9 Colo. Code Regs. § 2503-5-3.520

Current through Register Vol. 47, No. 20, October 25, 2024

Section 9 CCR 2503-5-3.520 - GENERAL REQUIREMENTS, CASE PROCESSING, AND CASE ACTIONS

3.520.1GENERAL 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;

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 Single Entry Points. 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.

3.520.2DOCUMENTATION

A. The county department shall create a case record upon initial application and maintain the record while the case is open for assistance. The major purposes of a case record shall be:

1. To assist the county department in reaching a valid decision concerning eligibility and for the amount of grant payment a client is eligible to receive;

2. To ensure eligibility is based on factual information;

3. To provide for continuity of assistance when a worker is absent, when a case is reopened, and when a case is transferred from one county department to another; and,

4. To provide accountability for the county department's actions.

B. The county department shall document all income, resources, and non-financial eligibility information into the statewide automated system.

1. The county department shall not omit case information from the statewide automated system based on the assumption that the information is unnecessary for eligibility determination.

2. All case information used to determine eligibility and changes in basic biographical information shall be updated at the time of redetermination.

C. The county department shall document all case actions in case comments. This information shall include actions taken by the county department, the basis of such actions, and the result or outcome of the action taken on the case and must also include:

1. All case decisions related to prudent person principle;

2. All decisions related to the disposition of claims;

3. Any atypical interactions with the client;

4. Actions related to a county conference and/or state level fair hearing;

5. Cause of untimely processing of the application or redetermination;

6. Other information that would be critical to document county department actions and/or would be necessary to justify case decisions during a case review, audit, appeal, or lawsuit; and,

7. Information pertaining to eligibility, verifications, and collateral contacts.

D. Unless otherwise specified in rule, all forms, packets, notices, and applications, shall be State-prescribed or State approved.

E. The county department shall be responsible for securely storing paper and/or electronic case records and other confidential material to prevent accidental or intentional disclosure or access by unauthorized persons. If a county department shares building space with other county offices, case materials shall be stored in locked files.

F. Case records are the property of and shall be restricted to use by the State Department and county department.

G. Case files shall be kept for a minimum of three (3) years beyond the year of the case closure date unless there has been a claim, audit, negotiation, litigation or other action started before the expiration of the three-year period. In such cases, the retention period shall initiate at the conclusion of the claim, audit, negotiation, litigation, or other action.

3.520.3PROGRAM REVIEW AND OVERSIGHT

A. The county department shall be subject to the provisions outlined in Section 26-1-111, C.R.S., requiring the State Department to ensure that the county department complies with requirements provided by statute, State Board of Human Services and Executive Director rules, Federal laws and regulations, and contract and grant terms.

B. The county department shall be subject to routine quality control and program monitoring by the State Department, to minimally include:

1. Targeted review of the statewide automated system documentation;

2. Review and analysis of data reports generated from the statewide automated system;

3. Case file review;

4. Targeted program review conducted via phone, email, or survey; and,

5. Onsite program review.

C. The focus of State Department monitoring shall be to identify:

1. Compliance with program statutes and rules;

a. The county department shall provide written responses to the State regarding action taken to correct areas of non-compliance. The State Department must approve the action(s) taken.

b. The county department shall provide to the State a written plan, including steps and measures, to mitigate the error(s) from recurring. This plan must be approved by the State Department.

2. Best practices that can be shared with other county offices;

3. Training needs; and,

4. Performance outcomes.

D. The county department shall be subject to a performance improvement plan to correct areas of identified non-compliance.

E. The county department shall be subject to corrective action and sanction as outlined in Section 1.100, et seq. (9 C.C.R. 2501-1), General Policies and Administration, in case of failure to make improvements required under the performance improvement plan.

F. County department supervisory personnel and/or quality assurance staff shall review eligibility determinations (certifications, denials, and/or pending cases) monthly for the purposes set forth in 3.520.3.C. Supervisory personnel and/or quality assurance staff shall:

1. Review a minimum number of cases, including specific programs and/or actions, per month as outlined annually by the State Department based on the county department's Adult Financial caseload size. The State Department will notify the county of the minimum number of cases to be reviewed via memorandum. The county may elect to:

a. Create a plan to pull a random sample that includes at least the minimum number of Adult Financial cases set forth by the State Department in its memorandum and submit that plan to the State for approval.

b. Use the State prescribed random sample.

2. Determine the correctness of eligibility determinations;

3. Ensure correction of any errors within ten (10) business days or the time frame specified within the approved review plan; and,

4. Maintain a record of the cases reviewed for audit purposes, including audit results and any required actions taken by the county. County departments must keep case file reviews for a minimum of three (3) years.

5. Report these results and actions to the State on a monthly basis via the State prescribed process.

3.520.4APPLICATION PROCESSING

The county department shall process applications as expeditiously as possible but no later than forty-five (45) calendar days following the date the application was filed. Applications meeting the criteria identified in Section 3.520.1.C, shall be processed as follows:

A. Record the date the signed application was received by the county department.

B. Review the application for completeness for all programs applied for and/or any programs not applied for but that the client is potentially eligible for.

C. Schedule an interview with the client if the interview is not taking place immediately.

1. The client shall be offered an in-person interview. If the client does not elect an in-person interview, the county shall schedule and conduct a phone interview.

2. The client shall be provided written notice of the interview at least four (4) calendar days of the scheduled interview. The client may provide a written or verbal waiver that written notice of the scheduled interview is not necessary when the county department is able to conduct the interview during application processing. Notice shall include:

a. The date and time for the interview;

b. Identification of any documentation that may be needed;

c. The opportunity to reschedule the appointment or make other arrangements in the event of good cause.

3. When the client does not keep the interview appointment and does not request an alternate time or arrangement, as described in this section, grant payments will be denied.

4. The interview must be documented and shall include:

a. An explanation of the various assistance programs available to the applicant, even if not specifically applied for, and an opportunity to apply for those additional programs not in the client's original application;

b. An explanation of the eligibility process and the eligibility requirements;

c. A review of the application with the client to:

1) Confirm all information on the application;

2) Answer questions not completed on the application; and,

3) Provide the client an opportunity to clarify unclear, inconsistent, inaccurate, or questionable statements.

4) For Aid to the Needy Disabled State Only (AND-SO), provide the client with a medical disability certification form. Provide, explain and obtain necessary signatures on the Authorization for Reimbursement of Interim Assistance form (IM-14), as defined in Section 3.510, and explain the requirement to apply for Supplemental Security Income (SSI).

d. A request for verification of application declarations.

1) The client has the primary responsibility to provide information necessary to establish eligibility.

2) The county department shall assist the client to obtain verification through collateral contacts, interfaces, or a home visit.

e. Discussion of the client's rights and responsibilities that must include:

1) The client's responsibility to notify and provide verification to the county department in writing by the 10th of the month following the month in which the change occurred of any change in resources or income or other change in circumstances which affects eligibility or grant payment amount.

2) The client's right to confidentiality of records and information.

3) The client's right to non-discrimination provisions, including the process in Section 3.520.1.K.6, for filing discrimination complaints.

4) The client's right to a county conference or state level fair hearing.

5) The client's right to review and copy his or her case file.

f. An explanation provided regarding the process of utilizing the EBT card. This explanation shall include:

1) Identification of the following establishments in which clients shall not be allowed to access cash grant payments through the EBT service from Automated Teller Machines (ATM) and Point of Sale (POS) devices:

a) Licensed gaming establishments;

b) In-State simulcast facilities;

c) Tracks for racing;

d) Commercial bingo facilities;

e) Stores or establishments in which the principal business is the sale of firearms;

f) Retail establishments licensed to sell malt, vinous, or spirituous liquors;

g) Establishments licensed to sell medical marijuana or medical marijuana-infused products, or retail marijuana or retail marijuana products, effective June 30, 2015;

h) Establishments that provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, effective June 30, 2015.

2) An explanation that the cash grant payment portion issued on the EBT card may be suspended with identified misuse as outlined in Section 3.520.4.C.4.f.

g. An assessment of other needs the client may have and appropriate referrals to community resources, including food banks, Area Agencies on Aging (AAA), Aging and Disability Resources for Colorado (ADRC), Centers For Independent Living, the Division of Vocational Rehabilitation (DVR), Low Income Energy Assistance Program (LEAP), phone assistance, and the Property Tax/Rent/Heat Credit (PTC) Rebate eligibility information.

h. An opportunity to register to vote.

5. County departments shall require no more than one interview per application.

a. The county department shall secure signed copies of any other forms necessary to determine eligibility. If the client refuses to sign any required forms, the case shall be denied or discontinued following the policies outlined in Section 3.554.

b. If the client wishes to apply for Adult Financial benefits while applying for or already receiving benefits under a different program, such as food assistance, the county department may accept the client's verbal or written request for Adult Financial benefits and use the client's existing application or redetermination for the other program's benefits if received within sixty (60) calendar days of the request; otherwise a new application will be required. The county department must verify and document any changes that occurred between the initial application submission or redetermination and the request for Adult Financial grant payments. A verbal request to apply for an Adult Financial program shall be documented in the statewide automated system and the date of the request will secure the application date for the client.

6. When the client does not keep a scheduled interview appointment and has not contacted the county department to reschedule, as specified in this section, the county department shall deny the application following the policies outlined in Section 3.554.

a. If the client makes a request for Adult Financial grant payments following the county department's denial of his or her application based on the client failing to attend the interview appointment, the following shall occur:

1) If the client has good cause as outlined in Section 3.510 and notifies the county department that he or she wishes to continue his or her application for Adult Financial grant payments within thirty (30) calendar days of the denial, the county department shall reschedule the interview and the initial application date shall be used. During the interview, the county department must verify and document any changes that occurred between the initial application submission and the client's request to continue the application process. If the continued application results in a denial for any reason and the client makes a subsequent request for Adult Financial grant payments, a new application shall be required.

2) If the client does not have good cause and notifies the county department that he or she wishes to continue his or her application for Adult Financial grant payments within thirty (30) calendar days of the denial, the current application may be used and the date of application shall be the most recent date the client requested to continue his or her application for Adult Financial grant payments. The county department shall reschedule the interview and must verify and document any changes that occurred between the initial application submission and the request to continue that application. If the request to continue the application results in a denial for any reason and the client makes a subsequent request for Adult Financial grant payments, a new application shall be required.

3) If the client requests grant payments after thirty (30) calendar days from the date of the initial denial, he or she must submit a new application.

D. Verify statements made by the client on the application and during the interview using the statewide automated system interfaces described in Section 3.520.5, gathered from other collateral contacts or requested from the client.

1. If the client is missing any verification, the county department shall request additional and/or required verifications from the client. The request shall include:

a. A specific list of verifications necessary to determine eligibility;

b. The due date for when the verifications must be returned, which shall be eleven (11) calendar days from the date the verification was requested in writing unless otherwise specified in Section 3.540; and,

c. Notification that if the client fails to return the verifications by the due date, the county department shall process the application without those verifications, which may lead to a denial of grant payments.

