Tracking# 2011-00307
FA/P 7/8/11, eff. 9/1/11

I:/11040401.rtf
(I:/11040401.doc)

(9 CCR 2503-1) 

[Instructions: insert the following two paragraphs before line ) 1699530.] 
Revisions of Sections 3.600.12, 3.711.11, 3.903, 3.904.1, 3.907, 3.913, 3.916.1, 3.919, 3.921, and 3.922, and addition of Section 3.908.1 were final (permanent) adoption at the 7/8/2011 State Board rule-making session, with an effective date of 9/1/2011 (Rule-making#s 11-2-16-1 and 11-4-18-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration.
Revisions of sections 3.140.12, 3.750.15, 3.751.1, 3.751.33, 3.752.1, 3.752.22, 3.752.23, 3.752.26-3.752.28, 3.754.1, 3.755.11, 3.755.13, 3.755.21, 3.755.42, 3.755.6, 3.756.11, 3.756.2, 3.757.11-3.757.12, 3.758.32, 3.758.47, 3.758.48, 3.760.16, and 3.760.43; and, deletion of Section 3.758.17 were final adoption following publication at the 7/8/2011 State Board rule-making session, with an effective date of 9/1/2011 (Rule-making#s 11-4-4-1 and 11-4-4-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration. 

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

[Instructions:  replace lines 1414212 through 1520090.]
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. 9/1/11]
"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.   Eff  12/01/2007
“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. The furnace repair/replacement component of the Crisis Intervention Program shall operate year round. All other components of the Crisis Intervention Program shall operate from November 1st through April 30th. These programs are contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48. 
“Emergency Applicant”: This is a household which has had heat service discontinued or is threatened with discontinuance, or is out of fuel or will run out of fuel within fourteen calendar days. Applications for households in these situations shall be processed expeditiously and the emergency addressed within fourteen calendar days of notification of the emergency by the applicant to the county department. 
===

[Instructions:  replace lines 1414238 through 1414253.]
"Non-Traditional Dwelling": A non-traditional dwelling means a structure that provides housing that is not affixed to a permanent physical address, including, but not limited to, cars, vans, buses, tents and lean-tos. 
“Point in Time”: Point in time indicates that eligibility is determined by accounting for the circumstances of the household on the date of the application, regardless of any changes thereafter. 
“Poverty Level”: The term poverty level as used in these rules describes federal guidelines updated annually by the U.S. Department of Health and Human Services. The guidelines, printed in the Federal Register, establish minimum subsistence income levels by household size.   Eff  12/01/2007
“Primary Heating Fuel”: The primary heating fuel is the main type of fuel used to provide heat within the dwelling. When heat (such as natural gas and/or electric) is included in the rent, this may be reflected as “utilities” included in rent. 
“Primary Heating Source”: The primary heating system that provides heat to the dwelling such as a furnace, wood burning stove or boiler. Temporary or portable heating sources are not considered a primary heating source. 
“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. The furnace repair/replacement component of the Crisis Intervention Program shall operate year round. All other components of the Basic and Crisis Intervention Program shall operate November 1st through April 30th. These programs are 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. 
"Safe Indoor Temperature": A temperature that is maintained by the dwelling's primary heating system to prevent endangering the life, health, or safety of the household members. A LEAP contractor shall make an on-site determination as to whether there is safe indoor temperature in the dwelling and, if not, shall make a recommendation to LEAP regarding repairs necessary to bring the dwelling to a safe indoor temperature. LEAP will make the final determination as to the level of repairs to be authorized under these conditions. 
“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.   Eff  12/01/2007
"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.   Eff  12/01/2007
"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.   Eff  12/01/2007

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

[Instructions:  replace lines 1414260 through 1414261.]
3.751.33  Interpreters [Rev. eff. 9/1/11]
An interpreter shall be available to assist persons known to the Department to be non-English speaking in completing application forms and to provide information between the applicant and the county department. 

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

[Instructions:  replace lines 1786560 through 1786561.]
3.752.1  APPLICATION PERIOD [Rev. eff. 9/1/11]
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 (see Section 3.759.32 for application mailing dates). 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. 

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

[Instructions:  replace line 2027837.]
3.752.22  Income and Household Size Criteria [Rev. eff. 9/1/11]

===

[Instructions:  replace lines 2027838 through 1786590.]
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 Division of Low-Income Energy Assistance, 789 Sherman Street, Suite 440, 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.

