LOW-INCOME ENERGY ASSISTANCE PROGRAMS (LEAP)

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Code of Colorado Regulations › 500,1008,2500 Department of Human Services › 2503 Income Maintenance (Volume 3) › 9 CCR 2503-7

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DEPARTMENT OF HUMAN SERVICES

Income Maintenance (Volume 3)

LOW-INCOME ENERGY ASSISTANCE PROGRAMS (LEAP)

9 CCR 2503-7

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

_________________________________________________________________________

3.750

LOW-INCOME ENERGY ASSISTANCE PROGRAMS

3.750.1

AUTHORITY

3.750.11

Low-Income Home Energy Assistance Act [Rev. eff. 12/1/14]

Programs authorized under the Low-Income Home Energy Assistance Act include a Heating Fuel

Assistance Program and a Crisis Intervention Program.

3.750.12

Intent of the Heating Fuel Assistance Program [Rev. eff. 12/1/14]

The Heating Fuel Assistance Program is intended to help meet winter home heating costs of households

composed of low-income families and individuals.

3.750.13

Intent of the Crisis Intervention Program [Rev. eff. 12/1/14]

The Crisis Intervention Program (CIP) is intended to assist with the repair or replacement of the non-

working primary heating system of approved Heating Fuel Assistance Program applicants.

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. 12/1/14]

“Adverse Action” means any action that causes a households benefits to be reduced or terminated.

“Appellant”: an applicant or recipient who has requested a state level fair hearing pursuant to section

3.751.43 of these rules.

“Applicant”: The person who completes and signs the basic LEAP application form.

“Approved Vendor” means a vendor that has signed a state specified agreement as it is prescribed in

Section 3.758.46.

Code of Colorado Regulations

Secretary of State

State of Colorado

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d a state level fair hearing pursuant to section

3.751.43 of these rules.

“Applicant”: The person who completes and signs the basic LEAP application form.

“Approved Vendor” means a vendor that has signed a state specified agreement as it is prescribed in

Section 3.758.46.

Code of Colorado Regulations

Secretary of State

State of Colorado

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“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.

“Collateral Contact” means a verbal or written confirmation of a household’s circumstances by a person

outside the household who has first-hand knowledge of the information. The name/title of the collateral

contact, as well as the information provided, must be documented in the report of contact (ROC).

“Completed Application”: A basic LEAP application shall be considered to be a completed application

when:

“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

“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

ligibility. 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

“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.

“Discrepancy”: For the purposes of these rules, discrepancy means a lack of similarity between the

application and a corresponding data field in the LEAP system. All discrepancies require a record of

contact note to be entered into the LEAP system.

“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.

“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 or the client is

responsible for heating costs that are included in rent and has received an eviction notice to vacate the

premises within thirty (30) calendar days.

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t”: 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 or the client is

responsible for heating costs that are included in rent and has received an eviction notice to vacate the

premises within thirty (30) calendar days.

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“Estimated Home Heating Costs (EHHC)”: The amount of the heating costs incurred during the previous

heating season for the applicant's address at the time of application to be used as an estimate, or

projection, of the anticipated heating costs for the current heating season (November 1st through April

30th). Such estimated heating costs shall not include payment arrearages, investigative charges,

reconnection fees, or other such charges not related to residential fuel prices and consumption levels. An

EHHC can only be obtained from approved vendors, for all other vendors use flat rates.

“Federal 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.

“Heat Related Arrearage”: Any past due amounts for the primary heating fuel and/or supportive fuel.

“Home Heating Costs”: Charges related directly to the primary heating fuel used in a residential dwelling.

“Household”: The term “household” shall mean any individual or group of individuals who are living

together as one economic unit for whom primary heating fuel is customarily purchased in common or who

make undesignated payments for heat in the form of rent.

“Household Income Contribution (HIC)” the household income contribution is the percentage subtracted

from the EHHC based on the federal poverty level of the applicant

ousehold” shall mean any individual or group of individuals who are living

together as one economic unit for whom primary heating fuel is customarily purchased in common or who

make undesignated payments for heat in the form of rent.

“Household Income Contribution (HIC)” the household income contribution is the percentage subtracted

from the EHHC based on the federal poverty level of the applicant.

“Income Verification Period”: The income verification period is from the date of application to the same

date of the prior month (approximately thirty (30) calendar days from the date of application) when used

to verify income except for self-employment income and earned ongoing income, in accordance with

Section 3.752.22, B.

“Lawful Permanent Residents” are non-citizens who are lawfully authorized to live permanently within the

United States.

“Life Threatening Crisis” means a household whose members’ health and/or well-being would likely be

endangered if energy assistance or repair or replacement of the primary heating system is not provided.

“Non-Bulk Fuel”: Non-bulk or metered fuel is an energy source for home heating which is provided by a

utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes

natural gas and electricity.

“Non-Traditional Dwelling”: A non-traditional dwelling means a structure that provides housing that is not

affixed to a permanent physical address or is enumerated as such in this rule (see Section 3.752.25),

including, but not limited to, cars, vans, buses, tents and lean-tos.

“Overpayment”: of heating fuel assistance 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.

“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

eating fuel assistance 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.

“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.

“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 and, therefore, are not eligible for LEAP assistance.

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“Program Year”: means from November 1st through April 30th for the Heating Fuel Assistance 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.

“Propane Bottles are small propane containers that hold less than one hundred (100) gallons.

“Prudent Person Principle”: means that, based on experience and knowledge of the program, the county

department/contractor exercises a degree of discretion, care, judiciousness, and circumspection, as

would a reasonable person, in a given case.

“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 circumspection, as

would a reasonable person, in a given case.

“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.

“Questionable”. Means inconsistent or contradictory information, statements, documents or case

documentation that require verification from the household to determine eligibility.

“Reapplication” means a household who has been denied for the current program year and is reapplying

for a LEAP benefit. The application is to be treated as a new application whose point in time is reset to

the date of the new application.

“Recipient”: a LEAP applicant who has received a LEAP benefit.

“Report of Contact (ROC)” means the electronic chronological history of the case which contains both

system generated entries and manual entries.

“Subsidized Housing”: Subsidized housing means housing in which a tenant receives an ongoing

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. For example, electricity is a supportive fuel required to operate a natural gas furnace.

Supportive fuels are not eligible for LEAP assistance.

“Tiny Home”: A residential structure up to 500 square feet in size

unt 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. For example, electricity is a supportive fuel required to operate a natural gas furnace.

Supportive fuels are not eligible for LEAP assistance.

“Tiny Home”: A residential structure up to 500 square feet in size.

“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.

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3.751.2

HOUSEHOLDS [Eff. 12/1/14]

A.

Any individual considered as part of an approved household cannot subsequently be considered

as part of another household during the same eligibility period.

B.

Each person living at a dwelling must be counted as either a member of the applicant's

household or a member of a separate household.

C.

The maximum number of household members shall be fifteen (15). The maximum number of

separate households shall be nine (9).

D.

The following cannot be classified as separate households:

1.

Husband and wife living together;

2.

Children under eighteen (18) years of age and living in the same dwelling as the parent

or guardian, unless emancipated;

3.

Individuals that enter into civil unions.

E.

A parent with his or her children may be listed as a separate household when residing in the

same dwelling with his or her ex-spouse in cases of legal separation or divorce.

3.751.21

Permanent Separation [Eff. 12/1/14]

A married couple is considered to be permanently separated when:

A.

They are divorced or legally separated; or,

B.

Both physical and financial ties have been dissolved and a relationship as spouses no longer

exists.

3.751.22

Presumption of Marriage [Eff

when residing in the

same dwelling with his or her ex-spouse in cases of legal separation or divorce.

3.751.21

Permanent Separation [Eff. 12/1/14]

A married couple is considered to be permanently separated when:

A.

They are divorced or legally separated; or,

B.

Both physical and financial ties have been dissolved and a relationship as spouses no longer

exists.

3.751.22

Presumption of Marriage [Eff. 12/1/14]

Unless there has been a divorce or legal separation, the presumption is made that the couple is still

married. Such presumption must be refuted by persons, other than the spouses, who can establish that

they are in a position to know and assert that a complete and permanent separation does, in fact, exist.

A legal separation or divorce can be verified by court documents. Attestation of separation by persons

other than the spouses can be in writing or collateral contact.

3.751.3

NON DISCRIMINATION POLICIES/RIGHT AND OPPORTUNITY TO APPLY

3.751.31

Non-Discrimination [Rev. eff. 12/1/14]

Non-discrimination policies as outlined in this rule manual shall apply to all households applying for the

Heating Fuel Assistance Program.

3.751.32

Opportunity to Apply [Rev. eff. 11/1/84]

All persons shall be provided an opportunity to file an application form on the date of initial contact with

the county department during the application period.

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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.

3.751.34

Authorized Representative [Rev. eff. 11/1/13]

A formal, legal authorized representative may apply on behalf of an applicant household when the

applicant household is unable to apply on its own behalf. Proper legal documentation of guardianship

and/or durable power of attorney must be presented.

3.751.35

Authorized Signature by Mark [Rev. eff

etween the applicant and the county

department.

3.751.34

Authorized Representative [Rev. eff. 11/1/13]

A formal, legal authorized representative may apply on behalf of an applicant household when the

applicant household is unable to apply on its own behalf. Proper legal documentation of guardianship

and/or durable power of attorney must be presented.

3.751.35

Authorized Signature by Mark [Rev. eff. 12/1/14]

Applicants who are partially or totally illiterate and who cannot write their names shall make a mark, and

such mark shall be witnessed by the signature of at least one witness. The address of such witness shall

follow the signature. County/Contractor workers may act as witnesses if not related to the applicant.

3.751.4

NOTICE AND HEARINGS

3.751.41

Timely and Adequate Notice [Rev. eff. 12/1/14]

Each applicant for or recipient of heating fuel assistance or crisis intervention must receive notice of any

agency action affecting his/her eligibility for or receipt of benefits or service.

3.751.42

Denials [Rev. eff. 12/1/14]

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 Heating Fuel

Assistance Program, notices of denial shall advise the applicants of their right to a forthwith hearing. See

3.756.15 notification of approval or denial.

3.751.43

Request for a State Level Fair Hearing [Rev. eff. 12/1/14]

An applicant or recipient may request a state level fair hearing for:

A.

An application for assistance which has not been acted upon within the maximum time period for

the category of assistance;

B.

An application for assistance which has been denied;

C.

An application for assistance which has been partially denied.

An applicant or recipient who requests a state hearing has the right to:

A

2/1/14]

An applicant or recipient may request a state level fair hearing for:

A.

An application for assistance which has not been acted upon within the maximum time period for

the category of assistance;

B.

An application for assistance which has been denied;

C.

An application for assistance which has been partially denied.

An applicant or recipient who requests a state hearing has the right to:

A.

A state level fair hearing before an administrative law judge, if the issue is appealable, and if the

written request for a state level fair hearing is mailed or delivered to the office of administrative

courts no later than ninety (90) calendar days from the date the notice of action was mailed by the

county or contractor to the applicant or recipient; and

B.

Judicial review of the final agency decision in the appropriate state district court, after exhausting

the administrative appeal rights granted under these rules.

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Any clear expression, orally or in writing, by the applicant or someone legally authorized to act for him or

her, that he or she wants an opportunity to have a specific action of a county department or contractor

reviewed by the state department is considered an appeal and a request for a hearing. The county

department or contractor shall, when asked, aid the applicant in preparation of a request for a hearing. If

the request for a hearing is made orally, the county department or contractor shall immediately prepare a

written request for the applicant’s signature or have the applicant prepare such a request, specifying the

action on which the request is based and the reason for appealing that action.

The applicant or recipient is entitled to be represented at the state level fair hearing by an authorized

representative, such as legal counsel, a relative, a friend, or other spokesperson, or they may represent

themselves

request for the applicant’s signature or have the applicant prepare such a request, specifying the

action on which the request is based and the reason for appealing that action.

The applicant or recipient is entitled to be represented at the state level fair hearing by an authorized

representative, such as legal counsel, a relative, a friend, or other spokesperson, or they may represent

themselves.

With the exception of the names of confidential informants, privileged communications between the

county or contractor and its attorney, and the nature and status of pending criminal prosecutions, and any

other information this confidential or privileged, the applicant or recipient is entitled to examine the

completed case file and any other documents, records, or pertinent material that will be used by the

county or contractor at the state level fair hearing at a reasonable time before the date of the hearing, but

no later than 30 days prior to the date set for the hearing.

The county shall forward copies of its policies and any subsequent amendments, including effective

dates, to the state department and to the Colorado department of human services office of appeals

(hereinafter “office of appeals”). Applicants appealing a county or contractor action shall be provided

reasonable opportunity to examine the county or contractor’s policies.

County departments/contractor 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 heating fuel assistance program.

3.751.44

Authority and Duties of State Administrative Law Judge

One or more persons from the state department of general support services/personnel, office of

administrative courts, are appointed to serve as administrative law judges for the state department of

human services

seven (7) days upon

receipt of a request for a state level fair hearing by an applicant on heating fuel assistance program.

3.751.44

Authority and Duties of State Administrative Law Judge

One or more persons from the state department of general support services/personnel, office of

administrative courts, are appointed to serve as administrative law judges for the state department of

human services.

The state administrative law judge shall, prior to the hearing, review the reasons for the decision under

appeal and be prepared to interpret applicable departmental rules and/or official written county policies

governing the low-income energy assistance program and pertaining to the issue under appeal.