2. The client shall be advised that a collateral contact or home visit may be used to confirm questionable evidence, to investigate potential fraud, or when documentary evidence is insufficient to make a determination of eligibility or grant payment amount or cannot otherwise be obtained. If a collateral contact is needed, the county department shall:

a. Request the name of an appropriate collateral contact from the client; or,

b. Independently determine an appropriate collateral contact; or,

c. Substitute a home visit when an appropriate collateral contact cannot be identified; or,

d. Deny an application following the policies outlined in Section 3.554 if a collateral contact refuses to provide documentation of essential verifications and the applicant is unwilling to cooperate in obtaining such documentation.

1) The client's authorization for the collateral contact to release such information or documentation alone does not constitute cooperation if the county department requests further assistance from the client. Documentation of lack of cooperation must be entered in the case record.

2) However, if the client is willing to cooperate, but unable to obtain the information or documentation from the collateral contact, the county shall assist him or her in gaining the information or documentation required to make a determination of eligibility. If the county is also unable to obtain the information or documentation, eligibility will be determined based on the information provided.

e. Maintain client confidentiality to the greatest extent possible when using a collateral contact for verification.

3. Record the date each verification document was received by the county department office.

4. Upon receipt of the required verifications, the county department shall enter verifications into the statewide automated system. Once all verifications have been entered, the county department shall review the results, verify accuracy, and determine eligibility. If a client fails to timely return verifications, the case may be denied following the policies outlined in Section 3.554.

a. If the client provides new information regarding a change in circumstances after he or she was determined ineligible, the change in circumstances shall be treated as follows:

1) If the change in circumstances occurred within thirty (30) calendar days of the denial, the client's original application may be used and the date of the application shall be the date all verifications were received supporting the new circumstance. The county department shall verify and document any changes that occurred between the original application submission and the new request to continue his or her application. The county department shall enter the verifications into the statewide automated system, review the results, verify accuracy, and determine eligibility. If the client's request to continue his or her application results in a denial for any reason and the client makes a subsequent request for Adult Financial grant payments, a new application shall be required.

2) If the client identifies a change in circumstance more than thirty (30) calendar days from the date of the denial, he or she must submit a new application.

5. When the client does not submit the required verifications, and the case is denied or discontinued:

a. If a client returns the required verifications within thirty (30) calendar days of the denial or discontinuation and good cause is provided for the delayed submission, the county department shall utilize the current application date and shall enter the verifications into the statewide automated system. When all verifications have been entered, the county department shall review the results, verify accuracy, and determine eligibility. If that request to continue the application results in a denial for any reason and the client makes a subsequent request for Adult Financial grant payments, a new application shall be required.

b. If the client does not have good cause and returns the required verifications within thirty (30) calendar days of the denial, that application may be used and the date of the application shall be the date all verifications were received. The county department shall enter the verifications into the statewide automated system. When all verifications have been entered, the county department shall review the results, verify accuracy, and determine eligibility. If that request to continue the application results in a denial for any reason and the client makes a subsequent request for Adult Financial grant payments, a new application shall be required.

c. If the client provides the verifications more than thirty (30) calendar days from the date of the denial, he or she must submit a new application.

6. If a client believes that the value used by the county department for income or resource calculation was incorrect, the client may request verbally or in writing to have his or her case reevaluated by the county within thirty (30) calendar days of the denial. The county department shall evaluate and request additional documentation if needed. If an incorrect determination was made, the county department shall correct the case and grant payments shall be recalculated and issued based on the original application date.

7. Delay in processing the application shall not be allowed for any of the following:

a. When the client has applied for a Social Security Number and is awaiting action by the SSA; or,

b. When the county department is awaiting receipt of information from the State Verification Exchange System (SVES).

E. Provide a notice of action to the client by mail, electronic notification, or in person using the State Department's prescribed form explaining the eligibility determination results and the client's appeal rights as outlined in Section 3.586, et seq.

3.520.5INTERFACE VERIFICATIONS

A. The Income and Eligibility Verification System (IEVS) provides for the exchange of information on clients with the SSA and the Colorado Department of Labor and Employment (DOLE). The county department shall query IEVS, using the client's, client's spouse's, and client's sponsors' SSNs. Source agency records shall be matched on a regular basis to identify potential earned and unearned income, resources, and assets:

1. The following data shall be considered verified upon receipt:

a. SSA (Beneficiary and Earnings Data Exchange (Bendex) and State Data Exchange (SDX)) Social Security benefits, SSI, pensions, self-employment earnings, federal employee earnings; and,

b. Unemployment benefits (UIB).

2. DOLE wage data shall not be considered verified upon receipt.

a. Additional verification must be obtained to verify wage information. The county department shall request this information be provided by the client and/or his or her employer in writing. This information must be provided within eleven (11) days following the date of the county's request or the case will be discontinued or denied following the policies outlined in Section 3.554.

b. The county department shall query DOLE at initial application and at redetermination.

3. Prior to approval of grant payments, the county department shall, at a minimum, verify potential earnings or unemployment benefits for the client, client's spouse, and sponsor(s).

4. The county department shall act on all information received through IEVS within forty five (45) calendar days of receipt.

5. The county department shall not delay processing of IEVS beyond forty-five (45) calendar days on more than twenty (20) percent of the information targeted for follow-up, if:

a. The reason that the action cannot be completed within forty-five (45) calendar days is the nonreceipt of requested third party verification; and,

b. Action is completed promptly, when third party verification is received or at the next time eligibility is redetermined, whichever is earlier. If action is completed when eligibility is redetermined and third party verification has not been received, the county department shall make its decision based on information provided by the client and any other information in its possession.

6. At initial application and at redetermination, a client shall be notified through a written statement provided on or with the application form that (1) the information available through IEVS will be requested, and that such information will be used for determination of eligibility; (2) the information in IEVS must be verified through sources, such as collateral contacts with the client, when discrepancies are found by the county department; and, (3) that the verified information may affect the client's eligibility and grant payment amount.

a. All verification types obtained by a collateral contact to validate or invalidate any IEVS discrepancy shall be documented;

b. Case documentation shall be available in the case file or statewide automated system documenting the action taken on the case within forty-five (45) calendar days of initial receipt. Case documentation must include the purpose of the review of the IEVS, the action taken on the case, and how the county department made the determination and whether that determination supports the county's action on the case.

B. The State Verification Exchange System (SVES) may be used to verify social security number, SSA income, and Supplemental Security Income application status. SVES may also be used to identify potential marital status, potential resources, and other potential sources of income; additional verification may be necessary.

C. The county department shall query the Public Assistance Reporting Information System (PARIS) at initial application and at redetermination to determine whether the client is receiving benefits in another state, veterans' benefits, or military wages or allotments. This information is not considered verified upon receipt and additional verification must be obtained to verify the information provided in PARIS. The county department shall request this information be provided by the client and/or the other state, veteran's agency, or military branch in writing.

D. For AND only the county department shall query the Systematic Alien Verification for Entitlements (SAVE) at initial application and at redetermination. Information obtained through SAVE is considered verified upon receipt. The purpose of the save query is to:

1. Determine whether a qualified non-citizen has a sponsor(s); and,

2. Verify the non-citizen registration number provided by the client and, if the number and name submitted do not match, refer the client to resolve the discrepancy, and if unable to resolve, take prompt action to terminate assistance to the client following the policies outlined in Section 3.554; and,

3. Determine the non-citizen's immigration status.

E. The Colorado Department of Revenue, Division of Motor Vehicles (DMV), may be used by the county department to verify identity.

3.520.6NON-FINANCIAL ELIGIBILITY REQUIREMENTS

3.520.61NON-FINANCIAL ELIGIBILITY REQUIREMENTS

To be eligible for Adult Financial programs, a client shall:

A. Be eighteen (18) through fifty-nine (59) years of age for AND-SO (unless diagnosed with blindness, then age zero (0) through 59 years of age); age 0 through 59 years of age for AND-CS; and age sixty (60) years of age or older for OAP; and,

B. Be a resident of Colorado, except that inmates of a city, municipal, county, State, or Federal correctional institution, and fleeing felons, shall not be eligible for Adult Financial programs; and,

C. For AND only, be a citizen of the United States or be a qualified non-citizen or legal immigrant as outlined in Sections 3.520.67; and,

D. For AND only, have a valid SSN, as outlined in Section 3.520.65; and,

E. For AND only, have a disability, as outlined in Section 3.541; and,

F. Not be currently receiving or eligible for financial assistance from Colorado Works, as outlined in Section 3.520.71.F; and,

G. Apply for and accept all retirement and public assistance benefits for which they may be eligible, unless good cause is provided as to why such benefits were not applied for or accepted; and,

H. Pursue and accept all other potential income and resources that may be available, as outlined in Section 3.520.71; and,

I. Meet all other program eligibility requirements, including income and resource limits.

3.520.62AGE REQUIREMENTS

The county department shall verify the client's age by viewing the statewide automated system interface information or any of the following documents:

A. Birth certificate;

B. Valid Colorado State identification or driver's license;

C. Valid out of state identification or driver's license;

D. Naturalization, immigration, or passport papers;

E. Legal documents from vital statistics;

F. Social Security information (SOLQ, SVES, SDX, and BENDEX);

G. School records;

H. Baptismal certificates or other well documented church records;

I. Genealogy records or other well documented family records of birth;

J. Voting records; or,

K. United States census records.

3.520.63MARITAL STATUS

A. The county department shall determine and verify if questionable the client's marital status as one of the following:

1. Single, never married;

2. Married;

3. Widowed; or,

4. Divorced or legally separated.

B. If married, both spouses may apply for and/or receive Adult Financial programs. Each spouse shall have a separate case.

C. If the client is divorced, legally separated or widowed, and this status is questionable, the client shall provide verification in the form of:

1. Legal court documents or alternate verification from a vital statistic source substantiating divorce or legal separation; or,

2. Death certificate or obituary of the client's spouse.

D. Clients who are not legally separated or divorced are considered married.

3.520.64RESIDENCY REQUIREMENTS

A. To be eligible for Adult Financial programs, a client shall be a resident of Colorado.

B. Residency is established on the first day the client declares him/herself to be a resident of Colorado.

1. A person shall not acquire residence while the person has established his or her permanent place of residence in another state or country.

2. A person receiving financial assistance from another state shall not be eligible for Adult Financial programs in Colorado during any month in which a payment is made by the other state.

C. The client shall live in the county in which the application is made.

1. A client who resides in a county but who is homeless or does not have a fixed mailing address shall be considered eligible for assistance, provided all other eligibility requirements are met.

2. Clients who do not have a fixed address may provide a postal box within their county as their mailing address, or may use the county department as their mailing address. It shall be the client's responsibility to go to the postal box or the county department to check for and pick up their mail. Failure to regularly check for and pick up mail shall not be grounds for appealing timely notice.

