reglab/statecodes huggingface dataset:
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 19 - HOMELESS SOLUTIONS RULE › Section 346-19-4 - Funding Formula Allocation

Current through 2024-29, July 17, 2024
From time to time MaineHousing will allocate a certain amount
				  of funds to be distributed, subject to availability, pursuant to the following
				  funding methodology:
A.
Shelter
				Operations
. An amount equal to 45% of the Funding Formula Allocation
				will be disbursed among Emergency Shelters, such that each Emergency Shelter
				will receive a percentage equal to its Bed Capacity divided by a number equal
				to the total Bed Capacity available statewide for the calendar year.
				MaineHousing will review the number of beds reported, along with occupancy data
				to ensure that bed utilization is commensurate with community need. If a
				persistent discrepancy is observed, MaineHousing, at its sole discretion,
				reserves the right to reduce the number of funded beds. Agencies will receive
				scheduled payments on a quarterly basis.
B.
Housing Stabilization Share
.
				An amount equal to 45% of the Funding Formula Allocation will be disbursed
				among eligible agencies, such that each agency providing staffing for Rapid
				Re-housing, Housing First and Housing Stabilization services operated by the
				agency will be eligible to receive a percentage equal to the agency's total
				number of Clients Assessed and Stabilized, divided by the total number of
				Clients Assessed and Stabilized statewide. The number of Clients Assessed and
				Stabilized will be based upon the most recent four quarters of data available
				to MaineHousing at the start of the grant year. Agencies are reimbursed for
				costs on a quarterly basis.
C.
Performance Share
. An amount equal to 10% of the Funding Formula
				Allocation will be allocated among eligible applicants that in the previous 6
				months maintained or increased their data quality for the following data
				points: Date of Birth, Race, Veteran Status, Destination, Relationship to Head
				of Household, and Client Location. In January and July of each year, Maine HMIS
				will report to each eligible applicant their error rate for each of those data
				points. Victim Service Providers will report from their comparable database. At
				the conclusion of the six month period, any eligible applicant whose data error
				rate is equal to or less than it was at the beginning of the period, will be
				eligible for a portion of Performance Share funds equal to the percentage of
				the number of Clients Assessed and Stabilized by the eligible applicant,
				divided by the number of Clients Assessed and Stabilized by all eligible
				applicants. The performance share for the first half of the calendar year will
				be calculated in July and the performance share for the second half of the
				calendar year will be calculated in the following January.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 19 - HOMELESS SOLUTIONS RULE › Section 346-19-5 - Program Design

Current through 2024-29, July 17, 2024
A.
Allocation
. In addition to the Funding Formula Allocation,
				MaineHousing may allocate other funds for Programs to assist Persons
				Experiencing Homelessness in accordance with applicable federal and state
				laws.
B.
Programs
.
				MaineHousing shall design and offer Programs based upon available funds,
				restrictions attached to such funds, best practices, and needs. The funds may
				be used for shelter services and outreach activities; for Homeless Prevention
				and Rapid Re-housing activities such as rental assistance, housing search,
				mediation, outreach to property owners, legal services, security on utility
				deposits, and moving costs; and to support entities that offer an integrated
				array of services to meet the health, housing, employment, and other basic
				needs of Persons Experiencing Homelessness.
C.
Program Guides
. MaineHousing
				shall publish on MaineHousing's website a Program Guide with respect to each
				Program and shall distribute the Program Guide to parties who may be eligible
				for the Program and who have expressed an interest to MaineHousing in
				connection with the type of activities eligible under the Program, to parties
				MaineHousing selects for marketing the particular Program, and upon
				request.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 19 - HOMELESS SOLUTIONS RULE › Section 346-19-6 - Funding

Current through 2024-29, July 17, 2024
A.
Processing of Applications
.
				MaineHousing may process applications on a first come first served basis or may
				set an application due date described in the Program Guide for submission for
				review by a scoring committee. The selection process will be outlined in the
				Program Guide.
B.
Selection
				for Funding
. MaineHousing shall retain final discretion as to whether or
				not to offer funds to a particular Applicant for a particular
				purpose.
C.
Availability of
				Funds
. Grants are always subject to the availability of funds.
D.
Selection Criteria.
MaineHousing will set forth requirements and selection and approval criteria
				germane to a particular Program in the applicable Program Guide. Selection
				criteria may include but are not limited to the following:
i.
Mainstream Resources
1. how well the Applicant assists clients in
				the completion and submission of applications for Mainstream Resources;
				and
2. how well the Applicant
				captures the results of the actual benefits received.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 19 - HOMELESS SOLUTIONS RULE › Section 346-19-7 - Data Collection Requirements

