Mississippi Administrative Code

Appellants shall have the right to appeal adverse actions taken by the Agency which affects the participation in or administration of the relevant Agency program. Notes 18 Miss. Code. R. 23-7.2 18 Miss. Admin. Code Pt. 13, Ch. 13; 18 Miss. Admin. Code Pt. 19, R. k. Adopted 5/10/2…

An Appellant shall bear the burden of proof of establishing, by a preponderance of the evidence, that an adverse action was improper. Notes 18 Miss. Code. R. 23-7.3 18 Miss. Admin. Code Pt. 13, Ch. 13; 18 Miss. Admin. Code Pt. 19, R. k. Adopted 5/10/2023 Amended 10/26/2023 Amende…

An Appellant who wishes to appeal an adverse action shall submit a request to the Division of Administrative Hearings for a Programmatic Quality Control Administrative Agency Appeal within thirty (30) calendar days following the date of an adverse action. Appeal request shall be …

The Division of Administrative Hearings shall provide written notice to the Appellant at least ten (10) calendar days in advance of the date of the Administrative Agency Appeal. The notice shall contain the date, time, and location of the Administrative Agency Appeal and the Appe…

An Administrative Agency Appeal shall be held telephonically unless otherwise directed by the Hearing Officer. Notes 18 Miss. Code. R. 23-7.6 18 Miss. Admin. Code Pt. 13, Ch. 13. Adopted 5/10/2023 Amended 10/26/2023 Amended 7/29/2024 Amended 6/9/2025

An Appellant has the following rights and responsibilities during a Programmatic Quality Control Administrative Agency Appeal: A. An Appellant may present testimony, evidence, and argument regarding the adverse action subject to appeal; B. An Appellant may present and question wi…

If an Appellant fails to appear at an Administrative Agency Appeal, the appeal shall be considered abandoned. If an Appellant abandons their appeal, said Appellant, upon a showing of good cause, may move for a continuance or resetting within ten (10) calendar days of their failur…

Unless the Programmatic Quality Control Administrative Agency Appeal is abandoned or withdrawn, the Hearing Officer shall prepare a decision that reviews the relevant evidence and applies the controlling policy, regulations and/or State and Federal law. An Appellant shall present…

The purpose of a Subgrant Administrative Agency Appeal shall be to provide an opportunity for a formal review when a Subgrantee disagrees with an adverse action. A Subgrant Administrative Agency Appeal shall allow a Subgrantee to present its case to a Hearing Officer. The scope o…

The Subgrant Administrative Hearing Officer may prepare a decision that reviews the relevant evidence and applies the controlling policy, regulations and/or laws. The decision shall include grants and/or denials for each issue raised on appeal, the reasoning for said action(s), a…

If a Subgrantee is dissatisfied with a Subgrant Administrative Hearing decision, the Subgrantee may request a review of the decision by submitting a written request for a Subgrant Administrative Hearing Review. Notes 18 Miss. Code. R. 23-8.11 Miss. Code Ann. 43-1-2(4)(b); 2 C.F.R…

A Subgrant Administrative Hearing Review shall be the final level of review within a Subgrant Administrative Agency Appeal. A Subgrant Administrative Hearing Review shall be a review of a Subgrant Administrative Hearing decision and case record by a Subgrant Administrative Hearin…

A Subgrantee has fourteen (14) calendar days from the date of a Subgrant Administrative Hearing decision to submit a written request for a Subgrant Administrative Hearing Review. Failure to submit a timely written request for a Subgrant Administrative Hearing Review shall be cons…

A Subgrantee's written request for a Subgrant Administrative Hearing Review shall include the following: A. The name of the Subgrantee; B. The adverse action the Subgrantee seeks to dispute; and C. A signature from a representative of the Subgrantee. Written requests for a Subgra…

Subgrantees shall be prohibited from submitting additional evidence beyond the evidence included in a Subgrantee's Organized Response. A Subgrant Administrative Hearing Review shall be a review of Subgrant Administrative Hearing decision and corresponding case record. A Subgrant …

When a Subgrantee makes a timely request for a Subgrant Administrative Hearing Review, the Director of the Division of Administrative Hearings shall, within ten (10) calendar days of receipt, send a notice acknowledging receipt and setting the date and time by which a Subgrant Ad…

The Subgrant Administrative Hearing Review Officer shall draft a final decision that reviews the Subgrant Administrative Hearing decision and corresponding case record and applies the controlling policy, regulations and/or laws. The final decision shall either adopt, modify, or o…

Subgrantees shall have the right to appeal adverse actions. For Subgrantees, adverse actions are demands for repayment of expenditures that have been questioned during a monitoring review of a Subgrantee. Notes 18 Miss. Code. R. 23-8.2 Miss. Code Ann. 43-1-2(4)(b); 18 Miss. Admin…

A Subgrantee bears the burden of proof of establishing, by a preponderance of the evidence, that an adverse action was improper. This burden of proof applies in both Subgrant Administrative Hearings and Subgrant Administrative Hearing Reviews. Notes 18 Miss. Code. R. 23-8.3 Miss.…

A Subgrantee has thirty (30) calendar days from the date of an adverse action to request a Subgrant Administrative Hearing. An appeal has not been timely requested until a Subgrantee has submitted both a written request for an appeal and an Organized Response. Failure to submit a…

A Subgrantee's written request for an appeal must include the following details: A. Subgrantee Identification1. The full legal name of the Subgrantee; 2. If applicable, the specific program or subgrant agreement under dispute should be clearly identified. B. Description of advers…

When a Subgrantee submits a timely request for a Subgrant Administrative Hearing, the Director of the Division of Administrative Hearings shall, within ten (10) calendar days of receipt, send a notice acknowledging receipt and setting a date, time, and manner for a Subgrant Admin…

