Title 921 | Chapter 002 | Regulation 510


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921 KAR 2:510.Relocation Assistance Program (RAP).

Section 1.

Definitions.

(1)

"Benefit group" means a group that meets the eligibility requirements established in 921 KAR 2:006.

(2)

"Family Assistance Short Term" or "FAST" means the program established in 921 KAR 2:500.

(3)

"Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.

Section 2.

Relocation Assistance Program (RAP).

(1)

An applicant for RAP shall:

(a)

Be a current recipient of KTAP;

(b)

 

1.

Have a verified offer of employment with wages in an amount equal to or greater than thirty (30) hours per week at the minimum hourly wage rate; or

2.

Be currently employed with wages in an amount equal to or greater than thirty (30) hours per week at the minimum hourly wage rate, reporting and verifying timely, and request relocation assistance within ninety (90) days from the start date of employment; and

(c)

Be in need of assistance to relocate in order to:

1.

Accept or maintain a verified offer of employment if the applicant's:

a.

Current residence is located ten (10) miles or more from the location of new employment; and

b.

New residence is closer to the location of new employment than the applicant's current residence;

2.

Escape a domestic violence situation, as determined by the cabinet pursuant to 921 KAR 2:006, Section 1; or

3.

Prevent homelessness.

(d)

Not be required to comply with paragraphs (b) and (c)1 of this subsection, if moving to escape from a domestic violence situation; and

(e)

Complete Form RA-1, Application for Relocation Assistance.

(2)

To the extent funds are available, the payment shall be issued to assist an eligible KTAP recipient in meeting moving-related expenses. Moving-related expenses shall include:

(a)

Moving van rental;

(b)

First month's rent for apartment or house; and

(c)

Security deposit, utility hook-up fee, or other moving-related fee approved by the cabinet for the apartment or house referenced in paragraph (b) of this subsection.

(3)

The amount of payment shall be up to $1,500 based on the actual verified moving-related expenses, as listed in subsection (2) of this section.

(4)

Except for a domestic violence situation, an otherwise eligible recipient of RAP shall receive relocation assistance a maximum of once every twelve (12) months.

(5)

The offer of employment, including hourly wage and number of hours, and the availability of a new residence, as specified in subsection (1)(b)1 and (c)1 of this section shall be verified in writing.

(6)

The start date of ongoing employment, including hourly wage and number of hours and the availability of a new residence as specified in subsection (1)(b)2 and (c)1 of this section, shall be verified in writing.

(7)

The cabinet shall provide follow-up case management to assist the family with the transition.

(8)

A family not currently receiving KTAP and eligible to receive FAST may receive assistance to relocate pursuant to 921 KAR 2:500.

(9)

A KTAP recipient may refuse without penalty an offer of employment that would require relocation.

Section 3.

Hearing Rights. Hearing rights for RAP shall be the same as hearing rights for a KTAP recipient in accordance with 921 KAR 2:055.

Section 4.

Improper Payments. The cabinet shall recover the amount of an improper payment pursuant to KRS 45.237-241 and 205.211, including assistance paid pending the outcome of a hearing, from the claimant-payee.

Section 5.

Incorporation by Reference.

(1)

The "RA-1, Application for Relocation Assistance", 08/22, is incorporated by reference.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

HISTORY: (25 Ky.R. 2077; eff. 6-16-1999; Recodified from 904 KAR 2:510, 7-8-1999; 29 Ky.R. 1150; 1668; eff. 12-18-2002; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 33 Ky.R. 1746; 2331; eff. 3-9-2007; 42 Ky.R. 610; eff. 11-18-2015; 49 Ky.R. 687; eff. 3-16-2023.)

