reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-319 - Revocation of License

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The following shall be grounds for the revocation of a BEP operator's license:
1. The operator is not in compliance with the
				requirements of this Article, contractual agreements or any applicable federal
				or state statute or rule.
2. There
				is a deliberate material misrepresentation to the Department by the operator
				relating to the BEP.
3. The
				operator uses alcoholic beverages or illegal drugs while engaged in the
				operation of the business facility or operates the business facility while
				under their influence.
4. The
				operator neglects or refuses to timely provide information, including reports,
				and to timely transmit assessments required by this Article.
5. The operator abandons the business
				facility or fails without just cause to open the facility for business at the
				scheduled hours without prior notice to the BEP.
6. The operator is convicted of a felony
				while participating in the program.
7. The operator no longer meets the
				qualifications for participation in the BEP due to:
a. Improvement of vision to the degree that
				he is no longer a legally blind person,
b. Change of citizenship from the United
				States,
c. Inability to meet the
				physical or emotional demands of operating a business facility following
				evaluation by the BEP.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-320 - State Committee of Blind Vendors

Current through Register Vol. 30, No. 28, July 12, 2024
A. In Arizona, the Arizona Participating
				Operators Committee (APOC) shall be the state committee of blind vendors which
				shall actively participate in the Business Enterprise Program as provided below
				and elsewhere in this Article.
B.
				APOC shall enact bylaws consistent with this Article and any applicable
				regulatory or statutory provisions and provide BEP with a copy.
C. In fulfilling its ultimate responsibility
				for the administration and operation of all aspects of the Business Enterprise
				Program, the Department shall assure that APOC shall actively participate in
				the BEP through the following:
1. The
				rulemaking procedures outlined in A.R.S. §
										41-1001
				and following.
2. The receipt and
				transmittal to the BEP of grievances filed in writing with APOC at the request
				of BEP operators, and at the discretion of the BEP operator, the appearance of
				a member of APOC as his representative at any hearing within the Department
				pursuant to this Article.
3. The
				review, consideration and involvement in the program's decision making through
				membership on committees established by this Article.
4. By working with the BEP to establish
				training curricula and by serving as lecturers, faculty members, or in other
				roles at such training.
5. In
				addition, the BEP shall consult with APOC when advice and counsel may be of
				assistance to the program and Arizona's BEP operators.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-321 - Assessment against Net Proceeds of Operators

Current through Register Vol. 30, No. 28, July 12, 2024
A. The BEP shall set aside funds from the net
				proceeds of the operation of a business facility based on a monthly assessment
				schedule determined after consultation with APOC and approved by the Secretary
				of the U.S. Department of Education. The currently approved monthly assessment
				schedule is:
Net Proceeds
Assessment Schedule
First $400
2%
$401-$500
$8.00 plus 5%
$501-$600
$13.00 plus 10%
$601-$700
$23.00 plus 15%
$701 and over
$38.00 plus 20%
B.
				The funds set aside from the operator's monthly assessment shall be used only
				for the purposes stated in
				34 CFR
				395.9(b) (July 1, 1988),
				incorporated by reference and on file with the Office of the Secretary of
				State.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-322 - Guaranteed Fair Minimum of Return

Current through Register Vol. 30, No. 28, July 12, 2024
A. A guaranteed fair minimum of return shall
				be granted to a BEP operator by the BEP if the net proceeds over three
				consecutive months average less than the prevailing federal minimum wage and if
				the reason for the low net proceeds is beyond the control of the operator as
				determined by the BEP, following consultation with APOC. The need for a
				guaranteed fair minimum of return may be reflected in the monthly operator's
				report pursuant to
				R6-4-324(B)
				or may be requested by the BEP operator.
B. The BEP shall notify the BEP operator of
				approval or denial of the request for a fair minimum of return within 15
				calendar days of the operator's request.
C. Any denial by the BEP of a guaranteed fair
				minimum of return to a BEP operator shall be reduced to writing and issued by
				certified mail, return receipt requested, or in person and shall include the
				reasons for the determination and notice of the right to appeal.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-323 - Distribution and Use of Federal Unassigned Vending Machine Income

