GENERAL REQUIREMENTS

A. Information concerning public assistance programs shall be available to all persons in the community. Available information shall include: 1. Benefits and programs available; 2. Eligibility requirements; 3. Related services; 4. Rights and responsibilities of clients; 5. The Property Tax/Rent/Heat Credit (PTC) rebate eligibility information available through the Colorado Department of Revenue; and, 6. Earned Income Tax Credit (EITC). B. The county department shall: 1. Receive and date all applications and assist the client to complete the application and secure documentation when needed; 2. Provide language translation via an interpreter, as needed; 3. Inform the client of his or her responsibility to accurately and fully complete the application and provide documents to substantiate eligibility factors; 4. Inform the client that he or she may use friends, relatives, or other persons to assist in the completion of the application and their right to designate an authorized representative as described in section 3.510; 5. Inform the client, in writing at the time of application, that the county department shall use the client's Social Security Number (SSN) to obtain information available through the Income and Eligibility Verification System (IEVS) to verify income and that such information may be shared with other assistance programs, other states, the Social Security Administration, the Department of Labor and Employment, and the Child Support Services program; 6. Conduct an evaluation of needs related to the client’s health and well- being. Based on identified needs, the county worker will refer the client to other agencies or services available in the community, such as food banks, Area Agencies on Aging (AAA), Aging And Disability Resources for Colorado (ADRC), or the Division of Vocational Rehabilitation (DVR); 7. Refer the client to the other benefits for which he or she may be eligible; 8. Inform the client that he or she may terminate the application process at any time; A decision by the client to “withdraw” shall be treated as a denial by the county department. The client shall be notified of the county department's action by the State approved Notice of Action form within ELEVEN (11) calendar days of the action. 9. Review applications, make necessary collateral contacts or request any needed verification, and determine eligibility for assistance; and, 10. Calculate all claims, initiate recoveries, and prepare for and appear at all appeals. C. The county department shall require a written application, signed under penalty of perjury, using the State Department's prescribed public assistance application form. The date of application shall be the first working day the county department receives a signed application form, indicating the client's desire to receive public assistance benefits. Incomplete applications shall be denied following the policies outlined in Section 3.554. For clients who have been committed to a facility by order of the district or probate court or who have been made a ward of the State, application for an Adult Financial program shall be completed by the facility's administration or the client's guardian. The application form shall be used as the primary source of information and to be considered complete, shall contain, at a minimum the name of the applicant and signature of the applicant, parent, legal guardian, facility administration or authorized representative and an address for the applicant which can include general delivery or a county office. If an address is not provided, another means of contact such as phone number or email address shall be utilized to obtain an address. A client who may be partially or totally illiterate can satisfy the signature requirement by: 1. Making a mark on the signature line. 2. The mark shall be witnessed by at least one other individual. The witness shall provide his or her own signature and address next to the client’s mark in the signature block. 3. A county department staff member may act as witness if he or she is not related to the client. D. The client shall be required to answer all applicable questions on the application form. Any questions not answered in writing on the application shall be asked of the client during the interview and the client must provide an answer at that time. The response must be documented on the application or entered into the statewide automated system. E. Clients shall be provided the opportunity to register to vote during initial application and at each redetermination. F. The county department shall adhere to the requirements of the Colorado Address Confidentiality Program (ACP) as defined in Section 24-30-2101, C.R.S. The ACP provides survivors of domestic violence, sexual offenses, and/or stalking with a legal substitute address for creating public records and interacting with all State and local government agencies. G. The client has the right to decide how to use his or her grant payment. The county department shall not: 1. Impose any restriction, either direct or implied, on a client’s use of his or her grant payment including, but not limited to, requesting a client to provide receipts or proof of how the money has been spent; or, 2. Require the client to account for the use of the grant payment, except for the Electronic Benefits Transfer (EBT) card point of sale limitations listed in 26-2-104(2), C.R.S.; or, 3. Give assistance to creditors in the collection of the client’s debts. H. Each client of financial assistance provided under Adult Financial programs, shall receive prior written notice of any agency action affecting his or her eligibility for or receipt of grant payments. 1. The client shall be notified in writing of county department approval of: a. An application for financial assistance through the Adult Financial programs; b. An increase in the amount of grant payment. To the extent practicable, notice shall be in his or her primary language and shall be mailed or delivered within eleven calendar days after the determination is made. If the client needs assistance in understanding the action, the action shall be explained verbally. c. If the client is dissatisfied with the effective date of eligibility, or the amount or type of assistance authorized, he or she has the right to a county conference and/or state level fair hearing. 