South Dakota Administrative Code

Rule 67:15:01:14 Repealed. 67:15:01:14. Form 1040 -- Completion of line 12. Repealed. Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; repealed, 12 SDR 73, effective November 4, 1985.

Rule 67:15:01:15 Repealed. 67:15:01:15. Form 1040 -- Completion of line 18. Repealed. Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; repealed, 12 SDR 73, effective …

Rule 67:15:01:16 Repealed. 67:15:01:16. Form 1040 -- Completion of line 19. Repealed. Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; repealed, 12 SDR 73, effective …

Rule 67:15:01:17 Repealed. 67:15:01:17. Proof of income -- Self-employed/non-self-employed. Repealed. Source: 8 SDR 95, effective February 18, 1982; repealed, 12 SDR 73, effective November 4, 1985.

Rule 67:15:01:18 Income exclusions. 67:15:01:18. Income exclusions. In computing a household's income, the department excludes the following: (1) Earned income of a household member who is under the age of 18 or, if still in high school, under the age of 19; (2) Cash which is adm…

Rule 67:15:01:18.01 Income to be included -- Self-employed households. 67:15:01:18.01. Income to be included -- Self-employed households. In computing the income for self-employed households the department shall include depreciation and any net profit or loss. In determining the …

Rule 67:15:01:19 Declaration of certain income. 67:15:01:19. Declaration of certain income. Even though a household is unable to produce proof of receipt of funds from child support, alimony, baby-sitting, lease payments from tribal trust land, or income determined unverifiable b…

Rule 67:15:01:20 Benefit levels. 67:15:01:20. Benefit levels. The benefit levels for an eligible household shall be determined by the department based on all of the following: (1) The household's income level; (2) The type and average cost of the household's primary heating sourc…

Rule 67:15:01:20.01 Repealed. 67:15:01:20.01. Payment levels for partially vulnerable households. Repealed. Source: 10 SDR 30, effective October 3, 1983; repealed, 11 SDR 96, effective January 27, 1985.

Rule 67:15:01:21 Repealed. 67:15:01:21. Payment levels for households using fuel oil. Repealed. Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 11 SDR 96, effective January 27, 1985; 13 SDR 64, effective December 4, 1986; 14 SDR 90, effective…

Rule 67:15:01:22 Repealed. 67:15:01:22. Payment levels for households using propane. Repealed. Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 11 SDR 96, effective January 27, 1985; 13 SDR 64, effective December 4, 1986; 14 SDR 90, effective …

Rule 67:15:01:23 Repealed. 67:15:01:23. Payment levels for households using natural gas. Repealed. Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 11 SDR 96, effective January 27, 1985; 15 SDR 128, effective February 26, 1989; repealed, 23 SD…

Rule 67:15:01:23.01 Repealed. 67:15:01:23.01. Payment levels for households using natural gas -- Between $4.50 and $4.75 for 1,000 cubic feet. Repealed. Source: 9 SDR 75, effective December 19, 1982; repealed, 11 SDR 96, effective January 27, 1985.

Rule 67:15:01:23.02 Repealed. 67:15:01:23.02. Payment levels for households using natural gas -- Between $4.75 and $5.00 for 1,000 cubic feet. Repealed. Source: 9 SDR 75, effective December 19, 1982; repealed, 11 SDR 96, effective January 27, 1985.

Rule 67:15:01:24 Repealed. 67:15:01:24. Payment levels for households using electricity less than three cents per kilowatt hour. Repealed. Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; repealed, 11 SDR 96, effective January 27, 1985.