D. A client who moves out of Colorado or is shown to be a resident of another state shall not be considered a resident of Colorado. A move or residence in another state may be established by actions such as:

1. Purchasing or obtaining a lease of a dwelling unit in another state;

2. Household effects, equipment, and personal belongings being removed to another state;

3. Obtaining a driver's license or state-issued identification card in another state;

4. Registering to vote in another state;

5. Applying for or receiving local, state, or Federal assistance in another state;

6. Registering vehicles of any type in another state;

7. Securing a resident hunting or fishing license in another state;

8. Using an address in another state; or,

9. Statements or other positive acts indicating that the client has taken up residence in another state.

E. A client who is out of State temporarily shall be considered a resident, with the following exceptions:

1. A client who leaves the country for a period of thirty (30) or more consecutive days creates a rebuttable presumption (unless the client comes forward with enough information to prove otherwise) that the client shall no longer be considered a resident and shall be ineligible for Adult Financial programs.

2. A client who leaves the State for a period of ninety (90) or more consecutive days creates a rebuttable presumption (unless the client comes forward with enough information to prove otherwise) that the client shall no longer be considered a resident and shall be ineligible for Adult Financial programs. An exception to this is for individuals temporarily out of the State to receive documented medical treatment.

3. A client who leaves the State for a period of more than one hundred eighty (180) days in any calendar year, even if that time has not been consecutive time away, creates a rebuttable presumption (unless the client comes forward with enough information to prove otherwise) that the client shall no longer be considered a resident and shall be ineligible for Adult Financial programs.

4. A client who leaves the State to care for an immediate family member injured in the line of military duty for a period of one hundred eighty (180) or more consecutive days creates a rebuttable presumption (unless the client comes forward with enough information to prove otherwise) that the client shall no longer be considered a resident and shall be ineligible for Adult Financial programs.

F. When a determination of principal place of residence is difficult to secure due to conflicting documentation, other sources shall be used to gather verification and make a decision, such as addresses obtained from voter registrations, tax returns, Social Security and Medicare, a driver's license, car registrations, or other statements or documents. The county department shall use the prudent person principle to weigh the documentation and/or verification and make a decision regarding residency.

G. The burden to prove residency shall be on the client. If a client refuses to provide requested or necessary documentation or information to verify residency, Adult Financial grant payments shall be denied following the policies outlined in Section 3.554.

3.520.65SOCIAL SECURITY NUMBERS (SSN)

A. Each Adult Financial program client who has a social security number (SSN) or is eligible to obtain a SSN shall provide his or her SSN to the county department.

1. If a client has multiple numbers, all numbers shall be required.

2. If a client is unable to provide their SSN, the client shall be required to apply for a SSN at the local Social Security office and provide the county department with verification of application for an SSN. This requirement does not apply to OAP clients who are non-citizens or qualified non-citizens.

3. When a client is eligible for a SSN, refusal or failure to apply for or provide their SSN shall result in denial for Adult Financial programs.

4. Upon proof of application for an SSN, the time required for issuance of the number or to secure verification of the number shall not be used as a basis for delaying action on the Adult Financial program application.

B. The county department shall verify the client's SSN with the SSA in accordance with procedures established by the State Department for the SVES.

1. The county department shall accept as verified a SSN that has been confirmed by the SVES.

2. When the county department receives notification that an SSN cannot be verified or is otherwise discrepant (e.g., name or number do not match SSA records), the county department shall:

a. Conduct a case record review to confirm that the SSN in the case record matches the SSN submitted to the SSA for verification.

1) If an error occurred in the original submittal (e.g., digits transposed, incorrect name submitted) the county department shall correct the error and resubmit the SSN through SVES for verification.

2) If no error is identified, the county department shall advise the client in writing that the SSN could not be verified, and instruct the client to contact the local Social Security office to resolve the discrepancy.

b. Make every effort to assist the client to obtain available documents required by the SSA.

3. For clients eligible to receive a SSN, if the client is unable to provide his or her valid SSN, the application shall be denied or the case terminated following the policies outlined in Section 3.554.

3.520.66IDENTITY

In order to verify clients identity, the client shall produce and provide to the county department:

A. A valid Colorado driver's license or a Colorado identification card issued pursuant to Article 2 of Title 42, C.R.S.; or,

B. A United States military card or military dependent's identification card; or,

C. A United States Coast Guard Merchant Mariner Card; or,

D. A Native American tribal document;

E. Any other document authorized by rules adopted by the Colorado Department of Revenue pertaining to driver's licenses and identification cards found at 1 C.C.R. 204-30, Rule 16 (rules for exceptions processing) as of March 15, 2022. These Department of Revenue rules are herein incorporated by reference and do not include any later amendments or editions of these rules. These rules are available for public inspection at the Colorado Department of Revenue, 1375 Sherman St., Denver, CO 80261 or for no cost at www.sos.state.co.us. Copies of these rules are available for reasonable cost during normal business hours at the Colorado Department of Human Services, Director of the Employment and Benefits Division, 1575 Sherman St., Denver, CO 80203 or the Colorado Department of Revenue, 1375 Sherman St., Denver, CO 80203.

3.520.67CITIZENSHIP, QUALIFIED NON-CITIZENS, AND NON-CITIZENS

A. The following are citizens of the United States and are eligible to apply for AND.

1. Persons born in the United States, Puerto Rico, Guam, Virgin Islands (U.S.), American Samoa, or Swain's Island;

2. Persons who have become citizens through the naturalization process;

3. Persons born to U.S. citizens outside the United States with appropriate documentation.

B. The county department shall verify citizenship for AND when:

1. The claim of citizenship is inconsistent with statements made by the client or with other information on the current or previous applications; or,

2. The claim of citizenship is inconsistent with information received from another source.

C. Citizenship may be verified by a birth certificate, possession of a U.S. passport, a certificate of U.S. citizenship (issued by USCIS), a certificate of naturalization (issued by USCIS), a certificate of birth abroad of a citizen of the United States (issued by the Department of State), or Identification Cards for U.S. citizens (issued by USCIS). Documents that are acceptable as verification of citizenship can be found in the Federal Regulations at 45 CFR 1626.6 as of May 19, 2014, which are herein incorporated by reference. This rule does not contain later amendments or additions. These regulations are available at no cost at https://www.ecfr.gov/. These regulations are also available for public inspection and copying at the Colorado Department of Human Services, Director of the Employment and Benefits Division, 1575 Sherman Street, Denver, Colorado, 80203, or at any State publications library during regular business hours.

D. Verification of citizenship by the county department shall not result in discrimination based on race, religion, ethnic background or national origin, and groups such as migrant farm workers or Native Americans shall not be targeted for special verification. The county department shall not rely on a surname, accent, or appearance that seems foreign to find a claim to citizenship questionable. Nor shall the county department rely on a lack of English speaking, reading, or writing ability as grounds to question a claim to citizenship.

E. Qualified non-citizens who are considered legal immigrants by USCIS are eligible to apply for Adult Financial programs and all non-citizens are eligible to apply for OAP.

F. Qualified non-citizens applying for AND shall present documentation from USCIS showing the client's non-citizen status. All documents shall be verified through SAVE (Systematic Alien Verification for Entitlements) to determine the validity of the document.

G. The following non-citizens and temporary residents shall not be eligible for AND.

1. A non-citizen with no status verification (undocumented) from the USCIS;

2. A non-citizen granted a specific voluntary departure date;

3. A non-citizen without a current qualified status, regardless of application status; or,

4. A citizen of foreign nations residing temporarily in the United States on the basis of a visa issued to permit employment, education, or a visit.

3.520.68FIVE YEAR BAR FROM ELIGIBILITY

A. Qualified non-citizens arriving in the U.S. on or after August 22, 1996, are barred from receiving AND for five years beginning on the qualified non-citizen's date of admission into the United States for legal permanent residence, as verified through SAVE.

3.520.69SPONSORSHIP OF QUALIFIED NON-CITIZENS

This section shall apply to qualified non-citizens who entered the country on or after August 22, 1996.

A. If a client is a sponsored qualified non-citizen, he or she shall be responsible for the provision of any information and documentation related to the sponsor(s) and shall obtain cooperation from the sponsor(s) necessary to determine:

1. The identity and current address and contact information of the sponsor(s);

2. The relationship of the sponsor(s) to the qualified non-citizen;

3. Income and resources of the sponsor(s), which may be deemed available to the qualified non-citizen or recovered for repayment of grant payments paid to or on behalf of the qualified non-citizen.

B. It shall be presumed that an affidavit of support demonstrates the sponsor's ability to make income and resources available to a non-citizen whom he or she sponsors at a minimum of one hundred twenty-five percent (125%) of the Federal Poverty Guidelines, as defined in 3.510. Sponsors are expected to meet their financial commitments to the qualified non-citizen whom they sponsor and for whom they signed an affidavit of support until such time as the:

1. Qualified non-citizen has obtained U.S. citizenship;

2. Qualified non-citizen has worked, or can be credited with forty (40) qualifying quarters of coverage under Title II of the Federal Social Security Act, 42 U.S.C. Section 413 (2018);

3. Qualified non-citizen leaves the United States and gives up lawful permanent resident status;

4. Qualified non-citizen dies;

5. Sponsor of the qualified non-citizen dies. The death of one sponsor does not terminate the support obligation of a joint sponsor. The sponsor's estate shall be required to repay public benefits; or

6. Qualified non-citizen becomes subject to removal proceedings, but he or she applies for and obtains a new grant of admission status in those proceedings based on a new affidavit of support, if one is required.

C. Income and resources of the sponsor(s) shall be deemed to the client, as follows:

1. Sponsor deeming shall not apply to qualified non-citizens admitted as refugees or as political asylees. A non-citizen whose status as a political asylee or refugee has not yet been determined or finalized because his or her application to become a qualified noncitizen is in a pending status or for some other reason shall not be considered a qualified non-citizen admitted as a political asylee or refugee, and therefore, such non-citizen is not eligible to receive grant payments.

2. Sponsors who signed sponsorship agreements prior to December 19, 1997, shall not be subject to resource and income deeming.

3. Effective December 19, 1997 through December 31, 2013, sponsor deeming shall apply only to the qualified non-citizen's spouse and/or non-relative sponsor(s) identified in sponsorship agreements signed on or after December 19, 1997.

a. A relative is defined as any relation by blood, adoption, or marriage.

b. Kinship relations by marriage continue to exist even if the marriage is terminated by death or divorce.

4. Effective January 1, 2014, sponsor deeming shall apply to all of the qualified non-citizen's sponsors identified in sponsorship agreements signed on or after December 19, 1997, no matter the sponsor's relationship to the client.

5. Because the sponsor, not the non-citizen, is solely liable for repayment, the sponsor cannot use the sponsored non-citizen's grant payments to repay the payments.