Current through 2024-29, July 17, 2024
In order to receive funding, eligible Applicants must do the
				  following, unless prohibited by VAWA:
A. Enter into an Agency Participation
				Agreement to share certain Homeless Management Information System (HMIS) data
				with other Emergency Shelters and other providers of services for Persons
				Experiencing Homelessness;
B. Enter
				client data as prescribed by MaineHousing and HUD in accordance with
				requirements set forth in the HMIS Data Standards as revised, and the HEARTH
				Act, and ensure data completeness and quality in regard to program performance
				measures on a monthly basis and submit reports as prescribed by MaineHousing or
				HUD;
C. Enter client data on
				outcomes and housing stability as prescribed by MaineHousing or HUD, which will
				be used for performance measurement, research, or evaluation;
D. Have the capacity to enter client level
				data into the system of the CoC designated vendor for HMIS data entry;
				and
E. Submit de-duplicated
				aggregate reports as required by MaineHousing.
Providers of shelter to victims of domestic violence are
				  required to have the capacity of a comparable database that collects client
				  level data and provides aggregate, de-duplicated data to MaineHousing in
				  electronic form.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 19 - HOMELESS SOLUTIONS RULE › Section 346-19-8 - Reporting Requirements

Current through 2024-29, July 17, 2024
A.
General
				Reporting Requirements.
An Applicant who receives a grant ("Grantee")
				must provide client data prescribed by MaineHousing in a form or forms
				prescribed by MaineHousing to centralized data collection systems prescribed by
				MaineHousing as often as required by MaineHousing.
B.
Missing Reports or Data.
A
				Grantee must provide all reports and all required client data in accordance
				with the reporting requirements at the time of funds disbursement in order to
				receive funding.
C.
Complete
				Report.
A report will not be considered submitted unless MaineHousing
				determines that the report is sufficiently complete and all client data is
				valid.
D.
Final
				Reports.
A Grantee must submit a final report showing its use of a grant
				within 30 days of the end of the term of the grant.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 19 - HOMELESS SOLUTIONS RULE › Section 346-19-9 - Monitoring and Assessment

Current through 2024-29, July 17, 2024
A. MaineHousing
				will review for program compliance at least every two years at reasonable
				times.
B. MaineHousing may copy and
				examine all of a Grantee's records other than medical or other confidential
				client information protected by privacy laws.
C. Grantees will maintain records sufficient
				to meet monitoring and auditing requirements of MaineHousing and HUD including
				without limitation daily rosters and client files.
In the case of a physical shelter program facility,
				  MaineHousing will inspect to a minimum for compliance with HUD's minimum
				  emergency shelter standards pursuant to
				  24 CFR §
											576.403(b).
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 19 - HOMELESS SOLUTIONS RULE › Section 346-19-10 - Rule Limitations

Current through 2024-29, July 17, 2024
A.
Other
				Laws.
If this Rule conflicts with any provision of federal or state law,
				the federal or state law shall control.
B.
Waivers.
Upon determination
				of good cause, the Director of MaineHousing or the Director's designee may,
				subject to statutory limitations, waive any provision of this Rule. Each waiver
				shall be in writing and shall be supported by documentation of the pertinent
				facts and grounds.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-4 - Benefit Determination

Current through 2024-29, July 17, 2024
Benefits are determined to ensure that the highest level of
				  assistance will be furnished to Eligible Households which have the lowest
				  incomes and the highest Energy Costs or needs. Benefit availability is based on
				  HEAP funding availability.
A.
				MaineHousing, or the Subgrantee as allowed by MaineHousing, will assign a
				number of points to an Eligible Household that correlates to their Energy
				Costs. The number of points will be adjusted by an assigned percentage that
				correlates to the Eligible Household's poverty level and prorated based on any
				ineligible Household Members. The adjusted number of points will then be
				multiplied by a dollar value.
MaineHousing will announce the actual dollar value of points
				  no later than the fifteen (15) calendar days following receipt of the federal
				  HEAP grant award.
The number of points assigned to an Eligible Household will
				  be determined pursuant to the following:
Dwelling Type
Points
Stick-built/Modular
9
Mobile/Manufactured
8
Condo/Duplex
6
Apartment
6
Residing County
Points
Aroostook
7
Somerset
6
Franklin
6
Piscataquis
6
Oxford
5
Penobscot
5
Androscoggin
4
Hancock
4
Waldo
3
Cumberland
3
Lincoln
3
Knox
3
York
3
Washington
2
Kennebec
2
Sagadahoc
2
Fuel Type
Points
Electricity
14
LP Gas
10
Kerosene
8
Oil
7
Bio-Fuel
6
Coal
5
Wood Pellets
5
Corn
5
Natural Gas
5
Wood
4
Heating Subsidized
-9
Priority Determination
Points
60+, Disabled or child 6 and under
5
or
Child 7-17
3
Poverty Level as Calculated under the Federal
								Poverty Income Guidelines (FPIG)
Percentage of Points
0%-25%
130%
26%-50%
120%
51%-75%
110%
76%-100%
100%
101%-125%
90%
126%-150%
80%
>than 150% FPIG but not exceeding the maximum of
								the greater of 150% FPIG or 60% state median income
70%
Calculated poverty level amounts falling between
								brackets will be rounded to the next higher or lower amount. For example:
								income at 75.1% will be rounded to 75%; income at 100.6% will be rounded to
								101%.
All final point results that are fractional will be rounded
				  up to the nearest whole number.
B. TANF Fuel Supplemental Benefits are
				determined each Program Year by MaineHousing based on the projected number of
				Households eligible for TANF Fuel Supplemental Benefits and available
				funding.
C. Tenants residing in
				Subsidized Housing with heat included in their rent, who pay a portion of their
				rent or utility costs, are only eligible to receive a Benefit in an amount to
				maximize benefits under SNAP.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-5 - Payment of Benefits

