The Maryland Weatherization Program, subject to the availability of funds, provides assistance as part of a national energy conservation effort through an agency in a political subdivision of the State, for installation of heat-conserving materials in residential buildings in the State. In this chapter, the following terms have the meanings indicated. Terms Defined. “Agency” means a local administering agency, including a governmental unit, community action agency, Office on Aging, or other nonprofit agency. “Applicant” means a representative member of the family unit in the dwelling unit, the owner, or designated agent of the owner, of a dwelling unit. “Benefit” means the amount of assistance that is provided to an eligible applicant. “Department” means the Department of Housing and Community Development. “Dwelling unit” means any of the following: An individual house, including a semidetached house, or stationary mobile home; An apartment in an apartment complex; An apartment within a home; A unit in public housing; A unit in subsidized housing; or A single room occupied as separate living quarters. “Fair hearing” means a procedure established to provide the applicant with the opportunity to have a dispute reviewed by a hearing officer. “Family unit” means an individual or group of individuals who are living together as one economic unit. “Hearing officer” means a person designated by the Department to preside at a fair hearing. “Landlord-tenant agreement” means a document signed by the agency, the owner as landlord, and the applicant when the applicant is a tenant, specifying consent to provide access to the premises, and an agreement by the owner not to increase the rent of the premises on account of the weatherization improvements. “Material vendor” means a supplier of weatherization material. “Owner” means the person or persons listed in the land records of the State who holds title to the property, or the governmental agency that owns the dwelling unit. “Program” means the Maryland Weatherization Program. “Public housing” means a dwelling unit owned and operated by a municipality or governmental agency. “Subsidized housing” means a privately owned dwelling unit where rental fees are subsidized by local or federal funds. “Weatherization material” means any energy-conserving device or technology used in a dwelling unit. A local governmental unit qualifies as a local administering agency for the Program without participating in the selection process. Under 10 CFR §440.15, an administering agency shall be a private or public nonprofit entity as recognized by federal and State laws. A nonprofit entity shall have an active Board of Directors organized in accordance with the laws governing the corporate structure under which the organization was founded. Rating and Ranking. The Department shall rate and rank an agency that is not a local governmental unit based on the: Agency's experience in the administration of weatherization or similar programs in the area to be served; Agency's plan for managing the Program including production oversight, inventory, outreach, and other sources of funds leveraged; Education, background, and experience of Agency personnel assigned to the Program; Agency's knowledge and understanding of the nature and scope of the work to be performed; and Economic benefit to the State of Maryland from the use of the agency. In the agency rating and ranking process, the Department may give preference to an agency that has, or is currently administering, a weatherization assistance program. A hearing may be held to receive public comment on any agency new to the Program. A dwelling unit is eligible when occupied by a family unit which: Is resident in Maryland, has an income within the maximum income limits set in Regulation .12 of this chapter, and provides proof of ownership or a signed landlord-tenant agreement; or Contains a member who has received cash assistance payments under TPA, SSI, GPA-E, GPA-PW, food stamps, or veteran benefits during the 12-month period preceding the determination of eligibility. A dwelling unit is not eligible if it: Has been previously weatherized under this Program unless the dwelling unit has been damaged by fire, flood, or other disaster and repair of damage to weatherization materials is not paid for by insurance; Within 12 months of the completion of weatherization, would be acquired by a federal, State, or local program for acquisition or clearance; Is in a designated special flood hazard area unless it complies with flood insurance purchase requirements; Would be adversely affected by weatherization activity and defeat the purpose of any historic federal or State conservation or restoration activity; Is unoccupied, except as provided in §C of this regulation; or Is in a state of disrepair that without more than $150 of repairs, the installation of weatherization materials would not achieve the purpose of the Program to conserve energy. An unoccupied dwelling unit may become eligible for weatherization if the Agency can certify that within 180 days of the date of application for weatherization the dwelling: Is being or will be rehabilitated through a federal, State, or locally funded program; and Will be occupied by an eligible family unit. The applicant shall apply at the Agency. If the applicant is unable to come to the Agency, the Agency shall send a representative to take the application. A completed application includes: A completed application form provided by the Agency; Verification of countable income; Proof of ownership or a landlord-tenant agreement; and Household data sheet. Countable income is annualized and includes: Money wages; Net income from self-employment; Social Security or Supplemental Social Security Income (SSI) or both; Dividends, interest received, estate or trust income, rental income, or royalties; Public assistance or welfare; Pension and annuities including veterans' or railroad retirement; Workers' Compensation Insurance payments; Alimony or child support; Compensation payments including unemployment and Criminal Injuries Compensation Board awards; and Armed forces support payments. Countable income excludes the following income: Third party payments for rent or other purposes over which the household has no control; In-kind contributions, such as food, furniture, clothing, and service from persons in the community; Money wages of the children under 18 years old, or persons who are students and are not employed full time; Grants and loans to undergraduate students made or insured by the Commissioner of Education under the Higher Education Assistance Act, 20 U.S.C.S. §§1070—1098, such