Current through Register Vol. 30, No. 28, July 12, 2024
Federal unassigned vending machine income shall be used for
				  BEP operator benefits as determined by a majority vote of all BEP operators in
				  the state at an all operator's meeting, and as limited by
				  34
				  CFR 395.8 (July 1, 1988), incorporated by
				  reference and on file with the Office of the Secretary of State. Any federal
				  unassigned vending machine income not necessary for such purposes shall be used
				  by the BEP for the maintenance and replacement of equipment, the purchase of
				  new equipment, management services, and assuring a fair minimum of return to
				  vendors.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-324 - Reports and Recordkeeping; Access to Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. The BEP operator shall maintain financial
				records of all operations in accordance with generally accepted accounting
				principles. These records shall be available for inspection by the Department
				and shall be retained by the operator at least five years unless involved in an
				audit by the Department. In case of an audit the records shall be retained
				until the audit is closed and any appeals finalized.
B. Each BEP operator shall submit to the
				Department a monthly operator's report by the date posted on the monthly
				billing statement issued by BEP to each operator. The operator's report shall
				be on a form prescribed by the Department, in consultation with APOC, and shall
				include the following information:
1. Gross
				sales which shall include the total of all sales of goods plus vending machine
				income.
2. Allowable business
				expenses.
3. Net profit.
4. Amount of monthly assessment.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-325 - Appeals

Current through Register Vol. 30, No. 28, July 12, 2024
A. A BEP candidate,
				trainee, or operator adversely affected by any decision made by the BEP shall
				have recourse to an administrative review and fair hearing pursuant to
				R6-4-404
				except that, for a BEP candidate or trainee, the decision of a hearing officer
				may be reviewed by the Department in accordance with
				34
				CFR 361.48(c)(2)(iv) (July
				1, 1988), incorporated by reference and on file with the Office of the
				Secretary of State. The decision of the hearing officer shall be final 20 days
				from the mailing of the hearing officer's decision if no further action is
				taken by the Department. For a BEP candidate or trainee, a final decision may
				be appealed through judicial review pursuant to A.R.S. §
									12-901 et
				seq.
B. A final decision of the
				Department may be appealed by a BEP operator either through judicial review
				pursuant to A.R.S. §
									12-901 et
				seq. or through the Secretary of the U.S. Department of Education pursuant to
				34 CFR
				395.13 (July 1, 1988), incorporated by
				reference and on file with the Office of the Secretary of State.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 4 - OTHER RULES AND PROVISIONS THAT RELATE TO PROVIDING SERVICES TO INDIVIDUALS › Section R6-4-401 - Order of Selection

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The order of selection is an organized, equitable method for serving selected
				groups of handicapped individuals in their order of priority if all eligible
				individuals who apply cannot be served.
B. The state agency shall maintain the
				following order of selection:
1. The severely
				handicapped (as defined by R.S.A. Chapter 3005.00, Statistical Reporting
				System);
2. The disabled public
				assistance recipients;
3. The
				deaf-blind. This target group population is comprised of those handicapped
				individuals who are:
a. Visually impaired
				within the definition used by SBS for eligibility for Vocational Rehabilitation
				services;
b. Deaf to the extent
				that the individual is not able to hear normal speech with or without
				amplification or not expected to be able to do so in the near future as a
				result of a progressive disease process; and
c. Who need services not available
				traditionally in programs serving either one or the other of disability groups
				alone.
4. The
				developmentally disabled.
a. The term
				"developmental disability" means a disability of a person which:
i. Is attributable to mental retardation,
				cerebral palsy, epilepsy or autism;
ii. Is attributable to any other condition of
				a person found to be closely related to mental retardation because such
				condition results in similar impairment of general intellectual functioning or
				adaptive behavior to that of mentally retarded persons or requires treatment
				and services similar to those required for such persons; or
iii. Is attributable to dyslexia resulting
				from a disability described in subsection (B)(4)(a)(i) or (ii);
b. Originates before such person
				attains age 18;
c. Has continued or
				can be expected to continue indefinitely; and
d. Constitutes a substantial handicap to such
				person's ability to function normally in society.
5. All other eligible vocationally
				handicapped individuals with the state.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 4 - OTHER RULES AND PROVISIONS THAT RELATE TO PROVIDING SERVICES TO INDIVIDUALS › Section R6-4-403 - Economic Need and Similar Benefits

