No. 36319 (Repeal): Rule R195-7. Energy Assistance: Records and Benefit Management

(Repeal)

DAR File No.: 36319
Filed: 06/05/2012 11:00:41 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 139 (Department of Community and Culture Amendments) passed in the 2012 Legislative General session. The intent of this bill was to restructure the Department of Community and Culture into the new Department of Heritage and Arts, and to move the Home Energy Assistance Target (HEAT) program to the Department of Workforce Services (DWS). The purpose of this repeal is to remove this rule as the content is now under DWS. (DAR NOTE: The proposed new rule is R982-407 published in the June 1, 2012, issue of the Bulletin under DAR No. 36210.)

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Title 35A, Chapter 8

Anticipated cost or savings to:

the state budget:

There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.

local governments:

There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.

small businesses:

There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.

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

There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.

Compliance costs for affected persons:

There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.

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

There are no costs or savings associated with this proposed repeal. Responsibility for this program has been transferred to DWS which has filed a new replacement rule identical to this one.

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 801-526-9303756, by FAX at 801-526-9292, 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:

08/01/2012

This rule may become effective on:

08/15/2012

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. 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: March 26, 2012

Notice of Continuation: June 25, 2007

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

 

---