1. (1) The moratorium protects eligible persons from winter utility shut offs.
2. (2) A household may apply for moratorium protection only one time per utility, per program year.
3. (3) Moratorium protection begins on November 15 and ends the following March 15. The Department may begin the moratorium earlier or extend it if severe weather conditions warrant such action.

4. (4) The moratorium applicant must:

   1. (a) be an adult residential account holder, or an adult resident applying for residential utility service;
   2. (b) reside at the address where moratorium protection is requested;
   3. (c) have a termination notice from the utility supplier or have been refused service if the utility is not active;
   4. (d) have been approved for HEAT assistance;
   5. (e) have applied for assistance through the Salvation Army; and
   6. (f) have made a good faith effort to pay the household's utility bill on a consistent basis during the moratorium.

5. (5) The applicant must also meet at least one of the following criteria:

   1. (a) have a gross household income in the month of, or the month before the month of the moratorium application, of less than 125% of the federal poverty level;
   2. (b) have suffered a medical or other emergency in either the month of application or the month before the month of application;
   3. (c) have suffered a loss of employment in either the month of application or the month before the month of application; or
   4. (d) have suffered a 50% reduction in income in either the month of application or the month before the month of application.

6. (6) Required Verification.

   1. (a) Each factor of moratorium eligibility must be verified.
   2. (b) It is the applicant's responsibility to submit acceptable verification.
   3. (c) If the household fails to submit the required verification and fails to assist the local HEAT office in obtaining the verification, the moratorium application will be denied.

7. (7) Good Faith Payment Effort.

   1. (a) Each month during the moratorium the household must pay the utility supplier at least 5% of the gross income received in the month before the month of the moratorium application, unless the home is heated by electricity.
   2. (b) If the home is heated by electricity the household must pay the utility supplier at least 10% of the gross income received in the month before the month of application.
   3. (c) The minimum allowed monthly payment is $5 even if the client has no income in the month before the month of application.
8. (8) To activate the moratorium, including the restoration of service to those households which are shut off, the first good faith payment is due at the time of application. Payments for subsequent months are due on or before the last day of each month.

9. (9) For clients who defaulted during a previous moratorium season, the default payment is due before the client will be eligible for protection under the current moratorium.

   1. (a) When a client defaults on a moratorium payment, the client is not eligible for moratorium protection on that particular utility for the remainder of that moratorium season.
   2. (b) The client must pay the amount of any previous defaulted payment before the client will be eligible for the moratorium.
   3. (c) If a utility supplier notifies the HEAT office of a client default, the HEAT office will notify the client of the default.
10. (10) A utility supplier regulated by the Public Service Commission and operating in Utah is subject to the moratorium with the exception of the Mexican Hat Association.

The Department shall require compliance with Section 35A-8-1501.

KEY: energy assistance, energy industries

Date of Last Change: June 13, 2022

Notice of Continuation: June 17, 2022

Authorizing, and Implemented or Interpreted Law: 35A-8-1403