As in effect on June 1, 2008
The Home Energy Assistance Target (HEAT) program serves to provide assistance in meeting home energy costs for certain low-income families and individuals.
The department shall require compliance with Title 9, Chapter 12.
1. The following definitions apply to R195-1 through R195-8:
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 Community and Culture.
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 Section 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.
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.
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.
The department shall require compliance with 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, legal counsel for the department will ask the court to disallow the confidential information from the case record.
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.
The department shall require compliance with Title 63G-4.
1. Current Departmental Practices:
a. The department 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 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.
client rights, hearings, confidentiality of information
1987
October 31, 2006
9-12-10
Rule converted into HTML by the Division of Administrative Rules.
For questions regarding the content or application of rules under Title R195, please contact the promulgating agency (Community and Culture, Home Energy Assistance Target (HEAT)). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html.
For questions about the rulemaking process, please contact the Division of Administrative (801-538-3764). Please Note: The Division of Administrative Rules is not able to answer questions about the content or application of these rules.
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