reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 10 - DEPARTMENT OF ECONOMIC SECURITY - THE JOBS PROGRAM › Article 1 - THE JOBS PROGRAM: GENERAL PROVISIONS › Section R6-10-121 - Transitional Support Services

Current through Register Vol. 30, No. 28, July 12, 2024
Participants who have entered unsubsidized employment and
				  subsequently become ineligible for TANF Cash Assistance may be eligible to
				  receive transitional support services, as Department budget permits, for up to
				  180 days from the first day of the month following the month of the TANF Cash
				  Assistance case closure when it has been verified by the Jobs Program that the
				  participant was employed in unsubsidized employment at the time of TANF Cash
				  Assistance case closure. Transitional support services include those identified
				  in
				  R6-10-120
				  and:
1. Post-employment case
				management; and
2. Post-employment
				education and training opportunities.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 10 - DEPARTMENT OF ECONOMIC SECURITY - THE JOBS PROGRAM › Article 1 - THE JOBS PROGRAM: GENERAL PROVISIONS › Section R6-10-122 - Participant Complaint Resolution

Current through Register Vol. 30, No. 28, July 12, 2024
A. This Section applies to participant
				complaints about the Jobs Program, including complaints about service
				providers.
B. Each service provider
				shall establish a written complaint resolution procedure that shall be posted
				and given to participants. The complaint resolution procedure shall include an
				opportunity for an informal dispute resolution meeting between the participant
				and the service provider and inform the participant of the right to elevate the
				complaint to the Program Administrator if the participant is not satisfied with
				the service provider decision.
C. A
				participant shall continue to participate in the Jobs Program while the
				complaint resolution is pending, unless the participant has established a good
				cause reason for not participating. If a participant fails to participate, the
				Jobs Program shall initiate the sanction process as provided in
				R6-10-124
				or withholding as provided in
				R6-10-125.
D. A participant shall use all applicable
				steps of the following process to seek a resolution of a complaint:
1. The participant shall attempt to
				informally resolve a complaint at the lowest management level. However, if a
				participant believes that a complaint to the service provider would be futile,
				the participant may complain directly to the Program Administrator under
				R6-10-122(D)(4).
2. The participant
				shall submit the complaint orally or in writing to the participant's service
				provider. The service provider shall assist the participant with writing the
				complaint upon request of the participant.
3. Upon receipt of the participant's
				complaint, the service provider shall respond in writing within seven days of
				the date the complaint was received. The response shall provide the reason for
				the decision and identify any action taken by the provider to remedy the
				complaint. The response shall explain the participant's right to elevate the
				complaint for review to the Program Administrator or designee if the
				participant does not agree with the decision.
4. If the service provider takes no action to
				resolve the complaint or the participant is not satisfied with the action, the
				participant may submit a complaint orally or in writing to the Program
				Administrator or designee.
5. The
				Program Administrator or designee shall issue a written decision within 30 days
				after the date the complaint is received. The Program Administrator or designee
				shall consider the participant's employment and career development plan,
				applicable statutes, rules, and policy, and, if applicable, the terms of the
				service provider's contract in reaching a decision.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 10 - DEPARTMENT OF ECONOMIC SECURITY - THE JOBS PROGRAM › Article 1 - THE JOBS PROGRAM: GENERAL PROVISIONS › Section R6-10-123 - Failure to Participate; Good Cause Reasons; Verification

Current through Register Vol. 30, No. 28, July 12, 2024
A. Failure to participate includes:
1. Failure to appear for a scheduled
				appointment with a Jobs Program case manager;
2. Failure to attend a scheduled work
				activity, assessment, or appointment that is documented in the employment and
				career development plan;
3.
				Refusing to submit a completed application for employment, when
				required;
4. Refusing to accept
				suitable employment, voluntarily reducing employment hours, or voluntarily
				quitting employment without good cause, as described at R6-10-123(F);
5. Providing false or inaccurate information
				to a Jobs Program case manager;
6.
				Behaving in a manner that constitutes a threat or hazard to agency staff or
				others; or
7. Intentionally
				disrupting an activity or the orderly administration of the overall program,
				such as:
a. Attending, but refusing to
				participate in a class, workshop, or other assigned activity; or
b. Disruptive behavior that makes it
				difficult to conduct an activity.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 10 - DEPARTMENT OF ECONOMIC SECURITY - THE JOBS PROGRAM › Article 1 - THE JOBS PROGRAM: GENERAL PROVISIONS › Section R6-10-124 - All Assistance Units, Except TPEP Assistance Units: Sanction Process