as Basic Education Opportunity Grants and guaranteed student loans, and under the National Defense Education Act, 20 U.S.C.S. §401 et seq., as well as veterans' educational benefits; Payments under the Federal Action Program made to participants in the Retired Senior Volunteer Program, Foster Grandparents and Senior Companion Program; Job Training Partnership Act Program; Maryland Service Corps; or The value of any food stamp allotment. The Agency shall receive the application. Incomplete Application. If the application is not complete, the agency shall notify the applicant within 5 working days as to information needed and that the application will be denied if the information is not supplied within 30 days of the date of this notice. Completed Application. If the application is complete, the Agency shall decide within 5 working days if the applicant is eligible. The Agency shall use the income guideline that corresponds to the requirements of the source of funds used. If the Agency decides the applicant is eligible, the Agency shall notify the applicant within 5 working days of the decision. The notice shall include the: Fact that applicant is eligible; Funding source income eligibility requirements used to determine the applicant's eligibility; Approximate schedule for estimation of cost, installation, and completion; and Requirement that the applicant sign a final inspection form. Estimation of Cost and Determination of Type and Amount of Weatherization. The Agency shall make an inspection of the premises and decide within 15 working days after the decision of eligibility whether the dwelling is eligible and if so, for what type and amount of weatherization. If the Agency decides that the dwelling is eligible, the Agency shall notify the applicant within 5 working days of the decision. The notice shall include the: Fact that the dwelling unit is eligible; Type and amount of weatherization to be installed; Approximate schedule for installation and completion; Right to appeal the decision and the method to obtain a fair hearing; and Legal services that are available to provide representation. If the Agency decides to deny the application because the applicant or the dwelling unit is ineligible, the Agency shall notify the applicant within 5 working days of the decision. The notification shall include the: Reason for denial; Specific regulation supporting the denial; Right to appeal the decision, and the means to obtain a fair hearing; and Legal services that are available to provide representation. The Agency may establish a waiting list when there is expectation of additional funding from a source whose income guideline requirements would include the applicant as eligible. The Agency shall contact the applicant to arrange the specific date for installation of the materials. Final Inspection. The Agency shall contact the applicant to arrange the date for final inspection. If the inspector finds that the installation is incomplete, the inspector shall return to the Agency and arrange for the job to be completed. If the installation is complete, the inspector shall request the applicant to sign the final inspection form. If the applicant does not sign the final inspection form, the inspector shall note whether the applicant was available or was unavailable, or was available but declined to sign. If the applicant declined to sign the form, the inspector shall attempt to discover the reason. The inspector shall return the completed form and, if appropriate, include an explanation of the reasons why the applicant did not sign the form. If the applicant did not sign the final inspection form, the Agency shall contact the applicant within 7 working days to review the reason why the applicant did not sign. If the applicant did not sign because the applicant: Considered the job incomplete or improperly done, the Agency shall decide within 7 working days whether the applicant is correct. If the Agency decides that the: Work is incomplete or improperly installed, the Agency shall make appropriate reinstallation; Applicant is incorrect, the Agency shall inform the applicant in writing within 7 working days of the decision and include notification of the right to appeal the decision and the method to obtain a fair hearing. Complained of the behavioral problems of the installers or damage to a person or to property, the Agency shall decide whether the applicant is correct. If the Agency decides that the: Applicant is incorrect, the Agency shall inform the applicant in writing within 7 working days of the decision and include notification of right to appeal the decision and the method to obtain a fair hearing; Applicant's complaint about the installers' behavioral problems is correct, the Agency shall follow the Agency's procedures on reporting and correcting the problem; Applicant's complaint of damage or injury is correct, the Agency shall file a claim with its insurance carrier. Was not available, the Agency shall contact the applicant within 7 working days of the receipt of the unsigned final inspection form and attempt to obtain the signature. The Agency shall complete the installation through the final inspection form within 90 days of the decision to provide the weatherization benefit. Types of Weatherization. Full Weatherization. The amount of benefit depends on the type and amount of the weatherization provided up to a maximum of $1,800 for labor and program support. Low-Cost/No-Cost Weatherization. The Agency may also provide low-cost/no-cost weatherization up to a maximum amount set by the Agency without regard to the $1,800 limitation on full weatherization as a stop-gap measure when an applicant in an eligible dwelling unit requests it. The low-cost weatherization part of the program includes: Workshops on weatherization; In-home demonstrations to install low-cost weatherization materials; Pamphlets, information, and material kits to guide the applicant in the application of low-cost materials for weatherization; and Installation of low-cost weatherization materials in dwelling units where there are elderly or handicapped individuals or dwelling units where labor sources are not available. The Agency may not authorize an expenditure for full weatherization in which the total cost exceeds $1,800 unless the Agency has been granted a waiver by the Department based on established criteria and sufficient documentation. The Agency may not authorize installation if: A dwelling unit has been previously fully weatherized; A dwelling unit is determined to be ineligible; or An applicant refuses weatherization services. The Agency shall notify the applicant that the