Section 71-5-401 - Administration by department of human services(a)(1) The department of human services shall administer any funding received under the federal low-income energy assistance and weatherization programs, any other federal funds for energy assistance or energy conservation for residential units and any state funds appropriated to the department for purposes of providing to eligible persons energy assistance and residential weatherization as defined by federal law or regulation. To meet the goal of the American Recovery and Reinvestment Act of 2009, P.L. 111-5, the department shall ensure that there are qualified contractors and contracting firms, energy auditors and auditing firms and energy inspectors and inspection firms qualified to provide weatherization services and products.(2)Administration in accordance with state plan approved by federal government or state law.(A) The department shall administer the low-income energy assistance and weatherization programs in accordance with the state plan for each program as approved by the federal government for any federal funding, and in accordance with any state law for any state funding provided for such assistance.(B) The state plan approved by the federal government governing the expenditure of federal funds for such programs shall supersede any state law or regulations that are inconsistent with the approved state plan.(3)Rulemaking authority.(A) The department has the power to promulgate any necessary regulations to administer the low-income energy assistance and weatherization programs pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.(B) If necessary to provide for the immediate expenditure of any emergency low-income energy assistance or weatherization funds in the event of any severe energy crisis or disaster as declared by the governor, or to provide timely assistance under any funding criteria that require the expenditure of such funds under any short-term funding program, the department shall have authority to promulgate any necessary regulations to implement the provision of such assistance by emergency rule; provided, that any permanent rules shall be promulgated pursuant to the Uniform Administrative Procedures Act.(b)(1) The department may allocate to the residential weatherization program any funds received for energy assistance under the federal low-income energy assistance program or from any other federal energy assistance fund up to the maximum amount permitted by federal law.(2) Any separate state funding for energy assistance shall be allocated as authorized in the annual appropriations act.(c) Notwithstanding any state law or regulation to the contrary, the department may provide residential weatherization assistance at any percentage of the federal income poverty level that is permitted by federal law.(d) Benefit levels shall be determined based upon those prescribed by federal law.Acts 1984, ch. 852, § 1; T.C.A., § 14-21-101; Acts 2009 , ch. 529, § 26.