Tracking# 2012-00448
FA/P 7/13/12, eff. 9/15/12 

I:/12032601.rtf
(I/12032601.doc)

(9 CCR 2503-1) 

[Note: statement of basis and purpose has been incorporated with Tracking# 2012-00456 (#12-1-3-1).] 

**************

(9 CCR 2503-1  to new 9 CCR 2503-7) 

Instructions: replace lines 2220024 through 2220044.] 
3.750  LOW-INCOME ENERGY ASSISTANCE PROGRAMS
3.750.1  AUTHORITY
3.750.11  Low-Income Home Energy Assistance Act [Rev. eff. 11/1/84] 
Programs authorized under the Low-Income Home Energy Assistance Act include a Basic Program and a Crisis Intervention Program. 
3.750.12  Intent of the Basic Program [Rev. eff. 9/15/12] 
The Basic Program is intended to help meet winter home heating costs of households composed of low-income families and individuals. 
3.750.13  (None) [Rev. eff. 9/15/12] 
3.750.14  (None) [Rev. eff. 2/1/12] 
3.750.15  Funding [Rev. eff. 9/1/11]
This program is federally and privately funded and is subject to availability of funds. If funds are increased, decreased or become unavailable, the services provided herein shall be increased, decreased or terminated accordingly.
3.751  GENERAL PROVISIONS
3.751.1  Definitions [Rev. eff. 9/15/12]
"Applicant": The person who completes and signs the basic LEAP application form. This is also the only household member who is required to provide proof of lawful presence as defined in these rules.
"Bulk Fuel": Bulk fuel is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil.
"Completed Application": A basic LEAP application shall be considered to be a completed application when:
A.  The applicant has provided an adequate response to all application questions which are necessary to determine eligibility and payment level;
B.  The applicant has provided all required verification. A Social Security Number (SSN) for each household member or proof of application for a SSN must be provided. A SSN is required to determine eligibility. If no SSN is provided for a household member, that member will not be included in the household, but the member’s income will be counted;
C.  The application is signed;
D.  The applicant has provided proof of lawful presence in the United States (see Section 3.140.11).
"Date of Application": For purposes of the Low-Income Energy Assistance Programs, the date of application shall be the date an application form that contains a legible name and address is received by the county department.
"Disabled or Handicapped": For purposes of the Low-Income Energy Assistance Programs, the term disabled or handicapped means persons who receive vocational rehabilitation assistance; Social Security disability, SSI, AB, AND, veterans disability payments, or who provide a physician's statement which indicates incapacity to engage in substantial gainful employment. This definition may be different for other public assistance programs.
"Elderly": For the purposes of these rules, the term elderly means aged 60 or over.
"Eligibility Period": There shall be one eligibility period for the Basic Low-Income Energy Assistance Programs from November 1st through April 30th. If April 30th for a particular calendar year falls on a holiday or weekend, then the eligibility period shall be extended until midnight the next business day. This program is contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48. 

====

Instructions: replace lines 2220063 through 2220079.] 
"Program Year": The term program year means from November 1st through April 30th for the Basic Program. If April 30th for a particular calendar year falls on a holiday or weekend, then the eligibility periods shall be extended until midnight the next business day. This program is contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48.
"Public Assistance Income": For purposes of verifying income under the Low-Income Energy Assistance Programs, the term public assistance income shall mean income received from the following types of Department of Human Services programs:
A.  Colorado Works;
B.  OAP (Old Age Pension, both the SSI-supplement and State-only groups);
C.  AND (Aid to the Needy Disabled, both the SSI-supplement and State-only groups);
D.  AB (Aid to the Blind, both the SSI-supplement and State-only groups);
E.  NCRA (Non-Categorical Refugee Assistance);
F.  SSDI (Social Security Disability Insurance) for clients on another state program, such as a Medicaid waiver or buy in program.
"Subsidized Housing": Subsidized housing means housing in which a tenant receives a governmental or other subsidy (e.g., assistance provided by a church) and the amount of rent paid is based on the amount of the tenant's income. 
"Supportive Fuel": Supportive fuel is an energy source needed to operate the primary heating system in a residential setting, such as electricity as a supportive fuel required to operate a natural gas furnace.
"Traditional Dwelling": Traditional dwelling means a structure that provides a housing or residential environment that is affixed to a permanent physical address.
"Vendor": A vendor is an individual, a group of individuals, or a company who is regularly in the business of selling fuel (bulk or non bulk) to customers for residential home heating purposes.
3.751.2  (None) 
3.751.3  NON DISCRIMINATION POLICIES/RIGHT AND OPPORTUNITY TO APPLY
3.751.31  Non-Discrimination [Rev. eff. 9/15/12] 
Non-discrimination policies as outlined in this rule manual shall apply to all households applying for the Basic Program . 