If either party chooses not to be represented by legal counsel, the administrative law judge shall assist in

bringing forth all relevant evidence and issues relating to the appeal.

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3.751.45

State Responsibilities

Every appeal requesting a state level fair hearing will be assigned a case number when such appeal is

received by the office of administrative courts. A hearing date will be set at least ten (10) days in advance

of the fair hearing and a letter by first class or certified mail will be sent to the appellant and the county

department or contractor notifying them of the date, time, and place of the hearing. The appellant will be

notified in writing that if good cause exists consideration will be given to changing the date; time or

location provided they request the change to the office of administrative courts prior to the scheduled fair

hearing. An information sheet shall be enclosed in the notification letter to explain the hearing procedures

to the appellant. The appellant will be informed that they or their representative may examine all materials

to be used at the hearing, before and during the hearing

he date; time or

location provided they request the change to the office of administrative courts prior to the scheduled fair

hearing. An information sheet shall be enclosed in the notification letter to explain the hearing procedures

to the appellant. The appellant will be informed that they or their representative may examine all materials

to be used at the hearing, before and during the hearing. The appellant also will be informed that failure to

appear at the hearing as scheduled, without having shown good cause for failure to appear, shall

constitute abandonment of the appeal and cause a dismissal thereof. Information which the appellant or

their representative does not have an opportunity to see shall not be made a part of the hearing record or

used in a decision on an appeal. No material made available for review by the administrative law judge

may be withheld from review by the appellant or their representative.

In assistance payment appeals, the administrative law judge has 20 days from the hearing date to arrive

at an initial decision. The initial decision shall not be implemented until after the office of appeals

completes its review and enters a final agency decision. All final agency decisions on these appeals shall

be made within 90 days from the date of the request for hearing is received.

In all other appeals, the administrative law judge shall arrive at an initial decision within a reasonable

timeframe. The administrative law judges’ initial decision shall not be implemented until after the office of

appeals completes its review and enters a final agency decision. All final agency decisions on these

appeals shall also be made within a reasonable amount of time.

Once the initial decision has been made, it shall immediately be delivered to the office of appeals for

determination of the final agency decision

istrative law judges’ initial decision shall not be implemented until after the office of

appeals completes its review and enters a final agency decision. All final agency decisions on these

appeals shall also be made within a reasonable amount of time.

Once the initial decision has been made, it shall immediately be delivered to the office of appeals for

determination of the final agency decision.

3.751.46

County and Contractor Responsibilities

Upon receipt of the request for appeal by the county or contractor, the county or contractor shall mail a

letter to the appellant, with a copy to the office of administrative courts and the state leap office, no later

than five (5) days prior to the hearing, giving the following information:

A.

The reasons for the decision of the county or contractor and a specific explanation of each factor

involved in the reaching the decision, such as, but not limited to, the amount of excess income,

residence factors, and household factors;

B.

Citation(s) to the specific state rules and county or contractor policies governing the decision; and

C.

Notice that the county or contractor will assist the appellant in organizing the facts supporting

their claim if the appellant so desires, and that the appellant has the opportunity to examine the

state rules, county or contractor policies, and other materials to be used at the hearing

concerning the basis of the county or contractor decision.

If the county or contractor fails to mail the letter with all required information to the appellant no later than

five days prior to the hearing, the appellant may be granted a postponement of the hearing to allow the

appellant to prepare for the hearing

te rules, county or contractor policies, and other materials to be used at the hearing

concerning the basis of the county or contractor decision.

If the county or contractor fails to mail the letter with all required information to the appellant no later than

five days prior to the hearing, the appellant may be granted a postponement of the hearing to allow the

appellant to prepare for the hearing.

If the appellant will be represented at the hearing by legal counsel or another designated representative,

the county or contractor will not discuss with the appellant the merits of the appeal or the question of

whether to proceed with the appeal, unless any such conversation takes place in the presence of or with

the permission of the legal counsel or designated representative.

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If necessary, the county or contractor will arrange to have present at the hearing a qualified interpreter

who will be sworn to translate correctly.

The fact that an appellant and the county or contractor have been notified that a hearing will be held does

not prevent the county or contractor from reviewing the case or considering any new factors which might

change the status of the case, and taking action to reverse its decision or otherwise settle the issue. Any

change which results in a voiding of the basis for the appeal will be immediately reported by the appellant

to the office of administrative courts by telephone and in writing.

Upon receipt of notice of a state hearing on an appeal, the county department/contractor shall arrange for

a suitable hearing room appropriate to accommodate the number of persons who are expected to be in

attendance, including witnesses, taking into consideration such factors as privacy; absence of distracting

noise; need for tables, chairs, electrical outlets, adequate lighting, and ventilation; and telephone

conferencing abilities

ring on an appeal, the county department/contractor shall arrange for

a suitable hearing room appropriate to accommodate the number of persons who are expected to be in

attendance, including witnesses, taking into consideration such factors as privacy; absence of distracting

noise; need for tables, chairs, electrical outlets, adequate lighting, and ventilation; and telephone

conferencing abilities.

3.751.47

Conduct and Procedures of State Level Fair Hearings

3.751.471

Conduct of State Level Fair Hearings

The administrative law judge shall conduct state level fair hearings in accordance with the Colorado

administrative procedure act (C.R.S. §§ 24-4-101 through 24-4-108).

The county or contractor shall have the burden of proof, by a preponderance of the evidence, to establish

the basis of the decision being appealed. Every party to the proceeding shall have the right to present

their case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct

such cross-examination as may be required for a full and true disclosure of the facts. Subject to these

rights and requirements, where a hearing will be expedited and the interests of the parties will not be

subsequently prejudiced thereby, the administrative law judge may receive all or part of the evidence in

written form or by oral stipulations.

Hearings may be conducted by telephone conference as an alternative to face-to-face hearings, unless

any party requests a face-to-face hearing. All applicable provisions of the face-to-face hearings

procedures will apply.

3.751.472

Procedures of State Hearings

State level fair hearings are confidential; however, any person or persons whom the appellant wishes to

appear for them may be present, and, if requested by the appellant and in the record, such hearing may

be made open to the public.

The purpose of the state level fair hearing is to determine the pertinent facts in order to arrive at a fair and

equitable decision in accordance with the rules of the state department

arings are confidential; however, any person or persons whom the appellant wishes to

appear for them may be present, and, if requested by the appellant and in the record, such hearing may

be made open to the public.

The purpose of the state level fair hearing is to determine the pertinent facts in order to arrive at a fair and

equitable decision in accordance with the rules of the state department. In arriving at a decision, only the

evidence and testimony introduced at the hearing will be considered, except that in circumstances when it

is shown at the hearing that evidence could not, for good cause, be obtained in time for the hearing, the

administrative law judge may permit the introduction of medical or other evidence after the hearing,

provided that the opposing party is also furnished a copy and is afforded the opportunity to controvert or

otherwise respond to such evidence.

Although the hearing may be conducted on an informal basis and efforts may be made to place all parties

at ease, the evidence must be presented in an orderly manner in order to create an adequate record.

A complete and exact record of the proceedings shall be made by electronic or other means. When

required, the office of administrative courts shall cause the proceedings to be transcribed.

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When the administrative law judge dismisses an appeal for reasons other than failure to appear, the

decision of the administrative law judge shall be an initial decision, which shall not be implemented until

after the office of appeals completes its review and enters a final agency decision

l cause the proceedings to be transcribed.

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When the administrative law judge dismisses an appeal for reasons other than failure to appear, the

decision of the administrative law judge shall be an initial decision, which shall not be implemented until

after the office of appeals completes its review and enters a final agency decision.

If the appellant fails to appear at a duly scheduled hearing, after having been given proper notice, without

having given timely advance notice to the administrative law judge of acceptable good cause for inability

to appear at the hearing at the time, date, and place specified in the notice of hearing, then the appeal

shall be considered abandoned and an order of dismissal shall be entered by the administrative law judge

and served upon the parties by the office of administrative courts. The dismissal order shall not be

implemented until after the office of appeals completes its review and enters a final agency decision the

appellant, however, shall be afforded a ten-day period from the date of the order of dismissal was mailed,

to explain in a letter to the administrative law judge the reason for their failure to appear. If the

administrative law judge finds that there was good cause for the appellant not appearing, the

administrative law judge shall vacate the order dismissing the appeal and schedule another hearing date.

If the appellant does not submit a letter showing good cause within the ten-day period, the order of

dismissal shall be filed with the office of appeals by the office of administrative courts. The office of

appeals will issue a final agency decision upholding the dismissal of the appeal, which shall be served

upon the parties

acate the order dismissing the appeal and schedule another hearing date.

If the appellant does not submit a letter showing good cause within the ten-day period, the order of

dismissal shall be filed with the office of appeals by the office of administrative courts. The office of

appeals will issue a final agency decision upholding the dismissal of the appeal, which shall be served

upon the parties. The county or contractor shall immediately carry out the necessary actions to provide

assistance or services in the correct amount, terminate assistance or services, recover assistance

incorrectly paid, and/or take other appropriate actions in accordance with the LEAP program rules.

If the appellant submits a letter alleging good cause and the administrative law judge finds that the stated

facts do not constitute good cause, the administrative law judge shall enter an initial decision confirming

the dismissal. The appellant may file exceptions to the initial decision for review by the office of appeals.

3.751.48

Decision, Notification, and Protections of The Appellant

3.751.481

Initial Decision

Following the conclusion of the hearing, the administrative law judge has 20 days to prepare and issue an

initial decision and file it with the office of appeals.

The initial decision shall make an initial determination whether the county or contractor or state

department acted in accordance with the rules of the state department and/or written policies of the

county or contractor for administering the program. The administrative law judge may determine whether

statutes were properly interpreted and applied only when no implementing state rules or county or

contractor policy exists. The administrative law judge has no jurisdiction or authority to determine issues

of constitutionality or legality of departmental rules or county or contractor policy governing the program

ctor for administering the program. The administrative law judge may determine whether

statutes were properly interpreted and applied only when no implementing state rules or county or

contractor policy exists. The administrative law judge has no jurisdiction or authority to determine issues

of constitutionality or legality of departmental rules or county or contractor policy governing the program.

The initial decision shall advise the appellant that failure to file exceptions to the initial decision will waive

the right to seek judicial review of a final agency decision which affirms those provisions.

The office of appeals shall promptly serve the initial decision upon each party by first class mail and shall

transmit a copy of the decision to the state leap office.

The initial decision shall not be implemented until after the office of appeals completes its review and

enters a final agency decision.

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3.751.482

Review by the Office of Appeals

The office of appeals of the state department, as the designee of the executive director, shall review the

initial decision of the administrative law judge and shall enter a final agency decision affirming, modifying,

or reversing the initial decision. The office of appeals may issue an order or remand upon receipt of the

initial decision and identification of an issue that warrants an immediate remand before the initial decision

is even mailed to the parties. Additionally, the office of appeals may issue an order of remand at the time

of its substantive review of an initial decision for final agency decision due to its determination for the

need for further clarification, findings, conclusions of law, and/or further proceedings before a final agency

decision can be issued. An order of remand is not a final agency decision that is subject to judicial review

tionally, the office of appeals may issue an order of remand at the time

of its substantive review of an initial decision for final agency decision due to its determination for the

need for further clarification, findings, conclusions of law, and/or further proceedings before a final agency

decision can be issued. An order of remand is not a final agency decision that is subject to judicial review.

Any party seeking an agency decision which reverses, modifies, or remands the initial decision of the

administrative law judge shall file exceptions to the decision with the office of appeals within fifteen (15)

days from the date the initial decision is mailed to the parties. Exceptions must state specific grounds for

reversal, modification, or remand of the initial decision.

If the party filing exceptions asserts that the administrative law judge’s findings of fact are not supported

by the weight of the evidence, the party shall simultaneously with or prior to the filing of exceptions

request the office of administrative courts to cause a transcript of all or a portion of the hearing to be

prepared and filed with the office of appeals. The exceptions shall state that a transcript has been

requested, if applicable. Within five (5) days of the request for transcript, the party requesting it shall

advance the cost to the transcriber designated by the office of administrative courts unless prior payment

is waived by the transcriber.

A party who is unable because of indigency to pay the costs of a transcript may file a written request,

which need not be sworn, with the office of appeals for permission to submit a copy of the hearing

recording instead of the transcript. If submission of a recording is permitted, the party filing exceptions

must promptly request a copy of the recording from the office of administrative courts and deliver it to the

office of appeals. Payment in advance shall be required for the preparation of a copy of the recording

sworn, with the office of appeals for permission to submit a copy of the hearing

recording instead of the transcript. If submission of a recording is permitted, the party filing exceptions

must promptly request a copy of the recording from the office of administrative courts and deliver it to the

office of appeals. Payment in advance shall be required for the preparation of a copy of the recording.

If the exceptions do not challenge the findings of fact, but instead assert only that the administrative law

judge improperly interpreted or applied state rules or statutes, the party filing exceptions is not required to

provide a transcript or recording to the office of appeals.

The office of appeals shall serve a copy of the exceptions on each party by first class mail. Each party

shall be limited to ten (10) calendar days from the date exceptions are mailed to the parties in which to file

a written response to such exceptions. The office of appeals shall not permit oral argument.

The office of appeals shall not consider evidence which was not part of the record before the

administrative law judge. However, the case may be remanded to the administrative law judge for

rehearing if a party establishes in its exceptions that material evidence has been discovered which the

party could not with reasonable diligence have produced at the hearing.