Current through 2024-29, July 17, 2024
A. An Applicant
				shall select a Vendor that will deliver Home Energy to the Eligible Household.
				Payment of Benefits and TANF Fuel Supplemental Benefits will be made directly
				to the Vendor, unless otherwise specified, by the methods prescribed below:
1. For payment prior to delivery,
				MaineHousing, or a Subgrantee as allowed by MaineHousing, will pay a Benefit to
				the Vendor within ten (10) business days of the date the Application is
				certified eligible or when HEAP grant funds are available, whichever is
				later.
2. For payment
				post-delivery, MaineHousing, or a Subgrantee as allowed by MaineHousing, will
				provide a Credit Notification Report within ten (10) business days of the date
				the Application is certified eligible or when HEAP grant funds are available,
				whichever is later. The Credit Notification Report will list the Applicant's
				name, address, Home Energy type, account information and, as applicable,
				Benefit or TANF Fuel Supplemental Benefit. MaineHousing will make payment for
				Benefits after the Vendor makes delivery as authorized by
				MaineHousing.
3. For payment to
				wood vendors, MaineHousing, or a Subgrantee as allowed by MaineHousing, will
				make payment for a Benefit by direct check to the Applicant upon receipt of a
				signed Attestation from the Applicant attesting the Benefit received will be
				used for its intended purpose.
For Applicants with no available Vendors serving the area
				  where the Household resides, MaineHousing, or the Subgrantee as allowed by
				  MaineHousing, may pay Benefits directly to the Applicant upon receipt of a
				  signed Attestation from the Applicant attesting the Benefit received will be
				  used for its intended purpose
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-6 - Benefit Returns and Transfer

Current through 2024-29, July 17, 2024
A. Program benefits
				may not be sold, transferred, released or otherwise conveyed by the Eligible
				Household or the Vendor without written authorization from MaineHousing.
				MaineHousing will only authorize such conveyances when it is in the best
				interest of the Eligible Household and is consistent with the intent of the
				HEAP Act. Examples of situations where MaineHousing may authorize such
				conveyances include, but are not limited to:
1. Relocation of all Household Members within
				the State;
2. Change in Vendor by
				Household;
3. Change in Home Energy
				vendors available to Household;
4.
				Relocation from a Dwelling Unit with a Direct Energy Cost to a Dwelling Unit
				with Indirect Determinable Energy Cost (not including Subsidized
				Housing);
5. Relocation to
				Subsidized Housing with Direct Energy Cost;
6. Change in Home Energy type; and
7. Applicant passes away and surviving
				Household Members remain in the Household.
Program benefits will only be available for reissue or
				  transfer during the Program Year of issue up until March
				  31st of the Program Year immediately
				  following.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-7 - Energy Crisis Intervention Program (ECIP)

Current through 2024-29, July 17, 2024
All ECIP services will be conducted by Subgrantees within
				  their Service Area, unless otherwise authorized by MaineHousing, and will be
				  subject to the availability of ECIP funds
A. A Household may be eligible for ECIP if a
				Household Member's health and safety is threatened by an Energy Crisis
				situation on the Date of Application and the Household does not have the
				financial means to avert the Energy Crisis. The Household will not be eligible
				if: they have any other Heating System that is safe and operable and has a
				supply of product; they reside in Subsidized Housing with heat included or a
				Rental Unit with heat included (with the exception that if the Household has a
				utility disconnection notice that relates to the operation of the Heating
				System, they may receive ECIP to restore the utility); or they have an
				Overpayment balance and have not entered into or complied with a repayment
				agreement. An Eligible Household under HEAP is income eligible for
				ECIP.
B. An Energy Crisis includes:
1. Reading of 1/4 tank or less on a standard
				275 gallon heating oil tank;
2.
				Reading of 25% or less on a propane tank;
3. 7-day or less supply for other delivered
				Home Energy types; and
4. A utility
				disconnection notice that relates to the operation of the Heating
				System,
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-8 - Central Heating Improvement Program (CHIP)