MARTA MIRANDA-STRAUB, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: August 2, 2022
FILED WITH LRC: August 4, 2022 at 8:10 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on October 24, 2022, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by October 17, 2022, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until October 31, 2022. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Laura Begin and Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes eligibility criteria for the Relocation Assistance Program (RAP) in Kentucky, which provides assistance to eligible Kentucky families who need to relocate in order to accept or maintain employment, escape a domestic violence situation, or prevent homelessness.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the eligibility and benefits criteria for Kentucky’s Relocation Assistance Program (RAP).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 194A.050, which authorizes the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to qualify for federal funds and to cooperate with other state and federal agencies. This cabinet has responsibility under 45 C.F.R. 260 to implement the TANF program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing eligibility and benefits criteria for the implementation of the TANF-funded Relocation Assistance Program (RAP).
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment changes the existing administrative regulation by increasing the maximum benefit for RAP services provided with federal Temporary Assistance for Needy Families (TANF) Block Grant funds to eligible Kentucky families who need to relocate in order to accept or maintain employment, escape a domestic violence situation, or prevent homelessness. The amendment also updates other program names for consistency with other administrative regulations in process.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary in order to utilize federal funding in providing RAP services for more eligible TANF applicants. This amendment is also necessary to keep the administrative regulation from expiring pursuant to KRS 13A.3102 and 3104. The administrative regulation was reviewed for certification and determined to require updating.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment conforms to the authorizing statutes by maintaining standards for program eligibility, benefit provisions, and compliance.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment allows for greater utilization of the TANF-funded Relocation Assistance Program in Kentucky.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department for Community Based Services (DCBS) will be impacted by this administrative regulation by administering this program. DCBS administers TANF benefits throughout Kentucky’s 120 counties. During the time period from June 2021 to November 2021, RAP was provided to one family statewide. Data indicates there was an increase in participation in this program prior to the Covid-19 pandemic. Historically, RAP has been an under-utilized program; however, the Relocation Assistance Program is a vital lifeline for those experiencing domestic violence.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The amendment increases the benefit amount for the Relocation Assistance Program. No additional actions are required by this amendment, it is only a resource available to Kentuckians in need.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Costs associated with the increase in benefit amount for the Relocation Assistance Program (RAP) are funded by the TANF Block Grant.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Individuals eligible for RAP payments will see a slightly higher benefit amount. Costs associated with the increase in benefit amount for the Relocation Assistance (RAP) program are funded by the federal TANF Block Grant.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The Relocation Assistance Program (RAP) is an eligible expenditure for federal funding from the TANF Block Grant.
(b) On a continuing basis:
The cabinet will ensure that the programs and state administrative activities are funded with the TANF Block Grant.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The implementation and enforcement of this administrative regulation is funded by the TANF Block Grant.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is no increase in fees or funding required by this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied because this administrative regulation will be applied in a like manner statewide.

FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
45 C.F.R. Parts 260-265
(2) State compliance standards.
KRS 194A.050(1), 205.200(2)
(3) Minimum or uniform standards contained in the federal mandate.
Operating a state program consistent with the rules of the Temporary Assistance for Needy Families Block Grant. (a) Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; (b) End the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; (c) Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and (d) Encourage the formation and maintenance of two-parent families.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
The amendment does not impose stricter requirements than those required by the federal mandate. The state meets the requirements of TANF through many different programs.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A

FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department for Community Based Services will be impacted by this administrative regulation through administering this program.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
45 C.F.R. Parts 260-265, KRS 194A.050, 205.200(2)
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation does not directly generate revenue for the state or local government, but does provide federally-funded assistance to eligible families for the purpose of relocation that may assist local economies. The amount depends on program participation.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation does not directly generate revenue for the state or local government, but does provide federally-funded assistance to eligible families for the purpose of relocation that may assist local economies.
(c) How much will it cost to administer this program for the first year?
The cabinet will utilize the administrative funds available under the federal TANF Block Grant to administer these programs in the first year although costs are minimal.
(d) How much will it cost to administer this program for subsequent years?
The cabinet will utilize the administrative funds available under the TANF Block Grant to administer these programs in the subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation is necessary to establish the eligibility and benefits criteria for the Relocation Assistance Program. Cost savings are not generated by this administrative regulation, but it also does not require costs from regulated entities
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There are no cost savings associated with this amendment.
(c) How much will it cost the regulated entities for the first year?
There are no costs to regulated entities associated with this amendment.
(d) How much will it cost the regulated entities for subsequent years?
There are no costs to regulated entities associated with this amendment.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact or a negative or adverse economic impact on any parties, but rather provides assistance to eligible Kentucky families requiring assistance in relocating.

7-Year Expiration: 3/16/2030

Last Updated: 3/22/2023


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