99-346 C.M.R. ch. 25, § 1 - Definitions
As used in this rule, the following terms shall have the identified meaning, unless the context otherwise requires:
A. "Administration" means the management and
planning activities respecting WAP that are reimbursable under Section
2 of this Rule;
B. "Act" means the Maine Housing Authorities
Act,
30-A M.R.S.A. §4701
et seq., as it may be amended from time to time;
C. "APA" means the Maine Administrative
Procedures Act, Title 5, chapter 375 of the Maine Revised Statutes;
D. "Appellant" means an individual or entity
requesting a Fair Hearing under this Rule;
E. "Catchment Area" means the geographic area
within which the Subgrantee administers and operates WAP;
F. "CHIP" means the Central Heating
Improvement Program component of HEAP;
G. "Completion Date" means the day that the
Subgrantee allocates a source of WAP funds to pay for Weatherization Materials
and services respecting a Dwelling Unit and deems the unit complete for billing
purposes;
H. "DOE" means the United
States Department of Energy;
I.
"Dwelling Unit" shall have the same meaning asset forth in
10
C.F.R. §
440.3, as may be amended from
time to time;
J. "ECIP" means the
Energy Crisis Intervention Program component of HEAP;
K. "Elderly" shall have the same meaning
asset forth in
42 U.S.C. §
6962(3) and 10 C.F.R. §
440.3, both as may be amended from time to time;
L. "Eligible Household" means a house hold
which qualifies for services pursuant to this rule;
M. "Emergency" means an unexpected
circumstance which poses an immediate threat to the health or safety of one or
more members of an Eligible Household;
N. "Extenuating Circumstances" means
substantial hardship respecting the Subgrantee's compliance with this rule or
other significant program requirements;
O. "Fair Hearing" means a hearing and
opportunity to be heard called for by the Weatherization Act;
P. "Fair Hearing Officer" means a hearing
officer contracted for by Maine Housing to conduct Fair Hearings under this
Rule;
Q. "HEAP" means the Home
Energy Assistance Program as administered and operated by Maine
Housing;
R. "Household Income"
means gross income of a household earned and/or received before taxes during
applicable tax year(s) for purposes of determining whether the household is an
Eligible Household and includes the following:
1. Money, wages and salaries before any
deductions;
2. Net receipts from
non-farm or farm self-employment (receipts from a person's own business or from
an owned or rented farm after deductions for business or farm
expenses);
3. Regular payments from
social security, rail road retirement, unemployment compensation, strike
benefits from union funds, worker's compensation, veteran's payments, training
stipends, alimony, and military family allotments;
4. Private pensions, government employee
pensions (including military retirement pay), and regular insurance or annuity
payments;
5. Dividends and/or
interest;
6. Net rental income and
net royalties;
7. Periodic receipts
from estates or trusts; and
8. Net
gambling or lottery winnings.
Household Income does not include the following:
1. Capital gains;
2. Any assets drawn down as with drawals from
a bank;
3. Money received from the
sale of a property, house, or car;
4. One-time payments from a welfare agency to
a family or person who is intemporary financial difficulty;
5. Tax refunds;
6. Gifts, loans, or lump-sum in
heritances;
7. College
scholarships;
8. One-time insurance
payments, or compensation for injury;
9. Non-cash benefits, such as the
employer-paid or union-paid portion of health insurance;
10. Employee fringe benefits, food or housing
received in lieu of wages;
11. The
value of food and fuel produced and consumed on farms;
12. The imputed value of rent from
owner-occupied non-farm or farm housing;
13. Depreciation for farm or business
assets;
14. Federal non-cash
benefit programs such as Medicare, Medicaid, Food Stamps, school lunches, and
housing assistance;
15. Combat zone
pay to the military;
16. Child
support;
17. Reverse mortgages; and
18. Payments for care of foster
children;
S. "Incidental
Repairs" shall have the same meaning asset forth in
10
C.F.R. §
440.3, as may be amended from
time to time;
T. "Low-cost/no-cost
Weatherization Activities" mean those activities authorized pursuant to
10 C.F.R. §
440.20, as may be amended from time to
time;
U. "Rework" means additional
WAP activities necessary to correct significant deficiencies respecting the
installation or quality of Weatherization Materials as determined by Maine
Housing respecting a specific Dwelling Unit;
V. "Self-help Weatherization" means the
installation of a substantial amount of Weatherization Materials by a member of
the Eligible Household, by volunteer labor designated by the Eligible
Household, by local community groups, or by any other non-Weatherization funded
labor procured by the Eligible Household;
W. "State Plan" means that document complying
with the requirements of
10
C.F.R. §
440.14, as may be amended from
time to time, and Section
9 of this rule;
X. "Subgrantee" shall have the same meaning
asset forth in
10
C.F.R. §
440.3, as may be amended from
time to time;
Y. "Weatherization
Act" means the federal law and regulations that govern WAP including with out
limitation,
42 U.S.C. §
6861
et seq.,
10 C.F.R. §
440.1
et seq., 2 C.F.R. Part
200, and formal guidance from DOE, all as may be amended from time to
time;
Z. "Weatherization Materials"
shall have the same meaning asset forth in
10
C.F.R. §
440.3 as may be amended from
time to time.
Notes
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