While review of the initial decision is pending before the office of appeals, the record on review, including

any transcript or recording of testimony filed with the office of appeals, shall be available for examination

by any party at the office of appeals during regular business hours.

The state leap office may file exceptions to the initial decision, or respond to exceptions filed by a party,

even though it has not previously appeared as a party to the appeal. The state leap office’s exceptions or

responses must be filed in compliance with these rules

h the office of appeals, shall be available for examination

by any party at the office of appeals during regular business hours.

The state leap office may file exceptions to the initial decision, or respond to exceptions filed by a party,

even though it has not previously appeared as a party to the appeal. The state leap office’s exceptions or

responses must be filed in compliance with these rules. Exceptions may be filed by the state leap office

when it did not appear as a party at the hearing shall be treated as requesting review of the initial decision

upon the state department’s own motion.

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In the absence of exceptions filed by any party or the state leap office, the office of appeals shall review

the initial decision, and may review the hearing file of the administrative law judge and the recorded

testimony of witnesses before entering a final agency decision. Review by the office of appeals shall

determine whether the decision properly interprets and applies relevant rules and statutes, and whether

the findings of fact and conclusions of law support the initial decision. If a party or the state leap office

objects to the final agency decision entered upon review by the office of appeals, the party or state leap

office may seek reconsideration of the final agency decision.

The office of appeals shall mail copies of the final agency decision to all parties by first class mail.

For purposes of requesting judicial review, the effective date of the final agency decision shall be the third

day after the date the decision is mailed to the parties, even if the third day falls on a Saturday, Sunday,

or a legal holiday. The parties shall be advised of this in the final agency decision.

The state leap office or county department shall initiate action to comply with the final agency decision

within three working days after the effective date

of the final agency decision shall be the third

day after the date the decision is mailed to the parties, even if the third day falls on a Saturday, Sunday,

or a legal holiday. The parties shall be advised of this in the final agency decision.

The state leap office or county department shall initiate action to comply with the final agency decision

within three working days after the effective date. The state leap office shall comply with the decision

within three working days after the effective date even if reconsideration is requested, unless the effective

date of the final agency decision is postponed by order of the office of appeals or a reviewing court.

When an appeal results in a final agency decision that an action of the county or state leap office was not

in accordance with the rules of the department, or when the county or state leap office so determines

after a request for hearing is made, the adjustment or corrective payment will apply retroactively to the

date of the incorrect action.

3.751.483

Reconsideration of Agency Decision

A motion for reconsideration of a final agency decision may be granted by the office of appeals for the

following reasons:

A.

Upon a showing of good cause for failure to file exceptions to the initial decision within the fifteen

(15) day period allowed by section 7.751.482; or

B.

Upon a showing that the final agency decision is based upon a clear or plain error of fact or law.

An error of law means failure by the office of appeals to follow a rule, statute, or court decision

which requires a different decision.

The office of appeals shall mail a copy of the motion for reconsideration to each party of record and to the

state leap office.

The appellant is to be fully informed of by the final agency decision of their further right to apply for judicial

review of the final agency decision by filing an action for review in the appropriate state district court

ourt decision

which requires a different decision.

The office of appeals shall mail a copy of the motion for reconsideration to each party of record and to the

state leap office.

The appellant is to be fully informed of by the final agency decision of their further right to apply for judicial

review of the final agency decision by filing an action for review in the appropriate state district court. Any

such action must be filed in accordance with the Colorado rules of civil procedure within thirty (30) days

after the final agency decision becomes effective.

The state leap office will establish and maintain a method for informing, in summary and depersonalized

form, all county departments and other interested persons concerning the issues raised and decisions

made on appeal.

3.751.484

Provider Appeals

Unless properly designated as a representative of an individual, a provider of goods or services to

applicants or recipients shall not be granted a hearing concerning an alleged adverse action to an

applicant or recipient.

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13

In the case of an appeal by a licensed or certified provider or vendor of services of an adverse action by a

county department or contractor or the state department related to provider status, rates, or purchased

services, the decision of the administrative law judge is the final agency decision and is not subject to

state department review or modification. The decision of the administrative law judge is subject to judicial

review pursuant to C.R.S. § 24-4-106 and C.R.S. § 26-1-106.

3.751.485

Confidentiality

All information obtained by the county department or contractor concerning an applicant to or a recipient

of assistance payments is confidential information. This is to prevent exploitation of applicants and

recipients, to eliminate embarrassment to them, and is in recognition of their rights as self-determining

individuals who are not limited because of their need for assistance

5

Confidentiality

All information obtained by the county department or contractor concerning an applicant to or a recipient

of assistance payments is confidential information. This is to prevent exploitation of applicants and

recipients, to eliminate embarrassment to them, and is in recognition of their rights as self-determining

individuals who are not limited because of their need for assistance.

The county or contractor shall educate county officials and other persons who have dealings with the

state leap office as to the confidential nature of information which may come into their possession through

transaction of county or contractor business.

When a technician consults a bank, former employer of an applicant, another social services agency, or

other person or entity to obtain information or verification of information to determine eligibility, the

identification of the technician as an employee of the county or contractor may, in itself, disclose that an

application for assistance has been made by an individual. In this type of contact, the county or contractor

should strive to maintain confidentiality whenever possible.

Privacy for interviewing and confidentiality of information are essential. This involves both office facilities

and discretion by the technician. Office procedures and facilities should be such that information is not

inadvertently revealed to persons not concerned with the affairs of the applicant or recipient. The

technician must also use discretion in mentioning county or contractor business outside of the office.

General information not identified with any individual is not confidential and may be released for any

purpose, including publication in newspapers. This includes:

A.

Total expenditures

B.

Number of recipients

C.

Statistical data obtained from studies

D.

Social data obtained from studies, reports, or surveys

E.

Expenditures by category of assistance

F.

Expenditures for administration

G.

Salaries paid to employees

H

n not identified with any individual is not confidential and may be released for any

purpose, including publication in newspapers. This includes:

A.

Total expenditures

B.

Number of recipients

C.

Statistical data obtained from studies

D.

Social data obtained from studies, reports, or surveys

E.

Expenditures by category of assistance

F.

Expenditures for administration

G.

Salaries paid to employees

H.

Sum of all state leap office expenditures

Information secured by the county or contractor for the purpose of administering the assistance programs

(e.g. determining eligibility) is deemed confidential.

Unless disclosure is specifically permitted by the state department, the following types of information are

the exclusive property of and are restricted to use by the state, counties, and contractors:

A.

Names and addresses of applicants for and recipients of assistance and/or the amounts of

assistance

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14

B.

Information contained in applications, correspondence, and other information concerning any

applicant or recipient from whom, or about whom, information is obtained by the county or

contractor

C.

Records of state, county, or contractor evaluations of the above information

D.

All information obtained through the state income and eligibility verification system (SIEVES)

3.751.486

Disclosure of Confidential Information

No one outside of the county or contractor shall have access to records of the department except for

individuals executing the state income and eligibility verification system (SIEVES), child support

enforcement officials, federal and state auditors and private auditors for the county or contractor, and the

applicant or recipient of public assistance. These individuals shall have access only for purposes

necessary for the administration of the programs. Access to the records of the department may be

permitted if one of the following conditions is met:

A

ification system (SIEVES), child support

enforcement officials, federal and state auditors and private auditors for the county or contractor, and the

applicant or recipient of public assistance. These individuals shall have access only for purposes

necessary for the administration of the programs. Access to the records of the department may be

permitted if one of the following conditions is met:

A.

The applicant or recipient is notified and their prior permission for release of information is

obtained, unless the information is to be used to verify income or eligibility under administration of

the SIEVES. If, the information is needed to provide services to an emergency applicant, and the

applicant or recipient is physically or mentally incapacitated to the extent that they cannot sign the

release form, and time does not permit obtaining the applicant or recipient’s consent prior to

release of information, the county or contractor must notify the applicant or recipient immediately

after supplying the information. The notification shall include the name and address of the agency

which requested the information, the reason the information was requested, and a summary of

the information released. If the applicant or recipient does not have a telephone or cannot be

contacted immediately, the county or contractor must send written notification containing the

required information within three (3) working days from the date the information was

B.

A district attorney makes a written request for information for the purpose of either prosecution for

fraud or tracing a parent who has deserted a child.

C

applicant or recipient does not have a telephone or cannot be

contacted immediately, the county or contractor must send written notification containing the

required information within three (3) working days from the date the information was

B.

A district attorney makes a written request for information for the purpose of either prosecution for

fraud or tracing a parent who has deserted a child.

C.

Verified information obtained from the internal revenue service through the SIEVES may be

provided only to persons or agencies directly connected with the administration of the child

support enforcement program (if administered by an agency outside of the county department),

department of labor and employment, the social security administration, and other agencies in the

state when necessary for the administration of other state or federally funded assistance

programs or the unemployment insurance program. Counties and contractors shall not release

information regarding applicants or recipients to law enforcement agencies, except as provided in

this section 3.751.486.b and 3.751.486.d.

D.

Upon request to the state department of human services by the Colorado bureau of investigation,

with the responsibility for location and apprehension of fugitive felons (i.e., a person with an

outstanding felony arrest warrant), the addresses of a fugitive felon who is a recipient shall be

released.

The applicant or recipient shall have an opportunity to examine such pertinent records concerning

themselves when those records constitute a basis for adverse action, a hearing, or an appeal. Other

requests for information shall be honored only when the individual makes the request in person and their

identity is verified or the request is in the form of a written, signed, and notarized statement

The applicant or recipient shall have an opportunity to examine such pertinent records concerning

themselves when those records constitute a basis for adverse action, a hearing, or an appeal. Other

requests for information shall be honored only when the individual makes the request in person and their

identity is verified or the request is in the form of a written, signed, and notarized statement.

If an applicant or recipient designates an individual, firm, or agency to represent the applicant or recipient

at conferences, hearings, or appeals and the representative is designated by completion of form im-17

(“designation of representative”), the representative shall have access to records pertinent to the

conference, hearing, or appeal.

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Information concerning an applicant or recipient may be released to a district attorney upon presentation

of a written request accompanied by evidence that a situation involving fraud or a parent deserting their

child is the basis for the request. The release is strictly conditioned upon the information being used

solely for one of those two purposes and the person requesting the information must certify the use to be

made of the information and that it will not be disclosed or used for any other purpose. No certification

shall be required of the county board of social services when its members are acting in their official

capacity in administration of social services programs.

The applicant or recipient may execute a formal written release for disclosure of information to other

agencies. Before information is released, the county or contractor should be reasonably sure that the

confidential nature of the information will be preserved, the information will only be used for purposes

related to the function of the inquiring agency, and the standards of protection established by the inquiring

agency are equal to those established by the state department

information to other

agencies. Before information is released, the county or contractor should be reasonably sure that the

confidential nature of the information will be preserved, the information will only be used for purposes

related to the function of the inquiring agency, and the standards of protection established by the inquiring

agency are equal to those established by the state department.

Information obtained through SIEVES will be stored and processed so that no unauthorized personnel

can acquire or retrieve the information. Counties and contractors are responsible for limiting access to

SIEVES data to only those individuals requiring access to determine eligibility or otherwise administer the

LEAP program.

All persons with access to information obtained through SIEVES will be advised of the circumstances

under which access is permitted and the sanctions imposed for illegal use or disclosure of the

information.

The name of an applicant or recipient shall not be disclosed to a group or individual sponsoring a holiday

project without first contacting the applicant or recipient to determine if they would like to participate in the

project.

Case records shall not be available to volunteer workers. Selected information concerning an individual or

family may be made available to the volunteer worker only if the volunteer’s supervisor determines that

access to the information is necessary.

Should a county commissioner or district attorney seek information about an applicant or recipient which

is not in possession of the county or contractor, the requestor shall contact the state leap office

s. Selected information concerning an individual or

family may be made available to the volunteer worker only if the volunteer’s supervisor determines that

access to the information is necessary.

Should a county commissioner or district attorney seek information about an applicant or recipient which

is not in possession of the county or contractor, the requestor shall contact the state leap office.

3.751.487

Protection against Discrimination

Counties and contractors are to administer LEAP in such a manner that no person will, on the basis of

race, color, religion, creed, national origin, ancestry, sex, pregnancy, age, sexual orientation, gender

identity, or physical or mental disability, be excluded from participation, be denied any aid, care, services,

or other benefits of, or be otherwise subjected to, discrimination in such program.

The county or contractor shall not, directly or through contractual or other arrangements, on the basis of

race, color, religion, creed, national origin, ancestry, sex, pregnancy, age, sexual orientation, gender

identity, or physical or mental disability:

A.

Provide any aid, care, services, or other benefits to an individual which is different, or is provided

in a different manner, from that provided to others;

B.

Subject any individual to segregation barriers or separate treatment in any manner related to

access to or receipt of assistance, care, services, or other benefits;

C.

Restrict any individual in any way in the enjoyment or any advantage or privilege enjoyed by

others receiving aid, care, services, or other benefits provided under assistance programs;

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dividual to segregation barriers or separate treatment in any manner related to

access to or receipt of assistance, care, services, or other benefits;

C.

Restrict any individual in any way in the enjoyment or any advantage or privilege enjoyed by

others receiving aid, care, services, or other benefits provided under assistance programs;

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D.

Treat any individual differently from others in determining whether they satisfy any eligibility or

other requirements or conditions which individuals must meet in order to receive aid, care,

services, or other benefits provided under assistance programs;

E.

