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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 200

LOW-INCOME HOME ENERGYASSISTANCE PROGRAM (LIEAP)

813-200-0001

Purpose and Objectives

OAR 813, division 200, is promulgated to accomplish the general purpose of ORS 458.505 to 458.545, specifically 458.505 to 458.515, which designates the Housing and Community Services Department as the state agency responsible for administering state and federal antipoverty programs in Oregon. The Department has been designated as the state agency responsible for implementing the Low Income Home Energy Assistance Act in Oregon. OAR 813, division 200, described the Low-Income Energy Assistance Program (LIEAP), which operates through a network of service agencies at the local level. The objective of the Program is to assist low-income persons with their energy needs through a variety of means, including assistance payments, client education and weatherization activities.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 5-2003, f. & cert. ef. 5-15-03; OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-200-0005

Definitions

All terms used in OAR 813, division 200, are defined in the Act, in 813-005-0005 and below. As used in OAR 813, division 200, unless otherwise indicated by the context:

(1) “Crisis Assistance” means the assistance provided to help Low-Income Households to meet crisis situations such as supply shortages, loss of Household heat, minor fuel source repairs, furnace repairs and other situations approved by the Department as described in the state plan.

(2) “Eligible Services” means the services described in OAR 813-200-0040.

(3) “Energy Assistance Payment” means a payment made under this Program to or on behalf of an eligible Household.

(4) “Funding Application” means a Subgrantee Agency’s application to the Department for Program funds.

5) “Home Energy” means the type of energy or fuel, including but not limited to fuel oil, natural gas, electricity, wood or propane, supplying the major portion of the Household’s heat.

(6) “Home Energy Supplier” means a supplier who either delivers Home Energy in bulk to Households, or provides Home Energy continuously via wire or pipe.

(7) “Household” means any individual residing alone or groups of individuals who are living together as one economic unit and purchase residential energy in common.

(8) “Household Income” means the total Household receipts before taxes from all sources. Income may be reduced by deductions allowed by the Department. Income does not include assets or funds over which the members of the Household have no control.

(9) “Incidental Fees” means charges imposed by the Home Energy Suppliers other than the actual cost of energy or fuel and includes reconnection charges and deposits.

(10) “Indirect Heaters” means renters whose heating costs are included as an undifferentiated part of their rent payments.

(11) “Poverty Line” means the official standard as established by the U.S. Department of Health and Human Services.

(12) “LIEAP” or the “Program” means the Low-Income Energy Assistance Program.

(13) “Low-Income Household” means a Household whose gross annual income is at or less than 60% of statewide median income as defined by Health and Human Services for the State of Oregon.

(14) “Service Area” means the specific geographic area or region within which a Subgrantee Agency provides Program services directly or by contract.

(15) “Subgrantee Agency” means a private, nonprofit corporation organized under ORS Chapter 65, a housing authority established under 456.055 to 456.235, or a local government as defined in 197.015 with whom the Department has contracted to administer Program activities and services at the local level.

(16) “Work Plan” or “Plan” means the Subgrantee Agency’s plan for the use of Program funds which is part of its Funding Application and which has been approved by the Department and included in its contract with the Department.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: HR 1-1982, f. & ef. 1-11-82; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-050-0000; HSG 2-1993, f. & cert. ef. 4-2-93; Renumbered from 813-200-0000; OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 5-2003, f. & cert. ef. 5-15-03; OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-200-0010

Administration

(1) The Department may contract with a Subgrantee Agency to provide Program services and activities at the local level.

(a) In order to be eligible to administer the Program at the local level, a Subgrantee Agency shall submit, on a biennial basis, a Funding Application (including a Work Plan) which the Department must approve. The Work Plan shall outline how the Subgrantee Agency determines its needs, including what forum the Subgrantee Agency uses to solicit input and who participates; summarizes the needs of the Service Area and the goals and outcome-based objectives of the Program administered by the Subgrantee Agency; and requires quarterly reporting. The approved Funding Application shall be on file with the Department.