Current through 2024-29, July 17, 2024
All CHIP services will be conducted by Subgrantees within
				  their Service Area, unless otherwise authorized by MaineHousing, and will be
				  subject to the availability of HEAP funds.
A. Eligibility.
1. Household Eligibility.
a. A Household may be eligible for CHIP if
				the Household is eligible for HEAP, has an eligible Application that was
				certified within the preceding twelve (12) months, and does not have a more
				recent Application that has been certified- denied.
b. Eligible Households shall be served on a
				first-come, first-served basis with respect to each level of priority listed
				below, except when the Subgrantee is providing weatherization services to a
				Dwelling Unit in which case the Subgrantee can serve Eligible Households that
				allow the Subgrantee to leverage CHIP funds first. Subgrantees may prioritize
				within the priority levels listed below by Households that have a Household
				Member that (i) is 60 years of age or older, (ii) has a disability, or (ii) is
				6 years or younger.
i. Eligible Households
				experiencing an Energy Crisis caused by Heating System malfunction or
				failure.
ii. Non-wood Heating
				Systems that cannot achieve a minimum steady state efficiency of 70% (as
				determined by an evaluation of a Heating System).
iii. Preventative cleaning, tuning,
				evaluation and minor repairs on a non- emergency basis (owner-occupied dwelling
				units only). Date of the last cleaning, tuning and evaluation by a licensed
				technician must be more than twelve (12) months prior to the initiation of
				services date.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-9 - HEAP Weatherization

Current through 2024-29, July 17, 2024
Weatherization measures must be installed in accordance with
				  the Maine Weatherization Standards. When HEAP Weatherization is used in
				  conjunction with U.S. Department of Energy (DOE) funds, 10 C.F.R. Part 440,
				  will govern with the exception to variations listed and approved in the LIHEAP
				  State Model Plan Weatherization Assistance Section.
All HEAP Weatherization services will be conducted by
				  Subgrantees within their Service Area, unless otherwise authorized by
				  MaineHousing, and will be subject to the availability of HEAP funds.
A. Eligibility.
1. Household Eligibility. A Household may be
				eligible for HEAP Weatherization if the Household is eligible for HEAP, has an
				eligible Application that was certified within the preceding twelve (12) month,
				and does not have a more recent Application that has been
				certified-denied.
2. Dwelling Unit
				Eligibility. Ownership will be verified for all Dwelling Units and Rental Units
				and additional documentation or written permission may be required for life
				estates and life leases or tenants.
a. A
				Dwelling Unit that has a life estate or life lease interest may be eligible if
				the document conferring the Applicant rights of the life estate or life lease
				is recorded in the appropriate registry of deeds and states that the Applicant
				is responsible for maintaining the Dwelling Unit or is silent as to who is
				responsible for maintenance.
b. A
				Dwelling Unit will not be eligible under HEAP Weatherization if the Dwelling
				Unit received weatherization services under HEAP Weatherization or another
				MaineHousing program within fifteen (15) years of the date of Application, it
				has been designated for acquisition or clearance by a federal state or local
				program or order, it is in foreclosure, for sale, vacant, uninhabitable, it is
				in poor structural condition making HEAP Weatherization services impractical,
				ineffective or impossible, it has been damaged by fire, flood or an act of God
				and insurance will cover the damage, or there are discrepancies on the
				Household's Application.
c. A
				Dwelling Unit that was previously weatherized may be reopened if the reopening
				occurs within six (6) months of completion of the original weatherization
				service and reopening is required because the previous services are the
				proximate cause of an immediate threat to the health and safety of the
				occupants or the quality of the weatherization material or installation is
				deficient as determined by MaineHousing.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-10 - Heat Pump Program

Current through 2024-29, July 17, 2024
All Heat Pump Program services will be conducted by
				  Subgrantees within their Service Area, unless otherwise authorized by
				  MaineHousing, and will be subject to the availability of HEAP funds.
A. Eligibility.
1. Household Eligibility. A Household may be
				eligible for the Heat Pump Program if the Household is eligible for HEAP, has
				an eligible Application that was certified within the preceding twelve (12)
				month, does not have a more recent Application that has been certified-denied
				and has a working primary Heating System.
2. Dwelling Unit Eligibility.
a. Ownership will be verified for all
				Dwelling Units and for Dwelling Units that have a life estate or life lease
				interest, the document conferring the Applicant rights of the life estate or
				life lease must be recorded in the appropriate registry of deeds and state that
				the Applicant is responsible for maintaining the Dwelling Unit or is silent as
				to who is responsible for maintenance.
b. A Dwelling Unit will not be eligible under
				the Heat Pump Program if the Dwelling Unit is already equipped with a heat
				pump, it has been designated for acquisition or clearance by a federal state or
				local program or order, it is in foreclosure, for sale, vacant, uninhabitable,
				it is in poor structural condition making the installation of a heat pump
				impractical or there are discrepancies on the Household's
				Application.
3. Heat
				Pump Program Uses
a. Heat Pump Program
				allowable uses include the installation of a heat pump and electric subpanel
				for the heat pump if needed.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-11 - Administration of the Program

