No. 36193 (New Rule): Rule R982-401. Energy Assistance: General Provisions

(New Rule)

DAR File No.: 36193
Filed: 05/15/2012 02:58:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 139 which was passed in the 2012 General Session moved the Division of Housing and Community Development, Home Energy Assistance Target (HEAT) from what was known as the Department of Community and Culture (DCC) to the Department of Workforce Service (DWS). This proposed new rule simply changes the rule numbering and moves it to DWS.

Summary of the rule or change:

This new rule text is the same as the old rule. The old rule number was R195-1 and will now be R982-401. The statutory references have been changed to reflect the new code provisions. The old department and division names were also changed to reflect the changes in H.B. 139. No other changes were made.

State statutory or constitutional authorization for this rule:

• Section 35A-8-1403

Anticipated cost or savings to:

the state budget:

There will be no costs or savings to the state budget by this new rule because the rule already existed and any costs or savings were as a result of H.B. 139 and not this new rule.

local governments:

There will be no costs or savings to any local government's budget by this new rule because the rule already existed and any costs or savings were as a result of H.B. 139 and not this new rule.

small businesses:

There will be no costs or savings to any small business by this new rule because the rule already existed and any costs or savings were as a result of H.B. 139 and not this new rule.

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

There will be no costs or savings to any persons other than small businesses, businesses or local government entitles by this new rule because the rule already existed and any costs or savings were as a result of H.B. 139 and not this new rule.

Compliance costs for affected persons:

There will be costs or savings to any affected persons by this new rule because the rule already existed and any costs or savings were as a result of H.B. 139 and not this new rule.

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

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business.

Kristen Cox, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Administration
140 E BROADWAY
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, 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:

07/02/2012

This rule may become effective on:

07/09/2012

Authorized by:

Kristen Cox, Executive Director

RULE TEXT

R982. Workforce Services, Administration.

R982-401. Energy Assistance: General Provisions.

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.

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

a. "Applicant" means any person requesting assistance under the program discussed.

b. "Assistance" means payments made to individuals under the program discussed.

c. "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.

d. "Department" means the Department of Workforce Services.

e. "Recipient" or "client" means any individual receiving assistance under the program discussed.

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

g. "HEAT" means Home Energy Assistance Target program.

h. "IRS" means Internal Revenue Service.

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

j. "Vulnerability" means having to pay a home heating cost.

 

R982-401-4. 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.

 

R982-401-5. Information.

The department shall require compliance with Chapter 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, 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).

 

R982-401-6. Complaints and Conciliation.

1. Complaints

a. The client may make a complaint in person, by phone, or in writing to the local HEAT office.

b. Complaints shall be resolved as quickly as possible.

c. Responses to complaints shall be made in person, by phone or in writing.

2. Conciliation

a. The agency conference will be the conciliation mechanism.

b. Some or all of the following steps may be involved in the agency conference:

i. Contacting the client to identify the issue and barriers which may be preventing client progress.

ii. Reviewing and explaining rules which apply to the issues. These include rules about client rights and responsibilities.

iii. Exploring any alternative actions which may resolve the issues.

c. If the client fails to respond, or chooses not to cooperate in this process, documentation in the case file of attempts made to follow these steps will be considered as compliance with the requirement to attempt conciliation.

 

R982-401-7. Hearings.

The department shall require compliance with Chapter 63G-4.

1. Current HCD practices:

a. HEAT conducts hearings informally.

b. Hearings are held before a state agency.

c. Hearings may be conducted by telephone when the applicant or recipient agrees to the procedure.

d. Requests for a hearing must be in writing. Only a clear expression by the claimant to the effect that they want an opportunity to present their case is required.

e. The applicant or recipient has the option of appealing a hearing decision to either the director of the Department, his or her designee or to the District Court.

f. Final administrative action shall be taken within 90 days from the request for the hearing unless the client asks for a postponement of a scheduled hearing. The period of postponement can be added to the 90 days.

 

KEY: client rights, hearings, confidentiality of information

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 9-12-10; 35A-8-1403

 

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