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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2016-00318


CCR details

Tracking Number 2016-00318
Type of Filing Permanent Rule
Department 500,1008,2500 Department of Human Services
Agency 2503 Income Maintenance (Volume 3)
CCR Number 9 CCR 2503-7
CCR Title OTHER ASSISTANCE PROGRAMS

Proposed rule

Notice Filed with SOS 06/29/2016
Rule ProposedRuleAttach2016-00318.pdf
Statutory Authority 26-1-107, C.R.S. (2015); 26-1-109, C.R.S. (2015); 26-1-111, C.R.S. (2015); 26-2-122.5, C.R.S. (2015); 26-2-104(2) (a), (b), C.R.S. (2015); 40-8-5-101, C.R.S. (2015); 40-8-7-101, C.R.S. (2015), et seq; 40-8.7-109; C.R.S. (2015); 40.89.7-112(1) (2015)
Description of Subjects/Issues "The Low Income Energy Assistance Program (LEAP) is reviewed annually for updates that may be needed for the next benefit season, beginning November 1st. New rule changes proposed are: Revising language to require counties to determine eligibility in 30 calendar days from receipt of application for regular cases to align with the C-Stat goal. Revising a rule that requires counties to pend emergency cases within 2 calendar days from receipt of the application and ten calendar days for regular cases. Adding a rule to identify the penalties associated with misuse of the EBT card at an identified prohibited location to implement H.B. 15-255. Adding in-kind income to the earned income rule. This provision was inadvertently left out when Section 3.200 was transferred to LEAP rules for the 2014-2015 program year. Adding income exclusion for one time supplemental payments to align with other programs. Adding a code to deny a case when an applicant has been convicted of fraud. Updating the income requirements based on the federal poverty level guidelines and the flat rates used for benefit calculations. Revise and clarify language to assure consistency based on the review and recommendations from LEAP county stakeholders. These rule changes align case processing timelines with C-Stat goals and provide streamlined and consistent processes to provide the framework for counties to better serve clients."
Purpose/Objective of Rule The Low Income Energy Assistance Program (LEAP) is reviewed annually for updates that may be needed for the next benefit season, beginning November 1st. New rule changes proposed are: Revising language to require counties to determine eligibility in 30 calendar days from receipt of application for regular cases to align with the C-Stat goal. Revising a rule that requires counties to pend emergency cases within 2 calendar days from receipt of the application and ten calendar days for regular cases. Adding a rule to identify the penalties associated with misuse of the EBT card at an identified prohibited location to implement H.B. 15-255. Adding in-kind income to the earned income rule. This provision was inadvertently left out when Section 3.200 was transferred to LEAP rules for the 2014-2015 program year. Adding income exclusion for one time supplemental payments to align with other programs. Adding a code to deny a case when an applicant has been convicted of fraud. Updating the income requirements based on the federal poverty level guidelines and the flat rates used for benefit calculations. Revise and clarify language to assure consistency based on the review and recommendations from LEAP county stakeholders. These rule changes align case processing timelines with C-Stat goals and provide streamlined and consistent processes to provide the framework for counties to better serve clients.
Basis And Purpose BasisAndPurposeAttachment2016-00318.doc
Regulatory analysis RegulatoryAnalysisAttachment2016-00318.doc
Comments 16-5-11-2
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 08/05/2016
Hearing Time 10:00 AM
Hearing Location 1575 Sherman Street, Denver, CO 80203
Contact Name Aggie Berens
Contact Title Rule Author
Contact Telephone 303-861-0337
Contact email aggie.berens@state.co.us

Adopted rule

Adopted Rules AdoptedRules02016-00318.doc
Redline Redline2016-00318.doc
Adopted Date 09/09/2016
AGO requested date 09/14/2016
Attorney General Opinion 09/23/2016
Colorado Register publication date 10/10/2016
Effective Date 11/01/2016
Inserted into CCR 10/21/2016