Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-405 - Hearings: Location; Notice; Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Office of Appeals shall schedule the
				hearing. The Office of Appeals may schedule a telephonic hearing instead of an
				in-person hearing or permit a witness or party, upon request, to appear
				telephonically.
B. Unless the
				appellant requests an earlier hearing date, the Office of Appeals shall
				schedule the hearing no earlier than 20 days from the date the Department
				receives the appellant's request for hearing.
C. The Office of Appeals shall send a notice
				of hearing to all parties at least 20 days before the hearing date, unless a
				request for an earlier hearing date is granted under subsection (B).
D. The notice of hearing shall be in writing
				and shall:
1. Include information on how to
				request an in-person hearing;
2.
				Advise the appellant or the appellant's representative of the name, address,
				and phone number to notify the Office of Appeals in the event it is not
				possible for the appellant to attend the hearing;
3. Specify that the Office of Appeals will
				dismiss the hearing request if the appellant or the appellant's representative
				fails to appear for the hearing without good cause;
4. Include the Office of Appeals hearing
				procedures and any other information that would provide the appellant with an
				understanding of the proceedings and that would contribute to the effective
				presentation of the appellant's case; which shall include a pre-hearing summary
				prepared by the Department, and
5.
				Explain that the appellant or the appellant's representative shall be given
				adequate opportunity to:
a. Examine the case
				file prior to the hearing. The contents of the case file including the
				application form and documents of verification used by the Department to
				establish the household's ineligibility or eligibility and allotment shall be
				made available, provided that confidential information, such as the names of
				individuals who have disclosed information about the household without its
				knowledge or the nature or status of pending criminal prosecutions, is
				protected from release. If requested by the household or its representative,
				the Department shall provide a free copy of the portions of the case file that
				are relevant to the hearing. Confidential information that is protected from
				release and other documents or records which the household will not otherwise
				have an opportunity to contest or challenge shall not be introduced at the
				hearing or affect the hearing official's decision.
b. Present the case or have it presented by
				legal counsel or another person.
c.
				Bring witnesses.
d. Advance
				arguments without undue interference.
e. Question or refute any testimony or
				evidence, including an opportunity to confront and cross-examine adverse
				witnesses.
f. Submit evidence to
				establish all pertinent facts and circumstances in the case.
6. The notice shall include
				information about the availability of free legal services.