Deny an individual an opportunity to participate in assistance programs through the provision of

services or otherwise, or afford them an opportunity to do so which is different from that afforded

others under assistance programs;

F.

Deny an individual the opportunity to participate as a member of a planning or advisory body that

is an integral part of the program.

The references to “aid, care, services or other benefits” includes all forms of assistance, including direct

and vendor payments, social services, and information and referral services.

No distinction on the basis of race, color, religion, creed, national origin, ancestry, sex, pregnancy, age,

sexual orientation, gender identity, or physical or mental disability is permitted in relation to the use of

physical facilities, intake and application procedures, caseload assignments, determination of eligibility,

and the amount and type of benefits extended by the county or contractor to applicants or recipients.

The county or contractor shall assure that all other agencies, persons, contractors, and other entities with

which it does business are in compliance with the above prohibition against discrimination on a continuing

basis

application procedures, caseload assignments, determination of eligibility,

and the amount and type of benefits extended by the county or contractor to applicants or recipients.

The county or contractor shall assure that all other agencies, persons, contractors, and other entities with

which it does business are in compliance with the above prohibition against discrimination on a continuing

basis. The county and contractor staff are responsible for being alert to any discriminatory activity by

other agencies and for notifying the state department concerning any such discriminatory situation.

The state department, through its contact with agencies, persons, and referral services, will be

continuously alert to discriminatory activity and will take appropriate action to assure compliance with the

prohibition against discrimination. If corrective action is not taken when discriminatory activity is

suspected, the state department will notify the state leap office of termination of payments. The county or

contractor, upon notification by the state department, will also terminate payments to and association with

any agency, person, or resource being used which has been found to continue discriminatory activity in

regard to applicants or recipients.

An individual who believes they are being discriminated against may file a complaint with the county,

contractor, state department, or directly with the federal government. When a complaint is filed with the

county, the county director is responsible for investigating the matter immediately and taking necessary

corrective action to eliminate any discriminatory activities found. If such activities are not found, the

individual shall be given a written explanation of the outcome of the complaint. If the individual is not

satisfied with the explanation, they may direct their complaint, in writing, to the state department, which

will be responsible for further investigation

r immediately and taking necessary

corrective action to eliminate any discriminatory activities found. If such activities are not found, the

individual shall be given a written explanation of the outcome of the complaint. If the individual is not

satisfied with the explanation, they may direct their complaint, in writing, to the state department, which

will be responsible for further investigation. The state department will also carry out an investigation, take

necessary corrective action, if any, and provide a written response, upon receiving a complaint made to a

contractor or received directly from an individual.

Upon receipt of a complaint alleging discrimination on the basis of race, color, religion, creed, national

origin, ancestry, sex, pregnancy, age, sexual orientation, gender identity, or physical or mental disability,

the state department shall explain LEAP policy to the complainant. If there is insufficient information as to

the nature or other details concerning the complaint, the state department shall contact the county or

contractor in writing to obtain such information. Copies of the letter shall be sent to the complainant. The

county or contractor shall reply in writing.

If the state department determines that the county or contractor action is not discriminatory and the

complainant disagrees, the complainant has the right to appeal the case to the state department.

If it is found that a county or contractor practice or action is discriminatory, the state department shall

immediately initiate corrective action to ensure that any and all discriminatory practices are permanently

terminated.

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natory and the

complainant disagrees, the complainant has the right to appeal the case to the state department.

If it is found that a county or contractor practice or action is discriminatory, the state department shall

immediately initiate corrective action to ensure that any and all discriminatory practices are permanently

terminated.

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17

3.751.488

Notice of Appropriate Use of Electronic Benefit Transfer (EBT) Card [Rev. eff.

11/1/15]

An explanation shall be provided regarding the process of utilizing the Electronic Benefit Transfer (EBT)

card. This explanation shall include:

A.

Identification of the following establishments in which clients shall not be allowed to access cash

benefits through the electronic benefits transfer service from automated teller machines:

1.

Licensed gaming establishments;

2.

In-state simulcast facilities;

3.

Tracks for racing;

4.

Commercial bingo facilities;

5.

Stores or establishments in which the principal business is the sale of firearms;

6.

Retail establishments licensed to sell malt, vinous, or spirituous liquors;

7.

Establishments licensed to sell medical marijuana or medical marijuana infused products,

or retail marijuana or retail marijuana products, effective June 30, 2015; and,

8.

Establishments that provide adult-oriented entertainment in which performers disrobe or

perform in an unclothed state for entertainment, effective June 30, 2015.

B.

An explanation that the cash portion issued on the EBT card may be suspended with identified

misuse.

3.751.489

Electronic Benefit Transfer and Point of Sale Restriction

Participants are prohibited from using his/her EBT card at automated teller machines and point of sale

(POS) devices located in establishments as described in Section 3.751.49 A 1-84.

Individuals’ transactions shall be monitored monthly. Individuals who use prohibited ATMs or POS

devices shall be contacted by the State Department. Inappropriate usage shall result in:

1

nd Point of Sale Restriction

Participants are prohibited from using his/her EBT card at automated teller machines and point of sale

(POS) devices located in establishments as described in Section 3.751.49 A 1-84.

Individuals’ transactions shall be monitored monthly. Individuals who use prohibited ATMs or POS

devices shall be contacted by the State Department. Inappropriate usage shall result in:

1.

Warning that use of the EBT card in prohibited establishments will result in the card being

disabled. The state department shall provide education about appropriate use, access,

and alternatives.

2.

If continued misuse occurs (identified in the usage report after a warning has occurred),

the State Department will coordinate with the county department to disable the card and

initiate contact with the individual for additional assessment.

3.751.5

RECOVERY PROCEDURES

3.751.51.

Recoveries [Eff. 12/1/14]

County departments/Contractor must institute recoveries to ensure that Heating Fuel Assistance Program

benefits do not exceed the maximum amounts described in these rules.

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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/Contractor,

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. 12/1/14]

Overpayment of Heating Fuel Assistance 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

ned to assist county departments in

identifying and correcting such payments.

3.751.53

Definition of Overpayment [Rev. Eff. 12/1/14]

Overpayment of Heating Fuel Assistance 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]

In any case where there has been an overpayment, there shall be no recovery from any recipient:

A.

Who is without fault in the creation of the overpayment, and

B.

If such recovery would deprive the person of income required for ordinary and necessary living

expenses or would be against equity and good conscience.

The case record shall document the reason why an overpayment is not being recovered.

When the county or contractor has determined that a recipient has received LEAP benefits to which they

were not entitled, the state department:

A.

Determines if the overpayment is to be recovered;

B.

Determines if there was willful withholding of information and considers or rules out possible

fraud;

C.

Establishes the amount of overpayment; and

D.

Enters the amount of overpayment and other specific factors regarding the situation into the case

record.

3.751.56

Fraudulent Acts

3.751.561

Definition – Fraud

“fraud” means an individual secured or attempted to secure or aided and abetted another person in

securing public assistance to which the individual was not entitled by means of willful misrepresentation

or intentional concealment of an essential fact.

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situation into the case

record.

3.751.56

Fraudulent Acts

3.751.561

Definition – Fraud

“fraud” means an individual secured or attempted to secure or aided and abetted another person in

securing public assistance to which the individual was not entitled by means of willful misrepresentation

or intentional concealment of an essential fact.

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19

3.751.562

Referral to the District Attorney

When the county or contractor determines that it has paid or is about to pay a recipient an assistance

payment as a result of a fraudulent act, the facts used in the determination shall be reviewed with the

department’s legal counsel within the attorney general’s office and/or a representative from the district

attorney’s office. If suspected fraud is substantiated by the available evidence, the case shall be referred

to the district attorney. All referrals to the district attorney shall be made in writing and shall include the

amount of assistance fraudulently received by the recipient.

3.751.563

Penalties for Individuals Who Are Found Guilty of Committing Fraud

Individuals who are found guilty of committing fraud, pursuant to section 26-1-127, C.R.S., in a prior

program year shall be ineligible to participate in LEAP in the subsequent program year for the first

violation, two program years for the second violation, and permanently for the third violation.

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/Contractor 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/Contractor based on a monitoring plan developed by the State Department

Information [Rev. eff. 11/1/98]

County departments/Contractor 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/Contractor 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.

3.751.64

County Case File Review [Eff. 12/1/14]

County department/Contractor supervisory personnel shall review eligibility determinations monthly, from

October 1st to May 30th, and submit the results of those reviews when requested by the state. At

minimum the supervisor shall:

A.

Pull a random sample of two determinations per technician;

B.

Determine the correctness of eligibility determinations accomplished.

C.

Ensure timely correction of any determination errors; and,

D.

Maintain a record of the cases reviewed for audit purposes.

3.751.7 REIMBURSEMENT AND SANCTIONS

3.751.71

Reimbursements [Rev. eff. 12/1/14]

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 Heating Fuel Assistance Program,

outreach, and other administrative costs.

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dit purposes.

3.751.7 REIMBURSEMENT AND SANCTIONS

3.751.71

Reimbursements [Rev. eff. 12/1/14]

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 Heating Fuel Assistance Program,

outreach, and other administrative costs.

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20

3.751.72

Sanctions [Rev. eff. 12/1/14]

County departments/Contractor, which fail to follow the rules of the Heating Fuel Assistance Program

shall be subject to administrative sanctions as determined by the State Department (see 11 CCR 2508-1).

3.752

LOW-INCOME ENERGY ASSISTANCE PROGRAM: HEATING FUEL ASSISTANCE

PROGRAM [Rev. eff. 12/1/14]

3.752.1

APPLICATION PERIOD [Rev. eff. 11/1/13]

To apply for LEAP, the general public shall submit a 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, Old Age Pension (OAP), Aid to the Needy Disabled (AND), Aid to the Blind (AB), and

Supplemental Social Security Disability Benefits.) 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

Security Disability Benefits.) 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 [Rev. eff. 12/1/14]

To be determined eligible for a Heating Fuel Assistance 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, income, vulnerability, fuel type, household composition, shared living

arrangements, dwelling type, and estimated home heating costs.

3.752.21

Countable Unearned Income [Rev. eff. 12/1/14]

Countable unearned income includes but is not limited to the following, as well as payments from any

other source, which is considered to be a gain or benefit to the applicant or recipient:

A.

Inheritance, gifts, and prizes;

B.

Dividends and interest paid out or withdrawn on savings bonds, leases, bank accounts;

C.

Proceeds of a life insurance policy to the extent that they exceed the amount expended by the

beneficiary for the purpose of the insured recipient's last illness or burial that are not covered by

other benefits;

D.

Proceeds of a health insurance policy or personal injury lawsuit to the extent that they exceed the

amount to be expended or required to be expended for medical care;

E.

Strike benefits;

F

ceeds of a life insurance policy to the extent that they exceed the amount expended by the

beneficiary for the purpose of the insured recipient's last illness or burial that are not covered by

other benefits;

D.

Proceeds of a health insurance policy or personal injury lawsuit to the extent that they exceed the

amount to be expended or required to be expended for medical care;

E.

Strike benefits;

F.

Income from jointly owned property: - in a percentage at least equal to the percentage of

ownership or, if receiving more than percentage of ownership, the actual amount received;

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21

G.

Lease bonuses (oil or mineral) received by the lessor as an inducement to lease land for

exploration are income in the month received;

H.

Oil or mineral royalties received by the lessor are income in the month received;

I

Supplemental Security Income (SSI) benefits received by an applicant or recipient shall be

considered income in the month received. When determining income, do not consider cents in the

gross benefit amount.

J.

Income derived from monies (or other property acquired with such monies) received pursuant to

the “Civil Liberties Act of 1988”, P.L. 100-383;

K.

Amounts withheld from unearned income because of a garnishment are countable as unearned

income.

L.

Public Assistance Income as defined in 3.751.1: Colorado Works, Old Age Pension (OAP); Aid

To The Needy Disabled (AND); Aid To The Blind (AB); Non-Categorical Refugee Assistance

(NCRA); Social Security Disability Insurance (SSDI).

M.

Income received from adoption assistance or subsidies.

N.

Income received from child support and spousal maintenance payments

3.752.211

Periodic Payments [Eff. 12/1/14]

The following types of periodic payments are among those included in countable unearned income:

A.

Annuities - payments calculated on an annual basis which are in the nature of returns on prior

payments or services; they may be received from any source;

B

ption assistance or subsidies.

N.

Income received from child support and spousal maintenance payments

3.752.211

Periodic Payments [Eff. 12/1/14]

The following types of periodic payments are among those included in countable unearned income:

A.

Annuities - payments calculated on an annual basis which are in the nature of returns on prior

payments or services; they may be received from any source;

B.

Pension or retirement payments - payments to an applicant or recipient following retirement from

employment; such payments may be made by a former employer or from any insurance or other

public or private fund;

C.

Disability or survivor's benefits - payment to an applicant or recipient who has suffered injury or

impairment, or, to such applicant's or recipient's dependents or survivors; such payments may be

made by an employer or from any insurance or other public or private fund;

D.

Worker's compensation payments - payments awarded under federal and state law to an injured

employee or to such employee's dependents; amounts included in such awards for medical,

legal, or related expenses incurred by an applicant or recipient in connection with such claim are

deducted in determining the amount of countable unearned income.

E.

Veteran compensation and pension - payments based on service in the armed forces; such

payments may be made by the U.S. Veterans Administration, another country, a state or local

government, or other organization. Any portion of a VA pension that is paid to a veteran for

support of a dependent shall be considered countable unearned income to the dependent rather

than the veteran.