2. A client shall be given notice of any action by the county department, or any person or agency acting on its behalf, which adversely affects the client’s eligibility for, or right to grant payments authorized under the Adult Financial programs. Failure to give notice of an adverse action shall be grounds for setting aside the action on appeal. The notice must meet the following standards: a. The notice must be in writing; and, b. It must describe clearly and in plain language the action to be taken and the reason(s) for the action; and, c. It must refer specifically by number to the Section(s) of the State Department's rules that require or permit the action being taken, or cite the specific changes in Federal or State law requiring the action; and, d. It must state the effective date of the proposed action; and, e. It must explain the client’s right to request a county conference and state level fair hearing, the time period for requesting a conference or hearing, and the steps which must be taken to obtain a conference or hearing; and, f. It must explain the client's right to continued grant payments and the obligation to repay if it is determined that the client was not eligible to receive them; and, g. It must inform the client of his or her right to be represented or assisted by legal counsel, a relative, a friend or a spokesperson of his or her choosing; and, h. To the extent practicable, notice shall be in his or her primary language. If he or she is illiterate, the action shall also be explained verbally. 3. Any negative action taken on the case shall be preceded by a timely notice period of at least eleven (11) calendar days. The 11 day timely notice period constitutes the period during which assistance is continued and no negative action is to be taken during this time unless described in Section 3.554. 4. When changes in either State or Federal law require grant payment adjustments for all persons receiving Adult Financial assistance, adequate notice shall include: a. A statement of the intended action; b. The reasons for such action; c. The specific change in law requiring such action; and, d. The circumstances under which a county conference and/or state level fair hearing may be obtained and financial assistance continued. A county conference or state level fair hearing need not be granted unless the reason for an individual appeal is incorrect grant computation. I. A client who disagrees with a proposed action has the right to: 1. A county conference that must be requested no later than ninety (90) calendar days from the date the notice of action is mailed to the client; 2. A state level fair hearing before an ALJ which can be requested if the client does not wish to utilize the county conference to resolve the dispute or is dissatisfied with the outcome of the county conference. The client must submit a written request for a fair hearing by mail or delivery to the OAC no later than ninety (90) calendar days from the date the notice of action is mailed to the client; 3. Judicial review of the final agency decision in the appropriate State district court, after exhausting the administrative appeal rights granted under these rules; and, 4. Continued grant payments as described in Section 3.554. J. Client confidentiality must be treated as follows: 1. All information obtained by the county department concerning a client of Adult Financial programs is confidential information. a. The county department shall inform county officials and other persons who have dealings with the department as to the confidential nature of personally identifiable information, which may come into their possession through transaction of department business. When a county worker consults a bank, current/ former employer of a client, another social agency, and other similar agencies, to obtain information or eligibility verification information, the identification of the county worker as an employee of the county department can, in itself, disclose that an application for assistance has been made by a client. In this type of contact, as well as other community contacts, the department shall maintain confidentiality whenever possible. b. Ensuring privacy while interviewing and the continuous confidentiality of information is essential. This involves both office facilities and county worker discretion. Office procedures and facilities should be such that information is not inadvertently revealed to persons not concerned with the affairs of a particular client. The county worker must also use discretion in mentioning department business outside the office. 2. General information not identified with any client is not confidential and may be released for any purpose. 3. Information secured by the county department for the purpose of determining eligibility and need is confidential. 4. 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 and county departments: a. Names and addresses of Adult Financial clients, and/or the grant payment amount; b. Information contained in applications, reports of medical examinations, correspondence, and other information concerning any person from whom, or about whom, information is obtained by the county department; c. Records of State or county departmental evaluations of the above information. d. All information obtained through the Income and Eligibility Verification System (IEVS). 5. No one outside the State or county department shall have access to records of the department except for the following individuals: those executing the Income and Eligibility Verification System (IEVS); Child Support Services officials; the SSA; Federal and State auditors and private auditors for the county; and Case Management Agencies (CMA). These individuals shall have access only for purposes necessary for the administration of the program. a. Client records may be used as exhibits for administrative, civil and/or criminal proceedings when the proceedings relate directly to the receipt of Adult Financial programs. b. Additional individuals shall have access to the client’s records as long as the client is notified and his or her prior permission for release of information is obtained, unless the information is to be used to verify income or eligibility under administration of the IEVS. c. If the information is needed to provide benefits to a client in an emergency situation, and the client is physically or mentally incapacitated to the extent that he or she cannot sign the release form, and time does not permit obtaining the client’s consent prior to release of information, the county department must notify the client within eleven (11) calendar days after supplying the information. If the applicant or client does not have a telephone or cannot be personally contacted within eleven (11) days, the county department must send written notification containing the required information. The verbal or written notification shall include the name and address of the agency that requested the information, the reason the information was requested and a summary of the information released. d. The following individuals shall have access to the records of the department, excluding IEVS information, if the previously identified consent or notice conditions are met: 1. A district attorney upon presentation of a written request accompanied by evidence that fraud is the reason for the request. 