoholism and drug treatment centers;

(f) Group homes administered under a contract with a government agency or administered by a government agency;

(g) Households not connected to a heat source;

(h) Households whose utility bills are paid regularly by an outside party;

(i) Automobiles;

(j) Tents.

R982-402-7. Social Security Numbers.

(1) Verification of Social Security Numbers is required for all household members.

(2) There are four ways to provide a correct SSN. The client can submit one of these three documents.

(a) An official SSN card

(b) Official documents from Social Security Administration including award letters, benefit checks or a Medicare card

(c) An SSA receipt form 5028 or 2880.

(d) Official document from another government agency.

R982-402-8. Eligible HEAT Household.

(1) Household members need not be related.

(2) Multiple dwellings including duplexes and apartment buildings are considered separate households.

(3) If the HEAT benefit, combined with other available funds, will not prevent shut-off, or reconnect a utility that has already been disconnected, the household will be denied.

R982-402-9. Age and Emancipation.

Household members 18 years of age or older or emancipated are considered adults. A child can be emancipated by age, marriage or court order.

R982-402-10. Weatherization Referrals.

Participation in the weatherization program is not a condition of eligibility for HEAT.

R982-402-11. HEAT Crisis Assistance.

(1) A crisis exists when a household faces a sudden or unexpected event beyond its control resulting in the inability to pay household heating costs. A crisis may be caused by:

(a) unexpected increase in medical costs;

(b) sudden loss of job, public benefits, or other income;

(c) malfunction of heating equipment;

(d) other circumstances that may pose a potential health and/or safety threat

(2) Circumstances that do not necessarily qualify as a crisis include:

(a) chronic non-payment of utility/fuel costs

(b) unexplained or excessively high utility/fuel costs

(c) payments that will create a credit balance on a utility account, payments on utility accounts previously sent to a collection agency or capital improvements to rental property

(d) other situations which are not sudden, unexpected, or beyond the control of the household.

(3) To be eligible for HEAT crisis assistance, a household must be eligible for HEAT during the same HEAT program year.

(a) If the local office determines that a household is in a crisis situation, is eligible to receive HEAT crisis assistance and has written notice from the Division of Public Utilities that the residence has "life supporting equipment", HEAT crisis assistance will be provided within 18 hours. Regular HEAT crisis assistance will be provided within 48 hours of eligibility determination.

(b) The HEAT supervisor or designee must approve all expenditures.

(c) HEAT payments are issued to the vendor. If propane or wood is used as a heating source, or if the state does not have a contract with the vendor, the percentage of benefit attributable to that heating source can be paid directly to the client.

(d) HEAT crisis payments are limited to a maximum of $500 per household per utility (e.g. gas and electric) per HEAT program year unless prior approval for an amount larger than $500 per utility is obtained from the supervisor or state office.

R982-402-12. Supplemental Programs.

Households that qualify for HEAT assistance may also receive supplemental payments from other utility programs, such as "Reach", "Lend-A-Hand", and Catholic Community Services utility fund.

R982-402-13. Security Deposits.

(1) A PSC regulated utility is required to waive the security deposit requirement for all Heat and Moratorium clients during the period of the Moratorium. Monies received by a regulated utility from third-party sources, including monies provided by HEAT, REACH, CONCERN or similar programs, shall not be applied to the security deposit.

(2) If the company has signed a HEAT contract, the company has agreed not to charge a security deposit to a HEAT client from November 15th through March 15th. This does not apply to the service initiation fees that are routinely charged as a condition of service.

R982-402-14. Consumer Complaints.

(1) Consumer complaints against a PSC regulated utility should be referred to the Public Service Commission.

(2) Consumer complaints against a non regulated utility should be referred directly to the individual utility company.

R982-402-15. Credit Balances on Utility Accounts.

(1) If the household discontinues service with their utility supplier, and the household so elects, the disconnecting supplier will forward any HEAT credit balance remaining on the account to the household's new utility company. The new utility company must operate in Utah. The household must furnish, to the disconnecting utility supplier, the name and address of the new utility company within 30 days after termination of service.

(2) Utility companies may refund credit balances to clients who still reside in Utah if a new Utah address is provided within 30 days after termination of service. Otherwise, the credit balance shall be refunded to the HEAT Program.

(3) In no case shall HEAT credit balances be forwarded to utility companies not operating in Utah or to clients no longer residing in Utah.

(4) If the client fails to give the disconnecting utility company the information necessary to transfer or refund the credit balance, the utility company can hold the credit balance for an additional 30 days. If reconnection with the same utility has not occurred, any remaining credit balance must be refunded to the HEAT program.

(5) Once credit balances are refunded to the HEAT program they become part of the general HEAT budget and are redistributed in the form of benefits to additional eligible households.

KEY

energy assistance, residency requirements, opening and closing dates, HEAT

Date of Enactment or Last Substantive Amendment

August 11, 2015

Notice of Continuation

June 28, 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.