F.

Unemployment compensation - payments in the nature of insurance for which one qualifies by

reason of having been employed and which are financed by contributions made to a fund during

periods of employment;

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to a veteran for

support of a dependent shall be considered countable unearned income to the dependent rather

than the veteran.

F.

Unemployment compensation - payments in the nature of insurance for which one qualifies by

reason of having been employed and which are financed by contributions made to a fund during

periods of employment;

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22

G.

Railroad retirement payments - payments, such as sick pay, annuities, pensions, and

unemployment insurance benefits, which are paid by the Railroad Retirement Board (RRB) to an

applicant or recipient who is or was a railroad worker, or to such worker's dependents or

survivors;

H.

Social Security Benefits - Old Age (or Retirement), Survivors and Disability Insurance payments

(OASDI or RSDI) made by the Social Security Administration; also included are special payments

at age seventy-two (72) (Prouty benefits) and black lung benefits. When determining income, do

not consider cents in the gross income amount.

I.

Supplemental Security Income (SSI) - public assistance payments made by the Social Security

Administration to an applicant or recipient sixty five (65) years of age or older, or who is blind or

disabled; such payments are considered in accordance with requirements specified in the

applicable assistance program chapter. When determining income, do not consider cents in the

gross benefit amount.

K.

Trusts – any interest or trust payments received in the income verification period.

3.752.212

Military Allotment [Eff. 12/1/14]

A military allotment received on behalf of an applicant or recipient for those individuals included in the

budget unit shall be considered as income in the month received.

3.752.22

Income and Household Size Criteria [Rev. eff. 11/1/15]

A.

All countable unearned income shall be the countable gross unearned income received in the

income verification period, not to exceed one month’s income.

B

/1/14]

A military allotment received on behalf of an applicant or recipient for those individuals included in the

budget unit shall be considered as income in the month received.

3.752.22

Income and Household Size Criteria [Rev. eff. 11/1/15]

A.

All countable unearned income shall be the countable gross unearned income received in the

income verification period, not to exceed one month’s income.

B.

For purposes of determining a household's eligibility, earned ongoing income shall be the

countable gross income in any four (4) weeks of the eight (8) weeks prior to the application date.

C.

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 two gross semi-monthly income amounts to obtain total monthly income.

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23

3.

Partial Month Income

a.

Terminated Income

If a household member's income is terminated as of the application date, use

actual income received in the income verification period.

b.

Earned New Income

If a household member has a new source of earned income as of the application

date, use income received in the income verification period.

c.

Unemployment/Other Unearned Income

If a household member has not received his/her first check from this source of

income as of the income verification period, do not count any income from this

source. If the household member has received the income as of the income

verification period, use actual income for the income verification period.

4.

In-kind income is income received in exchange for employment and shall be considered

as earned income whose value is based on the services rendered

ck from this source of

income as of the income verification period, do not count any income from this

source. If the household member has received the income as of the income

verification period, use actual income for the income verification period.

4.

In-kind income is income received in exchange for employment and shall be considered

as earned income whose value is based on the services rendered. The amount

considered as earned income when a recipient is paid in lieu of cash is the declared

value of the item or service provided.

D.

All applicant households whose countable income for the eligibility period is up to and including

60 percent (60%) of the state median income level released by the U.S Department of Health and

Human Services for federal fiscal year 2023 shall meet the income requirements for the heating

fuel assistance program. The state department shall adjust the income limits annually based on

funds available and the state median income guidelines.

The state median income level means the income level for a household as set forth in 45 C.F.R. §

96.85 (2025), and the Low Income Home Energy Assistance Program Information Memorandum

2025, which are hereby incorporated by reference, no later amendments or editions are

incorporated. The regulation and memorandum are from the U.S. Department of Health and

Human Services. The federal regulation is available for no cost at HTTPS://WWW.ECFR.GOV/.

The memorandum is available for no cost at HTTPS://ACF.GOV/OCS/POLICY-

GUIDANCE/LIHEAP-IM2025-02-FEDERAL-POVERTY-GUIDELINES-AND-STATE-MEDIAN-

INCOME-ESTIMATES. The federal regulation and memorandum are also available for public

inspection and copying at the Colorado Department of Human Services, Food and Energy

Assistance Division,1575 Sherman Street, Denver, Colorado, 80203, during regular business

hours.

E.

Households which have been denied basic benefits and have had changes in circumstances may

reapply.

3.752.23

Income Exclusions [Rev. eff

ESTIMATES. The federal regulation and memorandum are also available for public

inspection and copying at the Colorado Department of Human Services, Food and Energy

Assistance Division,1575 Sherman Street, Denver, Colorado, 80203, during regular business

hours.

E.

Households which have been denied basic benefits and have had changes in circumstances may

reapply.

3.752.23

Income Exclusions [Rev. eff. 11/1/15]

To determine eligibility for financial assistance and the amount of the assistance payment, the following

shall be exempt from consideration as either resources or income. Verification is not required in the case

file but must be notated in the Report of Contact (ROC).

A.

The value of food assistance and USDA donated foods;

B.

Benefits received under Title III, Nutrition Program for the Elderly, of the Older Americans Act;

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24

C.

The value of supplemental food assistance received under the special food services program for

children provided for in the National School Lunch Act and under the Child Nutrition Act, including

benefits received from the special supplemental food program for Women, Infants and Children

(WIC);

D.

Home produce utilized for personal consumption;

E.

The value of any assistance paid with respect to a dwelling unit under:

1.

The United States Housing Act of 1937;

2.

The National Housing Act;

3.

Section 101 of the Housing and Urban Development Act of 1965;

4.

Title V of the Housing Act of 1949; or,

5.

Section 202(h) of the Housing Act of 1959.

F.

Payments to volunteers serving as foster grandparents, senior health aides, or senior

companions, and to persons serving in the Service Corps of Retired Executives (score) and

Active Corps of Executives (ace), AmeriCorps and any other program under Title I (Vista) when

the value of all such payments adjusted to reflect the number of hours such volunteers are

serving is not equivalent to or greater than the minimum wage, and Title II and III of the Domestic

Volunteer Services Act;

G

companions, and to persons serving in the Service Corps of Retired Executives (score) and

Active Corps of Executives (ace), AmeriCorps and any other program under Title I (Vista) when

the value of all such payments adjusted to reflect the number of hours such volunteers are

serving is not equivalent to or greater than the minimum wage, and Title II and III of the Domestic

Volunteer Services Act;

G.

Compensation received by the applicant or recipient pursuant to the Colorado Crime Victims

Compensation Act shall not be considered as income, property, or support available to the

applicant or recipient. This is compensation paid to innocent victims or dependents of victims of

criminal acts who suffer bodily injury;

H.

Monies received pursuant to the Civil Liberties Act of 1988;

I.

Any payment made from the Agent Orange Settlement Fund;

J.

The value of any commercial transportation ticket, for travel by an applicant or recipient (or

spouse) among the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico,

the Virgin Islands, Guam, American Samoa, and the northern Mariana Islands, which is received

as a gift by such applicant or recipient (or such spouse) and is not converted to cash;

K.

Reparation payments made under Germany's law for compensation of national socialist

persecution (German Restitution Act);

L.

Any money received from the Radiation Exposure Compensation Trust Fund;

M.

Reparation payments made under Sections 500 through 506 of the Austrian General Social

Insurance Act;

N.

Payments to applicants or recipients because of their status as victims of Nazi persecution;

O.

Income paid to children of Vietnam veterans who were born with spina bifida;

P.

All financial aid monies, including educational loans, scholarships, and grants, including work

study;

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hrough 506 of the Austrian General Social

Insurance Act;

N.

Payments to applicants or recipients because of their status as victims of Nazi persecution;

O.

Income paid to children of Vietnam veterans who were born with spina bifida;

P.

All financial aid monies, including educational loans, scholarships, and grants, including work

study;

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25

Q.

Earned income of children under the age of eighteen (18) who are residing with a parent or

guardian;

R.

Reimbursement received for expenses incurred in connection with employment from an

employer;

S.

Reimbursement for past or future expenses, to the extent they do not exceed actual expenses,

and do not represent gain or benefit to the household;

T.

Payments made on behalf of the household directly to others;

U.

Payment received as foster care/kinship income; foster care/kinship individuals are not

considered LEAP Household members;

V.

Any home care allowance or Attendant Support Allowance Care, if paid to a non-household

member;

W.

State/county diversion payments;

X.

Reverse mortgages;

Y.

Subsidized housing utility allowances;

Z.

G.I. Bill educational allowances, including housing and food allowances;

AA.

A one-time resettlement grant received under the refugee admissions program.

BB.

A bona fide loan is a debt that the borrower has an obligation to repay and expresses his or her

intention to repay, as documented in a written agreement or by collateral contact from the lender;

CC.

Funds received by persons fifty five (55) years of age and older under the Senior Community

Service Employment Program (SCSEP) under Title V of the Older Americans Act;

DD.

Income that is deemed necessary for the fulfillment of a Plan for Achieving Self-Support (PASS)

under Title XVI of the Social Security Act.

EE.

Money received in the form of non-recurring lump sum payments for income tax refunds, rebates,

or credits; retroactive lump-sum social security, SSI, and public assistance payments.

FF

mployment Program (SCSEP) under Title V of the Older Americans Act;

DD.

Income that is deemed necessary for the fulfillment of a Plan for Achieving Self-Support (PASS)

under Title XVI of the Social Security Act.

EE.

Money received in the form of non-recurring lump sum payments for income tax refunds, rebates,

or credits; retroactive lump-sum social security, SSI, and public assistance payments.

FF.

Supportive Services income received under the Colorado Works Program.

GG.

Money obtained from the liquidation of personal resources.

HH.

Any recurring or non-recurring health insurance subsidies paid directly to an employee by an

employer to assist with the purchase of private health insurance.

3.752.24

Resources [Rev. eff. 10/1/01]

There are no resource criteria for the Low-Income Energy Assistance Program.

The value of the household’s resources shall not be considered for the purpose of determining eligibility

for assistance.

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26

3.752.25

Vulnerability [Rev. eff. 11/1/15]

A.

A household shall be vulnerable in order to qualify for Heating Fuel Assistance Program benefits.

Vulnerability shall mean the household must be responsible for the costs of home heating as

defined below:

1.

The household is paying home heating costs directly to a vendor and is subject to home

heating cost increases.

2.

The household is living in non-subsidized housing and is paying home heating costs

either in the form of rent or as a separate charge in addition to rent.

3.

The household resides in subsidized housing as defined in the “Definitions” Section of

these rules; and, 1) the unit has an individual meter which identifies specific heating

usage of that unit and the household is subject to increased cost for home heating, or 2)

the tenant is subject to a heating surcharge assessed by means other than an individual

meter. Such surcharges may include percentage fees assessed to the tenant for home

heating

as defined in the “Definitions” Section of

these rules; and, 1) the unit has an individual meter which identifies specific heating

usage of that unit and the household is subject to increased cost for home heating, or 2)

the tenant is subject to a heating surcharge assessed by means other than an individual

meter. Such surcharges may include percentage fees assessed to the tenant for home

heating. Excess utility charges are to be specific to home heating and verified by the

County Department/Contractor. Under no circumstances shall rental costs be assumed to

be subject to change due to an increase in home heating costs unless otherwise verified

by the county department/Contractor.

4.

The applicant household in a residence where more than one household resides shall be

considered vulnerable if the applicant household contributes toward the total expenses of

the residence. These expenses include, but are not limited to, shelter and utilities.

5.

The applicant household must live in a traditional dwelling.

6.

Any applicant who shares a primary fuel, such as a shared natural gas meter, electric

meter or propane tank, will be considered a shared household and the Estimated Home

Heating Cost (EHHC) will be divided by the number of parties responsible for paying the

shared heat expense.

B.

Households in the following living arrangements shall not be considered to be vulnerable:

1.

Institutional group care facilities, public or private, such as nursing homes, foster care

homes, group homes, substance abuse treatment centers , or other such living

arrangements where the provider is liable for the costs of shelter and home heating, in

part or in full, on behalf of such individuals;

2.

Room and board, bed and breakfast;

3.

Correctional facilities;

4.

Dormitory, fraternity or sorority house;

5

roup care facilities, public or private, such as nursing homes, foster care

homes, group homes, substance abuse treatment centers , or other such living

arrangements where the provider is liable for the costs of shelter and home heating, in

part or in full, on behalf of such individuals;

2.

Room and board, bed and breakfast;

3.

Correctional facilities;

4.

Dormitory, fraternity or sorority house;

5.

Subsidized housing as defined in the “Definitions” section of these rules which does not

have an individual check meter for heat for each unit or which cannot provide other

evidence of responsibility for paying home heating surcharges;

6.

Any applicant, or applicant household who is considered homeless or resides in non-

traditional dwellings;

7.

Commercial accounts or commercial properties that also serve as the client’s dwelling;

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27

8.

Hotels, unless proof that the household has lived or will live in the hotel continuously for

thirty (30) calendar days at the time of application and that heat is included in rent. Proof

may be shown by providing a monthly statement, billing statement or receipt indicating

the monthly arrangement.

C.

Landlords or other providers of shelter shall not be considered to be vulnerable unless they meet

the definition of household and the eligibility requirements of the Heating Fuel Assistance

Program.

D.

Vulnerability shall be verified for all applicant households as defined in these rules.