Current through Register Vol. 30, No. 28, July 12, 2024
A. Economic need criteria.
1. Economic need. The purpose of economic
				need criteria is to determine whether the client will contribute, in whole or
				in part, to the cost of those services for which an economic need test is
				required or not.
a. An economic need test
				shall be applied for the following services:
i. Physical and mental restoration
				services;
ii.
				Maintenance;
iii. Transportation
				for other than diagnostic purposes;
iv. Services to members of a handicapped
				individual's family necessary to the adjustment or rehabilitation of the
				handicapped individual;
v.
				Telecommunications, sensory and other technological aids and devices;
vi. Occupational licenses, tools, equipment
				and initial stocks (including livestock) and supplies (including training books
				and materials);
vii. Other goods
				and services which can reasonably be expected to benefit a handicapped
				individual in terms of his employability;
viii. Nondiagnostic services provided to a
				client in extended evaluation are subject to economic need criteria.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 10 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 10
				consisting of Sections R6-5-1001 through R6-5-1003 repealed effective August 3,
				1978.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 11 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 11
				consisting of Sections R6-5-1101 through R6-5-1109 repealed effective August
				11, 1976.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 12 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 12
				consisting of Sections R6-5-1201 through R6-5-1206 repealed effective May 17,
				1976.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 13 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 13
				consisting of Sections R6-5-1301 through R6-5-1309 repealed effective November
				23, 1976.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 14 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 14
				consisting of Sections R6-5-1401 through R6-5-1413 repealed effective May 24,
				1976.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 15 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 15
				consisting of Sections R6-5-1501 through R6-5-1504 repealed effective August
				11, 1976.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 17 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 17
				consisting of Sections R6-5-1701 through R6-5-1704 repealed effective August
				11, 1976.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 18 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 18
				consisting of Sections R6-5-1801 through R6-5-1804 repealed effective August
				11, 1976.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 19 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 19
				consisting of Sections R6-5-1901 through R6-5-1906 repealed effective July 6,
				1976.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 21 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 21
				consisting of Sections R6-5-2101 through R6-5-2110 repealed effective November
				8, 1982.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 22 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 22
				consisting of Sections R6-5-2202 through R6-5-2209 repealed effective November
				8, 1982.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 24 - APPEALS AND HEARINGS › Section R6-5-2404 - Basis for a Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person will be granted a hearing for any of the following reasons:
1. Right to apply for social services has
				been denied.
2. Application is
				denied in whole or in part.
3.
				Action on an application has not been taken by the Department within 30 days of
				the date of application.
4. Service
				is suspended, terminated or reduced when such action has occurred as a result
				of an eligibility determination.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 24 - APPEALS AND HEARINGS › Section R6-5-2405 - Hearing Process

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Filing of appeal
1. A request for a hearing
				shall be filed in writing with the Department or provider within 15 calendar
				days after the mailing date of the decision letter, except that for appeals on
				denying, revoking or suspending a license of a child welfare agency or foster
				home the request shall be filed within 20 calendar days.
2. Except as otherwise provided by statute or
				by Department regulation, any appeal, application, request, notice, re- port,
				or other information or document submitted to the Department shall be
				considered received by and filed with the Department:
a. If transmitted via the United States
				Postal Service or its successor, on the date it is mailed. The mailing date
				will be as follows:
i. As shown by the
				postmark.
ii. In the absence of a
				postmark the postage-meter mark of the envelope in which it is
				received;
iii. If not postmarked or
				postage-meter marked, or if the mark is illegible, the date entered on the
				document as the date of completion.
b. If transmitted by any means other than the
				United States Postal Service or its successor, on the date it is received by
				the Department.
c. The submission
				of any appeal, application, request, notice, report or other information or
				document not within the specified statutory or regulatory period shall be
				considered timely if it is established to the satisfaction of the Department
				that the delay in submission was due to Department error or misinformation or
				to delay or other action of the United States Postal Service or its
				successor.
d. Any notice,
				determination, decision or other data mailed by the Department shall be
				considered as having been given to the addressee to whom it is directed on the
				date it is mailed to the addressee's last known address. The date mailed shall
				be presumed to be the date of the notice, determination, decision or other data
				unless otherwise indicated by the facts. Computation of time shall be made in
				accordance with Rule 6(a) of the Rules of Civil Procedure, 16 A.R.S.
3. Benefits shall not be reduced
				or terminated prior to a hearing decision unless due to a subsequent change in
				household eligibility another notice of adverse action is received and not
				timely appealed.
4. The local
				office or provider shall advise the client of any community legal services
				available and, when requested, shall assist in completing the hearing
				request.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 28 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 28
				consisting of Sections R6-5-2801 through R6-5-2804 repealed effective November
				8, 1982.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 30 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 30,
				consisting of Sections R6-5-3001 through R6-5-3007, repealed effective August
				29, 1984.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 31 - REPEALED

