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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   2019-00579


CCR details

Tracking Number 2019-00579
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 LOW-INCOME ENERGY ASSISTANCE PROGRAMS (LEAP)

Proposed rule

Notice Filed with SOS 09/27/2019
Rule ProposedRuleAttach2019-00579.doc
Statutory Authority § 26-1-107, C.R.S. (2019), § 26-1-109, C.R.S. (2019), § 26-1-111, C.R.S. (2019), § 26-2-122.5, C.R.S. (2019), § 40-8.5-101, C.R.S. (2019), § 40-8.7-101, C.R.S. (2019), et seq, § 40-8.7-109, C.R.S. (2019)
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 the income requirements to be based on 60% of State Median Income Guidelines released July 2019 by the U.S. Department of Housing and Human Services rather than 165% of the Federal Poverty Level; Updating the flat rate tables for heat costs for benefit calculations; Allowing for cases previously denied for failure to provide required verification to be reopened upon receipt of requested verification after denial; Updating the earnings considered for LLC’s and S-Corps; Adding a specific rule to indicate that liquidating a resource is not considered income, as resources are exempt; Incorporation of the 3.8 (9 CCR 2503) Rules that are referenced in LEAP Rule since those portions of 3.8 are becoming obsolete.
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 the income requirements to be based on 60% of State Median Income Guidelines released July 2019 by the U.S. Department of Housing and Human Services rather than 165% of the Federal Poverty Level. • Updating the flat rate tables for heat costs for benefit calculations. • Allowing for cases previously denied for failure to provide required verification to be reopened upon receipt of requested verification after denial. • Updating the earnings considered for LLC’s and S-Corps. • Adding a specific rule to indicate that liquidating a resource is not considered income, as resources are exempt. • Incorporation of the 3.8 (9 CCR 2503) Rules that are referenced in LEAP Rule since those portions of 3.8 are becoming obsolete. This permanent rule adoption follows emergency rule adoption 2019-00485
Basis And Purpose BasisAndPurposeAttachment2019-00579.doc
Regulatory analysis RegulatoryAnalysisAttachment2019-00579.doc
Comments CDHS typically holds 2 public hearings, an initial and final, for each proposed rule. The initial hearing allowing the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule. Emergency rules (ER) are adopted immediately, and are permanently adopted at a second hearing, usually the month after the initial hearing. This hearing will be to permanently adopt ER 209-00485 adopted 9/6/2019. Meeting dates:https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/state-board-human-services
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 11/08/2019
Hearing Time 08:30 AM
Hearing Location 1575 Sherman Street, Denver, CO 80203
Contact Name Theresa Kullen
Contact Title LEAP Manager
Contact Telephone 303.861.0337
Contact email theresa.kullen@state.co.us

Adopted rule

Adopted Rules AdoptedRules02019-00579.doc
Redline Redline2019-00579.doc
Adopted Date 11/08/2019
AGO requested date 11/12/2019
Attorney General Opinion 11/22/2019
Colorado Register publication date 12/10/2019
Effective Date 12/30/2019
Inserted into CCR 12/09/2019
  
  
  
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