Current through 2024-29, July 17, 2024
A. MaineHousing's
				Responsibilities.
1. MaineHousing will prepare
				and submit to the Secretary of the United States Department of Health and Human
				Services an annual State Plan for HEAP in conformity with the provisions of the
				HEAP Act after conducting a public hearing for the purpose of taking
				comments.
2. MaineHousing will
				maintain this Rule, the HEAP Handbook and any other guidance and documents that
				relate to the administration of the Programs.
3. MaineHousing will contract with
				Subgrantees and other entities to administer the Programs and may, at its
				discretion, make payments to Eligible Households or Vendors or provide
				Supplemental Benefits to the extent available. MaineHousing will assign at
				least one Subgrantee to each Service Area to administer the Programs and will
				select Subgrantees annually based on applications received by June
				1st outlining the Subgrantee's: experience in
				administering the Programs or similar programs; capacity; availability of other
				qualified entities within a Service Area; cost efficiency; ability to enhance
				accessibility to the Programs; schedule for taking Applications; and ability to
				perform outreach and serve homebound Applicants.
4. MaineHousing will determine the annual
				allocation of HEAP funds to each Subgrantee, not including any amount allocated
				to MaineHousing to pay Benefits.
5.
				MaineHousing will conduct program and fiscal monitoring of Subgrantees and
				Vendors to ensure compliance with all rules, regulations and laws applicable to
				this Rule.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-12 - Native American Tribal Organizations

Current through 2024-29, July 17, 2024
Native American Tribal Organizations means the Penobscot
				  Indian Nation, the Passamaquoddy Indian Tribe and the Houlton Band of Maliseet
				  Indians as defined in the Maine Indian Claims Settlement Act,
				  30 M.R.S.
				  §6201 et seq., and the Aroostook Band of
				  Micmacs as defined in the Micmac Settlement Act,
				  30 M.R.S.
				  §7201 et seq.
A. Direct Allocation to Native American
				Tribal Organizations. Native American Tribal Organizations may receive a direct
				allocation of HEAP funds from the Secretary of the United States Department of
				Health and Human Services pursuant to the HEAP Act. The amount of the direct
				allocation is determined by the percentage of Maine's total annual LIHEAP award
				that MaineHousing indicates will be awarded to Maine's Native American Tribal
				Organizations. In its determination MaineHousing will consider the number of
				Eligible Households during the previous Program Year that include Household
				Members who are members of the Native American Tribal Organization, when that
				information is available.
B.
				Agreements with Native American Tribal Organizations. When a Native American
				Tribal Organization receives a direct allocation of Fuel Assistance and ECIP,
				MaineHousing will enter into an agreement with the Native American Tribal
				Organization that, at a minimum, provides for the coordination of services and
				administration of the Fuel Assistance and ECIP by the Native American Tribal
				Organization and Subgrantees to prevent duplication of services.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-13 - Informal Review and Fair Hearing

Current through 2024-29, July 17, 2024
A. Informal Review.
				For any dispute other than a dispute regarding TANF Fuel Supplemental Benefits
				(which are not subject to Informal Review), the Applicant must submit a written
				request for an Informal Review no later than:
1. Thirty (30) calendar days from the
				postmarked date of the denial notification or the benefit
				notification;
2. Ninety (90)
				calendar days from the Date of Application, if the Application has not been
				approved or denied; or
3. Ninety
				(90) calendar days from the postmarked date of the request for refund of an
				Overpayment.
Written requests for Informal Review may be mailed to
				  MaineHousing, 26 Edison Drive, Augusta, Maine 04330; or emailed to
				  LIHEAPcompliance@mainehousing.org. The Informal Review will be conducted by a
				  person other than the one who made or approved the decision under review.
				  MaineHousing will review the file, conduct necessary research, and give the
				  Applicant an opportunity to present written or oral objections. In rendering a
				  decision MaineHousing will evaluate the accuracy of the calculations, the level
				  of documentation provided by the Applicant, and the accuracy of the decision.
				  MaineHousing will communicate the results of the research/review to the
				  Applicant. If the Applicant does not agree with the results of the Informal
				  Review the Applicant may submit a written request for a Fair Hearing, but only
				  in the following limited circumstances: the Applicant's claim for assistance
				  was denied or not acted upon with reasonable promptness (meaning it was not
				  certified or denied within the required time-frame outline in this Rule or as
				  approved by waiver); the Applicant disputes the criteria used to calculate the
				  amount of their Benefit; or the Applicant is required to refund an
				  Overpayment.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-14 - Errors and Program Abuse