Current through Register Vol. 30, No. 28, July 12, 2024
Former Article 31,
				consisting of Sections R6-5-3101 through R6-5-3110, repealed effective November
				8, 1982.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 33 - ACHIEVING A BETTER LIFE EXPERIENCE › Section R6-5-3301 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply to this Article:
1. "ABLE" means the Achieving a Better Life
				Experience Act.
2. "Account" means
				an individual account in the fund established as prescribed for a single
				designated beneficiary.
3.
				"Aggregate Account Balance" means the total amount in an account on a
				particular date.
4. "Applicant"
				means any individual who applies to open an Account in the Program.
5. "Cash" means personal check, cashier's
				check, money order, debit card, Automated Clearing House (ACH) payments, or a
				similar cash equivalent.
6. "Code"
				means the federal Internal Revenue Code of 1986, as amended ( 26 U.S.C. 529A
				).
7. "Committee" means the same as
				in A.R.S. §
									46-901(3).
8. "Department" means the Arizona Department
				of Economic Security.
9.
				"Designated Beneficiary" means the same as in A.R.S. §
									46-901(5).
10. "Designated Representative" means a
				person who is authorized to act on behalf of a Designated
				Beneficiary.
11. "Disability
				Certification" means the certification described in Section 529A of the
				Code.
12. "Eligible Individual"
				means the same as in A.R.S. §
									46-901(6).
13. "IRS" means the federal Internal Revenue
				Service.
14. "Program" means the
				same as in A.R.S. §
									46-901(9).
15. "Program Manager" means the entity
				selected by the Department for the Program in accordance with A.R.S. §
									46-903(C)(1)
				-(8).
16. "Qualified Disability
				Expenses" means the same as in A.R.S. §
									46-901(10).
17. "Qualified Withdrawal" or "Qualified
				Distribution" means a withdrawal from an Account to pay Qualified Disability
				Expenses of the Designated Beneficiary.
18. "Secretary" means the United States
				Secretary of the Treasury or his/her delegate.
19. "SSA" means the Social Security
				Administration.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 33 - ACHIEVING A BETTER LIFE EXPERIENCE › Section R6-5-3302 - Program Manager

Current through Register Vol. 30, No. 28, July 12, 2024
Responsibilities of the Program Manager:
1. The Program Manager shall implement the
				Program, including the administration and management of the Program.
2. The Program Manager shall ensure adequate
				safeguards to prevent aggregate contributions on behalf of a Designated
				Beneficiary in excess of the limit established by the Department under section
				529(b)(6) of the Code. For purposes of this Section, aggregate contributions
				include contributions under any prior qualified ABLE program of any state or
				agency or instrumentality of either.
3. The Program Manager shall compile or cause
				to be compiled the necessary information to complete any reports.
4. The Program Manager may contract with
				third parties to assist the Department and Program Manager in the educational
				and promotional activities for the Program.
5. The Program Manager may use forms provided
				or promulgated by the SSA, the IRS, or other federal agencies for the purposes
				of the ABLE Program. The Program Manager may also promulgate its own forms
				reasonably necessary to implement the ABLE Program.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 33 - ACHIEVING A BETTER LIFE EXPERIENCE › Section R6-5-3303 - Fees