D. If the qualified non-citizen fails to provide information related to the sponsor(s), as outlined in Section 3.520.69.A, assistance shall be denied or discontinued following the policies outlined in Section 3.554.

If it is determined that the client received Adult Financial program grant payments because the client failed to provide necessary information related to the sponsor(s) or the sponsor(s) failed to cooperate with the county department in determining income and resources that are required to be deemed to the client, the county department shall recover such funds, as outlined in Section 3.520.69.C.

E. Income and resources shall be deemed as outlined in Sections 3.534, 3.520.69.B, and 3.520.72.

3.520.7FINANCIAL ELIGIBILITY REQUIREMENTS

3.520.71FINANCIAL ELIGIBILITY REQUIREMENTS

A. To receive Adult Financial program assistance, the client shall meet all financial requirements in addition to all other program eligibility requirements. The client shall:

1. Have countable resources below the resource limit as outlined in Section 3.520.72; and,

2. Have income below the income limit, as outlined in Section 3.520.78; and,

3. Make reasonable attempts to pursue all available potential income and resources at the client's disposal.

B. The AND-SO client shall apply for Supplemental Security Income (SSI) benefits. If the client has work hours during his or her lifetime, the client shall also apply for Social Security Disability Insurance (SSDI). The client shall report any denial for SSI benefits. The client shall appeal all negative decisions regarding their SSI eligibility. Failure to appeal all negative decisions within thirty (30) calendar days of such decision, unless additional time is given for good cause, shall result in denial or discontinuation of and grant payments.

If the client is approved for SSI and SSDI benefits at the same time and is given the choice between the two (2) benefit options, he or she must contact the county department to determine if any interim assistance he or she received from the county is required to be repaid. If repayment is required, the client shall be advised that he or she must accept the SSI benefits and that if he or she voluntarily withdraws his or her SSI application, withdrawal would violate the Authorization for Reimbursement of Interim Assistance, as outlined in Section 3.545.

For OAP, the client shall apply for and accept Social Security and/or SSI benefits if determined eligible, as follows:

1. Clients sixty (60) years of age and older who report a disability may be eligible for SSI or SSDI.

2. Clients sixty (60) years of age and older may be eligible for Social Security survivor benefits.

3. Clients sixty-two (62) years of age and older may be eligible for early Social Security retirement benefits; otherwise the client shall provide documentation from the SSA that he or she is ineligible due to insufficient work hours.

4. Clients sixty-five (65) years of age and older may be eligible for SSI benefits when the client's income from any source is less than the SSI benefit standard, as defined in Section 3.510, plus $20.00.

C. For all Adult Financial programs other than AND-SO, clients referred to the SSA to apply for any SSA related benefit shall be required to provide verification of application for such benefits within eleven (11) calendar days of his or her application for SSA benefits.

For AND-SO, clients referred to the SSA to apply for any SSA related benefit shall be required to provide verification of application for such benefits within sixty (60) calendar days from the initial interview date with the county department. The client will have up to sixty days of conditional approval from the date of the initial interview with the county department for AND-SO. Subsequent applications for AND-SO submitted by the client shall not be approved prior to receipt of proof of application for SSA benefits. Subsequent applications for AND-SO require verification of application for SSA benefits within thirty (30) calendar days.

D. For OAP, if the client has or is eligible to obtain a SSN they shall apply for SSI, unless the client is a non-citizen or qualified non-citizen that does not qualify to receive a SSN. A client with a SSN and shall timely schedule and complete any and all scheduled interviews with the SSA, and in the event of a denial by SSA, the OAP client shall continue to appeal all negative decisions from the SSA until a final resolution is reached and no further right to appeal exists. However, the requirement to continue to appeal all negative decisions may be excused if any of the following apply:

1. The client's and the client's spouse's gross income exceeds the maximum allowed for SSI for an individual or a couple; or,

2. The client's and the client's spouse's total resources exceed that allowed for SSI for an individual or a couple; or,

3. The client is not disabled as defined in Section 3.541; or,

4. As otherwise directed by the SSA; or,

5. Good cause exists as defined in Section 3.510.

E. Clients newly approved for SSI benefits who have been charged an in-kind support and maintenance (ISM) deduction by the SSA shall apply to SSA to remove the ISM as soon as the client begins paying his or her fair share for shelter costs. The county department shall deduct an identical ISM amount for Adult Financial programs until the SSA ISM is removed.

F. The client shall apply for and accept TANF/Colorado Works when he or she might be eligible, as follows:

1. An Adult Financial program client with a dependent child is required to apply for and accept, if eligible, TANF/Colorado Works financial benefits.

a. A grandparent or any other specified caretaker who is not a parent is not required to be a member of the TANF/Colorado Works case when they are not requesting assistance for himself or herself.

b. A TANF/Colorado Works client is not required to apply for an extension to be potentially eligible for Adult Financial program grant payments.

c. The TANF/Colorado Works funds received for the support of a child are not used in determining the specified caretaker's eligibility for Adult Financial program grant payments.

2. The client shall be ineligible for Adult Financial program grant payments if his or her TANF/Colorado Works case was denied or discontinued:

a. Due to a sanction, demonstrable evidence, or disqualification; or,

b. Because the client withdrew from the program prior to exhausting all benefits.

3. After becoming ineligible due to the reasons outlined in Section 3.520.71.f.2, above, the ineligibility period shall continue until the sanction, demonstrable evidence, or disqualification is removed; or until the client is found otherwise ineligible for TANF/Colorado Works benefits.

G. The client or legal fiduciary shall take reasonable steps to apply for and accept any other income for which the client is eligible. Clients referred to pursue other income shall be required to provide verification of application for or pursuit of such income. Grant payments shall not be approved prior to receipt of proof of application or pursuit of other income, unless it is demonstrated that good cause exists.

1. If the client or legal fiduciary refuses or fails to make a reasonable effort to secure potential income, such income shall be considered as if available to the client, and timely notice shall be given regarding a proposed action to deny, reduce, or terminate assistance.

2. If the client or legal fiduciary secures the potential income prior to the effective action date identified in the notice, the proposed action to deny, reduce, or terminate assistance shall be withdrawn by the county, and the case shall be updated. Grant payments may still be denied, reduced, or discontinued due to a change in income.

H. The client or legal fiduciary shall take reasonable steps to obtain and accept any other potential resources for which the client is eligible. Clients referred to pursue other resources shall be required to provide verification of the pursuit of such resource. Grant payments shall not be approved prior to verification of the attempt to sell, liquidate, or legally acquire a resource, unless the client demonstrates that good cause exists.

1. If the client or legal fiduciary refuses or fails to make a reasonable effort to secure potential resource(s), such resource(s) shall be considered as if available to the client, and timely notice shall be given regarding a proposed action to deny, reduce, or terminate assistance.

2. If the client or legal fiduciary secures the potential resource(s) prior to the effective action date identified in the notice, the proposed action to deny, reduce, or terminate assistance shall be withdrawn by the county, and the case shall be updated. Grant payments may still be denied, reduced, or discontinued due to a change in resource(s).

3.520.72RESOURCES

A. Unless otherwise specified, a resource is countable, and together with all other countable resources of the client, spouse, and sponsor(s) shall be considered against the resource limit. The resource limit is:

1. $2,000 for:

a. An unmarried client;

b. An unmarried sponsor; and,

c. A married sponsor whose spouse is a co-sponsor. Each sponsor shall receive the $2,000 resource limit for a combined resource limit of $4,000.

2. $3,000 for:

a. A married client; or,

b. A married sponsor whose spouse is not a co-sponsor.

B. Countable assets include, but are not limited to:

1. Cash on hand, a savings or checking account, or other accessible electronic currency and/or cryptocurrency.

2. Equity value of real property that is not used as the primary home or not exempt as income producing.

3. Proceeds from the sale of the primary home that are in excess of the cost of expenses incurred to purchase or build a replacement home.

4. Personal property or the proceeds from the sale of personal property, such as mobile homes or recreational vehicles not used as the primary home and not exempt as income producing.

5. Personal property or the proceeds from the sale of personal property, such as motor vehicles, recreational off road vehicles, boats, trailers, or similar that are not exempt per Section 3.520.77 or exempt as income producing.

6. Stocks, bonds, mutual fund shares, 401Ks, 457Ks, IRAs, Certificates of Deposit (CDs), and other retirement or investment accounts and investment vehicles.

7. Mortgages, promissory notes, and similar properties that can be converted to cash.

8. Cash surrender value of all life insurance policies as outlined in Section 3.520.75.

9. Prepaid revocable funeral or burial expense contracts or trust deposits, as outlined in Section 3.520.77.G-H.

10. The value of the burial space in excess of that required to meet the burial needs of the immediate family, as outlined in Section 3.520.77.I.

11. Proceeds of fire or casualty insurance payments that were in excess of the expenses incurred to repair or replace the damaged, lost, or stolen property.

12. Proceeds of a loan when those proceeds were not expended to meet the purpose of the loan or proceeds of a loan with no bona fide debt repayment schedule.

13. The estate and all resources identified in the estate inventory for a client adjudicated incapacitated by a court.

14. Trusts, both revocable and irrevocable, will be countable as resources or income according to the guidelines of SSA, except as prohibited by Section 15-14-412.5, C.R.S., et seq. and is consistent with the provisions of Federal Guidelines found in the SSA Programs Operations Manual System (POMS) at SI CHI01120.201 (effective as of June 29, 2009) and SI 01120.200 (effective as of June 7, 2018), which are herein incorporated by reference. This rule does not contain any later amendments or editions. These guidelines are available for no cost at

https://secure.ssa.gov/apps10/poms.nsf/home?readform. These guidelines are also available for public inspection and copying at the Colorado Department of Human Services, Director of the Employment and Benefits Division, 1575 Sherman Street, Denver, Colorado, 80203, or at any State publications library during regular business hours.

a. When all or a portion of the corpus of a trust, cannot be paid to or for the benefit of the client, the portion that cannot be paid is considered a transfer of resources for less than fair market value and a penalty shall be assessed as outlined in Section 3.520.76.D.

b. Refusal of a trustee to make payments to or for the benefit of the client does not exempt the trust from being a countable asset and the full amount of the trust shall be considered available as a resource to the client.

c. If a client places an exempt resource in a trust the resource exemption may still apply to that resource.

C. If it is determined that a married couple is legally separated as identified in Section 3.520.63, sole ownership of property by the non-recipient spouse does not affect the client's eligibility for assistance.

D. The county department shall obtain verification of all resources and associated values.

1. The county department shall include case notes describing verification documentation in the statewide automated system.

2. Original copies of verification documents shall be returned to the client.

3. The client's authorization on the application or redetermination form shall be obtained to contact a collateral contact for valuation information or verification.