2. A county human services board member, as described in Section 26-1-116, C.R.S. e. When a county board member or a district attorney needs information about a client that is not in the possession of the county department, the requestor, with the aid of the county department, may contact the State Department to inquire as to the appropriate methods of securing it. f. The release of records is strictly conditioned upon the information being used solely for the purpose authorized 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. 6. County departments shall not release information regarding applicants or clients to law enforcement agencies unless a valid search warrant is received by the county or State Department, except as provided in Section 3.520.1.J.5.a. 7. Upon request to the State Department by the Colorado Bureau of Investigation, with the responsibility for location and apprehension of fleeing felons (i.e., a person with an outstanding felony arrest warrant), the addresses of a fleeing felon who is a client of Adult Financial programs shall be released pursuant to Section 26-1-114(3)(A)(III) C.R.S. 8. The client shall have an opportunity to examine such pertinent records concerning him or her as constitutes a basis for adverse action and in the case of a county conference or a state level fair hearing. Other requests for information by the client shall be honored only when the client makes the request in person and his or her identity is verified or the request is in the form of a written and signed statement. The client may designate an individual, firm, or agency to represent him or her at conferences and hearings. The client must put the designation of such representative in writing. The representative shall have access to all pertinent records. 9. The client may give a formal written release for disclosure of information to other agencies, such as hospitals or advocate agencies. If the client is not present, or the opportunity to agree or object to the use or disclosure cannot practicably be provided because of the client’s incapacity or an emergency circumstance, the department may, in the exercise of professional judgment, determine whether the disclosure is in the best interests of the client and, if so, disclose only the minimum protected health information necessary that is directly relevant to the client’s care. 10. Information provided to agencies and/or individuals must be limited to the specific information required to determine eligibility, conduct ongoing case management, or otherwise necessary for the administration of the Adult Financial program. Information obtained through IEVS will be stored and processed so that no unauthorized personnel can acquire or retrieve the information. County departments are responsible for limiting IEVS data to only those individuals requiring access to determine eligibility or otherwise administer the programs. All persons with access to information obtained pursuant to the income and eligibility verification requirements will be advised of the circumstances under which access is permitted, how data will be utilized, confidentiality of data, and the sanctions imposed for illegal use or disclosure of the information. K. County departments and contractors are to administer Adult Financial programs in such a manner that no person will, on the basis of race, color, religion, creed, national origin, ancestry, sex/gender (including transgender status), pregnancy, age, sexual orientation, gender identity, political affiliation, or physical or mental disability, or any other protected groups as described in the State Department’s anti-discrimination policy, be excluded from participation, be denied any aid, care, or services, or other benefits of, or be otherwise subjected to discrimination in his or her interactions with Adult Financial programs. 1. The references to “aid” includes all forms of assistance, including information and referral services. 2. The county department shall not, directly or through contractual or other arrangements, on the basis of race, color, religion, creed, national origin, ancestry, sex/gender (including transgender status), pregnancy, age, sexual orientation, gender identity, political affiliation, or physical or mental disability, or any other protected status: a. Provide any aid to an individual that is different, or is provided in a different manner, from that provided to others; b. Subject an individual to segregation barriers or separate treatment in any manner related to access to or receipt of assistance, care, services, or other benefits; c. Restrict an individual in any way in the enjoyment or any advantage or privilege enjoyed by others receiving aid provided under Adult Financial programs; d. Treat an individual differently from others in determining whether he or she satisfies any eligibility or other requirements or conditions which individuals must meet in order to receive aid, services, care, or other benefits provided under Adult Financial programs; e. Deny an individual an opportunity to participate in assistance programs through the provision of services or otherwise, or afford him or her an opportunity to do so which is different from that afforded to others under programs of assistance. f. Deny an individual the opportunity to participate as a member of a planning or advisory body that is an integral part of the program. 3. No distinction 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 department to clients. 4. The county department shall ensure that other non-federal agencies, persons, contractors and other entities with which it contracts business are in compliance with the above prohibition against discrimination requirements on a continuing basis. The county department staff is responsible for being alert to any discriminatory activity of other agencies and for notifying the State Department concerning the situation. 5. The State Department, through its various contacts with agencies, persons, and referral sources, will be continuously alert to discriminatory activity and will take appropriate action to ensure compliance with these prohibitions against discrimination. The county department, on notification by the State Department, will also terminate payments to the offender or association with any agency, person, or resource being used that has been found by the State Department or the Colorado Civil Rights Division to continue discriminatory activity in regard to applicants or clients. 6. An individual who believes he or she is being discriminated against may file a complaint with the county department, the State Department, the Colorado Civil Rights Division, or directly with the Federal government. When a complaint is filed with the county department, the county director is responsible for initiating an immediate investigation of the matter and taking necessary corrective action to eliminate any discriminatory activities found. If such activities are not found, the individual is given a written explanation of the outcome. If the person is not satisfied, he or she is requested to direct his or her complaint, in writing, to the State Department, Communications Section, which will be responsible for further investigation and other necessary action.