Current through Register Vol. 30, No. 28, July 12, 2024
1. The Program
				Manager may impose administrative, maintenance, investment management and
				investment fees on Designated Beneficiaries.
2. The Program Manager may impose a
				nonrefundable application fee to review and process paper
				applications.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 33 - ACHIEVING A BETTER LIFE EXPERIENCE › Section R6-5-3304 - Opening an Account

Current through Register Vol. 30, No. 28, July 12, 2024
1. To
				open an Account in the Program, an individual shall submit a completed
				application form, pay the application fee, if any, and pay an initial minimum
				contribution to the Account, if any, to the Program Manager at
				https://az-able.com/.
2. The
				Program Manager may require a minimum initial contribution to open an
				Account.
3. The content of the
				application form shall be prescribed by the Program Manager, but shall include
				at a minimum, the following information:
a.
				The name, address, social security number and birth date of the Designated
				Beneficiary;
b. The name, address
				and social security number of the Designated Representative, if the Designated
				Beneficiary is not the applicant;
c. Evidence that the Designated Beneficiary
				is an Eligible Individual;
d. Any
				additional information required by the Program Manager.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 33 - ACHIEVING A BETTER LIFE EXPERIENCE › Section R6-5-3305 - Contributions

Current through Register Vol. 30, No. 28, July 12, 2024
1. Any person may
				make contributions to an Account, subject to the limitations imposed by federal
				law.
2. Except in the case of
				program-to-program transfers, contributions may be made in cash or a similar
				cash equivalent.
3. Annual
				contributions to an Account from all sources, except contributions received in
				program-to-program transfers, are limited to the per-beneficiary amount
				excluded from the federal gift tax under federal law.
4. Excess contributions and excess aggregate
				contribution shall be returned to contributors.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 33 - ACHIEVING A BETTER LIFE EXPERIENCE › Section R6-5-3306 - Statements

Current through Register Vol. 30, No. 28, July 12, 2024
1. Account
				statements shall be provided to Designated Beneficiaries and Designated
				Representatives in accordance with the Act.
2. Account statements may be provided to
				other individuals authorized to receive that information under the Electronic
				Signatures in Global and National Commerce Act ( 15 U.S.C. 96
et
				seq
.) and the Truth in Lending Act ( 15 U.S.C. 1601
et
				seq
.).
3. The Account
				statements may be provided using U.S. Mail or provided electronically via
				website access or e-mail, as selected by the Designated Beneficiary or
				Designated Representative.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 33 - ACHIEVING A BETTER LIFE EXPERIENCE › Section R6-5-3307 - Program-to-Program Transfers and Rollovers

Current through Register Vol. 30, No. 28, July 12, 2024
1. Subject to federal law, the Program shall
				permit a program-to-program transfer through which a Designated Beneficiary
				transfers the entire amount of an Account from the AZ ABLE Program to or from a
				different state's ABLE program, or for the transfer of an Account from a
				Designated Beneficiary to another Eligible Individual who is a member of the
				family of the former Designated Beneficiary, without any intervening
				distribution.
2. Subject to federal
				law, the Program shall permit rollovers through which a contribution to an
				Account of a Designated Beneficiary (or an Eligible Individual who is a member
				of the family of the Designated Beneficiary) of all or a portion of the amount
				withdrawn from the Designated Beneficiary's Account, provided the contribution
				is made within 60 days of the date of the withdrawal, and, in the case of a
				rollover to the Designated Beneficiary's Account, no rollover has been made to
				another account established under an ABLE program within the prior 12
				months.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4902

Current through Register Vol. 30, No. 28, July 12, 2024
The following
				  Section was adopted under an exemption from the provisions of A.R.S. Title 41,
				  Chapter 6, pursuant to Laws 1997, Ch. 300, § 74(A). Exemption from A.R.S. Title
				  41, Chapter 6 means the Department did not submit notice of proposed rulemaking
				  to the Secretary of State for publication in the Arizona Administrative
				  Register; the Department did not submit these rules to the Governor's
				  Regulatory Review Council for review and approval; and the Department was not
				  required to hold public hearings on this
				  Section.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4903

