No. 35408 (Amendment): Rule R195-7. Energy Assistance: Records and Benefit Management

(Amendment)

DAR File No.: 35408
Filed: 11/02/2011 09:30:20 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 in line with the HEAT manual.

local governments:

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

small businesses:

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

Compliance costs for affected persons:

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

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

No fiscal impact to 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).

R195-7. Energy Assistance: Records and Benefit Management.

R195-7-1. Records Management.

1. Documentation of the eligibility decision and amount of HEAT assistance is kept in the household's HEAT folder in the local HEAT office. Every person who completes an application shall have a case record.

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.

 

R195-7-2. Notification.

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. 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.

 

R195-7-3. Checks.

1. All HEAT payments to clients or vendors are issued by check.

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. Lost or stolen HEAT checks.

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

b. The client may report this by telephone or in person.

c. [Lost checks will be replaced after five mailing days from the issuance date.]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: [January 12, 2005]2012

Notice of Continuation: June 25, 2007

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

 

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