3.752.26

Mandatory Weatherization [Rev. eff. 12/1/14]

Households approved to receive a LEAP benefit must agree to have their dwelling weatherized if

contacted by a state-authorized weatherization agency. Failure to permit or complete weatherization may

result in denial of LEAP benefits for the following year.

A.

Exemptions

1.

Households containing a member(s) whose mental or physical health could be

exacerbated by weatherization shall be exempt.

2.

A household whose landlord refuses to allow weatherization shall not have benefits

denied.

3

if

contacted by a state-authorized weatherization agency. Failure to permit or complete weatherization may

result in denial of LEAP benefits for the following year.

A.

Exemptions

1.

Households containing a member(s) whose mental or physical health could be

exacerbated by weatherization shall be exempt.

2.

A household whose landlord refuses to allow weatherization shall not have benefits

denied.

3.

The local weatherization agency shall fully document the circumstances permitting the

exemption.

B.

Households Who Refuse Weatherization

1.

Households who refuse or terminate weatherization before completion shall not be

approved for LEAP benefits for the following year and a LEAP denial hold shall be placed

on the household at that address by the State LEAP office. The hold can only be

removed by the State LEAP office.

2.

If the household has moved to another address that has been weatherized, the

household may be approved for a LEAP benefit if otherwise eligible. If the new dwelling is

not already weatherized, weatherization must be completed before approved for LEAP.

3.

If a denied household subsequently allows the dwelling to be weatherized or

weatherization completed, the household must reapply and, as long as other eligibility

criteria are met, may be approved for LEAP benefits after notification from the local

weatherization agency that the weatherization is completed.

C.

State Weatherization Office Responsibilities

1.

Assure that standards, as delineated in Sections A and B above are applied uniformly

and equitably.

2.

Notify the state LEAP office by September 30th of all households who refuse

weatherization.

3.

Notify households who refuse weatherization, by first-class mail that their refusal may

result in denial of LEAP benefits for the following year.

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e that standards, as delineated in Sections A and B above are applied uniformly

and equitably.

2.

Notify the state LEAP office by September 30th of all households who refuse

weatherization.

3.

Notify households who refuse weatherization, by first-class mail that their refusal may

result in denial of LEAP benefits for the following year.

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28

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.

3.752.27

Mandatory Crisis Intervention Program (CIP) Inspection [Eff. 12/1/14]

Households that received assistance from the Crisis Intervention Program (CIP) must agree to have an

inspection of the work performed, to ensure that the equipment is safe, when contacted by a state

authorized agency. Failure to permit the inspection may result in denial of LEAP benefits for the following

year.

A.

Exemptions

1.

Households containing a member(s) whose mental health concerns could be

exacerbated by presence of the inspector shall be exempt.

2.

A household whose landlord refuses to allow the inspector in the property shall not have

benefits denied.

B.

Households Who Refuse CIP Inspection

1.

Households who refuse to allow the inspection shall not be approved for LEAP benefits

for the following year and a LEAP denial hold shall be placed on the household at that

address by the state LEAP office. The hold can only be removed by the state LEAP

office.

2.

If the household has moved to another address, the household may be approved for a

LEAP benefit if otherwise eligible.

3.

If a denied household subsequently allows the dwelling to be inspected, the household

must reapply and, as long as other eligibility criteria are met, may be approved for LEAP

benefits after notification from the inspecting agency that the inspection is completed.

C.

State CIP Contractor’s Responsibilities

The state contractor will:

1

ld may be approved for a

LEAP benefit if otherwise eligible.

3.

If a denied household subsequently allows the dwelling to be inspected, the household

must reapply and, as long as other eligibility criteria are met, may be approved for LEAP

benefits after notification from the inspecting agency that the inspection is completed.

C.

State CIP Contractor’s Responsibilities

The state contractor will:

1.

Assure that standards, as delineated in Sections A and B, above, are applied uniformly

and equitably.

2.

Notify the state LEAP office by September 30th of each year of all households that refuse

inspection.

3.

Notify households that refuse inspection that their refusal may result in denial of LEAP

benefits for the following year.

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29

GENERAL REQUIREMENTS FOR CITIZENSHIP AND LAWFUL PERMANENT RESIDENCY

[Eff.12/1/14]

3.753.1 CITIZENSHIP AND LAWFUL PERMANENT RESIDENCY STATUS [Eff. 12/1/14]

The following are citizens of the United States and are generally eligible to receive social services and

public assistance.

A.

Persons born in the United States, Puerto Rico, Guam, Virgin Islands (U.S.), American Samoa, or

Swain's Island;

B.

Persons who have become citizens through the naturalization process;

C.

Persons born to U.S. citizens outside the United States with appropriate documentation.

3.753.11

Verification of Citizenship in the United States [Eff. 12/1/14]

Documents that are acceptable as verification of citizenship can be found at 1 CCR 204-30, Appendix A.

3.753.111

Verification of Questionable Citizenship Information [Eff. 12/1/14]

The following shall be used in considering questionable statement(s) of citizenship from applicant:

A.

The claim of citizenship is inconsistent with statements made by the applicant, or with other

information on the application, or on previous applications.

B.

The claim of citizenship is inconsistent with information received from another reliable source

able Citizenship Information [Eff. 12/1/14]

The following shall be used in considering questionable statement(s) of citizenship from applicant:

A.

The claim of citizenship is inconsistent with statements made by the applicant, or with other

information on the application, or on previous applications.

B.

The claim of citizenship is inconsistent with information received from another reliable source.

Application of the above criteria by the eligibility worker must not result in discrimination based on race,

religion, ethnic background or national origin, and groups such as migrant farm workers or Native

Americans shall not be targeted for special verification. The eligibility worker shall not rely on a surname,

accent, or appearance that seems foreign to find a claim to citizenship questionable. Nor shall the

eligibility worker rely on a lack of English speaking, reading or writing ability as grounds to question a

claim to citizenship. There are no additional identification requirements for citizenship or lawful permanent

residency status.

3.753.13

Legal Immigrant [Eff. 12/1/14]

“Legal immigrant” means an individual who is not a citizen or national of the United States and who was

lawfully admitted to the United States by the Citizenship and Immigration Services (CIS) as an actual or

prospective permanent resident or whose physical presence is known and allowed by the CIS.

3.753.14

Documentation of Legal Immigrant [Eff. 12/1/14]

An alien considered a legal immigrant will normally possess one of the following forms provided by the

Citizenship and Immigration Services (CIS) as verification:

A.

I-94 arrival/departure record.

B.

I-551: resident alien card I-551).

C.

Forms I-688b or I-766 employment authorization document.

D.

A letter from CIS indicating a person’s status.

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n considered a legal immigrant will normally possess one of the following forms provided by the

Citizenship and Immigration Services (CIS) as verification:

A.

I-94 arrival/departure record.

B.

I-551: resident alien card I-551).

C.

Forms I-688b or I-766 employment authorization document.

D.

A letter from CIS indicating a person’s status.

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30

E.

Letter from the U.S. Dept. of Health and Human Services (HHS) certifying a person’s status as a

victim of a severe form of trafficking.

F.

Iraqi and afghan individuals who worked as translators for the U.S. military, or on behalf of the

U.S. government, or families of such individuals; and have been admitted under a Special

Immigrant Visa (SIV) with specific Visa categories of SI1, SI2, SI3, SI6, SI7, SI9, SQ1, SQ2, SQ3,

SQ6, SQ7, or SQ9. Eligibility limitations are outlined in Section 3.710.31, I.

G.

Any of the documents permitted by the Colorado Department of Revenue rules for evidence of

lawful presence 1 CCR 204-30, APPENDIX B).

3.753.15

Verification with Systematic Alien Verification of Entitlement (SAVE) Program [Eff.

12/1/14]

Legal immigrants applying for public assistance must present documentation from CIS showing the

applicant's status. All documents must be verified through SAVE (Systematic Alien Verification for

Entitlements) to determine the validity of the document.

3.753.16

Qualified Alien [Eff. 12/1/14]

A “qualified alien” is defined as follows:

A.

An alien lawfully admitted for permanent residence;

B.

An alien paroled into the United States under the Immigration and Naturalization Act (INA) for a

period of at least one year;

C.

An alien granted conditional entry pursuant to Section 203(a) (7) of the INA prior to April 1, 1980;

D.

A refugee;

E.

An asylee;

F.

An alien whose deportation is being withheld;

G.

A Cuban or Haitian entrant;

H.

A victim of severe form of trafficking who has been certified as such by the U.S. Department of

health and Human Services (HHS);

I

alization Act (INA) for a

period of at least one year;

C.

An alien granted conditional entry pursuant to Section 203(a) (7) of the INA prior to April 1, 1980;

D.

A refugee;

E.

An asylee;

F.

An alien whose deportation is being withheld;

G.

A Cuban or Haitian entrant;

H.

A victim of severe form of trafficking who has been certified as such by the U.S. Department of

health and Human Services (HHS);

I.

Iraqis and Afghans granted Special Immigrant Visa status;

J.

An alien who has been battered or subjected to extreme cruelty in the U.S. by a family member;

K.

An alien admitted to the U.S. as an Amerasian immigrant;

L.

An individual who was born in Canada and possesses at least fifty percent (50%) American

Indian blood or is a member of an Indian tribe;

3.753.17

Aliens and Temporary Residents Not Eligible for Assistance [Eff. 12/1/14]

The following individuals are not eligible for public assistance or social services programs:

A.

An alien with no status verification from the U.S. Citizenship and Immigration Service;

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31

B.

An alien granted a specific voluntary departure date;

C.

An alien applying for a status; or,

D.

A citizen of foreign nations residing temporarily in the United States on the basis of Visas issued

to permit employment, education, or a visit.

3.753.18

Citizenship Requirements [Eff. 12/1/14]

An applicant who does not meet lawful permanent residency or 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 requirements if there are other household members who meet the

citizenship requirements (i.e., minors born in the United States).

3.753.2

Residence [Eff. 12/1/14]

3.753.21

Colorado Residency [Eff. 12/1/14]

To be eligible for assistance, an applicant shall be a resident of Colorado at the time application is made

d's application shall not be denied due to lack of

documentation regarding citizenship requirements if there are other household members who meet the

citizenship requirements (i.e., minors born in the United States).

3.753.2

Residence [Eff. 12/1/14]

3.753.21

Colorado Residency [Eff. 12/1/14]

To be eligible for assistance, an applicant shall be a resident of Colorado at the time application is made.

There shall be no durational residence requirement. An applicant or recipient who establishes intent to

remain in Colorado shall, for public assistance purposes, is considered a current resident. “Intent to

remain” may be established by any or all of the following:

A.

Acquiring by purchase, rental, or other arrangements housing facilities used as a home;

B.

Household effects, equipment, and personal belongings being located in the home or being in

transit;

C.

Securing employment or engaging in other self-supporting activity based in Colorado;

D.

Parents entering children in local schools;

E.

Completing the affidavit of intent – residence form; and/or;

F.

Entering Colorado with a job commitment or in search of employment in Colorado.

3.753.22

Residency Requirements [Eff. 12/1/14]

Applicant households must meet the state residency requirements as contained in these rules. The

household must reside at the address for which it applied to receive LEAP benefits.

3.754

REASONS FOR DENIAL OF ASSISTANCE [Eff. 12/1/14]

“Denial” means that an application shall be denied when the applicant fails to meet the eligibility

requirements of the program. A denial also may be assessed on the basis of such factors as, but not

limited to:

A.

Refusal of the applicant to furnish information necessary to determine eligibility;

B.

Applicant unwilling to have the county department/Contractor contact a collateral source to

secure information and refusal of the applicant to sign the state-approved authorization for

release of information form;

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ch factors as, but not

limited to:

A.

Refusal of the applicant to furnish information necessary to determine eligibility;

B.

Applicant unwilling to have the county department/Contractor contact a collateral source to

secure information and refusal of the applicant to sign the state-approved authorization for

release of information form;

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32

C.

Applicant does not supply information or otherwise fails to cooperate with the county department

within the standards of promptness time limits and after having received notification of the reason

for delay;

D.

Applicant moves to an unknown address before determination of eligibility has been completed;

E.

Refusal of a third party to provide documentation of essential verifications.

3.754.1 FACTORS FOR DENIAL [Rev. eff. 11/1/15]

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.

Not a U.S. citizen or a qualified alien; 3.753.16 (13).

D.

A household is a duplicate household or was previously approved as part of another household;

3.751.2.A (06).

E.

The household has voluntarily withdrawn its application; 3.756.18 (09).

F.

The household has received Heating Fuel Assistance Program benefits from another county;

3.756.17 (10).

G.

The household has failed to provide complete application information or required verification;

3.751.1, “Completed Application” (11).

H.

The household is not a resident of Colorado; 3.753.21 (07).

I.

The household failed to sign the application form; 3.751.1, “Completed Application”, (21).

J.

The household filed an application outside of the application period; 3.752.1 (14).

K.

Unable to locate the applicant; 3.756.19 (25).

L.

Refused weatherization services from a state weatherization agency; 3.752.26 (26).

M.

The applicant failed to provide valid identification; 3.753.11 (05).

N.

The applicant failed to provide an affidavit; 3.753.12.B.2 (08).

O

1.1, “Completed Application”, (21).

J.

The household filed an application outside of the application period; 3.752.1 (14).

K.

Unable to locate the applicant; 3.756.19 (25).

L.

Refused weatherization services from a state weatherization agency; 3.752.26 (26).

M.

The applicant failed to provide valid identification; 3.753.11 (05).

N.

The applicant failed to provide an affidavit; 3.753.12.B.2 (08).