Current through Register Vol. 30, No. 28, July 12, 2024
The following
				  Section was adopted under an exemption from the provisions of A.R.S. Title 41,
				  Chapter 6, pursuant to Laws 1997, Ch. 300, § 74(A). Exemption from A.R.S. Title
				  41, Chapter 6 means the Department did not submit notice of proposed rulemaking
				  to the Secretary of State for publication in the Arizona Administrative
				  Register; the Department did not submit these rules to the Governor's
				  Regulatory Review Council for review and approval; and the Department was not
				  required to hold public hearings on this
				  Section.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4904 - Access to Child Care Assistance

Current through Register Vol. 30, No. 28, July 12, 2024
A. Application for Child Care Assistance.
1. Any person may apply for Child Care
				Assistance by filing, either in person or by mail, a Department-approved
				application form with any CCA office.
2. The application file date is the date any
				CCA office receives an identifiable application. An identifiable application
				contains, at a minimum, the following information:
a. The legible name and address of the person
				requesting assistance; and
b. The
				signature, under penalty of perjury, of the applicant or, if the applicant is
				incompetent or incapacitated, someone legally authorized to act on behalf of
				the applicant.
3. In
				addition to the identifiable information described in subsection (A)(2), a
				completed application shall contain:
a. The
				names of all persons living with the applicant and the relationship of those
				persons to the applicant, and
b.
				All other eligibility information requested on the application form.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6k-5-4906 - Verification of Eligibility Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall obtain independent
				verification or corroboration of information provided by the client when
				required by law, or when it is necessary to determine eligibility, fee level
				and copayment assignment, or service authorization amount.
B. The Department may verify or corroborate
				information by any reasonable means including:
1. Contacting third parties such as employers
				and educational institutions,
2.
				Asking the client to provide written documentation such as pay stubs or school
				schedules, and
3. Conducting a
				computer data match through other Department programs' computer
				systems.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4907 - Withdrawal of an Application

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant may withdraw an application
				at any time prior to its disposition by providing the Department with a written
				request for withdrawal signed by the applicant.
B. If an applicant makes an oral request to
				withdraw an application:
1. The Department
				shall accept the oral request, provide the applicant with a written withdrawal
				form, and request that the applicant complete the form and return it to the
				Department. The Department shall inform the applicant of the consequences of
				not returning the withdrawal form within 10 days of the notice date.
2. If the applicant fails to return the
				completed withdrawal form, the Department shall deny the application for
				failure to provide information unless the applicant rescinds the oral
				withdrawal request within 10 days of the date the Department provides the
				applicant a withdrawal form.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4908 - Child Care Assistance Approvals and Denials

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall complete the
				eligibility determination within 30 calendar days of the application file date
				or referral receipt date, unless:
1. The
				application or referral is withdrawn,
2. The application or referral is rendered
				moot because the applicant has died or cannot be located, or
3. There is a delay resulting from a
				Department request for additional verification information as provided in
				R6-5-4906(D).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4909 - 12-month Review

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall complete a review of all eligibility factors for each
				client at least once every 12 months, beginning with the 12th month following
				the first month of Child Care Assistance eligibility.
B. The Department may elect to review
				eligibility factors more frequently than every 12 months.
C. At least 30 days prior to the 12-month
				review date, the Department shall mail the client a notice advising of the need
				for a review, and the requirement to submit a completed review application and
				verification of income and other eligibility factors for the most recent
				calendar month.
D. In response to
				such notice, the client shall mail or deliver to the Department a completed
				review application and verification by the date on the notice.
E. The Department shall verify the client's
				income and any eligibility factors that have changed or are subject to
				change.
F. The Department shall
				terminate Child Care Assistance effective the review date and deny the review
				application if the client:
1. Fails to submit
				the review application by the review date, or
2. Fails to submit requested verification by
				the review date as required by the Department for a redetermination of
				eligibility.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4910 - Reinstatement of Assistance

