R982-408-1. Moratorium

  The department shall require compliance with Section 35A-8-1501.

  (1) The moratorium program protects eligible persons from winter utility shut offs.

  (2) A household can apply for moratorium protection only one time per utility per program year.

  (3) The protection of the Moratorium lasts from November 15 through the following March 15.

  The Department has the option of beginning The Moratorium program earlier or extending it later when severe weather conditions warrant such action.

  (4) The moratorium applicant must:

  (a) Be the adult residential account holder, or the adult resident applying for service. A residential utility customer is any adult person who has an account with a utility or any adult who is applying for residential utility service;

  (b) Be living at the address where Moratorium protection is needed;

  (c) Have a termination notice from the utility company or have been refused service if the utility is not active;

  (d) Have been approved for HEAT;

  (e) Have applied for assistance through the Salvation Army; and

  (f) Have made a good faith effort to pay their utility bill on a consistent basis during the moratorium

  (5) In addition the applicant must meet at least one of the following criteria:

  (a) have a gross household income in the month of, or the month prior to the month of the moratorium application must be less than 125% of the federal poverty limit;

  (b) have suffered a medical or other emergency in either the month of application or the month prior to the month of application;

  (c) have suffered a loss of employment in either the month of application or the month prior to the month of application; or

  (d) have suffered a 50% drop in income in either the month of application or the month prior to the month of application.

  (5) Required Verification

  (a) All factors of eligibility must be verified.

  (b) It is the applicant's responsibility to obtain acceptable verification.

  (c) If the household refuses to obtain the required verification and refuses to assist the local HEAT office in obtaining the verification, the moratorium application will be denied.

  (6) Good Faith Payment Effort

  (a) Each month during the moratorium the household must pay the utility company at least 5% of the gross income received in the month prior to the month of the moratorium application, unless the home is heated by electricity.

  (b) If the home is heated by electricity the household must pay the utility company at least 10% of the gross income received in the month prior to the month of application.

  (c) The minimum allowed monthly payment is $5.00 even if the client has no income in the month prior to the month of application.

  (7) In order to activate the moratorium, including the restoration of service to those households which are shut off, the first good faith payment is due at the time of application. Payments for subsequent months are due on or before the last day of each month.

  (8) For clients who defaulted during a previous Moratorium season the default payment is due before the client is eligible for protection under the current moratorium.

  (a) When a client defaults on a moratorium application, the client is not eligible for moratorium protection on that particular utility for the remainder of that moratorium season.

  (b) The client must pay the amount of any previous defaulted payment before they are eligible for the moratorium.

  (c) When a utility company notifies the HEAT office of a client default, the HEAT office will notify the client that of the default.

  (9) Regulated companies operating in Utah are subject to the Moratorium with the exception of the Mexican Hat Association.