R982-401. Energy Assistance: General Provisions, R982. Workforce Services, Administration, Utah Administrative Code

Utah Administrative Code (Current through November 1, 2019)

R982. Workforce Services, Administration

R982-401. Energy Assistance: General Provisions

R982-401-1. Purpose

Latest version.

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

Latest version.

These rules are authorized by Section 35A-8-1403.

R982-401-3. Definitions

Latest version.

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

(1) "Applicant" means any person requesting assistance under the program discussed.

(2) "Assistance" means payments made to individuals under the program discussed.

(3) "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.

(4) "Department" means the Department of Workforce Services.

(5) "Recipient" or "client" means any individual receiving assistance under the program discussed.

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

(7) "HEAT" means Home Energy Assistance Target program.

(8) "IRS" means Internal Revenue Service.

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

(10) "Vulnerability" means having to pay a home heating cost.

R982-401-4. Client Rights and Responsibilities

Latest version.

(1) Any client may apply or reapply for HEAT assistance any time during the HEAT season, which runs from November 1 to April 30 or until funds run out whichever comes sooner, by completing and signing an application and turning it in at the the applicant's local HEAT office.

(2) If the client needs help to apply, help will be given by the local HEAT office staff. Clients will be notified of eligibility decisions in writing and will be provided with a reason if denied.

(3) The client's home will not be entered without permission.

(4) Clients may contact a supervisor or manager to resolve a dispute.

(5) Clients have the right to have confidential, personal information safeguarded.

(6) Anyone may look at a copy of the program manuals located at any local HEAT office or the State energy Assistance Lifeline web site.

(7) The client must give complete and correct information and verification.

(8) The client must immediately report any address change while under the protection of the moratorium.

(9) The client is responsible for repaying any overpayments of assistance.

R982-401-5. Information

Latest version.

(1) The department will comply with with Chapter 63G-2.

(2) Client may review and copy anything in their case record unless it is confidential or information obtained by a third party.

(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.

(d) Clients may request a copy of 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.

(3) Releasing information to sources other than the client.

(a) If the client wants information released to an authorized representative, the representative must be designated in writing by the client.

(b) Information will not be released when it is to be used for a commercial or political purpose.

(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.

(4) Information released without the client's permission.

(a) Information, with the exception of confidential information, may be released without the client's 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.

(5) 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).

R982-401-7. Hearings

Latest version.

Department rules R986-100-122 through R986-100-133 and rule R986-100-135 apply to the HEAT program including any alleged overpayment except all requests for a fair hearing on a HEAT issue must be in writing.