9 CCR 2503-7-3.751 - GENERAL PROVISIONS
"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.
"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:
"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.
"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. Referenced in 3.758.47 Step D 1.
"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.
"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 prior to date of application) when used to verify income except for 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.
"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.
"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:
"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.
"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.
A married couple is considered to be permanently separated when:
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.
Non-discrimination policies as outlined in this rule manual shall apply to all households applying for the Heating Fuel Assistance Program.
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.
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.
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.
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.
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.
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.
An applicant or recipient may request a state level fair hearing for:
An applicant or recipient who requests a state hearing has the right to:
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.
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.
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.
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. 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.
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:
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.
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.
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.
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. 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.
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. 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.
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.
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.
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.
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.
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. 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.
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. 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.
A motion for reconsideration of a final agency decision may be granted by the office of appeals for the following reasons:
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.
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.
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.
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:
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:
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:
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.
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 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.
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:
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. 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. 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.
An explanation shall be provided regarding the process of utilizing the Electronic Benefit Transfer (EBT) card. This explanation shall include:
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:
County departments/Contractor must institute recoveries to ensure that Heating Fuel Assistance Program benefits do not exceed the maximum amounts described in these rules.
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.
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.
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.
In any case where there has been an overpayment, there shall be no recovery from any recipient:
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:
"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.
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.
If any deduction is being made from the recipient's assistance payment it must be consistent with any court order resulting from a prosecution by the district attorney. If the individual being prosecuted is not a leap recipient, another method of recovery shall be used to collect amounts due to the department.
Interest shall be charged from the month in which the overpayment was received until the date the overpayment is recovered. Interest shall be calculated at the legal rate.
If the district attorney declines to prosecute, the amount of overpayment due, as established by the department, will continue to be recovered by deduction from subsequent assistance payments or other method of recovery if the individual is not a recipient of leap benefits.
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.
All recoveries shall be reported to the State Department at the conclusion of the program year.
County departments/Contractor shall provide the State Department with reports and fiscal information as deemed necessary by the State Department.
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.
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:
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.
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).
Notes
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