**************

Instructions: replace lines 2220088 through 2220150.] 
3.751.4  NOTICE AND HEARINGS
3.751.41  Timely and Adequate Notice [Rev. eff. 9/15/12] 
The requirements for providing timely and adequate notice of proposed actions and opportunity for hearings and appeals are as provided in the chapter on "Administrative Procedures" in this rule manual except as specifically provided in the rules governing the Basic Program. 
3.751.42  Denials [Rev. eff. 9/15/12] 
Notices of denial shall advise the applicant of the reason for the denial, the regulation citation relied on by the county department, and appeal rights and procedures. For advance payments of the Basic Program, notices of denial shall advise the applicants of their right to a forthwith hearing. 
3.751.43  Request for a State Level Fair Hearing [Rev. eff. 9/15/12] 
County departments shall notify the State LEAP office in writing within seven (7) days upon receipt of a request for a State level fair hearing by an applicant on Basic Program. See Sections 3.850.1 – 3.850.56 of this rule manual. 
3.751.5  RECOVERY AND FRAUD PROCEDURES
3.751.51  Recoveries [Rev. eff. 9/15/12] 
County departments must institute recoveries to ensure that Basic Program benefits do not exceed the maximum amounts described in these rules. Recovery procedures shall be the same as in adult program rules as described in the "Administrative Procedures" Chapter or as otherwise specified in these rules. (Note: Sections 3.810.13, 3.810.14, and 3.810.32 do not apply to LEAP.)
3.751.52  Determination of Recovery of Overpayment [Rev. eff. 10/1/01]
When overpayments, made directly to the client, have been verified by the county department, a determination as to whether recovery is appropriate shall be made within fifteen (15) calendar days after receipt of reports issued by the State Department designed to assist county departments in identifying and correcting such payments.
3.751.53  Definition of Overpayment [Rev. eff. 9/15/12]
Overpayment of Basic Program benefits shall mean a household has received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with these rules.
3.751.54  Establishment of Recovery [Rev. eff. 11/1/08] 
Recoveries shall be established for households that have received program benefits and are subsequently determined to be ineligible or which received benefit amounts greater than the household was entitled to for the eligibility period.
3.751.55  Recovery Procedures [Rev. eff. 12/1/07] 
Recovery proceedings shall be handled in accordance with the procedures described in the "Administrative Procedures" chapter of this rule manual when applicable. (Note: Sections 3.810.73 through 3.810.75 do not apply to LEAP.)
3.751.6  REPORTING AND MONITORING
3.751.61  Reporting
All recoveries shall be reported to the State Department at the conclusion of the program year.
3.751.62  Reports and Fiscal Information [Rev. eff. 11/1/98]
County departments shall provide the State Department with reports and fiscal information as deemed necessary by the State Department.
3.751.63  Monitoring [Rev. eff. 11/1/98]
The State Department shall have responsibility for monitoring programs administered by the county departments based on a monitoring plan developed by the State Department. Such plan shall include provisions for programmatic and local reviews and methods for corrective actions.
3.751.7  REIMBURSEMENT AND SANCTIONS
3.751.71  Reimbursements [Rev. eff. 9/15/12] 
Subject to allocations as determined by the State Department, county departments shall be reimbursed up to 100% for all allowable costs incurred for the operation of the Basic Program, outreach, and other administrative costs.
3.751.72  Sanctions [Rev. eff. 9/15/12] 
County departments which fail to follow the rules of the Basic Program shall be subject to administrative sanctions as determined by the State Department (see 11 CCR 2508-1). 
3.752  LOW-INCOME ENERGY ASSISTANCE PROGRAMS: BASIC PROGRAM
3.752.1  APPLICATION PERIOD [Rev. eff. 9/15/12]
To apply for LEAP, the general public shall submit a written State prescribed application form (IML-4) during the period of November 1st through April 30th. If April 30th for a particular calendar year falls on a holiday or weekend, then the eligibility periods shall be extended until midnight the next business day. These programs are contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48. The county department shall accept all application forms that are received or postmarked during the application period. Facsimile copies of completed application forms shall be accepted as valid. Preference shall be given to application forms received from public assistance households (such as Colorado Works, OAP, AND, AB, and NCRA). Such applications received prior to November 1st shall be accepted and may be processed; however, eligibility shall not be effective until November 1st. Application forms received or postmarked after the closing date shall be denied. Eligibility will be determined based on the applicant's circumstances on the date the application is received by the county department. Although applications may be accepted and processed earlier, the effective date of application shall not be before November 1st.
3.752.2  PROGRAM ELIGIBILITY REQUIREMENTS
3.752.21  [Rev. eff. 10/1/09]
To be determined eligible for a Basic Program payment, households must, at time of application, be vulnerable to the rising costs of home heating, and meet income and other requirements of the program as defined in these regulations. 
The following factors shall be considered as of the date of application: Colorado state residency, U.S. citizenship/alien status, lawful presence, income, vulnerability, fuel type, household composition, shared living arrangements, and estimated home heating costs.
3.752.22  Income and Household Size Criteria [Rev. eff. 9/15/12]
A.  For purposes of determining a household's eligibility, income shall be the countable gross income in any four (4) weeks of the eight (8) weeks prior to application, which best represents the applicant’s current income situation.
B.  Determining Monthly Income
If a household member is paid less than monthly, the county department shall determine gross monthly income by:
1.  Weekly/Bi-Weekly Income
a.  Weekly Income
Adding four gross weekly income amounts to obtain total monthly income.
b.  Bi-Weekly Income
Adding two gross bi-weekly income amounts to obtain total monthly income.
2.  Semi-Monthly Income
Adding gross semi-monthly income amounts to obtain total monthly income.
3.  Partial Month Income
a.  Terminated Income
If a household member's income is terminated as of the application date, use actual income received/expected for the application month. 
b.  Earned Income
If a household member has a new source of earned income as of the application date, use projected income for the month.
c.  Unemployment/Other Unearned Income
If a household member has not received his/her first check from this source of income as of the application date, do not count any income from this source. If the household member has received the first check from this source of income as of the application date, use projected income for the month.
C.  All applicant households whose countable income for the eligibility period is up to 185% of the poverty level, shall meet the income requirements for the Basic Program. The State Department shall adjust the income limits annually based on funds available and the federal poverty guidelines published in the Federal Register applicable at the time of application; no later editions or amendments are included. By September 1st of each year, that information shall be made available to the county departments through an agency letter. The federal poverty guidelines may be examined by contacting the Colorado Department of Human Services, Director of the Low-Income Energy Assistance Program, 1120 Lincoln Street, Suite 1007, Denver, Colorado 80203; at a state publications depository library; or on the federal web site at: http://aspe.hhs.gov/poverty.
D.  Income shall be treated in accordance with the rules as contained in the Resources and Income chapter of this staff manual pertaining to the adult programs.
E.  Households which have been denied basic benefits and have had changes in circumstances may reapply.
3.752.23  Income Exclusions [Rev. eff. 9/15/12]
The following exclusions and income calculation procedures shall be applied to household gross income:
A.  Payments or benefits excluded as defined in the General Resource and Income Exemption Section of the "Resources and Income" chapter in this staff manual at Section 3.200.4, except that the following sections do not apply: 3.200.32; 3.240.16, B-F; 3.240.41; 3.250.14; 3.250.15. 