[Editor’s note: subsection “F” has been deleted.] 
*********************

[Instructions:  replace line 1786591.]
3.752.23  Income Exclusions [Rev. eff. 9/1/11]

===

[Instructions:  insert after line 1786603.]
L.  G.I. Bill educational allowances, including housing and food allowances. 

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

[Instructions:  replace lines 1414358 through 1414363.]
3.752.26  Residency Requirements [Rev. eff. 9/1/11]
Applicant households must meet the state residency requirements as contained in this rule manual. The household must reside at the address for which it applied to receive LEAP benefits. 
3.752.27  Citizenship - Lawful Presence Requirements [Rev. eff. 9/1/11] 
The applicant must meet the lawful presence in the United States requirements as contained in Section 3.140 of this rule manual to be considered a household member, except that there is no requirement regarding length of residency in the United States. 
An applicant who does not meet lawful presence requirements or a household member who does not meet citizenship requirements shall not be included as a household member; however, all countable income of this individual shall be counted as part of the household's total income. The household’s application shall not be denied due to lack of documentation regarding citizenship or lawful presence requirements if there are other household members who meet the citizenship requirements (i.e., minors born in the United States). 
3.752.28  Mandatory Weatherization [Rev. eff. 9/1/11] 

===

[Instructions:  replace lines 1414373 through 1414378.]
C.  State Weatherization Office Responsibilities 
1.  Assure that standards, as delineated in Sections A and B above, are applied uniformly and equitably.   Eff  12/01/2007
2.  Notify the state LEAP office by September 30th of all households who refuse weatherization.   Eff  12/01/2007
3.  Notify households who refuse weatherization, by first-class mail, that their refusal may result in denial of LEAP benefits for the following year.   Eff  12/01/2007
4.  Weatherization shall be completed as soon as possible on dwellings where the household previously refused or didn't complete weatherization and subsequently allows the dwelling to be weatherized.   Eff  12/01/2007