Current through 2024-29, July 17, 2024
A. Reporting Errors
				and Program Abuse. Subgrantees are required to report any suspected or alleged
				Errors or Program Abuse. Any individual may also report suspected Errors or
				Program Abuse by telephone 1- 800-452-4668 or (207) 626-4600, in writing to
				MaineHousing, Attn: HEAP Errors and Program Abuse, 26 Edison Drive, Augusta, ME
				04330 or by email at LIHEAPcompliance@mainehousing.org. Any report should
				include at minimum, the name and address of the person being reported and any
				details of the suspected Errors and Program Abuse.
B. Investigation. MaineHousing will
				investigate all reported and alleged Errors and Program Abuse and may
				investigate the previous three (3) Program Years and may place Benefits on hold
				during the investigation. Applicants will be notified and given the opportunity
				to respond and provide additional documentation. MaineHousing will make a
				determination on the appropriate action, based on the response. If an Applicant
				fails to respond or fails to provide the documentation requested, the Applicant
				may be subject to denial, an Overpayment or other actions available under the
				law. If Errors and Program Abuse are confirmed or Applicant fails to respond,
				Applicant will receive a written notification outlining the facts of the
				decision, the reason for the decision, the Overpayment due (if applicable), and
				any avenue available to request an Informal Review or Fair Hearing. If
				MaineHousing determines the Errors were at no fault of the Applicant,
				MaineHousing will not require an Overpayment from the Applicant.
C. Overpayments. If an Applicant is required
				to pay an Overpayment (including any Overpayments due from the previous three
				(3) Program Years) the Applicant may pay the full amount of the Overpayment,
				enter into an agreeable payment arrangement and/or be subject to recoupment by
				MaineHousing. MaineHousing may exercise its right to recoup Overpayments by
				collecting up to 100% of a Household's current Program Year's Benefit and 50%
				of a Household's future Program Years' Benefits until the Overpayment has been
				paid in full.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 24 - HOME ENERGY ASSISTANCE PROGRAM RULE › Section 346-24-15 - Waivers of the Rule and HEAP Handbook

Current through 2024-29, July 17, 2024
MaineHousing will only grant waivers of the Rule and/or HEAP
				  Handbook in very limited circumstances. The below is a list of the only
				  provisions that will be considered for a waiver. Consideration does not mean
				  the waiver will be granted. Any grant of a waiver is at MaineHousing's
				  discretion.
A. Subgrantee must certify
				or deny an Application within thirty (30) business days from the Date of
				Application.
1.
MaineHousing will
				consider providing a waiver up to forty-five (45) business
				days.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 25 - WEATHERIZATION ASSISTANCE PROGRAM RULE › Section 346-25-2 - Administration

Current through 2024-29, July 17, 2024
A.
Administrative Costs
.
				Expenditures for Administration shall be governed by
				10 C.F.R. §
										440.18(e), as may be amended
				from time to time. Surplus administrative funds will be reprogrammed in to
				direct WAP services in the next fiscal year as allowed by DOE.
Allowable administrative costs are categorized in 2 C.F.R.
				  Part 200. Allowable costs include, without limitation:
1. All direct costs of Administration
				including but not limited to salaries, fringe benefits, travel and telephone
				costs, office equipment and supplies which are exclusively used in the
				Administration of WAP;
2. Any other
				direct administrative costs which have been allocated as WAP's share of total
				agency Administration under a current cost allocation plan; and
3. The share of subgrant funds authorized by
				Maine Housing which corresponds to the current indirect cost rate for
				apportioning indirect administrative costs out of the Subgrantee's cost pool.
In the case of Subgrantee cost allocation plans and indirect
				  cost rates, Maine Housing reserves the right to review pertinent documentation
				  for such plans or rates before authorizing the expenditure of subgrant funds on
				  this basis.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 25 - WEATHERIZATION ASSISTANCE PROGRAM RULE › Section 346-25-3 - Responsibilities of Subgrantees

Current through 2024-29, July 17, 2024
Subgrantees shall be responsible for the operational
				  management and provision of WAP services as provided for in this
				  section.
A. Income eligibility of all
				applications must be determined and certified by the Subgrantee HEAP office
				within 30 calendar days of the date of application. In the event an application
				is received by a Subgrantee for a household residing in a Catchment Area other
				than the Subgrantee's designated Catchment Area, the Subgrantee shall notify
				the applicant of the error and forward the application and supporting
				documentation to the applicable Subgrantee.
B. Subgrantees must recertify household
				eligibility in the case of any household whose initial application was
				completed and dated more than twelve months prior to the proposed WAP
				activity.
C. Subgrantees must
				provide allowable WAP services in accordance with this rule and the
				Weatherization Act. No Subgrantee employee, agent or contractor shall perform
				work, which under state law or local ordinances or codes, must be performed by
				a licensed or certified technician or repair person unless that person
				possesses such qualifications.
D.
				Subgrantees must procure Weatherization Materials, supplies, and services in
				accordance with the Weatherization Act.
E. Subgrantees must provide written
				notification to households denied WAP benefits of the grounds for denial and of
				the right to appeal a soutlined below.
1. Any
				application denial or Dwelling Unit failure to be approved for WAP services
				shall be subject to a Fair Hearing pursuant to Section
				11 below.
2. An application neither denied nor approved
				within a reasonable time is subject to an informal review unless the delay was
				caused by the household's lack of cooperation in providing necessary and
				reasonable evidence.
3. An informal
				review will be conducted by a person other than the one who made or approved
				the decision under review or a subordinate of this person. Maine Housing will
				review the file, conduct necessary research, and give the applicant an
				opportunity to present written or oral objections to the decision under review.
				Inrendering a decision Maine Housing will evaluate the accuracy of the
				calculations, the level of documentation provided by the applicant, and the
				reason for any delay. The agency conducting the informal review will
				communicate the results of the review to the applicant. This decision will
				represent final agency action in regards to that determination.
4. Subgrantees must also participate as
				necessary in any scheduled Fair Hearing. The Subgrantee agrees to disclose to
				the applicant on request, all information pertaining to a decision on
				eligibility for assistance.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 25 - WEATHERIZATION ASSISTANCE PROGRAM RULE › Section 346-25-4 - Eligibility Determination