(b) A Subgrantee Agency may subcontract with another organization to provide a Program service or activity in its Service Area. The Department may conduct a periodic evaluation of a Subgrantee Agency’s Program performance. Factors that the Department may consider in this evaluation include, but are not limited to, the level of Eligible Service provided by the Subgrantee Agency, ease of access to Eligible Services for eligible Households, error rate, and compatibility with other community service programs.

(3) If the Department deems the performance of a Subgrantee Agency to be deficient and the Subgrantee Agency does not give the Department adequate assurance of satisfactory future performance, the Department may terminate its contract with the non-performing Subgrantee Agency and contract with another Subgrantee Agency to provide the Program’s Eligible Services going forward.

(4) A Subgrantee Agency shall take applications, verify Household eligibility and contract with and monitor local Home Energy Suppliers to determine that the clients are receiving proper benefits and services.

(5) A Subgrantee Agency shall follow the procedures outlined in the LIEAP Operations Manual. These procedures govern accurate completion of intake documentation and entry of the resultant data into a Department-approved system, authorizing payments, writing checks to Home Energy Suppliers and clients, and requirements for reports of request draws and end-of-year Program reports to the Department.

(6) A Subgrantee Agency shall make good faith attempts to recover any overpayment made to an applicant or Home Energy Supplier. When recovery from an applicant is not commercially reasonable, the Subgrantee Agency shall promptly give the name and social security number of the applicant to the Department for submission to the Department of Revenue and recovery through the Department of Revenue’s S.O.I.L. Program.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: HR 1-1982, f. & ef. 1-11-82; HR 4-1983, f. & ef. 11-25-83; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-050-0005; HSG 2-1993, f. & cert. ef. 4-2-93; OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 5-2003, f. & cert. ef. 5-15-03; OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-200-0020

Eligibility

To be eligible to receive Eligible Services under the Program, a Household shall meet the requirements outlined in the LIEAP Operations Manual.

(1) These requirements include, but are not limited to:

(a) Meeting income guidelines for the Program; and

(b) A demonstrated utility cost.

(2) The period for determining a Household’s eligibility shall be no more than the past 12 months or less than the 30 days immediately preceding the date of application unless the Department gives prior approval.

(3) A client of the Oregon Department of Human Services may use an income verification notification sent by that agency as verification of the applicant’s Household Income for the Program.

(4) An eligible Households may apply for assistance with the Subgrantee Agency in the Service Area in which the Household resides.

(5) Households in similar circumstances shall receive similar benefits.

(a) Both renters and homeowners may be eligible under the Program.

(b) An applicant living in an institution is not eligible for assistance under the Program. Institutions include hospitals, licensed domiciliary care facilities, intermediate care facilities, skilled nursing facilities or homes, alcohol and drug rehabilitation centers or treatment programs, dormitories, fraternities, sororities, and temporary protective facilities such as domestic violence shelters and homeless shelters.

(c) Residents of governmental subsidized housing may be eligible for up to 50 percent of a regular Energy Assistance Payment depending on Household size and Household Income and be eligible for a crisis payment under Crisis Assistance guidelines in the LIEAP State Plan or the LIEAP Operations Manual.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: HR 1-1982, f. & ef. 1-11-82; HR 4-1983, f. & ef. 11-25-83; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-050-0010; HSG 2-1993, f. & cert. ef. 4-2-93; OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 5-2003, f. & cert. ef. 5-15-03; OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-200-0030

Eligible Services

One or more of the following services may be provided to an Eligible Household. A Subgrantee Agency shall help an applicant determine which service(s) is most beneficial to the Household:

(1) Heating assistance, including:

(a) Payments to Home Energy Suppliers for Household’s Home Energy Costs and for services which relate to the heating of the Household’s dwelling units. Payments to Home Energy Suppliers may include payments for Incidental Fees and for pre-enrollment or post-enrollment charges. Pre-enrollment charges are incurred by a Household for Eligible Services delivered before the Household is determined to be eligible for LIEAP benefits. Post-enrollment charges are those charges incurred by a Household for Eligible Services after the Household is determined to be eligible for LIEAP benefits; and

(b) The following direct payments to an Eligible Household:

(A) Payments to an Indirect Heater equal to Energy Assistance Payments made to or on behalf of homeowners in similar circumstances;

(B) Payments to a Household if the Household’s Home Energy Supplier has not signed a contract with the Subgrantee Agency in the Service Area; and

(C) Reimbursement of prepayment for Home Energy Costs as in the case of bulk oil or wood deliveries, up to the amount for which the Household is eligible. A Household must provide applicable receipts prior to reimbursement.