E. A sponsor(s)'s resources are only counted toward the non-citizen client they sponsor. Resources are attributed to the sponsor in the same manner as the non-citizen client, as outlined in Section 3.520.7. All countable resources over the sponsor(s) resource limit, as outlined in Section 3.520.72.A, are then deemed to the non-citizen client. The deemed amount from the client's sponsor(s) is then added to the non-citizen client's countable resources and compared to the non-citizen client's resource limit, as outlined in Section 3.520.72.A.

F. If a client is approved for Supplemental Security Income (SSI) as verified through the SVES interface, there shall be no additional requirement to verify resources at application, unless the resources reported are questionable.

1. If the county department has obtained or received information related to resources that is contrary to the SVES interface, the county department shall independently verify the information; and,

2. The county department shall forward such contrary information to the local SSA office.

3.520.73LIQUID ASSETS

A. Checking and savings accounts or other accessible electronic deposits:

1. The current amount in a savings or checking account or other accessible electronic deposits is determined by verifying ownership and the available balance:

a. From a copy of a current statement of the account; or,

b. With the financial institution online, by phone, or in writing.

2. The balance in a joint account shall be considered available to the client in proportion to the number of persons on the account.

a. If the co-owner of the joint account is the client's legal fiduciary, such as a guardian, conservator, or power of attorney, the account shall be considered to be 100% owned by the client and all funds in the account shall be considered available to the client.

b. If the client establishes by a preponderance of evidence that the intent of ownership is other than the client's equal and proportionate share of the account balance, the county department shall apply the prudent person principle to the evidence to determine the amount to be considered available to the client.

c. In cases where the client has no interest in the account, the county department shall request a change in the account designation removing the client's name, and submit the original and revised account records showing the change was made.

B. A county department may selectively contact one or more financial institutions to establish whether a client has any account at the institution or has an account in addition to one declared. The client's signature on the application provides authorization to make such contacts.

3.520.74REAL PROPERTY AND PERSONAL PROPERTY

3.520.741REAL PROPERTY

A. In order for real property to be considered a resource, the following shall be determined:

1. The actual value less encumbrances of the ownership interest:

a. Actual value of real property may be obtained by using the actual value reported by a county assessor or from the most recent property assessment notice.

b. The assessed value shall be verified from a copy of the most recent property assessment notice or with the county assessor's office on the Internet, by phone, personal contact, or in writing.

c. Encumbrances include mortgages, liens, judgments, delinquent taxes, loan agreements, and other forms of indebtedness. Encumbrances shall be verified by such methods as collateral contact, county recorder records, bank records, and other credible sources. Only direct and documented encumbrances against a specific item or property shall be considered in determining its equity value. Verbal agreements of indebtedness shall not be accepted.

2. The negotiability of the ownership interest (that is, there are no legal restrictions from selling the client's property interest); and,

3. The ability to sell the property interest (that is, that the ownership interest can, in fact, be sold on the open market at any price).

B. The degree of the ownership interest is determined by the type of ownership. Generally, the types of ownership are:

1. Sole ownership, in which the client, the client's spouse, or sponsor(s) is the only owner. if the client, spouse, or sponsor(s) has the right to dispose of the property, the actual value less encumbrances of the property is determined and counted as a resource;

2. Shared ownership, in which the property is owned by the client, spouse, or sponsor(s) and one or more individuals. The actual value less encumbrances is determined and charged in proportion to the client, client's spouse, or sponsor(s)'s share of ownership. There are two kinds of shared ownership:

a. Joint ownership or ownership in common, in which the property's actual value less encumbrances is divided equally among the owners; and,

b. Tenancy in common, in which the property's actual value less encumbrances is divided by the number of owners in proportion to their stated interest (which may not necessarily be equal).

C. Negotiability and, if applicable, the ability to sell the property interest at a reasonable price must be determined. Negotiability refers to the client, client's spouse, or sponsor(s)'s legal right to dispose of an ownership interest; ability to sell refers to the client, client's spouse. or sponsor(s) legal ability to sell. Reasonable price is determined to be two-thirds of the actual value.

1. Negotiability - there may be legal reasons why a client, client's spouse, or sponsor(s) may not be able to sell the property interest, such as when the estate is in probate or there is a lawsuit pending against the property. The refusal of co-owners to consent to the sale of a property interest is not a legal restriction of the client, client's spouse, or sponsor(s)'s right to sell.

2. If the co-owner of the property uses the property as the principal place of residence and sale of the property would cause undue hardship, the client, client's spouse, or sponsor(s)'s equity in the property shall be exempted, unless the co-owner is the spouse or sponsor(s). Undue hardship for this purpose is defined as:

a. The co-owner uses the property as his or her primary residence; and,

b. The co-owner would have to move as a result of the sale of the property; and,

c. The co-owner has no other available housing, including relatives or income to rent at fair market value; and,

d. The co-owner documents, in writing, his or her undue hardship allegations; and,

e. Using prudent person principle, the county department determines the undue hardship allegations to be reasonable.

3. If the client, client's spouse or sponsor(s) cannot sell the property for two-thirds of the actual value, the property shall be exempted provided there continues to be reasonable efforts to sell the property such as listing the property with an agency or by advertising in the local media.

a. The county department shall verify on a quarterly basis that a reasonable effort is being made to sell the property.

b. The property shall not be exempted if the county department, using prudent person principle, determines the client, client's spouse, or sponsor(s) is not making a reasonable effort to sell.

c. If the client, client's spouse, or sponsor(s) rejects an offer to purchase the property that is at least two-thirds the actual value of the property, the entire equity value of the property shall be considered a countable resource.

4. If the property interest cannot be disposed of because of legal technicalities, the client, client's spouse, or sponsor(s)'s equity value is not a countable resource. The county department shall verify any limitations that prevent the disposition of the property and document those limitations in the statewide automated system case comments.

3.520.742PERSONAL PROPERTY

A. The actual value of any personal property which is assessed for taxation, such as a mobile home, house trailer, or property used in a trade or business, is determined by using the actual value reported by a county assessor or by obtaining a copy of the most recent property assessment notice. If the actual value is not on the assessment notice, the value may be determined by:

1. Verifying the actual valuation from a copy of the most recent property assessment notice or with the county assessor's office on the Internet, by phone, BY other personal contact, or in writing; or,

2. When personal property valuation is necessary, and the usual means of valuation is not possible, the county department shall use available local resources or the classified ad section of the local or other State newspaper or the Internet to determine and verify the actual value.

3. To determine the equity value of personal property, first determine the actual value; then subtract encumbrances.

B. The actual value of any personal property which is not assessed for taxation is determined by obtaining the appraised value less liabilities, i.e., vehicles, farm equipment and livestock or inventories of merchandise and materials, such as art, jewelry or valuable collections, as appraised by a verifiable, industry recognized source.

1. The actual value of automobiles and trucks is determined by using the trade-in fair condition value as provided by an auto valuation company, such as Kelly Blue Book or NADA guides. Unless questionable, it shall be presumed that the value of the vehicle is four hundred dollars ($400) when the information is not found in Kelly Blue Book or Nada guides.

2. For personal property which has not been assessed for taxation, the client shall submit verification of the appraised value based on written statements received from the following:

a. Assessment standards obtained from the State or county assessor's office; or,

b. Valuation obtained from a local merchant, the Internet or other reliable source.

C. The fair market value of stocks, mutual fund shares, municipal, corporate or government bonds, and other securities is based on the price as of the opening of the market on the date their value is determined by the county department. The market price is obtained from the published quotations on the Internet or by contacting a local securities firm.

1. The value of stocks traded over-the-counter is expressed on a "bid" and "asked" basis. In such cases, the bid price is used to determine the market value.

2. When stocks or other securities have no locally determinable value, the market value is requested from the issuing company. The Office of the Secretary of State in each state will supply the address of the issuing company and information as to whether the stock is still on the market.

D. The current cash value of U.S. Savings Bonds, Treasury Notes, and similar investment vehicles is determined from the value tables appearing on the bonds themselves, through the online Treasury Direct System, or by contacting a financial institution.

E. Personal property may be exempted if the client, client's spouse, or sponsor(s) has made an attempt to sell and has been unable to do so.

1. Failure to sell personal property at the asking price or for a reasonable value shall not exempt the resource from the client's countable resources. Under such circumstances, the county department shall determine whether the property could be sold for two-thirds of the actual value.

2. If the client, client's spouse, or sponsor(s) receives an offer for at least two-thirds of the actual value and refuses to sell the property, the property shall not be exempted.

3. If the client, client's spouse, or sponsor(s) cannot sell the property for two-thirds of the actual value, the property shall be exempted provided there continues to be reasonable efforts to sell the property, such as by listing the property with an agency or by advertising in the local media.

a. The county department shall verify on a quarterly basis that a reasonable effort is being made to sell the property.

b. The property shall not be exempted if the county department, using prudent person principle, determines the client, client's spouse, or sponsor(s) is not making a reasonable effort to sell.

c. If the client, client's spouse, or sponsor(s) rejects an offer to purchase the property that is at least two-thirds the actual value of the property, the entire equity value of the property shall be considered a countable resource.

F. The equity value of mining claims and oil, mineral or water rights, if assessed separately from land, is determined by using the equity value established by the current market value.

G. The client, client's spouse, or sponsor(s) shall have the right to submit evidence establishing a lesser property value. Such value may be established as zero. The county department shall evaluate the evidence and determine the property value.

3.520.75LIFE INSURANCE

A. Life insurance policies owned by the client, client's spouse, or sponsor(s) that have a cash surrender value available (CSV) must be evaluated for THE original face value at the time of purchase and for the current CSV.

B. Term life insurance policies should be reviewed to determine if a CSV exists.

C. The county department shall obtain the most recent documentation related to the policies, to include active status, liens or encumbrances, current CSV, and annual dividend statements.

D. If the total face value of all life insurance policies owned by a client and his or her spouse is equal to $1,500 or less, the full CSV of all policies is exempt. Sponsor(s) are allowed the same exemption.

E. For OAP only, if the total face value of all life insurance policies owned by a client and his or her spouse is equal to more than $1,500 and the CSV of all policies combined is $250,000 or less, then the following applies:

1. If all policies were purchased more than forty-eight (48) months prior to the eligibility determination date, and no further contributions or payments to the policies have been made in the past 48 months, all CSV is exempt; or,

2. If there have been additional monies contributed or payments made to any of the policies within 48 months of the eligibility determination date, those additional monies contributed are counted toward the resource limit; the original cash value amount prior to the 48 month period remains exempt; or,

3. If any of the policies were purchased within the 48 months prior to eligibility determination date, the total CSV is a countable resource; and,

4. Sponsor(s) are allowed the same exemptions.

F. For OAP only, if the total face value of all life insurance policies owned by a client and his or her spouse is equal to more than $1,500 and CSV of all policies combined is more than $250,000, then the following applies:

1. If all policies were purchased more than 48 months prior to eligibility determination date, and no further contributions or payments to the policies have been made in the past 48 months, the CSV over $250,000 is countable; the first $250,000 is exempt; or,

2. If there have been additional monies contributed or payments made to any of the policies within 48 months of eligibility determination date, those additional monies contributed are counted toward the resource limit and the CSV over $250,000 is countable; the original cash value amount prior to the 48 month period remains exempt; or,

3. If any of the policies were purchased within the 48 months prior to eligibility determination date, the total CSV is a countable resource; and,

4. Sponsor(s) are allowed the same exemptions.

G. The original face value of a policy may be increased because of dividends and reinvestment of dividends. This increased face value shall not be used to determine eligibility. The original face value of the policy shall be used to determine whether the CSV of the policy is exempt.

