SECTION 340:20-1-15. Weatherization assistance and other procedures

(a)   Referral for low income weatherization assistance. Homeowner households who are eligible for Low Income Home Energy Assistance Program (LIHEAP) may be eligible for low income weatherization assistance through funds the Oklahoma Department of Human Services (DHS) allocates to the Oklahoma Department of Commerce (ODOC) for the weatherization assistance program per Section 8623 of Title 42 of the United States Code. Weatherization services are provided locally through Community Action Agencies per ODOC approval. Renters are not eligible for LIHEAP weatherization services.

(1)   DHS Adult and Family Services LIHEAP program field representative staff provides ODOC with a list of clients approved for LIHEAP. ODOC staff transmit the list to local Community Action Agencies for use in identifying homeowner households eligible for LIHEAP weatherization assistance.

(2)   Local AFS county office staff responds to direct inquiries from the local Community Action Agency or local weatherization contractor concerning the LIHEAP eligibility of households not appearing on the list.

(b)   Fair hearing. Fair hearing rules per Oklahoma Administrative Code (OAC) 340:2-5 that apply to the Temporary Assistance for Needy Families (TANF) Program also apply to LIHEAP, except that immediate adverse action may be taken on open LIHEAP benefits without an advance notice. Because of the emergency situation that may exist, a LIHEAP fair hearing request is expedited.

(c)   Overpayments. When an overpayment occurs, centralized AFS LIHEAP staff submits a memo to AFS LIHEAP program field representative staff explaining the overpayment circumstances, including the date, amount, and reason the overpayment occurred.

(d)   Referral for vendor fraud. When centralized AFS LIHEAP or county staff becomes aware that a vendor accepted DHS payment on behalf of a household, but failed to provide service, either wholly or in part, as legally required, staff informs AFS LIHEAP program field representative staff. AFS LIHEAP program field representative staff determines whether to make a referral to the DHS Office of Inspector General for investigation.

(e)   Transfers. Transferred cases do not normally need to be closed.

[Source: Amended at 9 Ok Reg 191, eff 10-17-91 (emergency); Amended at 9 Ok Reg 2455, eff 6-25-92; Amended at 10 Ok Reg 637, eff 12-14-92 (emergency); Amended at 10 Ok Reg 2259, eff 6-11-93; Amended at 11 Ok Reg 483, eff 11-15-93 (emergency); Amended at 11 Ok Reg 1671, eff 5-12-94; Amended at 12 Ok Reg 377, eff 11-17-94 (emergency); Amended at 12 Ok Reg 1713, eff 6-12-95; Amended at 14 Ok Reg 577, eff 12-12-96 (emergency); Amended at 14 Ok Reg 1336, eff 5-12-97; Amended at 15 Ok Reg 152, eff 12-1-97 (emergency); Amended at 15 Ok Reg 1604, eff 5-11-98; Amended at 25 Ok Reg 1301, eff 6-1-08; Amended at 35 Ok Reg 1620, eff 9-17-18]