O.

The applicant failed to provide valid identification; 3.753.11, and the applicant failed to provide an

affidavit; 3.753.12.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; 3.753.22

(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;

3.758.46.C (28).

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33

T.

The household refused inspection of the Crisis Intervention Program work; 3.752.27 (27).

U.

The applicant has been convicted of fraud; 3.751.56 (29).

V.

The household failed to provide necessary verification of income; 3.752.22 (02)

W.

The household is homeless.

3.754.11

Appropriate Reason for Denial [Eff. 12/1/14]

The county department shall use the most appropriate reason for denial; if the county department is

unclear as to the most appropriate reason for denial, it shall consult the State Department.

3.754.12

Notice of Denial [Eff. 12/1/14]

A notice of denial shall be provided to the applicant within seven (7) calendar days of the decision; the

state will provide the notices to the county department/Contractor for distribution.

3.755

VERIFICATION POLICIES AND CASE RECORD DOCUMENTATION

3.755.1 GENERAL

3.755.11

Verification in Determining Initial Eligibility and Payment Amount [Rev. eff. 12/1/14]

Income, estimated home heating costs, and vulnerability shall be verified in determining initial eligibility

and/or payment amount

decision; the

state will provide the notices to the county department/Contractor for distribution.

3.755

VERIFICATION POLICIES AND CASE RECORD DOCUMENTATION

3.755.1 GENERAL

3.755.11

Verification in Determining Initial Eligibility and Payment Amount [Rev. eff. 12/1/14]

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 may be copied from the prior year case

file and provided in the current case file.

3.755.12

Conflicting Information [Rev. eff. 12/1/14]

If the county/contractor 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/contractor 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/contractor. Information used to determine eligibility and

benefit level shall be documented in the system. However, in appropriate cases, the counties/contractor

may institute fraud proceedings.

3.755.13

Case Record [Rev. eff. 12/1/14]

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 the report of contact of any discrepancy between information contained on

the application and information in the LEAP system;

D

edings.

3.755.13

Case Record [Rev. eff. 12/1/14]

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 the report of contact 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 the report of contact necessary to provide a clear and

adequate record of action taken on the case.

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34

E.

Documentation of all written notices 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 and/or client contact is made.

G.

All historical data used must be present in the file and documented in the Report of Contact.

(ROC). The date of the roc entry into the state leap system shall be considered the current date

stamp on the historical data.

3.755.14

Written Policy [Eff. 12/1/14]

Each county department/Contractor shall develop a written policy stipulating the order of the case record,

and the content of all records in that county department shall be filed according to that county department

policy. If the case record is not an electronic file the county department must stipulate that case record

material must be fastened to the file folder in order to secure the information and maintain the filing order.

3.755.15

County Storage of Records [Eff. 12/1/14]

The county department shall be responsible for the provision of a safe place for storage of case records

and confidential material. If a county department/Contractor shares building space with other county

offices, locked files to store case material shall be used

to the file folder in order to secure the information and maintain the filing order.

3.755.15

County Storage of Records [Eff. 12/1/14]

The county department shall be responsible for the provision of a safe place for storage of case records

and confidential material. If a county department/Contractor shares building space with other county

offices, locked files to store case material shall be used. Janitors and other maintenance personnel shall

be instructed concerning the confidential nature of information.

3.755.16

State Authority Required for Removal of Case Records [Eff. 12/1/14]

Case records are the property of and shall be restricted to use by the State Department and county

department or Contractor. Only on authority of the State Department may case records be removed from

the office of the county department or Contractor.

3.755.17

Archiving Case Files [Eff. 12/1/14]

The county department/Contractor shall archive three (3) program years plus the current program year

files and make them available to the State upon request.

3.755.2

VERIFYING INCOME

3.755.21

Adequate Verification of Income [Rev. eff. 11/1/15]

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, worker'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,

cludes 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,

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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 as defined in Section 18-6-

800.3(1), C.R.S., when the applicant provides evidence from a court or participation in

the state’s Address Confidentiality Program (ACP) pursuant to Section 24-30-2104,

C.R.S. 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.

D.

Earned ongoing income shall be verified for at least four (4) weeks of the eight (8) weeks prior to

the application date and shall consist of pay stubs or statements from employers which state the

actual gross income earned.

E.

Public assistance income shall be verified through the most current active county records. The

Low-Income Energy Assistance Program case record must specifically reference the source

document of the income information via federal and/or state system inquiries (i.e., a copy of

applicable CBMS screens).

F

onsist of pay stubs or statements from employers which state the

actual gross income earned.

E.

Public assistance income shall be verified through the most current active county records. The

Low-Income Energy Assistance Program case record must specifically reference the source

document of the income information via federal and/or state system inquiries (i.e., a copy of

applicable CBMS screens).

F.

Verification of income other than public assistance income of applicant households may be

obtained through the most current active county records. The Low-Income Energy Assistance

Program case record must specifically reference the source document of the income verification

(i.e., source document name and/or number and document date).

G.

Verification may be obtained by collateral contact, provided that the case record contains

complete information on the name and title of the person contacted, the name of the employer or

agency, the period of employment and the actual gross income received, earned or unearned.

H.

In verifying zero income, including situations where the shelter expenses exceed income, the

county shall examine income of all adult members of the household by using the Department of

Labor and Employment (DOLE) verification system and one or more of the following methods:

1.

Obtain a reasonable explanation from the household on how they meet shelter expenses

and notate in the Record of Contact (ROC) when the explanation is verbally

communicated.

2.

Verify final date of employment with last employer;

3.

Colorado Benefits Management System (CBMS).

I

Verification of self-employment income shall include, at a minimum:

1.

Written or verbal declaration of monthly gross income, which may include Profit and loss

statements, i.e., self-employment ledger; and,

2.

Receipts for business-related expenses are required in order to be considered as

deductions:

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enefits Management System (CBMS).

I

Verification of self-employment income shall include, at a minimum:

1.

Written or verbal declaration of monthly gross income, which may include Profit and loss

statements, i.e., self-employment ledger; and,

2.

Receipts for business-related expenses are required in order to be considered as

deductions:

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36

a.

Rent or mortgage is not an allowable expense when the applicant is operating a

business from his or her residence.

b.

Utilities, data and phone bills including cell phones are not allowable expenses

when the account is in the name of an individual.

c.

Fuel expenses are allowable for vehicles used solely for business and for

individuals who use personal vehicles that are directly related to the work and

necessary to conduct business. The county may accept gas receipts and/or

documentation of mileage for those vehicles that are not used solely for

business. If using a mileage log, the deduction is then based on the number of

miles times the county’s established reimbursement rate.

D.

Rental property allowable expenses shall be limited to the costs of maintenance

of the property.

3.

Credit card and bank statements are not allowable receipts for business related

expenses.

J.

Owners of LLC’s or S-Corps are considered employees of the corporation and therefore cannot

be considered self-employed. Because they are not considered self-employed, they are not

entitled to the exclusion of allowable costs of producing self-employment income. The income

from these types of corporations should be counted as regular earned income, not self-

employment income. When owners do not pay themselves a salary, but instead pay their

personal expenses from the business account, the amount of the personal expenses paid from

the business account will be considered their gross earned income

sion of allowable costs of producing self-employment income. The income

from these types of corporations should be counted as regular earned income, not self-

employment income. When owners do not pay themselves a salary, but instead pay their

personal expenses from the business account, the amount of the personal expenses paid from

the business account will be considered their gross earned income. Owners who do not pay

themselves a salary, but instead pay their personal expenses from the business account may

verify this information in the form of a written statement listing the expenses or can declare this

verbally by collateral contact.

K

Gift income shall be considered verified with applicant declaration.

3.755.3

(None)

3.755.4

VULNERABILITY

3.755.41

Evidence of Vulnerability [Rev. eff. 11/1/13]

All households shall be required to provide evidence of vulnerability for the primary heating fuel for the

residence at the time of application. Evidence of vulnerability may be shown by one of the following:

1.

A copy of the current or most recent fuel bill that the household is responsible for paying. The fuel

bill is not to exceed one (1) program year prior to the date of application for non-approved

vendors.

2.

Collateral contact with the fuel provider to establish vulnerability. Contact is to be documented in

the report of contact (ROC).

3.

A copy of the current or previous month’s rent receipt if heat is included in rent is also acceptable.

The rent receipt must specifically notate that heat and/or utilities are included in rent. A lease,

collateral contact or rent statement from the applicant's landlord is required if the rent receipt is

not specific.

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f contact (ROC).

3.

A copy of the current or previous month’s rent receipt if heat is included in rent is also acceptable.

The rent receipt must specifically notate that heat and/or utilities are included in rent. A lease,

collateral contact or rent statement from the applicant's landlord is required if the rent receipt is

not specific.

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4.

The county/contractor may use prior year's fuel bill if the information supplied matches the current

application/information. If historical information is being used to verify vulnerability, a notation

must be made in the case record. If the fuel bill that is submitted as evidence of vulnerability is in

the name of a person other than the applicant household, the case record shall contain a notation

that explains the discrepancy in names.

3.755.42

Subsidized Housing Rent Documentation [Rev. eff. 11/1/13]

Applicant households living in subsidized housing units shall be required to provide documentation

specifying that the household is subject to heating surcharges when home heating usage exceeds the

amount of the household's heating allowance, within the current LEAP program year, or evidence of a

separate heating bill.

3.755.43

Wood Permits [Rev. eff. 6/1/09]

Applicants who cut their own wood shall be required to provide a copy of their wood cutting permit. If a

permit is not available, the applicants must provide a written and signed statement that they cut their own

wood, plus documented proof that they cut it on their own land or that they have permission from the

landowner.

3.755.44

Wood Purchase/Other Bulk Fuels [Eff. 12/1/14]

Applicants who use wood as their primary heating fuel must provide a receipt from a wood vendor.

Receipts must include the vendor’s name, telephone number, date and the name and address of the

buyer; it must also contain the amount of wood purchased, the date of the purchase and the cost

wn land or that they have permission from the

landowner.

3.755.44

Wood Purchase/Other Bulk Fuels [Eff. 12/1/14]

Applicants who use wood as their primary heating fuel must provide a receipt from a wood vendor.

Receipts must include the vendor’s name, telephone number, date and the name and address of the

buyer; it must also contain the amount of wood purchased, the date of the purchase and the cost. If the

required information is not provided on the receipt, the county/contractor must document in ROC and

provide further explanation.

3.755.45

Propane Purchase/Other Bulk Fuels [Eff. 11/1/15]

Applicants who use propane or other bulk fuels, referred to in definitions in these rules, as their primary

heating fuel must provide a receipt or statement from their vendor. Receipts must include the vendor's

name, date, and the name and service address of the buyer.

Applicants, who utilize propane bottles/other bulk fuels, as described in definitions in these rules or

purchase propane as a cash account, are required to provide a copy of a receipt of purchase only from a

retail store or other propane provider.

3.755.5

ESTIMATED HOME HEATING COSTS

3.755.51

Verification [Rev. eff. 11/1/15]

County departments/Contractor shall obtain verification of estimated home heating costs. Verification

shall consist of evidence provided by the approved LEAP fuel vendor for the residence at the time of

application.

If the county/Contractor changes the Estimated Home Heating Costs (EHHC) originally provided by the

fuel vendor, the county/Contractor must obtain written verification or collateral contact of this change from

the fuel vendor. The verification from the vendor shall be placed in the case record.

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.

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tion or collateral contact of this change from

the fuel vendor. The verification from the vendor shall be placed in the case record.

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.

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38

3.756

PROCEDURES FOR PROCESSING APPLICATIONS AND NOTIFYING APPLICANT

HOUSEHOLDS

3.756.1 PROCEDURES

3.756.11

Application [Rev. eff. 12/1/14]

Heating Fuel Assistance Program applicants shall submit a completed application form as defined in the

“Definitions” section 3.751.1 of these rules to the county department in order to be considered for Heating

Fuel Assistance Program benefits. The county department/Contractor shall not require office interviews

for purposes of determining eligibility.

3.756.12

Application Processing [Rev. eff. 11/1/13]

A.

The county department/Contractor shall be required to date stamp all application forms,

verification, and information upon receipt.

B.

Beginning November 1st, all applications are to be screened upon receipt to determine if the

application is in emergency status. All potential emergency applications are to be pended in two

(2) business days from the date of application. All regular applications must be entered into the

LEAP database in a pending status within ten (10) business days from the date the application is

received in the county LEAP office. All applications received within the eligibility period must be

added and either approved or denied no later than June 19th.

C.

The county department/Contractor shall be required to review for duplicate applications. The

county department/Contractor shall determine if an application is complete as defined in the

“Definitions” section of these rules

pplication is

received in the county LEAP office. All applications received within the eligibility period must be

added and either approved or denied no later than June 19th.

C.

The county department/Contractor shall be required to review for duplicate applications. The

county department/Contractor shall determine if an application is complete as defined in the

“Definitions” section of these rules. If an application is not complete, the county

department/Contractor shall notify the applicant household, in writing through a LEAP system-

generated letter, of information or verification necessary to determine eligibility and/or payment

level.

D.

The applicant household shall be provided two (2) calendar weeks from the date the notice is

postmarked to provide the requested information and/or verification. Clients who fail to submit the

required verification shall have their application denied within processing timelines for emergency

and regular applications. However, the county department may extend the period for submission

by the applicant of the information requested by the county department/contractor to complete the

application upon a showing of good cause for the applicant's failure to provide the necessary

information or verification within the two (2) week period. The extended period shall not exceed

two weeks. The term “good cause” as used above is defined as conditions outside the control of

the individual such as sudden illness, hospitalization, fire, theft, acts of God, and natural

disasters.