===
**************

Instructions: replace lines 2220201 through 2220202.] 
3.754  REASONS FOR DENIAL OF ASSISTANCE
3.754.1  FACTORS FOR DENIAL [Rev. eff. 9/15/12]

===
**************

Instructions: replace lines 2220216 through 2220222.] 
M.  The applicant failed to provide valid identification; 3.140.11, B, 1 (05).
N.  The applicant failed to provide an affidavit; 3.140.11, B, 2 (08).
O.  The applicant failed to provide valid identification; 3.140.11, B, 1, and the applicant failed to provide an affidavit; 3.140.11, B, 2 (18).
P.  Non-traditional dwelling; 3.751.1 (23).
Q.  The household does not reside at the address for which it applied to receive benefits; 3.752.26 (24). 
R.  LEAP can only assist with the primary heating fuel for the primary heating source; 3.751.1 (22). 
S.  The applicant household refused a bulk fuel delivery, thereby relinquishing the benefit; 3.751.54 (28). 
(*Note: The rule citation is shown followed by the denial reasons which are to be used when coding the worksheet and data entering into the computer system.) 

**************

Instructions: replace lines 2220292 through 2220297.] 
3.756.2  ADVANCE PAYMENT OF THE BASIC PROGRAM BENEFIT (applicable only when a signed Vendor Agreement has not been secured) [Rev. eff. 9/15/12]
A.  A shut-off notice or other documentation of intent to terminate heating services by the heating supplier or landlord or that termination of service has occurred; or,
B.  For households that use bulk fuel, a written declaration by the household that the fuel supply has been or will be depleted within the next two weeks and the specific amount needed to maintain heat in the home until payroll runs.
C.  Eviction notice, and a written statement from the landlord that the client will not be evicted for thirty (30) days if request for advance of the payment is accepted.
For purposes of advance payment, notices of denial shall advise the applicants of the reason for denial, appeal rights and procedures including, but not limited to, a hearing. 

**************

[Instructions: replace lines 1414603 through 1414685; delete sections 3.760-3.760.53.] 
3.760  (NONE) [Rev. eff. 9/15/12] 

**************