case is closed when the: Installation is complete and the final inspection form is signed; Applicant moves or the dwelling becomes unoccupied before the weatherization materials are installed; Dwelling unit is destroyed or rendered uninhabitable before the weatherization materials are installed; Applicant does not submit required information to complete the application within the 30-day time limit; Applicant cannot be contacted for inspection and the cost estimation of the job within the 15 working day time limit; Applicant intentionally furnished false information on the application form; or Applicant requests cancellation before the weatherization materials are installed. The Agency shall have a grievance procedure and shall attempt to resolve a grievance at the local level. An applicant may appeal to the Department for a fair hearing in the following situations: The applicant's complaint is not resolved by the Agency's grievance settlement procedures; The applicant is denied assistance; The applicant is neither certified nor denied assistance within 5 days from the date that the required documentation is presented according to Regulation .06C of this chapter; The applicant disagrees with the Agency decision that the work is incomplete or improperly installed; The applicant disagrees with the Agency decision regarding behavioral problems of installers or damage to person or property; or The applicant disagrees with type or amount of weatherization provided or to be provided. The applicant has 15 working days from the date that the notice of a right to a fair hearing was sent by the Agency to file a request. The Agency shall establish a process by which the request forwarded to the Department contains the following basic information: Date of request; Name and address of the applicant making the request; The reason for making the request; and The date of the action or decision being appealed or the date the notice of the action or decision was mailed to the applicant. The Agency shall assist the applicant in completing the required form for the request to ensure that all the information required by the Department to process the request is present. The applicant shall file the completed form requesting a fair hearing at the Agency. At the time of the filing the applicant shall be informed that the: Applicant may be represented at the hearing by a lawyer, a relative, a friend, or other person; Department shall provide an interpreter if the applicant does not speak English or is hearing impaired; Applicant may present witnesses, documentary evidence, and oral argument, and cross-examine any employee required to be present. The applicant may examine any documents introduced in the hearing by any party to the hearing. The Agency shall, within 2 working days, forward the completed request for a fair hearing form and pertinent case information to the Program. The Agency shall also include all pertinent information regarding the case that is part of the Agency's records. The Department shall decide within 7 working days of the date the request was received to accept or deny the applicant's request for a fair hearing. The Department may deny the request for a hearing if the: Sole issue is one of either State or federal law or policy and the issue is not one of incorrect determination of ineligibility or computation; Request has not been filed within the required time limits; or Issue is not one of those allowed in Regulation .09B of this chapter. The Department may dismiss a request for a fair hearing if the applicant: Withdraws the request in writing; Dies; or Without good cause, does not appear at the hearing. If the Department accepts the request, the hearing officer shall record the date that the request was filed with the Agency and shall schedule the hearing within 10 working days of the date of the request. The hearing officer shall notify the applicant and the Agency of the date and place of the fair hearing at least 15 days prior to the scheduled fair hearing. The notice to the applicant shall include: A summary of the regulations governing the fair hearings process, including the legal authority and jurisdiction under which the hearing is to be held; A reference to the particular statute or rule, including a rule of procedure, involved; A short and simple statement of the matters asserted; The right of the applicant to be represented by a lawyer or other person at the hearing; The availability of free legal services; The right of the applicant to present documents and witnesses to support the case at the hearing; The right of the applicant to examine the case record in the preparation for the hearing; The name and phone number of the person to call if the applicant cannot attend the hearing or wishes to change the time and place of the hearing; and The fact that the hearing will be dismissed if the applicant fails, without good cause, to attend the hearing. The Agency may be represented by the Director or the Director's designee. The hearing shall be recorded. The recordings, together with all papers and requests filed in the proceedings and the findings and conclusions constitute the exclusive record of the hearing. The record is kept available to the applicant for a period of 3 years or until litigation involved in the decision is ended, whichever is later. The hearing officer shall render a written decision within 45 days after the hearing is held. The hearing officer shall mail the written decision to the applicant, a representative, and the Agency. The decision shall include a statement of the applicant's right to judicial review of the decision. If the decision is favorable to the applicant, the local agency shall comply with the decision by taking corrective action promptly, but not later than 60 days from the date of the decision. The Agency shall notify the hearing officer promptly or within the time given in the decision that it has completed all required action. The income guidelines to be used by each agency for certifying applicant eligibility are the federal poverty income guidelines that are published annually in the Federal Register. Housing and Community Development Article, §4-211(c), Annotated Code of Maryland Effective date: April 22, 1985 (12:8 Md. R. 801) Regulation .11 amended effective September 8, 1986 (13:18 Md. R. 2019) Chapter recodified from COMAR 07.06.05 to COMAR 05.07.03 Chapter recodified from COMAR 05.07.03 to COMAR 05.04.14 effective September 6, 1999 (26:18 Md. R. 1373) Regulations .02B, .03B, .07A, .09B, and .10 amended effective September 6, 1999 (26:18 Md. R. 1373) Chapter revised effective January 31, 2005 (32:2 Md. R. 145)