H. Use the following chart to estimate a life insurance policy's CSV if not available from the client, client's spouse, or sponsor(s):

YEARS LIFE INSURANCE POLICY HAS BEEN IN EFFECT	ESTIMATED CSV IS THIS PERCENTAGE OF FACE VALUE:
20 OR MORE	60%
15-19	50%
11-14	45%
6-10	30%
4-5	20%
3	10%
2	5%
1	0%

3.520.76TRANSFERS WITHOUT FAIR CONSIDERATION (TWFC)

A. Transfers of resource ownership may occur through transactions such as sale of property; trade or exchange of one property for another; spend-down of cash; giving away cash; transferring any financial instrument (e.g., stocks, bonds); or, giving away property (including adding another person's name as an owner of the property). A transfer of a resource shall be considered a TWFC if the transfer was:

1. Voluntary; and,

2. Without fair and valuable consideration, and,

3. Made within thirty-six (36) months prior to the application date or while receiving Adult Financial program grant payments; and,

4. For the purpose of rendering the client eligible for assistance. The county will evaluate evidence provided by the client to determine if the transfer of resources was exclusively for a purpose other than to qualify for benefits.

a. The county department shall make a rebuttable presumption that the transaction was made for the purpose of becoming or remaining eligible for Adult Financial program benefits when the transfer was made any time during the thirty-six (36) month period immediately prior to the filing of application for assistance or during such time that assistance was being received.

b. A client shall be given the opportunity to disprove the presumption. The presumption shall be nullified if the client can demonstrate with evidence to the county department that the transfer was for another purpose.

1) The client's primary purpose cannot be to acquire money or profit from the transaction; and,

2) The client shall provide written documentation of any agreement made in relation to the transfer of property, that was created at the time of the agreement to transfer property; and,

3) The county department shall weigh the evidence and use the prudent person principle to determine whether there is sufficient evidence to disprove the presumption.

B. Circumstances at the time of the transaction may indicate a reasonable rationale for a client's willingness to accept a sum which is less than a fair consideration based on a hardship just prior to the transaction. Hardships include:

1. A period of unemployment resulting in an inability to meet monthly bills, and costs of subsistence; or,

2. An accident or severe illness resulting in a need of funds to meet large expenditures for medical care and services; or,

3. Other hardship deemed reasonable by the county department using the prudent person principle.

C. A documented involuntary transfer of a resource shall not affect eligibility. Transfers that would be considered involuntary are:

1. Loss of property through fraud, provided that the client can demonstrate that every reasonable effort has been made to recover the property by court action or other procedures as indicated; or,

2. Loss of property through legal action such as judgment, foreclosure, delinquent tax sale; or,

3. Other involuntary transfer identified and determined reasonable by the county department using the prudent person principle.

D. The county department shall determine the eligibility penalty as a result of a TWFC as follows:

1. Determine the actual value of the resource less encumbrances and subtract the amount the client received for the resource from the determined actual value. This is the uncompensated value.

2. Determine the current Adult Financial Program grant standard. This is the TWFC monthly penalty value.

3. Divide the uncompensated value by the TWFC monthly penalty value and round down to the nearest whole number.

4. This equals the number of months of ineligibility for Adult Financial Program grant payments.

5. The penalty period begins the month following the date of transfer. If there are multiple transfers, the period of ineligibility would begin the month following the end date of the first transfer's period of ineligibility.

6. If the client transfers a resource and the entire resource is returned in the same month, the period of ineligibility does not apply.

a. If the client transfers a resource and the entire resource is returned in a subsequent month, the period of ineligibility continues through the month the resource is returned (even if the resource is returned on the first day of the month). The period of ineligibility due to the transfer ends as of the month following the month the resource is returned. In that month, the returned resource is counted towards the client's resource limit.

b. If the entire resource is not returned, the period of ineligibility does not end. Instead, recompute the uncompensated value based on how much of the resource was not returned. Then, recompute the period of ineligibility based on the adjusted uncompensated value. If additional funds are subsequently returned, it will be necessary to recompute the uncompensated value again.

E. A period of ineligibility can be from 1 month up to a maximum of 36 months depending on the amount of the uncompensated value for each resource transferred. A period of ineligibility cannot exceed 36 months regardless of the uncompensated value of the transfer. Months in the period of ineligibility can coincide with months of ineligibility for other reasons.

3.520.77EXEMPT RESOURCES

Resources that shall be exempt and not counted toward the resource limit for an individual or married couple include:

A. One vehicle regardless of its value, if it is used for the transportation of the client or a member of the household.

B. Household goods and personal effects found in or on the primary residence, that the client uses on a regular basis. The client needs household goods for maintenance, use, and occupancy of the premises as a home. This also includes personal effects which are ordinarily worn or carried by the client, or items that have an intimate relation to the client. This does not include effects that the client holds because of the value or as an investment, which are countable as personal property as outlined in Section 3.520.742.

C. A home in which a client and his or her spouse have an ownership interest and that serves as the client's principal place of residence. This property includes the shelter in which the client resides, the land on which the residence is located, and related outbuildings.

1. The home is not a countable resource regardless of its value. However, when there is an income producing property located on or adjacent to the home property, the income producing resource shall not qualify under the home exemption unless assessed collectively with the principal home.

2. When a client or his or her spouse requires long-term medical care that is outside the client's county of residence, the home continues to be exempt so long as there is intent for the client and/or spouse to return to the home at the conclusion of medical treatment.

3. When a client requires care in a long-term care facility, the home continues to be exempt so long as there is intent for the client to return to the home.

a. This intent to return home applies to the home in which the client or spouse was living prior to being admitted to the facility or to the replacement home. Such intent is documented by the following:

1) A written statement from the client indicating the intent to return home for any reason; or,

2) A written statement from the client's spouse, legal fiduciary, doctor, or authorized representative indicating the client's intent to return home.

b. An arrangement by the client for occupancy of the home by another person, either on a rental basis, rent free, or in exchange for home maintenance, during a period of temporary absence shall not affect the home property exemption.

4. The home of an OAP-C client, as defined in Section 3.530.1, shall be exempt as a resource during the period of commitment.

5. If a client's home can no longer be excluded due to a change in his or her principal place of residence, the equity value of the property shall count as a resource.

D. Part or all of the value of property may be exempt if it is essential to the self-support of the client. To determine whether property is producing income or being used in a trade or business, the county department shall obtain a copy of the most recent tax returns from the client. If a return has not yet been filed, obtain a current estimate of income and a copy of the previous year's return. Property used for self-support activities include:

1. Property used in self-employment.

a. To be considered a valid trade or business as self-employment, the activity shall be:

1) Currently ongoing rather than in the stage of preparation or inactivity; and,

2) Intended to make a profit.

b. The liquid resources (e.g., cash, funds in a checking account) considered necessary for use in the trade or business shall be excluded.

c. If property has been but is not currently in use, the exemption for such property shall continue for twelve (12) months if there is a reasonable expectation that the use of the property will resume within that time. The exemption is for twenty-four (24) months where non-use is due to a disabling condition.

2. Property owned by the client that is necessary to perform a job for wages, such as tools, safety equipment, or uniforms. If property has been but is not currently in use the exemption for such property shall continue for twelve (12) months if there is a reasonable expectation that the use of the property will resume within that time. The exemption is for twenty-four (24) months where non-use is due to a disabling condition.

3. Non-business property used to produce goods necessary for the client's daily activities.

a. A maximum of six thousand dollars ($6,000) of the equity value of such property shall be exempt as a resource. Any equity value in excess of $6,000 shall be a countable resource.

b. Examples of this type of property include land which is used to produce vegetables or livestock only for personal consumption in the client's household, and personal property necessary to perform that function (e.g., a garden tractor, a boat used for subsistence fishing), but do not include vehicles, boats used for leisure or recreation, or other special vehicles.

c. If property has been but is not currently in use, the exemption for such property shall continue for twelve (12) months if there is a reasonable expectation that the use of the property will resume within that time. The exemption period shall be twenty-four (24) months where nonuse is due to a disabling condition.

4. Non-business, income-producing property shall be exempt, but the income shall be countable.

a. If a client owns non-business, income-producing property, a maximum of six thousand dollars ($6,000) of the equity value of such property is an exempt resource, as long as the property produces a net annual income of at least six percent (6%) of the excluded equity. If the equity value of such income-producing, non-business property exceeds $6,000, only the equity value above $6,000 will be counted as a resource. If there is more than one potentially exempt property, the rate-of-return requirement applies individually to each. However, the total combined exemption for all such properties shall not exceed $6,000.

b. "Non-business" means that the property is not used in a trade or business as defined in Section 3.520.76. Non-business, income-producing property may include but is not limited to houses or apartments for rent and land other than home property.

c. If non-business, income-producing property is not producing net income of at least six percent (6%) of the excluded equity, the entire equity value is counted as a resource. However, the exemption for up to $6,000 of the property's equity may continue if the property is earning less than 6% due to circumstances beyond the client's control (e.g., crop failure, illness, etc.), and there is a reasonable expectation that, within twenty-four (24) months, the property will again produce a 6% return.

5. A permit, license, or other similar authority granted by a governmental agency to engage in an income-producing activity is not a countable resource.

E. Proceeds from fire or casualty insurance shall be considered exempt to the extent that they are used to restore or replace an exempt resource. This exemption shall be allowed for up to three (3) months for restoration or replacement of exempt personal property and six (6) months for restoration or replacement of exempt real property from the date the client receives such sums.

1. Establishing eligibility for the duration of the replacement exemption requires:

a. Obtaining appropriate documentation to verify the amount of proceeds and date they were received; and,

b. Obtaining the client's signed statement verifying that the proceeds will be used for restoration or replacement of exempt property.

2. The county department must contact the client upon the expiration of the allowable time period to verify that restoration or replacement has occurred. Restoration or replacement shall be considered to occur when payment for such is made or contracted in writing to be made.

3. When the allowable time period ends, proceeds in excess of payments made or contracted to be made must be counted as a resource in the month following the month in which the time period expired, unless good cause for an extension is determined by the county department using the prudent person principle.