Rule 67:15:01:25 Repealed. 67:15:01:25. Payment levels for households using electricity costing less than four cents per kilowatt hour. Repealed. Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; repealed, 11 SDR 96, effective January 27, 1985;…

Rule 67:15:01:26 Repealed. 67:15:01:26. Payment levels for households using electricity costing between four cents and five cents per kilowatt hour. Repealed. Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 198…

Rule 67:15:01:26.01 Repealed. 67:15:01:26.01. Payment levels for households using electricity costing five cents or more per kilowatt hour. Repealed. Source: 10 SDR 30, effective October 3, 1983; 12 SDR 73, effective November 4, 1985; 15 SDR 128, effective February 26, 1989; repe…

Rule 67:15:01:27 Repealed. 67:15:01:27. Payment levels for households using wood or coal. Repealed. Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 15 SDR 128, effective February 26, 1989; repealed, 23 SDR 101, effective December 22, 1996.

Rule 67:15:01:28 Repealed. 67:15:01:28. Payment levels for partially vulnerable households -- Fuel oil. Repealed. Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.

Rule 67:15:01:29 Repealed. 67:15:01:29. Payment levels for partially vulnerable households -- Propane. Repealed. Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.

Rule 67:15:01:30 Repealed. 67:15:01:30. Payment levels for partially vulnerable households -- Natural gas. Repealed. Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.

Rule 67:15:01:31 Repealed. 67:15:01:31. Payment levels for partially vulnerable households -- Electricity less than three cents per kilowatt hours. Repealed. Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.

Rule 67:15:01:32 Repealed. 67:15:01:32. Payment levels for partially vulnerable households -- Electricity between three and four cents per kilowatt hour. Repealed. Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.

Rule 67:15:01:33 Repealed. 67:15:01:33. Payment levels for partially vulnerable households -- Electricity more than four cents per kilowatt hour. Repealed. Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.

Rule 67:15:01:34 Repealed. 67:15:01:34. Payment levels for partially vulnerable households -- Wood or coal. Repealed. Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.

Rule 67:15:01:35 Designation of regions. 67:15:01:35. Designation of regions. Regions for purposes of determining the payment levels for a household eligible for LIEAP assistance are as follows: REGION I REGION II REGION III REGION IV Custer Butte Ziebach Harding Fall River Meade…

Rule 67:15:01:36 Deadline for determining eligibility -- LIEAP. 67:15:01:36. Deadline for determining eligibility -- LIEAP. The department shall determine LIEAP eligibility within 60 days after the date the application is received. Source: 8 SDR 95, effective February 18, 1982; 2…

Rule 67:15:01:37 Notice to households eligible for LIEAP. 67:15:01:37. Notice to households eligible for LIEAP. If a household is determined eligible for LIEAP assistance, the department shall notify the household in writing of the amount of LIEAP assistance for which the househo…

Rule 67:15:01:38 Notice to ineligible LIEAP households. 67:15:01:38. Notice to ineligible LIEAP households. If a household is determined ineligible for LIEAP assistance, the department, within 60 days after the date of application, shall notify the household in writing of the rea…

Rule 67:15:01:39 Services to Native American households. 67:15:01:39. Services to Native American households. Native American households residing in the following counties must apply for assistance to the tribes listed: COUNTY TRIBE Charles Mix Yankton Sioux Todd, Tripp, Mellette…

Rule 67:15:01:40 Households eligible for direct payments. 67:15:01:40. Households eligible for direct payments. Households whose primary heating source is wood or coal shall receive their energy payments directly from the department. Source: 8 SDR 95, effective February 18, 1982;…

Rule 67:15:01:41 Direct payments to landlord. 67:15:01:41. Direct payments to landlord. The department shall make a direct payment to the landlord on behalf of an eligible household if the landlord charges the household rent plus heat and has a signed agreement with the departmen…

Rule 67:15:01:41.01 Agreement required if rent includes cost of heat. 67:15:01:41.01. Agreement required if rent includes cost of heat. If the household's rent includes the cost of heat, the landlord must sign the agreement specified in § 67:15:01:41. Failure of the landlord to s…

Rule 67:15:01:41.02 Amount of payment if rent includes cost of heat. 67:15:01:41.02. Amount of payment if rent includes cost of heat. If the household's rent includes the cost of heat, the LIEAP payment may be up to 30 percent of the household's monthly rent. Source: 12 SDR 73, e…

Rule 67:15:01:42 Repealed. 67:15:01:42. Payment options -- Primary and secondary heating sources. Repealed. Source: 8 SDR 95, effective February 18, 1982; repealed, 23 SDR 101, effective December 22, 1996.