Current through 2024-29, July 17, 2024
A. Eligibility for
				WAP shall be as provided for in the Weatherization Act.
B. Work on an eligible Dwelling Unit
				previously weatherized under WAP may be reopened if:
1. The reopening takes place within 6 months
				of completion of the original WAP service; and
2. The reopening is required because the
				previous service is the proximate cause of animmediate threat to the health
				and/or safety of the unit or its occupants; or the quality of Weatherization
				Materials or its installation is deemed deficient by Maine
				Housing.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 25 - WEATHERIZATION ASSISTANCE PROGRAM RULE › Section 346-25-5 - Priorities for WAP Services

Current through 2024-29, July 17, 2024
Maine Housing will base its priority ranking for WAP services
				  on the priority categories set forth in the Weatherization Act and as further
				  defined in the State Plan.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 25 - WEATHERIZATION ASSISTANCE PROGRAM RULE › Section 346-25-6 - Permissible Weatherization Expenditures

Current through 2024-29, July 17, 2024
A.
Materials Expenditures
1. The
				cost of any Weatherization Materials which do not conform to applicable product
				standards will not be allowable or reimbursable by Maine Housing.
2. The cost of window and door replacements
				will be allowed when justified by a savings to investment ratio of at least
				one.
3. Priorities for the
				installation of Weatherization Materials.
a.
				The Subgrantee shall complete an on-site inspection of each Dwelling Unit in
				order to identify which installed Weatherization Materials would be the most
				cost effective as defined in the Weatherization Act.
b. The method used to address the particular
				needs of a Dwelling Unit shall be asset forth in the Weatherization Act and the
				State Plan.
4. Incidental
				Repairs shall be allowed to the extent permitted under the Weatherization Act
				and shall include, without limitation:
a.
				Lumber and other essential materials used to frame or repair windows, doors,
				walls or floors.
b. Sealants,
				primers and other protective materials.
c. Supplies such as nails, screws, staples
				and glue.
d. Shingles, clapboards,
				sheathing and other essential roofing materials.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 25 - WEATHERIZATION ASSISTANCE PROGRAM RULE › Section 346-25-7 - Procurement and Property Management

Current through 2024-29, July 17, 2024
Subgrantee's responsibilities respecting the procurement and
				  management of property, materials and services purchased with funds made
				  available through WAP shall be asset forth in the Weatherization
				  Act.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 25 - WEATHERIZATION ASSISTANCE PROGRAM RULE › Section 346-25-8 - Monitoring and Technical Assistance

Current through 2024-29, July 17, 2024
A.
Program Monitoring
. Maine Housing will provide technical
				assistance and monitor Subgrantee's compliance with the Weatherization Act,
				this rule, the State Plan, and each subgrant agreement.
B.
Findings of Subgrantee's Failure to
				Comply
. Maine Housing will deliver a notice of deficiency to a
				Subgrantee within 10 calendar days of Maine Housing's determination that the
				Subgrantee failed to comply with the Weatherization Act, the rule, the State
				Plan, or any subgrant agreement. The notice will identify the specific
				deficiency and will request that the deficiency be corrected within a
				reasonable amount of time as determined by Maine Housing. If the deficiency is
				not satisfactorily resolved within such period of time, Maine Housing may with
				hold that Subgrantee's WAP funding until compliance is again achieved or
				proceed with suspension or termination under Section 2 D of this
				rule.
C. Subgrantees should refer
				to the WAP program guidance to determine how to perform and execute a
				particular responsibility or function. The program guidance is a resource and
				guide for the administration of WAP. It also serves as a manual designed to
				assist Subgrantees to understand the procedures for operating the WAP. This
				rule shall control in the event of any inconsistency between the program guide
				and the rule.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 25 - WEATHERIZATION ASSISTANCE PROGRAM RULE › Section 346-25-9 - State Plan

Current through 2024-29, July 17, 2024
Maine Housing will prepare and submit an annual State Plan
				  for WAP to Efficiency Maine Trust in accordance with
				  35-A M.R.S.A.
				  §10104(8) and to the
				  Secretary of the United States Department of Energy in accordance with the
				  Weatherization Act.
Maine Housing will notice a public hearing for the purpose of
				  taking comments on the State Plan and will also prepare a transcript of the
				  hearing.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 25 - WEATHERIZATION ASSISTANCE PROGRAM RULE › Section 346-25-10 - Confidentiality of Records