F. Proceeds from sale of the home property, relocation payments, or condemnation awards from a governmental agency shall be considered exempt to the extent that they are used to purchase or build a replacement home. This exemption is allowed for up to six (6) months from the date the client receives such sums. Proceeds of a home sale are the net payments received by the seller after satisfaction of all actual encumbrances and sales expenses.

1. Establishing eligibility for and the duration of the replacement exemption requires:

a. Obtaining appropriate documentation to verify the amount of proceeds and date they were received; and,

b. Obtaining the client's signed statement verifying that the proceeds will be used for restoration or replacement of exempt property.

2. The client must be contacted upon the expiration of the allowable time period to verify that replacement has occurred. Replacement shall be considered to occur when payment for such is made or contracted in writing to be made.

3. When the allowable time period ends, proceeds in excess of payments made or contracted to be made must be counted as a resource in the month following the month in which the time period expired, unless good cause for an extension is determined by the county department using the prudent person principle.

G. Burial trusts are considered as follows:

1. For all trusts, the agreement does not have to be preexisting and need not have been purchased in Colorado.

2. An irrevocable burial trust cannot be terminated, sold, or transferred. An irrevocable burial trust plus any accrued interest is exempt if all of the following criteria are met:

a. The trust is made with a Federally insured bank or savings and loan association, or with a trust company under supervision of the State banking commissioner;

b. The trust is irrevocable during the lifetime of the client and is to be paid by the trustee only upon death of the client for the purpose of burial expense;

c. The trust provides for payment of the trust funds without limitation as to place of burial or provider of related services. In any case, however, the client is not precluded from indicating a preference as to place of burial or provider of related services; and

d. The trustor and the beneficiary of the trust cannot be one and the same. If he or she is both the trustor and the beneficiary, the value exceeding $1500 is a countable resource.

3. A revocable burial trust can be terminated, sold, or transferred. A revocable burial trust is exempt if the value of the trust does not exceed one thousand five hundred dollars ($1,500). Any interest on the exempt $1,500 is also exempt. Any amount over $1,500 is a countable resource.

H. Prepaid burial contracts are exempt if any of the following conditions are met:

1. The prepaid burial contract is irrevocable.

2. The prepaid burial contract is revocable and does not exceed one thousand five hundred dollars ($1,500). Any amount in excess of $1,500 shall be a countable resource.

a. Only the paid-up amount of the contract, not the face value, is taken into consideration;

b. Any interest on the exempt $1500 is also exempt.

I. The value of burial spaces required to meet the burial needs of the immediate family as well as brothers, sisters, and spouses of those persons, even if not living in the home. A burial space includes:

1. Burial plot;

2. Gravesite;

3. Crypt;

4. Mausoleum;

5. Casket;

6. Urn;

7. Niche;

8. Other repository customarily and traditionally used for the decedent's bodily remains;

9. Vaults;

10. Headstones, markers, or plaques;

11. Arrangements for the opening and closing of the gravesite; and,

12. Contracts for care and maintenance of the gravesite.

J. Any retroactive SSI or Social Security retirement or disability benefits still remaining after the month of receipt shall be exempt as a resource for nine months following the month they are received.

K. An income tax refund, including the Property Tax/Rent/Heat Credit (PTC) rebate, shall be exempt in the month received. Any remaining balance shall be counted as a resource after twelve (12) months.

L. Monies from a bona fide loan are exempt in the month received. Any remaining balance shall be counted as a resource in the following month(s).

M. Monies specifically placed in an Achieving a Better Life Experience (ABLE) Account, as described in the Achieving a Better Life Experience Act of 2014, 26 U.S.C. Section 529a (2018).

3.520.78TYPES OF INCOME

3.520.781INCOME

A. If a client's total countable income equals or exceeds the Adult Financial program grant standard, the client shall not be eligible for that specific Adult Financial program.

B. Income eligibility determination utilizes four types of income:

1. Earned income;

2. In-kind earned income;

3. Unearned income; and,

4. In-kind unearned income.

C. Certain income shall be exempt and shall not be considered as countable income, in part or in whole, as outlined in Section 3.520.786.

D. Certain income shall have deductions, herein termed as income "disregards," applied before determining total countable income as outlined in Sections 3.533, 3.544, or 3.549.

E. Certain income shall be deemed from the client's spouse, parent, and/or sponsor to determine the client's total countable income as outlined in Sections 3.534, 3.544 or 3.549.

F. The total countable income of the client shall be deducted from the AND or OAP grant standard to determine the grant payment amount.

G. All income shall be countable in the month it is actually received or legally becomes available, whichever comes first, with the following exceptions:

1. Income that can be anticipated with reasonable certainty concerning the amount and the month it is expected to be received shall be counted in the month anticipated.

2. The anticipated monthly income shall be based on the income received in the previous month, except when the previous month does not provide an accurate indication of anticipated income, or under other circumstances as specified below:

a. For new or changed income, a period shorter than a month may be used to project a monthly amount;

b. For contract employment, such as in some school systems, where the employees derive their annual income in a period shorter than a year, the income shall be prorated over the term of the contract, provided that the income from the contract is not earned on an hourly or piecework basis;

c. For regularly received self-employment income, net earnings will usually be prorated and counted as received in a three (3) month period, except for farm income. For further information see Section 3.520.783.

d. For all other cases where receipt of income is reasonably certain but the monthly amount is expected to fluctuate, a period of twelve (12) months shall be used to arrive at an average monthly amount;

e. Income from rental property shall be considered self-employment income provided the client actively manages the property at least an average of twenty (20) hours per week.

1) Income from rental property shall be considered unearned income if the client is not actively managing the property an average of at least 20 hours per week.

2) Rental income, as self-employment or as unearned income, shall be averaged over a twelve month period to determine monthly income.

3) Income from jointly owned property must be considered as a percentage at least equal to the percentage of ownership or, if receiving more than percentage of ownership, the actual amount received.

f. For cases where a change in the monthly income amount can be anticipated with reasonable certainty, such as with Social Security cost of living adjustments (COLA), or other similar benefit increases, the expected amount shall be considered in determining a countable monthly income for the month received.

3.520.782EARNED INCOME

A. Earned income is gross monetary wages received for services performed as an employee or as profit from self-employment.

B. In-kind earned income is non-monetary benefits received for services performed as an employee or as self-employment profit, such as shelter as payment for building maintenance or babysitting or other barter goods in exchange for services.

1. In-kind income received in exchange for employment is employment income and shall have the appropriate earned income disregards applied to the total value of the income.

2. The amount considered as earned income when the client, client's spouse, or sponsor(s) is paid in-kind shall be the value of the item supplied. The current market value of the item is used if the value of the item is not provided.

3.520.783SELF-EMPLOYMENT INCOME

A. An individual involved in a profit making activity shall be classified as self-employed.

B. To determine the net profit of a self-employed client, client's spouse, or sponsor(s), deduct the cost of doing business from the gross income.

1. Cost of doing business expenses include, but are not limited to, the rent of business premises, wholesale cost of merchandise, utilities, interest, taxes, labor, and upkeep of necessary equipment.

2. Depreciation of equipment shall not be considered as a business expense.

3. The cost of and payments on the principal of loans for capital assets or durable goods shall not be considered as a business expense.

4. Personal expenses such as personal income tax payments, meals, and transportation to and from work are not business expenses.

C. Some types of self-employment income shall be calculated using a method specific to the type of self-employment, as follows:

1. Farm income shall be considered on a yearly basis. Net income for the prior year shall be determined and averaged for the succeeding year and counted as earned income. When a client, client's spouse, or sponsor(s) ceases to farm, the income is no longer deducted from the grant standard.

2. Rental income shall be considered as follows:

a. When the client, client's spouse, or sponsor(s) actively manages a self-owned rental property at least twenty (20) hours a week, treat rental income as self-employment income. Average the rental income over a twelve (12) month period to determine monthly earned income.

b. Board (to provide a person with regular meals only) payments to the client, client's spouse, or sponsor(s) shall be considered earned income in the month received. For each boarder, calculate documentable expenses directly related to provision of board. Subtract the result from the board payment to determine the countable earned income.

c. Room (to provide a person with lodging only) payments to the client, client's spouse, or sponsor(s) shall be considered earned income in the month received. For each boarder calculate the documentable expenses directly related to the provision of the room. Subtract the result from the room payment to determine the countable earned income.

d. Room and board (to provide a person regular meals and lodging) payments shall be considered earned income in the month received. For each boarder, calculate the documentable expenses directly related to the provision of room and board. Subtract the result from the room and board payment to determine the countable earned income.

3. Appropriate allowances for cost of doing business for a client, client's spouse, or sponsor(s) who is/are a licensed child care provider are:

a. For the first child for whom day care is provided, deduct $55; and,

b. For each additional child deduct $22.

c. Subtract the total allowances from the documented expenses to determine the earned income.

d. If the client, client's spouse, or sponsor(s) can document a cost of doing business that is greater than the amounts above, the procedure, described in Section 3.520.783.B, shall be used to calculate earned income.

D. The net profit amount, secured after the appropriate deductions, is earned income.

E. Self-employment verification may consist of tax documents, self-employment ledgers, receipts, or other documents used for verifying and documenting the self-employment income and expenses. If, at the time of the county department's eligibility determination, a client is recently self-employed or does not have adequate documentation of the self-employment income and expenses, the county department shall use the best information available to determine the monthly income. The client shall be encouraged to keep records of income and expenses for subsequent certifications. No specific verification shall be required and the documentation provided by the client shall be accepted unless questionable.

F. All self-employment income shall be considered income in the month received. If receipt of self-employment income is irregular, it shall be averaged over a twelve-month period. The twelvemonth period can either be the previous tax year (January to December) or the most recent twelve-months prior to the application date.

3.520.784DONATED WORK HOURS AND VOLUNTEERISM

A. Work hours or personal services, for which monetary compensation is not realized, provided to a business, to a person who is self-employed, or to any other person or business in need of a regular, temporary, or non-traditional employee, such as a seasonal worker, shall be considered countable earned income when the work:

1. Is regular and scheduled; and,

2. Is a necessary service; and,

3. If not performed by the client, client's spouse, or sponsor(s) someone would have to be hired to perform the work; and,

4. Is greater than five (5) hours per week.

B. If donated work hours or personal services meet these requirements, the value of these hours is determined by:

1. The going rate in the community for similar work; or,

2. The current minimum wage standard, whichever is greater.

C. Volunteerism for the betterment of the community less than an average of thirty (30) hours per week shall not be considered income. Volunteerism for the betterment of the community includes but is not limited to:

1. Visiting persons in nursing homes, hospitals, etc.;

2. Delivering meals to homebound persons;

3. Providing limited transportation to medical appointments for disabled or aging persons; or,

4. Other opportunities deemed volunteerism for the betterment of the community by the county department using the prudent person principle.

3.520.785COUNTABLE UNEARNED INCOME

A. Unearned income is monetary benefits not earned through employment or self-employment, such as Social Security or other retirement benefits, interest, or investment income.