Rule 67:15:01:43 Payment date. 67:15:01:43. Payment date. If a household is eligible for direct payments, the department shall pay the household within 21 days after the department notifies the household of its eligibility. Source: 8 SDR 95, effective February 18, 1982; 23 SDR 10…

Rule 67:15:01:43.01 Payment limits. 67:15:01:43.01. Payment limits. Monthly LIEAP payment will continue to be made to the energy supplier or landlord until one of the following has occurred: (1) The household has reached its maximum LIEAP benefit level; (2) The household no longe…

Rule 67:15:01:44 No changes to benefit level allowed. 67:15:01:44. No changes to benefit level allowed. After a LIEAP benefit is paid, no adjustments may be made to the benefit level due to changes in income, household size, fuel type, or region. Source: 8 SDR 95, effective Febru…

Rule 67:15:01:45 Household's responsibility for charges beyond amount of assistance. 67:15:01:45. Household's responsibility for charges beyond amount of assistance. If a household's energy bill exceeds the amount of energy assistance for which the household is eligible, the hous…

Rule 67:15:01:46 Duplicate payments. 67:15:01:46. Duplicate payments. Households may only be determined eligible for LIEAP assistance once during the program year. The department shall consider it a duplicate payment if a member of a household previously received LIEAP assistance…

Rule 67:15:01:46.01 Recovery of overpayments. 67:15:01:46.01. Recovery of overpayments. LIEAP payments made as a result of an agency error or a client error are considered overpayments and are subject to recovery by the department. Source: 13 SDR 64, effective December 4, 1986. G…

Rule 67:15:01:47 Change in energy supplier. 67:15:01:47. Change in energy supplier. A household may change energy suppliers if the household notifies the department and obtains approval from the department and the current energy supplier. When a change is requested, the household…

Rule 67:15:01:48 Notice to household of exhaustion of energy assistance funds. 67:15:01:48. Notice to household of exhaustion of energy assistance funds. After the supplier or landlord has billed the department for the total amount of energy assistance for which a household is el…

Rule 67:15:01:49 Request for fair hearing. 67:15:01:49. Request for fair hearing. An applicant or recipient requesting a fair hearing shall do so within 60 days of the action or inaction. Fair hearings shall be conducted according to chapter 67:17:02. Source: 8 SDR 95, effective …

Rule 67:15:02:01 Agreements required for direct payments. 67:15:02:01. Agreements required for direct payments. For an energy supplier or landlord to receive direct energy payments in behalf of eligible households, the energy supplier or landlord shall have a signed agreement wit…

Rule 67:15:02:02 Limitation on payment. 67:15:02:02. Limitation on payment. The energy supplier may use the energy assistance funds only for those energy supply bills that are incurred by a household between July 1 and April 30 of the current program year and are unpaid at the ti…

Rule 67:15:02:03 Submission of claim forms for reimbursement. 67:15:02:03. Submission of claim forms for reimbursement. To obtain reimbursement for home energy supplies, an energy supplier or landlord shall submit a signed claim to the department. The claim shall be submitted on …

Rule 67:15:02:04 Deadline for submission of claims. 67:15:02:04. Deadline for submission of claims. Energy claims submitted by energy suppliers or landlords in behalf of eligible households must be postmarked on or before May 15. After that date, the department shall revert any u…

Rule 67:15:02:05 Notice to energy supplier or landlord. 67:15:02:05. Notice to energy supplier or landlord. At least once a month the department shall send to the participating energy supplier or landlord notice of the following: (1) Which of the supplier's customers or the landl…