Current through Register Vol. 30, No. 28, July 12, 2024
If a participant fails to participate in work activities
				  without good cause under
				  R6-10-123,
				  the case manager shall initiate the sanction process.
1. Case review. Before requesting a sanction,
				the case manager shall review the case to determine whether all necessary steps
				have been taken, including barrier identification, available service referrals,
				and an opportunity to establish good cause.
2. Notice. If a sanction is approved by a
				Jobs Program supervisor, the Jobs Program case manager shall send the
				participant a written Notice of Adverse Action under A.A.C.
				R6-12-907.
3. Preventing sanction progression. The Jobs
				Program shall send additional written notification to a participant within five
				days of mailing the Notice of Adverse Action for a 50 percent sanction and
				state that the participant may attend a Last Chance to Stop the Sanction
				Appointment in order to prevent the sanction from progressing to termination of
				the assistant unit's Cash Assistance grant, pursuant to A.R.S. §
									46-300(D).
				The Jobs Program shall schedule an appointment ten days from the date on the
				notice. A participant may attend the appointment, develop an employment and
				career development plan, and begin and continue to participate in the
				established work activity to continue to demonstrate compliance. If a barrier
				is identified, the Jobs Program case manager shall follow the process in
				R6-10-123(B).
4. Sanction levels. The Department shall
				impose a sanction, which is a percentage of the original cash assistance
				amount, in accordance with A.R.S. §
									46-300.
5. A participant who wishes to appeal a
				sanction may request an appeals hearing under A.A.C.
				R6-12-1002.
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.
				  Subsequently, this Section was renumbered by final rulemaking. Please refer to
				  historical note.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 10 - DEPARTMENT OF ECONOMIC SECURITY - THE JOBS PROGRAM › Article 1 - THE JOBS PROGRAM: GENERAL PROVISIONS › Section R6-10-125 - TPEP: Failure to Participate; Withholding

Current through Register Vol. 30, No. 28, July 12, 2024
A. If one parent of a TPEP assistance unit
				fails to comply with Jobs Program requirements, the Jobs Program shall
				determine whether good cause exists under
				R6-10-123(F).
B. If the Jobs Program determines that the
				TPEP parent failed to participate without good cause, the Department shall
				withhold TANF Cash Assistance.
C.
				TANF Cash Assistance shall be withheld until a participant complies with Jobs
				Program requirements and demonstrates compliance. The Jobs Program shall send
				the participant a Notice of Adverse Action notice at least ten days before the
				change in TANF Cash Assistance takes effect. This notice shall include:
1. The date and location of the alleged
				failure to participate;
2. How or
				why the participant failed to participate;
3. The month in which the Department intends
				to impose the withholding;
4. The
				length of time that the withholding will be imposed;
5. How the participant can stop the proposed
				withholding or resume participation; and
6. Department contact information where a
				participant may request more information regarding the withholding of the
				participant's TANF Cash Assistance.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 10 - DEPARTMENT OF ECONOMIC SECURITY - THE JOBS PROGRAM › Article 1 - THE JOBS PROGRAM: GENERAL PROVISIONS › Section R6-10-126 - Jobs Program Eligibility After the TANF Cash Assistance Time Limit

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Jobs Program
				case management and employment services shall continue for up to 12 months
				after:
1. A participant's TANF Cash
				Assistance closed due to the time limit in A.R.S. §
										46-294(G);
2. The Jobs Program case is active at the
				time the TANF Cash Assistance case is closed; and
3. The participant does not have a Jobs
				Program sanction imposed in the month of case closure.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 10 - DEPARTMENT OF ECONOMIC SECURITY - THE JOBS PROGRAM › Article 3 - JOB DISPLACEMENT GRIEVANCE PROCEDURES › Section R6-10-301 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in
				  R6-10-101, the
				  following definitions apply to Article 3, unless the context otherwise
				  requires:
1. "Displacement" means
				assignment of a participant to a position that:
a. Results in the termination or reassignment
				of a regular employee;
b. Results
				in the reduction of non-overtime work, wages, or benefits for a regular
				employee;
c. Fills the position of
				a regular employee on layoff status; or
d. Creates a new position for the participant
				that has substantially the same job functions as the position held by a regular
				employee who is on layoff or subsequently terminated;
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 10 - DEPARTMENT OF ECONOMIC SECURITY - THE JOBS PROGRAM › Article 3 - JOB DISPLACEMENT GRIEVANCE PROCEDURES › Section R6-10-302 - Job Displacement