B. Countable unearned income includes the following and any other payments that could be construed to be a gain or benefit to the client, client's spouse, or sponsor(s) and which are not earned income.

1. Benefits issued by the SSA.

a. Lump sum payments shall be counted as income in the month received. Any unspent amount will be treated as a resource after nine (9) months.

b. If the SSA is recovering any portion of the payment from the client, client's spouse, or sponsor(s) due to an overpayment of benefits, Adult Financial program grant payments shall be calculated based on the gross payment, not the received amount.

2. Pension or retirement payments made by a former employer or from any insurance or other public or private fund.

3. Disability or survivor's benefits made by an employer or from any insurance or other public or private fund.

4. Veteran compensation and pension based on service in the armed forces. Such payments may be made by the U.S. Veterans Administration (VA), another country, a state or local government, or other organization. Any portion of a VA pension paid to a veteran for support of a dependent shall be considered countable unearned income to the dependent rather than to the veteran.

5. Railroad retirement payments, such as sick pay, annuities, pensions, and unemployment insurance benefits, which are paid by the Railroad Retirement Board (RRB) to a client, client's spouse, or sponsor(s) who is or was a railroad worker, or to such worker's dependents or survivors.

6. Unemployment Compensation.

7. Union strike benefits.

8. Amounts withheld from unearned income because of a garnishment.

9. Workers' Compensation payments awarded under Federal and State law to an injured employee. Payments for medical, legal, or related expenses incurred by the client, client's spouse, or sponsor(s) in connection with such claim are deducted prior to determining the amount of countable unearned income.

10. Dividends and interest received on financial accounts, savings bonds, leases, etc.

11. Annuity payments. Payments should be accepted as frequently as possible, e.g. monthly, quarterly, or annually. A lump sum should only be accepted if the previously identified increments are unavailable.

12. Inheritance.

13. Gifts and prizes.

14. Proceeds of a life insurance policy to the extent that they exceed the amount expended by the beneficiary for the purpose of the insured recipient's last illness and burial which are not covered by other benefits.

15. Proceeds of a health insurance policy or personal injury lawsuit to the extent that they exceed the amount to be expended or are required to be expended for medical care.

16. VA educational assistance (G.I. Bill) payments or other military or veterans benefits, which are conditional upon school attendance, are income to the extent that they exceed expenses necessary for school attendance.

17. Income from jointly owned property in a percentage at least equal to the percentage of ownership or, if receiving more than percentage of ownership, the actual amount received.

18. Lease bonuses (oil or mineral) received by the lessor as an inducement to lease land for exploration are income in the month received.

19. Oil or mineral royalties verified through tax documents such as the 1099 from the prior year shall be considered averagable income.

20. Income from rental property is considered as unearned income when the client is not actively managing the property on an average of at least twenty (20) hours a week. Rental income is countable to the extent it exceeds allowable expenses. Allowable expenses are maintenance, taxes, management fees, interest on mortgage, and utilities paid, and do not include the purchase of the rental property and payments on the principal of loans for the rental property.

21. Income derived from monies (or other property acquired with such monies) received pursuant to the "Civil Liberties Act of 1988" (by eligible persons of Japanese ancestry or certain specified survivors, and certain eligible Aleuts), P.L. 100-383, as of August 10, 1988 and are herein incorporated by reference. This rule does not contain any later amendments or editions. These regulations are available in person at the Office of Federal Register, 800 North Capitol Street NW, Suite 700, Washington, DC 20002 during regular business hours or by mail at the Office of Federal Register, The National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or at https://www.ecfr.gov/. These regulations are available for public inspection and copying at the Colorado Department of Human Services, Director of the Employment and Benefits Division, 1575 Sherman Street, Denver, Colorado, 80203, or at any State publications library.

22. Payments received from trusts. Such payments can be on behalf of, or to or for the benefit of the client, client's spouse, or sponsor(s), excluding medical or personal attendant care.

23. Alimony and spousal support.

24. Minimum monthly maintenance needs allowance (MMMNA) retained from an institutionalized spouse's income.

25. Current child support payments received for the client.

3.520.786EXEMPT INCOME

Certain earned and unearned income that is not countable to the client, client's spouse, or sponsor(s) in whole or in part is exempt. Such exempt income is limited to the following:

A. Income tax refunds, including the Property Tax/Rent/Heat Credit (PTC) rebate, in the month received. Any remaining funds shall be a countable resource after twelve (12) months.

B. The value of any third party payment for medical care paid on behalf of the client. This exemption also applies to room and board furnished during medical confinement and paid for by a third party.

C. Home energy assistance granted to the client by a private non-profit organization or home energy supplier, whether in-kind or by voucher or vendor payment.

D. Emergency or general assistance, other than home energy assistance, received on a one time basis in-cash or in-kind from the county department or other agencies.

E. Personal care or home care allowance grants paid to the client from a Federal, State or local government program to purchase in-home supportive services shall be exempt as income. However, if the non-recipient spouse is the provider and receives the payment from the client for in-home services it shall be classified as employment income and is subject to deeming.

F. VA Aid and Attendance is exempt income to the client if used for medical supplies and medical or attendant care not covered by Medicare, Medicaid, or other health insurance programs. The remainder is countable and deducted from the assistance grant.

G. Educational loans and grants.

H. Work study income.

I. Income and resources set aside as part of a Plan to Achieve Self Support (PASS) approved by the SSA.

J. Compensation received by the client pursuant to the Colorado Crime Victim Compensation Act in Article 4.1 of Title 24, C.R.S.

K. Unearned income as defined in the Social Security Program Operations Manual System (POMS), Section SI 00830.099 Guide to Unearned Income Exclusions (effective January 20, 2011) and consistent with the provisions of Federal Regulations found at 20 CFR 416.1124 (effective September 7, 2010), which are herein incorporated by reference. This rule does not contain any later amendments or editions. These guidelines are available for no cost at https://secure.ssa.gov/apps10/poms.nsf/home?readform (POMS); while the regulations are available for no cost at https://www.ecfr.gov/. These guidelines and regulations are also available for public inspection and copying at the Colorado Department of Human Services, Director of the Employment and Benefits Division, 1575 Sherman Street, Denver, Colorado, 80203, or at any State publications library during regular business hours.

L. Reverse mortgage loan payments.

M. Payments received for providing foster care. Any amount paid to a provider of foster care in excess of the foster care payment not intended for the care of the child is countable income to the provider.

N. Child support payments made to the client, client's spouse, or sponsor(s) for another person.

These payments can either be current or arrearage payments.

O. Infrequent or irregular income of less than $60 in a calendar quarter.

P. Child support arrears payments received for the client.

3.520.79IN-KIND SUPPORT AND MAINTENANCE (ISM) FOR OAP AND AND-CS ONLY

A. For certain clients who are not paying their fair share of shelter costs, an ISM amount shall be determined and counted as unearned income.

B. The ISM calculation does not apply to a client:

1. Who is residing in and owning his or her primary residence; or,

2. Who is receiving subsidized housing; or,

3. Who is homeless; or,

4. Who is paying his or her fair share of shelter costs when shelter costs are market value or greater, even if the fair share is less than the current ISM amount.

a. Fair share is calculated by totaling shelter costs and dividing by the number of people living in the household.

b. Market value is the amount a landlord or property manager would charge if the dwelling were rented on the open market. Rent may include heating fuel, gas, electricity, water, sewage and garbage collection; or,

5. Who is paying shelter costs in an amount equal to or greater than the current maximum ISM amount, whether or not the costs are the client's fair share or market value; unless,

6. A client is receiving SSI and being charged an ISM by the SSA. The client shall be charged a matching ISM for Adult Financial programs, unless good cause is provided due to SSA backlog.

a. The client shall be instructed to work with the SSA to remove or reduce the ISM once the client is paying his or her fair share of shelter costs.

b. Once the SSA removes or reduces the ISM, the client shall report the change in order to have the Adult Financial ISM removed or reduced.

C. If the client's declared monthly shelter costs are less than the current maximum ISM amount established for the shelter component and the client is not paying his or her fair share, the county department shall determine the ISM amount to be applied, as follows:

1. If the client's shelter costs are less than the current market value, then the amount the client is actually paying is subtracted from the current maximum ISM amount. The result is counted as in-kind unearned income to the client.

2. If the shelter costs are market value but the client is paying less than his or her fair share, then the amount the client is actually paying is subtracted from the client's fair share amount or the current maximum ISM amount, whichever is less. The result is counted as in-kind unearned income to the client.

3. If the client is paying no shelter costs, and all shelter costs are supplied in full, then the current maximum ISM amount is counted as in-kind unearned income to the client.

D. If the client has an established life estate and the client's shelter costs are being provided in full, an ISM shall be calculated.

E. The Adult Financial programs maximum ISM shall be determined as follows:

1. The ISM includes shelter costs.

2. The ISM is calculated by multiplying the current SSI benefit standard, as defined in Section 3.510, by 33.33%, then adding a $20.00 disregard and rounding to the nearest whole dollar.

9 CCR 2503-5-3.520

37 CR 13, July 10, 2014, effective 8/1/2014

37 CR 17, September 10, 2014, effective 10/1/2014

38 CR 04, February 25, 2015, effective 3/20/2015

38 CR 04, February 25, 2015, effective 4/1/2015

38 CR 09, May 10, 2015, effective 6/1/2015

38 CR 15, August 10, 2015, effective 9/1/2015

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 17, September 10, 2016, effective 10/1/2016

40 CR 03, February 10, 2017, effective 2/14/2017

41 CR 05, March 10, 2018, effective 4/1/2018

41 CR 15, August 10, 2018, effective 9/1/2018

41 CR 19, October 10, 2018, effective 11/1/2018

42 CR 01, January 10, 2019, effective 2/1/2019

43 CR 01, January 10, 2020, effective 1/1/2020

43 CR 03, February 10, 2020, effective 3/1/2020

43 CR 11, June 10, 2020, effective 7/1/2020

43 CR 23, December 10, 2020, effective 1/1/2021

44 CR 03, February 10, 2021, effective 3/2/2021

44 CR 13, July 10, 2021, effective 8/1/2021

45 CR 03, February 10, 2022, effective 3/2/2022

45 CR 05, March 10, 2022, effective 4/1/2022

45 CR 13, July 10, 2022, effective 7/1/2022

45 CR 15, August 10, 2022, effective 8/10/2022

45 CR 15, August 10, 2022, effective 8/30/2022

46 CR 01, January 10, 2023, effective 12/10/2022

46 CR 01, January 10, 2023, effective 1/1/2023

46 CR 03, February 10, 2022, effective 3/2/2023

46 CR 17, September 10, 2023, effective 8/7/2023, exp. 12/2/2023 (EMERGENCY)

46 CR 19, October 10, 2023, effective 10/30/2023