(2) Weatherization assistance, including, but not limited to, insulation, water pipe wrap, air sealing and storm windows.

(3) Crisis Assistance. In order to quality for Crisis assistance under the Program, a Household shall:

(a) Have been evaluated for, and received, an Energy Assistance Payment (regular or subsidized in the same program year) other than for Crisis Assistance; and

(b) Meet the guidelines for Crisis Assistance outlined in the LIEAP Operations Manual. The following are examples of Households that are eligible for Crisis Assistance; a Household whose annual heating cost exceeds 20 percent of Annual Household Income; a Household needs energy-related repairs; and a Household (including a resident of government subsidized housing that suffers a serious, unexpected hardship.

(4) Client Education. All eligible Households shall be offered information designed to help them make appropriate decisions and life-style choices that will effectively reduce energy consumption.

(5) Leveraging Incentive Fund assistance. Leveraging Incentive Fund assistance is subject to the Department receiving funds under the LIEAP Leveraging Incentive Program and obtaining Legislative approval to accept and spend such funds.

(a) Leveraging Incentive Funds may be used to increase or maintain heating, crisis and/or weatherization assistance benefits in conjunction with the LIEAP or to provide a benefit after LIEAP funds have been depleted.

(b) Leveraging Inactive Funds provided by the Department under the Program to a Subgrantee Agency shall be subject to the rules, regulations or procedures prescribed by the source of such funds.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: HR 1-1982, f. & ef. 1-11-82; HR 4-1983, f. & ef. 11-25-83; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-050-0015; HSG 2-1993, f. & cert. ef. 4-2-93; OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 5-2003, f. & cert. ef. 5-15-03; OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-200-0040

Assistance Levels

Energy Assistance Payments made under this Program shall not exceed the amount of funds made available to the Department under the Omnibus Reconciliation Act of 1981, Public Law 97-35, Sections 2601-11, as amended.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: HR 1-1982, f. & ef. 1-11-82; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-050-0020; HSG 2-1993, f. & cert. ef. 4-2-93; OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 5-2003, f. & cert. ef. 5-15-03; OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-200-0050

Coordination with Home Energy Suppliers

(1) In order to be eligible to receive Energy Assistance Payments, a Home Energy Supplier must execute a contract with a Subgrantee Agency.

(2) This contract shall provide, among other things, that the Home Energy Supplier agrees that:

(a) It shall not discriminate against an eligible Household;

(b) It shall not treat a Household receiving LIEAP benefits any differently than any other similiarly situated Household;

(c) It shall not charge a Household receiving LIEAP benefits the difference between the actual cost of the Home Energy and the amount of the LIEAP payment for such Home Energy;

(d) It shall not make payment arrangements for any balances owing after LIEAP payments are applied to past due bills; and

(e) It shall refund to the Subgrantee Agency any Energy Assistance Payments for services that cannot be delivered because of a death or because Home Energy services are discontinued and the client cannot be located. The refund is the property of the client first.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: HR 1-1982, f. & ef. 1-11-82; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-050-0025; HSG 2-1993, f. & cert. ef. 4-2-93; OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 5-2003, f. & cert. ef. 5-15-03; OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-200-0060

Administrative Review

A Subgrantee Agency shall provide an administrative review process, which shall include an administrative hearing, to individuals whose claims for assistance under the Program are denied or deemed denied because of the failure of the Subgrantee Agency to process a request for assistance.

Stat. Auth.: ORS 458.505 - 458.545
Stats. Implemented: ORS 458.505 - 458.545
Hist.: HR 1-1982, f. & ef. 1-11-82; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-050-0030; HSG 2-1993, f. & cert. ef. 4-2-93; OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03; OHCS 5-2003, f. & cert. ef. 5-15-03; [Suspended by OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14]

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