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the Department has terminated Child
				Care Assistance, the Department shall not reinstate assistance unless the
				client files a new application.
B.
				Notwithstanding subsection (A), the Department shall reinstate assistance
				within 10 calendar days when:
1. Termination
				was due to Department error; the Department shall reinstate assistance
				effective the date following the date of termination;
2. The Department receives a court order or
				administrative hearing decision mandating reinstatement; the Department shall
				reinstate assistance effective the date prescribed by the court order or
				hearing decision; or
3. The
				recipient files a request for a fair hearing within 10 days of the notice date
				of the termination notice and requests that assistance be continued pending the
				outcome of an appeal; the Department shall reinstate assistance effective the
				date following the date of termination.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4911 - General Eligibility Criteria

Current through Register Vol. 30, No. 28, July 12, 2024
A. Applicant and Recipient Responsibility.
1. An applicant for or recipient of Child
				Care Assistance shall cooperate with the Department as a condition of initial
				and continuing eligibility. The client shall:
a. Give the Department complete and truthful
				information;
b. Within two business
				days from the date the change becomes known, inform the Department of all
				changes in:
i. Income;
ii. Eligible activities as described in
				R6-5-4912;
iii. Work or school
				schedules;
iv. Persons moving in or
				out of the household;
v. Tax
				claimants moving in or out of the household;
vi. Other circumstances affecting eligibility
				or the amount of assistance authorized; and
c. Comply with all the Department's
				procedural requirements.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4913 - Applicants and Recipients As Child Care Providers

Current through Register Vol. 30, No. 28, July 12, 2024
A. The client for Child Care Assistance may
				also be the child care provider for any child for whom assistance is requested
				when:
1. The client works for but is not the
				DES contracted party for the provision of Child Care Assistance;
2. The client receives monetary compensation
				for work performed as a child care provider;
3. The client cares for other unrelated
				children, for whom client does not receive Child Care Assistance, as well as
				for the child for whom the client has applied for Child Care Assistance;
				and
4. The client is unavailable to
				provide care to the child for whom assistance is requested. When the client is
				also the child care provider, this is defined as:
a. There is no "not for compensation" slot
				available for the child; and
b.
				Caring for the child as well as for the other children for whom the child care
				provider receives compensation, would exceed the ratio per state certification
				or licensing standards pursuant to A.R.S. §
											36-897.01
				and 6 A.A.C. 5, Article 52.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4914 - Income Eligibility Criteria

Current through Register Vol. 30, No. 28, July 12, 2024
A. Child Care Assistance Without Regard to
				Income. The Department shall not determine income eligibility for Child Care
				Assistance for the following:
1. Jobs
				participants who need Child Care Assistance to participate in the Jobs Program,
				and who are referred to CCA as prescribed in
				R6-5-4904(B).
2. Cash Assistance participants who need
				Child Care Assistance to maintain employment.
3. CPS referred families, and CPS or DDD
				foster families who need Child Care Assistance as documented in a CPS or foster
				care case plan, and who are referred to CCA as prescribed in
				R6-5-4904(B).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4915 - Fee Level and Copayment Assignment

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall assign a fee level to
				the family based on family size and monthly gross countable income, as
				specified in Appendix A.
B. The
				Department shall assign individual minimum required copayment amounts for each
				child in the family based on the fee level assignment, and the number of
				children needing care, as specified in Appendix A.
C. The Department shall not assign a fee
				level or minimum required copayment to Jobs participants, Cash Assistance
				participants who need Child Care Assistance for employment, or families
				determined eligible and referred by CPS or DDD.
D. When a client fails to pay the
				DES-required copayment, or fails to make satisfactory arrangements for payment
				of the DES-required copayment with a child care provider, the client is
				ineligible for Child Care Assistance.
E. When the Department has determined that an
				client is ineligible for Child Care Assistance due to nonpayment of the
				copayment, the client is ineligible for any Child Care Assistance program that
				requires a copayment until past-due copayments have been paid, or until
				satisfactory arrangement have been made with the provider for
				payment.
The following
				  Section was adopted under an exemption from the provisions of A.R.S. Title 41,
				  Chapter 6, pursuant to Laws 1997, Ch. 300, § 74(A). Exemption from A.R.S. Title
				  41, Chapter 6 means the Department did not submit notice of proposed rulemaking
				  to the Secretary of State for publication in the Arizona Administrative
				  Register; the Department did not submit these rules to the Governor's
				  Regulatory Review Council for review and approval; and the Department was not
				  required to hold public hearings on this
				  Section.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4916 - Special Eligibility Criteria

