No. 35403 (Amendment): Rule R195-1. Energy Assistance: General Provisions

(Amendment)

DAR File No.: 35403
Filed: 11/02/2011 09:27:21 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule change is subsequent to the division reviewing the rule to coincide with the Home Energy Assistance Target (HEAT) manual.

Summary of the rule or change:

The changes update the rule to coincide with the HEAT manual.

State statutory or constitutional authorization for this rule:

• Section 9-12-10

Anticipated cost or savings to:

the state budget:

No incremental change in cost. The agency is bringing the rule into line with the HEAT manual.

local governments:

No incremental change in cost. The agency is bringing the rule into line with the HEAT manual.

small businesses:

No incremental change in cost. The agency is bringing the rule into line with the HEAT manual.

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

No incremental change in cost. The agency is bringing the rule into line with the HEAT manual.

Compliance costs for affected persons:

No incremental change in cost. The agency is bringing the rule into line with the HEAT manual.

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

No fiscal impact on the business.

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 801-538-8756, by FAX at 801-538-8888, or by Internet E-mail at [e-mail]

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:

01/03/2012

This rule may become effective on:

01/10/2012

Authorized by:

Michael Hansen, Deputy Director

RULE TEXT

R195. Community and Culture, Home Energy Assistance Target (HEAT).

R195-1. Energy Assistance: General Provisions.

R195-1-4. 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, [legal counsel for the department will ask the court to disallow the confidential information from the case record.]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.

 

KEY: client rights, hearings, confidentiality of information

Date of Enactment or Last Substantive Amendment: [1987]2012

Notice of Continuation: September 9, 2011

Authorizing, and Implemented or Interpreted Law: 9-12-10

 

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