The Subgrant Administrative Hearing shall be via video conferencing meeting software such as Zoom Meetings or Microsoft Teams unless otherwise directed by the Subgrant Administrative Hearing Officer. Notes 18 Miss. Code. R. 23-8.7 Miss. Code Ann. 43-1-2(4)(b); 2 C.F.R. § 200.342.…

Subgrant Administrative Hearings are evidentiary proceedings administered by the Subgrant Administrative Hearing Officer. Subgrantees have the following rights and responsibilities during a Subgrant Administrative Hearing: A. Subgrantees may present testimony, evidence, and argum…

If a Subgrantee fails to appear at a Subgrant Administrative Hearing, the Subgrantee's Subgrant Administrative Agency Appeal shall be considered abandoned, and the appealed adverse action shall be final and binding. A Subgrantee's abandonment of a Subgrant Administrative Agency A…

The Division of Administrative Hearings shall maintain the official record of each matter. The hearing record will be maintained pursuant to the Agency's record retention policy and State and Federal law. Notes 18 Miss. Code. R. 23-9.1 Miss. Code Ann. 43-1-2(4)(b); 2 C.F.R. § 200…

All Division of Administrative Hearings' decisions, except for Subgrant Administrative Hearing decisions as described in Rule 7.11 Review of a Subgrant Administrative Hearing Decision, shall be final and binding. Any decision rendered by the Division of Administrative Hearings' d…

LIHEAP is authorized by the Low-Income Home Energy Assistance Act of 1981 (under Title XXVI of the Omnibus Budget Reconciliation Act of 1981, as amended.) A. Statute- Sections of the LIHEAP statute are listed below as amended through August 1, 1999. The LIHEAP statute was amended…

The purpose of LIHEAP is to provide appropriate and timely assistance to eligible households to pay home energy bills and to assist with other energy related services. The amount of financial assistance an eligible household will receive will be determined by the amount of the bi…

The purpose of this manual is to provide program policy to clients, subgrantees and the public, in order to implement a range of services and activities having a measurable and potentially major impact on the causes of poverty in the State of Mississippi. This manual provides cle…

As a recipient of Federal financial assistance, MDHS and its subgrantees do not exclude, deny benefits to, or otherwise discriminate against any person on the basis of: race, color, gender, sexual orientation, national origin, disability, religion, political beliefs, or age; in a…

The following summarizes the Organizational Structure for LIHEAP: A. MDHS as Lead Agency: MDHS is the designated State agency to receive funds and administer the program covered in this manual. MDHS assists the Division of Community Services (DCS) by providing support services in…

LIHEAP must perform numerous federally mandated functions in order to remain compliant. MDHS enlists several partners through formal agreements to perform some of those functions. The following summarizes those roles: A. Subgrantees/ Community Action Agencies (CAA): The community…

The Definitions below will assist both clients and subgrantees on the various terms used for LIHEAP: A. Abuse - Involves behavior that is deficient or improper when compared with behavior that a prudent person would consider reasonable and necessary business practice given the fa…

Click Here To View Image Notes 18 Miss. Code. R. 24-24.1 Miss Code Annotated 43-1-2. Adopted 9/15/2022

Priority Population is a designated population treated differently than the general population for eligibility and access purposes, in order to address a particular need of that population. Priority Populations include: A. Elderly- Individuals age 60 and over B. Disabled- Individ…

The Subgrantees/ Community Action Agencies (CAAs) accept applications throughout the year. When funding is available, eligible families shall be served on a first-come, first-serve basis by date of application. When funding is not available, eligible families shall be added to th…

A. Applications are initiated through the Common Web Portal (CWP) for all first-time applicants. If an applicant was a previous household member in another case, but is now head of household, a new pre-application must be done. Pre-applications are web-based and may be submitted …

A. If an applicant does not complete a pre-application (regardless of reason), the subgrantee must complete the pre-application during the application process. B. Under no circumstance should an applicant be denied services because they have not completed a pre-application. C. Pa…

A. Once application is initiated, the client's application status must change to -Waiting on Approval' within ten (10) business days. Then the application must be acted upon and changed to -Approved' or -Denied' within two (2) business days. B. Subgrantee's cancellation of applic…

A. Notification of an appointment for services must be in writing, (mailed, emailed, or given to applicant in the office) within fifteen (15) business days of the submission of a preapplication. If the applicant is elderly, disabled, or a family with small children (ages 0 to 5),…

A. If the Subgrantee has run out of LIHEAP funds, the application must still be taken and denied. This must be done because of the federal reporting requirement, to count all applicants, as part of the LIHEAP Household Report. Applicant's name must be placed on a waiting list. As…

An applicant must meet the following requirements to receive a LIHEAP benefit: A. Have an obligation to pay an energy bill directly to a utility company, in subsidized housing where energy cost is billed separate from rent, or can provide evidence from landlord stating utility is…

Affidavits are written declarations made under oath before a notary public or other authorized officer. They are valid for thirty (30) days. Affidavits may be obtained for the following reasons: A. Authorized Representative applying for services on behalf of an applicant: The rep…

A. Income is money received on a regular and recurring basis by any household member. Income may be earned or unearned. B. A household's total gross income shall be used to determine eligibility. The total gross income received for the thirty (30) days prior to application date m…

A. Any applicant who engages in the use of aggressive or disruptive language against a subgrantee agency, subgrantee staff, subgrantee contractor, or state/federal staff shall be prohibited from receiving services for one year from the date of the incident, for the first offense.…

An applicant must be a resident of the State of Mississippi and reside in the LIHEAP service area at the time the energy costs were incurred. The applicant must apply for services in the county in which they live. Homeless households may apply for services if they are trying to e…