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

[Instructions:  replace lines 1786615 through 1786658.]
3.754.1  FACTORS FOR DENIAL [Rev. eff. 9/1/11]
Any of the following factors shall be the basis for the denial of an applicant household:*
A.  Excess income; 3.752.22 (04).
B.  Not vulnerable to rising home heating costs; 3.752.25 (03).
C.  A household not meeting citizenship/lawful presence requirements; 3.752.27 (13).
D.  A household is a duplicate household or was previously approved as part of another household; 3.751.1, “Household”  (06).
E.  The household has voluntarily withdrawn its application; 3.756.18 (09).
F.  The household has received Basic Program benefits from another county; 3.756.17 (10).
G.  The household has failed to provide complete application information or required verification; 3.756.12 (11).
H.  The household is not a resident of Colorado; 3.752.26 (07).
I.  The household failed to sign the application form; 3.751.1, “Completed Application” , C (21).
J.  The household filed an application outside of the application period; 3.752.1 (14).
K.  Unable to locate; 3.756.19 (25).
L.  Refused weatherization services from a state weatherization agency; 3.752.28 (26).
M.  Household(s) currently residing at this residence has already received the full basic LEAP benefits; 3.751.1 “Point in Time” (27).
N.  The applicant failed to provide valid identification; 3.140.11, B, 1 (05).
O.  The applicant failed to provide an affidavit; 3.140.11, B, 2 (08).
P.  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). 
Q.  Non-traditional dwelling; 3.751.1 (23). 
R.  The household does not reside at the address for which it applied to receive benefits; 3.752.26 (24). 
(*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.)
3.755  VERIFICATION POLICIES AND CASE RECORD DOCUMENTATION
3.755.1  GENERAL
3.755.11 [Rev. eff. 9/1/11]
Income, estimated home heating costs, and vulnerability shall be verified in determining initial eligibility and/or payment amount. If a household applied during the prior LEAP program year and there are no changes in the applicant, address and fuel provider, vulnerability and lawful presence (provided that IDs are valid in accordance with Section 3.140) may be copied from the prior year case file and provided in the current case file. 
3.755.12 [Rev. eff. 10/1/00]
If the county obtains information which would affect the initial determination of an applicant household's eligibility or payment level and which is different than information provided by the applicant, the county shall inform the applicant and provide an opportunity for response or explanation. Eligibility shall be determined by using the correct information. In these cases, an applicant who meets eligibility criteria shall not be denied because the applicant provided information that was different than information subsequently obtained by the county. Information used to determine eligibility and benefit level shall be documented. However, in appropriate cases, the counties may institute fraud proceedings.
3.755.13 [Rev. eff. 9/1/11] 
The case record shall contain at a minimum: 
A.  The application and any other supplemental forms the applicant is required to submit;
B.  Documentation of all verification as required in these rules;
C.  Written explanation on a report of contact sheet or other such document of any discrepancy between information contained on the application and information in the LEAP system; 
D.  Calculations used to compute income, documentation of the source of estimated home heating costs and any other written notations on a report of contact sheet or other similar document necessary to provide a clear and adequate record of action taken on the case. The eligibility workers shall date and initial each entry.
E.  Copies of all written notices, including hand-written letters, sent to the applicant household requesting missing information and/or verification necessary to determine eligibility and/or payment level.
F.  Complete documentation in emergency or expedited cases including when, to whom, and how a vendor contact is made. 
3.755.2  VERIFYING INCOME
3.755.21  Adequate Verification of Income [Rev. eff. 9/1/11] 
The case record shall contain adequate verification of income. Adequate verification is defined as any of the following:
A.  Unearned income, such as pensions or retirement income, veteran's benefits, workman's compensation, unemployment or supplemental security income shall be verified in writing, such as an award letter or cost of living adjustment (COLA) letter, issued after the last general increase for that type of assistance, which shows the gross amount before any deductions. Acceptable verification includes documentation from federal/state/system inquiries (i.e., a copy of applicable CBMS screens). Copies of bank deposits or checks shall not be adequate verification of gross income. 
B.  Verification of child support income shall include at a minimum:
1.  Verification through the Automated Child Support Enforcement System (ACSES); or,
2.  Verification through the Family Support Registry (FSR); or,
3.  Copies of checks, money orders or other document(s) including written statements or affidavits from the non-custodial parent that documents the income paid directly to the custodial parent.
4.  An exception shall be made in cases of domestic violence defined in Section 3.602.1 of this manual. Client declaration shall be sufficient in such cases.
C.  Social Security income may be verified by an award letter, issued by the social security administration, after the last general increase. Acceptable verification includes documentation from federal/state/system inquiries (i.e., a copy of applicable CBMS screens). Gross social security income includes income before any deductions for Medicare or other medical insurance. Copies of bank deposit or checks shall not be adequate verification of gross social security income. 

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

[Instructions:  replace lines1786674 through 1786675.]
3.755.42  Subsidized Housing Rent Documentation [Rev. eff. 9/1/11]
Applicant households, living in subsidized housing units, where home heating costs are paid as part of rent, shall be required to provide a copy of a rental agreement or other documentation specifying that the household is subject to rent increases or heating surcharges when home heating usage exceeds the amount of the household's heating allowance, within the current LEAP program year. 

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

[Instructions:  replace lines 1414449 through 1414454.]
3.755.6  OTHER FACTORS AFFECTING ELIGIBILITY AND PAYMENT AMOUNTS [Rev. eff. 9/1/11]
Other factors affecting eligibility and payment amounts of an applicant household may be verified if determined necessary. 
3.756  PROCEDURES FOR PROCESSING APPLICATIONS AND NOTIFYING APPLICANT HOUSEHOLDS
3.756.1  PROCEDURES
3.756.11  Application [Rev. eff. 9/1/11] 
Basic Program applicants shall submit a completed application form as defined in the “Definitions” section of these rules to the county department in order to be considered for Basic Program benefits. The county department shall not require office interviews for purposes of determining eligibility. 