If the requested verification is provided after the application is denied, the county or contractor

shall reopen and complete processing of the application within fifteen (15) calendar days of

receipt. The requested verification must be received by June 15th of the current program year.

3.756.13

Lost Applications [Rev

udden illness, hospitalization, fire, theft, acts of God, and natural

disasters.

If the requested verification is provided after the application is denied, the county or contractor

shall reopen and complete processing of the application within fifteen (15) calendar days of

receipt. The requested verification must be received by June 15th of the current program year.

3.756.13

Lost Applications [Rev. 11/1/13]

If a household reports to the county/Contractor that it has mailed or otherwise made application for basic

benefits and the county department/Contractor cannot locate the application for the household, such

application shall be deemed “lost”. The procedures for handling “lost” applications shall be prescribed by

the State Department. The client must notify the county/Contractor of the lost application no later than

thirty (30) calendar days from the submission date.

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39

3.756.14

Determination of Eligibility [Rev. eff. 11/1/93]

A county department/contractor shall have up to thirty (30) calendar days from the date of application as

defined in section 3.751.1 of these rules to determine eligibility. The date of application is considered day

zero (0). If the thirtieth (30) day falls on a weekend or a holiday, the county/contractor shall have until

close of business on the following business day to determine eligibility.

Emergency applications for households shall be processed expeditiously and eligibility determined within

eighteen (18) calendar days of notification of the emergency by the applicant to the county

department/contractor. To allow for the full two (2) weeks for households to return requested verification,

cases pending verification must not be denied prior to the fifteenth (15th) day in which the request has

been mailed out. If the eighteenth (18) day falls on a weekend or holiday the eligibility determination shall

be processed by the close of business the next business day

ant to the county

department/contractor. To allow for the full two (2) weeks for households to return requested verification,

cases pending verification must not be denied prior to the fifteenth (15th) day in which the request has

been mailed out. If the eighteenth (18) day falls on a weekend or holiday the eligibility determination shall

be processed by the close of business the next business day.

Emergency applications for households shall be processed as expeditiously as possible not to exceed

eighteen (18) calendar days.

3.756.15

Notification of Approval or Denial [Rev. eff. 10/1/01]

Upon determination of eligibility, the household shall be notified in writing of approval or denial in

accordance with the notice requirements in these rules.

3.756.16

County of Residence [Rev. eff. 10/1/09]

The county of residence for applicant households shall be the county where the applicant household is

residing as of the date of application. An application received from a non-resident of the county shall be

forwarded to the county Department of Human Services in the county of residence or contractor in the

county of residence within five (5) working days. Processing time begins upon receipt of the application

by the county Department of Human Services in the county of residence or contractor in the county of

residence. The county forwarding the application shall, simultaneously, notify the applicant household, in

writing, of the name, address, and phone number of the county Department of Human Services to which

the application was forwarded.

If the application is not forwarded within five (5) working days to the county Department of Human

Services in the county of residence or contractor in the county of residence the receiving county

department of human services will work the application to completion

in

writing, of the name, address, and phone number of the county Department of Human Services to which

the application was forwarded.

If the application is not forwarded within five (5) working days to the county Department of Human

Services in the county of residence or contractor in the county of residence the receiving county

department of human services will work the application to completion. If the receiving county department

of human services pends the application prior to forwarding the application to the county Department of

Human Services in the county of residence or contractor in the county of residence, the receiving county

department of human services will work the application to completion.

3.756.17

Relocation [Rev. eff. 11/1/94]

If an approved household moves from one county to another within Colorado, the original county of

residence in which eligibility was determined, shall remain responsible for processing that case

throughout the program year. The new county of residence shall provide assistance to the case

processing county as requested. If an applicant then applies in the new county of residence, the

application shall be denied, and the applicant notified that benefits will be paid by the original county.

3.756.18

Withdrawn Application [Rev. eff. 11/1/08]

An applicant who voluntarily withdraws his/her application prior to eligibility being determined shall be

denied. The applicant may notify the county either in writing or verbally that they are voluntarily

withdrawing their application. Verbal notice must be documented in the report of contact (ROC).

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rawn Application [Rev. eff. 11/1/08]

An applicant who voluntarily withdraws his/her application prior to eligibility being determined shall be

denied. The applicant may notify the county either in writing or verbally that they are voluntarily

withdrawing their application. Verbal notice must be documented in the report of contact (ROC).

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40

3.756.19

Unlocated Applicant [Rev. eff. 10/1/09]

An applicant who cannot be located prior to eligibility being determined shall be denied. The

county/Contractor must attempt to locate the applicant by mailing a forwardable letter to the last known

address. If the applicant does not respond within fifteen (15) business days, the application shall be

denied.

3.756.2

ADVANCE PAYMENT OF THE HEATING FUEL ASSISTANCE PROGRAM BENEFIT

(applicable only when a signed Vendor Agreement has not been secured) [Rev. eff. 12/1/14]

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 or verbal 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.

For households where heat is included in rent, an 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.

3.757

PROCEDURE FOR REPORTING ELIGIBILITY AND PAYMENT INFORMATION

3.757.11

[Rev. eff. 9/1/11]

The county/Contractor will be required to correct any inaccuracies as they may result in an erroneous

payment amount and/or incorrect eligibility determination

nt, 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/Contractor 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/contractor shall enter completed applications into the LEAP automated system as

eligibility is determined.

3.758

PAYMENT POLICIES

3.758.1

(NONE)

3.758.2

(NONE)

3.758.3

CHANGES IN HOUSEHOLD COMPOSITION AFFECTING ISSUANCE OF PAYMENT

3.758.31

Change in Household Circumstances [Rev. eff. 12/1/14]

If, prior to payment, an eligible household's circumstances change, which involves separation or divorce

of a marriage or common law arrangement, and the household includes dependent children, the Heating

Fuel Assistance Program payment(s) shall be provided to the parent or guardian who resides with and

has the responsibility for the care of the dependent children.

If the household does not include dependent children, the Heating Fuel Assistance Program payment(s)

shall be paid to the person listed as applicant.

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ent children, the Heating

Fuel Assistance Program payment(s) shall be provided to the parent or guardian who resides with and

has the responsibility for the care of the dependent children.

If the household does not include dependent children, the Heating Fuel Assistance Program payment(s)

shall be paid to the person listed as applicant.

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41

3.758.32

Death of Payee Affecting Issuance of Payment [Rev. eff. 12/1/14]

When the payee for a Heating Fuel Assistance 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 Heating Fuel Assistance

Program payee's benefit provided that the surviving spouse or other household member was

included as part of the Heating Fuel Assistance Program payee's household upon Heating Fuel

Assistance Program eligibility determination.

C.

In the case of a single member household client payment the executor of the estate may claim

the payment. If the client payment is not claimed the payment will expunge two hundred seventy-

four (274) days. In the case of a single member household vendor payment, the vendor will follow

the process outlined in the vendor agreement.

3.758.4

PAYMENT METHODS

3.758.41

Heating Fuel Assistance Program Payment [Rev. eff. 12/1/14]

For an approved household which pays home heating costs directly to a fuel vendor, payment shall be

made as a vendor payment, provided a written vendor agreement has been secured. The State

Department shall be required to provide vendors servicing their county with an opportunity to sign the

state prescribed vendor agreement. County departments/Contractor shall provide vendors with

applications, brochures, envelopes, and other outreach material. In cases where a written vendor

agreement has not been secured, payment shall be issued directly to the eligible household

ecured. The State

Department shall be required to provide vendors servicing their county with an opportunity to sign the

state prescribed vendor agreement. County departments/Contractor shall provide vendors with

applications, brochures, envelopes, and other outreach material. In cases where a written vendor

agreement has not been secured, payment shall be issued directly to the eligible household.

For an approved household that pays home heating costs to a landlord, payment of the Heating Fuel

Assistance Program payment shall be made directly to the eligible household. Under no circumstances

shall a direct payment be made to a landlord.

3.758.42 - 3.758.45

(None)

3.758.46

Vendor Payment Procedures [Rev. eff. 12/1/14]

A.

When a direct vendor payment is made, the county department/Contractor shall be required:

1.

To notify each household of the amount and month such assistance is scheduled to be

paid on its behalf,

2.

To notify the household of the vendor to be paid on the household's behalf,

3.

To contact the vendor to explain the vendor payment process, when applicable.

4.

To notify each eligible household in writing of the eligible household's responsibilities to

continue to pay toward the household's heating costs. Such notification shall advise the

household that the Heating Fuel Assistance Program payment is not intended to totally

pay a household's heating costs.

If the household has received a notice from the vendor to terminate services or has

already had services terminated, the household is responsible to negotiate a payment

arrangement with their vendor.

5.

To notify the vendor in writing of each household's eligibility and projected payment

amount.

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totally

pay a household's heating costs.

If the household has received a notice from the vendor to terminate services or has

already had services terminated, the household is responsible to negotiate a payment

arrangement with their vendor.

5.

To notify the vendor in writing of each household's eligibility and projected payment

amount.

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42

B.

Prior to any Heating Fuel Assistance Program payment being made directly to a fuel vendor on

behalf of an eligible household, the following terms of agreement shall be obtained from the fuel

vendor in writing and notice of the same shall be included with the Heating Fuel Assistance

Program payment in accordance with a State prescribed form. Any revision or modification of the

assurances below, necessitated by unique circumstances, shall be submitted in writing to the

State Department for approval prior to execution of the vendor agreement.

C.

Refer to the State approved vendor agreement for specific requirements, conditions and

procedures. This agreement is available on the Colorado Department of Human Services web

site at www.colorado.gov/CDHS/LEAP.

3.758.47

Methodology for Calculating Heating Fuel Assistance Program Benefits [Rev. eff.

11/1/15]

The payment amount for an eligible Heating Fuel Assistance Program household shall be determined in

accordance with the following method:

Step A. Determine Estimated Home Heating Costs (EHHC)

The county department/Contractor shall determine estimated home heating costs for November

1st through April 30th for the household's current residence at the time of application. The

methodology for calculating estimated home heating costs is outlined below.

The county department/Contractor shall determine the applicant household's estimated home

heating costs as follows:

1.

An applicant household's estimated home heating cost shall consist of the total actual

home heating costs for the primary heating fuel for November 1st through April 30th, of

the prior year's heating season

ethodology for calculating estimated home heating costs is outlined below.

The county department/Contractor shall determine the applicant household's estimated home

heating costs as follows:

1.

An applicant household's estimated home heating cost shall consist of the total actual

home heating costs for the primary heating fuel for November 1st through April 30th, of

the prior year's heating season. Vendors serving applicant households shall be required

to supply actual home heating costs for November 1st through April 30th of the prior

year's heating season.

2.

For any applicant whose home heating costs for the prior year's heating season are not

available or determined by the county department to be invalid, the county department

shall use the flat rate amount. The State Department shall adjust the flat rate amounts

annually, based on the average actual home heating costs found in the LEAP system by

dwelling type for the prior year's heating season contained in the annual LEAP training

manual.

3.

The State Department shall adjust the standard rates for heating costs that are included

in rent annually, based on the flat rate amounts adjustment contained in the annual LEAP

training manual.

Step B Initial Statewide Adjustment

The State LEAP office will adjust benefit levels at the beginning of each LEAP program year based upon

the projected number of LEAP applications to be received and the estimated level of funding. Annually,

this calculation determines the percentage of the estimated home heating costs (EHHC) of the applicant

household to be adjusted.

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43

Step C. Adjustment for Electric Heat

Households using electric heat will have their electric usage costs reduced to the percentage

amounts listed below.

HEAT PORTION OF TOTAL ELECTRIC EHHC

nding. Annually,

this calculation determines the percentage of the estimated home heating costs (EHHC) of the applicant

household to be adjusted.

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43

Step C. Adjustment for Electric Heat

Households using electric heat will have their electric usage costs reduced to the percentage

amounts listed below.

HEAT PORTION OF TOTAL ELECTRIC EHHC

House/mobile home

62% for heat

Townhouse / duplex / triplex / fourplex

48% for heat

Apartment, condominium, hotel, Cabin, Tiny Home

43% for heat

RV, 5th wheel, camper

50% for heat

Step D. Adjustment Household Income Contribution

The state department shall reduce the amount the of estimated home heating costs (EHHC) based on the

chart below to determine the household income contribution:

LEVEL OF FEDERAL POVERTY LEVEL

EHHC ADJUSTMENT

0 – 75% FPL

0%

75.01 – 125% FPL

10%

125.01– 175% FPL

20%

175.01+% +

30%

Step E. Adjustment for Shared Living Arrangements

The estimated home heating costs shall be adjusted if the household shares living arrangements

with other households but is determined to be a separate household as defined in the

“Definitions” section of these rules. If the household shares living arrangements with other

households, the estimated home heating cost shall be divided by the number of separate

households sharing the living arrangements, whether or not all households sharing the living

arrangements are eligible for the Heating Fuel Assistance Program.

Step F. Adjustment for Subsidized Housing Home Heating Allowance

The State Department shall adjust the amount of estimated home heating cost remaining after

Step B if the household resides in subsidized housing (as defined in the “Definitions” section of

these rules). A flat rate rental cost allowance for heating ($30 per month or $180 per heating

season) shall be deducted from the remaining amount of estimated home heating

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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