Current through 2024-29, July 17, 2024
A. No Subgrantee
				shall release or make available for public inspection, the name, address or
				phone number of any applicant for WAP services, their Household Income, assets,
				value of services received, or descriptions or photographs of their Dwelling
				Unit. Such information shall be kept confidential and shall not be released to
				any person or agency not directly involved in the Administration or auditing of
				WAP, except when:
1. The applicant gives
				written consent to the release;
2.
				The Subgrantee or other agency directly involved in the Administration of WAP
				requires this information for audit, management, evaluation or record keeping
				purposes; or
3. Disclosure is
				required under applicable law.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 25 - WEATHERIZATION ASSISTANCE PROGRAM RULE › Section 346-25-11 - Fair Hearings

Current through 2024-29, July 17, 2024
A. Maine Housing
				shall provide for a Fair Hearing in accordance with the APA whenever:
1. an application for WAP is
				denied;
2. an application is
				certified as income eligible but the Dwelling Unit is not approved for WAP
				services; or
3. a Fair Hearing is
				requested by a Person facing Deparment as provided in Section
				12 below.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 25 - WEATHERIZATION ASSISTANCE PROGRAM RULE › Section 346-25-12 - Debarment

Current through 2024-29, July 17, 2024
For purposes of this section and Section
				  11 only, the following terms shall
				  have the following meaning:
A.
				"Person" shall mean any individual, corporation, partnership or other business
				entity, and shall include affiliates, associates and subsidiaries of any such
				entity. Person shall also include directors and officers who are closely
				connected to or associated with such an entity so as to control it or have the
				power to control it in any business dealings.
B. "Debarment" shall me and is qualification
				from bidding on or sub-contracting for any project administered by the Maine
				Housing.
C. "Bidding Crime" shall
				me an any act prohibited by state or federal law committed in any jurisdiction
				involving fraud, conspiracy, collusion, perjury or material misrepresentation
				with respect to bidding on any public or private contract, and shall include
				violations of state anti-trust laws, federal anti-trust laws, the Racketeer
				Influenced and Corrupt Organizations Act ("RICO"),
				18
				U.S.C. §
										1961, et seq., and the Mail
				Fraud Act,
				18 U.S.C. §
										1341,
et seq
.
D. Maine Housing shall have the authority to
				Debar any Person for the following reasons for such period of time as it deems
				appropriate.
1. Conviction of a Bidding Crime
				resulting from either a jury or benchtrial; any plea of guilty or nolo
				contendere to a charge of a bidding crime; or any admission by any Person of a
				Bidding Crime; or any testimony under oath by an unindicted co-conspirator
				indicating a Person's involvement in a Bidding Crime.
2. Conviction of any offense indicating a
				lack of moral or ethical business integrity as may reasonably be perceived to
				relate to or reflect upon the business practices of the Person.
3. Debarment by any other State or Federal
				agency for substantially any of the reasons listed in this Section.
4. Making false, deceptive, or fraudulent
				statements on any documents submitted to Maine Housing.
5. Any other cause affecting a Person's
				responsibility as a contract or of a serious and compelling
				nature.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 25 - WEATHERIZATION ASSISTANCE PROGRAM RULE › Section 346-25-13 - Additional Provisions

Current through 2024-29, July 17, 2024
A. Any provision of
				applicable Federal or Maine law including, with out limitation, the Act, and
				the Weatherization Act shall take precedence over this rule in the event of any
				in consistency.
B. This rule does
				not preclude such additional or alternative requirements as may be necessary to
				comply with the Act and the Weatherization Act.
C. This rule establishes a pool of eligible
				applicants but does not preclude additional reasonable criteria and does not
				confer any automatic right or entitlement on any person or entity eligible here
				under.
D. Waivers. Upon
				determination for good cause, the Director of Maine Housing, or the Director's
				designee, may, subject to statutory limitations, waive any provision of this
				rule. Each waiver shall be in writing, and shall be supported by documentation
				of the pertinent facts and grounds for the waiver.
E. The Director of Maine Housing,
				individually or by exercise of the delegation powers contained in the Act,
				shall make all decisions and take all action necessary to implement this rule.
				Such action of the Director shall constitute final agency action.
Code of Maine Rules › 99 - INDEPENDENT AGENCIES › 346 - MAINE STATE HOUSING AUTHORITY › Chapter 27 - TRANSFERS OF OWNERSHIP INTERESTS › Section 346-27-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms have the following meanings in this
				  rule:
A. "Additional Circumstances"
				means any one or more of the following in connection with the Transfer of an
				Ownership Interest:
(i) a request for
				additional funding or tax credit allocation from MaineHousing or for the
				modification, assumption or refinancing by MaineHousing of existing
				MaineHousing obligations;
(ii) the
				existence of HUD project-based rental assistance for the Project;
(iii) management deficiencies in the
				Project;
(iv) a Project that is
				financially unstable, on MaineHousing's watch list or in default; or
(v) increased risks to a Project as assessed
				by MaineHousing.