Current through Register Vol. 30, No. 28, July 12, 2024
A. Transitional Child Care
1. Former Cash Assistance participants who
				are attempting to achieve independence from the Cash Assistance program, who
				need Child Care Assistance for employment, and who are otherwise eligible shall
				receive up to 24 months of Transitional Child Care Assistance.
2. The former Cash Assistance participant
				shall have received Cash Assistance in Arizona in at least one month and shall
				apply for Child Care Assistance within six months after the Cash Assistance
				case closure date.
3. The former
				Cash Assistance participant and any other parent or responsible person in the
				household shall need Child Care Assistance to maintain employment.
4. The most recent Cash Assistance case
				closure shall not have been due to a sanction for Jobs or Child Support
				noncompliance, and the Cash Assistance participant shall not have been
				sanctioned due to intentional program violation (IPV) at the time of the most
				recent Cash Assistance case closure.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4917 - Waiting List for Child Care Assistance

Current through Register Vol. 30, No. 28, July 12, 2024
A. Implementation of a Waiting List for Child
				Care Assistance.
1. The Department may
				implement a waiting list for Child Care Assistance whenever it determines that
				sufficient funding is not available to sustain benefits for all of the
				applicants requesting assistance.
a. The
				Department may implement a waiting list for all applicants under subsection
				(B); or,
b. The Department may
				implement a partial waiting list and prioritize access to Child Care Assistance
				for applicants based on income under subsection (D).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4918 - Authorization of Child Care Assistance

Current through Register Vol. 30, No. 28, July 12, 2024
A. Authorization Based on Eligible Activity
				or Need. The Department shall authorize Child Care Assistance for a portion of
				each 24-hour day based on the verified eligible activity or need of the parent
				and responsible person for the child needing care.
B. Authorization Based on Unavailability. The
				amount of Child Care Assistance authorized by the Department shall be based on
				the amount of time that the client and any other parent or responsible person
				in the household are unavailable or incapable to provide care to their own
				children due to an eligible activity or need as prescribed in
				R6-5-4911(F)
				and R6-5-4912. When there are two or more parents or responsible persons in the
				household, Child Care Assistance shall be authorized for the amount of time
				that neither parent or responsible person is available due to an eligible
				activity or need.
C. Authorization
				for Self-employment Activities.
1. The
				Department shall authorize Child Care Assistance for self-employment activities
				based on monthly net income divided by the current hourly minimum wage
				standard.
2. Authorization of Child
				Care Assistance for self-employment activities shall not exceed the lesser of:
a. The maximum number of Child Care
				Assistance units that can be authorized as prescribed in subsections (B) and
				(D), or
b. The number of hours
				calculated by dividing monthly net income from self-employment by the amount of
				the hourly minimum wage standard, or
c. The number of hours of Child Care
				Assistance needed by the client to perform self employment
				activities.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 5 - DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES › Article 49 - CHILD CARE ASSISTANCE › Section R6-5-4919 - Time Limit for Child Care Assistance

Current through Register Vol. 30, No. 28, July 12, 2024
Under A.R.S. §
									46-803(K),
				  each child shall receive time-limited Child Care Assistance, unless the child's
				  parents or caretakers qualify for an extension under this Section.
A. Clients Who Are Subject To the Time Limit.
1. Clients who are not Cash Assistance
				participants but who need Child Care Assistance to maintain
				employment;
2. Teen parents who
				need Child Care Assistance for educational activities under
				R6-5-4912(D);
				and
3. Clients who need Child Care
				Assistance because they are unable or unavailable to care for their own
				children due to physical, mental, or emotional disability, participation in a
				drug treatment or court-ordered community service program, or residency in a
				homeless or domestic violence shelter under
				R6-5-4912(F).