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

[Instructions:  replace lines 1786686 through 1414479.]
3.756.2  ADVANCE PAYMENT OF THE BASIC PROGRAM BENEFIT (applicable only when a signed Vendor Agreement has not been secured) [Rev. eff. 9/1/11]
When a request for an advance of the Basic Program benefit(s) has been filed with the county department, it shall notify the appropriate fuel vendor the same day or next working day to attempt to forestall a termination of service or to restore service. The need for an advance payment due to an emergency shall be documented by:
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. 
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.
3.757  PROCEDURE FOR REPORTING ELIGIBILITY AND PAYMENT INFORMATION
3.757.11  [Rev. eff. 9/1/11] 
The county will be required to correct any inaccuracies as they may result in an erroneous payment amount and/or incorrect eligibility determination. Information reported on the household's income, family size, estimated home heating costs, subsidized housing heat allowance, and number of separate households is the basis for the amount of LEAP benefit. 
3.757.12  [Rev. eff. 9/1/11] 
County departments shall enter completed applications into the LEAP automated system as eligibility is determined. 

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

[Instructions:  replace lines 1414503 through 1414511.]
3.758.16-3.758.17  (None) [Rev. eff. 9/1/11]

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

[Instructions:  replace lines 1414517 through 1414522.]
3.758.32  Death of Payee Affecting Issuance of Payment [Rev. eff. 9/1/11] 
When the payee for a Basic Program benefit dies, any payment to which the payee was entitled shall be kept available according to the following rules: 
A.  The surviving spouse or other household member shall be entitled to the Basic Program payee's benefit provided that the surviving spouse or other household member was included as part of the Basic Program payee's household upon Basic Program eligibility determination. 
B.  In the case of a single member household client payment, the payment will expunge after three hundred sixty-five (365) days. In the case of a single member household vendor payment, the vendor will follow the process outlined in the vendor agreement. 

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

[Instructions:  replace line 2027839.]
3.758.47  Methodology for Calculating Basic Program Benefits [Rev. eff. 9/1/11]

===

[Instructions:  replace lines 1520191 through 1520199.]
Step F.  Determine Basic Program Amount 
The State Department shall determine a benefit amount for each eligible household by subtracting the applicable adjustments listed above, in Steps B-E from the household’s estimated home heating costs (EHHC) determined in Step A, 1-3. Any eligible household will receive at least the minimum, up to and including, the maximum benefit amount established by the Department for the LEAP program year. 
3.758.48  Adjustments [Rev. eff. 9/1/11]
The State Department will provide the county departments advance written notice of any statewide benefit level adjustments. 
Any statewide adjustment to the LEAP benefit level cannot be appealed. 
The benefit amount in a prior LEAP program year is not indicative of a current LEAP program year benefit amount and benefit levels may vary from program year to program year depending on funding and the applicant pool. 
*************

[Instructions:  replace lines 1414622 through 1414623.]
3.760.16  CIP Application [Rev. eff. 9/1/11]
Crisis Intervention Program applicants shall submit a written application form (IML-4) and a State prescribed Crisis Intervention Program supplemental form (IML-4C) to the county department in order to be considered for assistance. Applications for furnace repair or replacement received between May 1st and October 31st shall be submitted to the county office or to an authorized weatherization agent who will in turn transmit the CIP application to the State LEAP office for eligibility determination and payment processing. The agency responsible for processing the CIP application shall locate a CIP vendor to provide the service. Neither the county department nor the State office shall require office interviews or more than one estimate to perform the service. These forms and all verification/information must be date stamped upon receipt. The Crisis Intervention Program application may be signed by any adult household member listed on the original LEAP application. CIP applications must be processed within four (4) working days. If a CIP application is denied, a written denial notice must be sent to the household within the above time frames. If the CIP application has been received and is being processed on the same date as the basic LEAP application, and additional information is required of the LEAP applicant in order to process the basic LEAP application, then the four (4) day processing requirement of the CIP application shall be extended accordingly. 
*************

[Instructions:  replace line 1520215.]
3.760.43  Factors as Basis for Denial [Rev. eff. 9/1/11]

===

[Instructions:  replace lines 1520227 through 1520234.]
K.  Unable to locate, 3.756.19 (25); 
L.  Does not meet eligibility requirements for Summer CIP, 3.760.11 (22); 
M.  Landlord, or authorized landlord representative, refused CIP, 3.760.14, C (15); 
N.  The applicant is not Basic Program eligible, 3.760.14 (28); 
O.  CIP does not cover routine maintenance, 3.760.12 (29); 
P.  Someone other than LEAP paid for the CIP repair in its entirety, 3.760.31 (30). 
(Note: The rule citation is shown followed by the denial reasons which are to be used when coding the worksheet and entering data into the computer system.) 

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