Current through Register Vol. 30, No. 28, July 12, 2024
An employee who has been displaced by a Jobs Program
				  participant may file a grievance, as prescribed in this
				  Article.
The following
				  Section was amended 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 10 - DEPARTMENT OF ECONOMIC SECURITY - THE JOBS PROGRAM › Article 3 - JOB DISPLACEMENT GRIEVANCE PROCEDURES › Section R6-10-303 - Grievance Process

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Jobs Program shall provide information to regular employees and employers
				regarding the regular employee's right to file a grievance and the procedure
				for doing so.
B. An aggrieved party
				may seek to informally resolve a grievance with the Department or may request
				an appeals hearing with the Department's Office of Appeals.
C. To pursue informal resolution, an
				aggrieved party shall file a grievance within 20 days of the alleged
				displacement with the Department. The grievance shall contain the following
				information:
1. Aggrieved party's name,
				address, telephone number, and email address, if available;
2. Date of the grievance;
3. Contact person, if other than the
				aggrieved party;
4. Department
				contact information, address, telephone number, and email address, if
				available;
5. A description of the
				action that is the subject of the grievance and the date of the action;
				and
6. The proposed
				resolution.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 1 - GENERAL PROVISIONS › Section R6-11-101 - Administrative Agency

Current through Register Vol. 30, No. 28, July 12, 2024
The Arizona Department of Economic Security (DES) is the
				  state agency responsible for administration of Job Training Partnership Act
				  (JTPA) programs, designated by the Governor of Arizona, pursuant to P.L. 97-300
				  as amended.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 1 - GENERAL PROVISIONS › Section R6-11-102 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions shall apply in this Chapter, unless
				  the context otherwise requires:
1. "Administrative entity" means the organizations or
				  agencies designated by the Private Industry Council (PIC) to operate the
				  programs for the Service Delivery Area (SDA) grant recipient.
2. "DES or the Department" means the Arizona Department of
				  Economic Security.
3. "Direct subrecipient" means a subrecipient which contracts
				  directly with DES to receive JTPA funds.
4. "Economically disadvantaged" means an individual as
				  described in Section 4(8) of JTPA.
5. "Grant recipient" means the organization or agency
				  designated by the Private Industry Council (PIC) and local elected officials to
				  contract and receive funds for the Service Delivery Area (SDA) under Title II
				  of JTPA.
6. "Interested party" means an individual who participates in
				  or applies for participation in a program administered under JTPA or a person
				  or organization which is directly or adversely affected by the action or
				  inaction of DES with regard to JTPA.
7. "JTPA" means the Job Training Partnership Act of 1982,
				  P.L. 97-300, as amended.
8. "Needs-based payment" means cash payments based on need
				  providing direct benefits to individual participants to enable them to
				  participate in a training program under JTPA.
9. "Private Industry Council (PIC)" means the group of
				  individuals from the public and private sectors certified by the Governor to
				  plan and oversee the Title II programs under JTPA.
10. "Service Delivery Area (SDA)" means the geographical area
				  designated by the Governor in which a comprehensive program pursuant to JTPA
				  will be planned by a certified PIC.
11. "Stop-gap employment" means work which an applicant does
				  only because he has lost the customary work for which his training, experience
				  or work history qualifies him. Employment would be considered "stop-gap" if the
				  salary is substantially below the salary of the applicant's primary occupation
				  and if he is working substantially under the skill level of his customary
				  occupation. Regardless of the number of hours devoted to the stop-gap work
				  activity, it is considered odd-job work outside the customary occupation for
				  which he is qualified.
12. "Subrecipient" means any person, organization or other
				  entity which receives JTPA funds either directly or indirectly from DES.
				  Depending on local circumstances, the PIC, local elected official, or
				  administrative entity may be a subrecipient.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 1 - GENERAL PROVISIONS › Section R6-11-103 - Eligibility Criteria

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Applicants shall be determined eligible for enrollment into JTPA programs if
				they meet the requirements set forth in both the General Criteria (subsection
				(B) below) and the respective Specific Criteria (subsection (C) below) or
				otherwise comply with Section 181(k) of JTPA.
B. General criteria. Applicants must meet the
				following:
1. Be citizens or nationals of the
				United States, or lawfully admitted permanent resident aliens, or lawfully
				admitted refugees or parolees, or other individuals authorized by the United
				States Attorney General to work in the United States; and
2. Be in compliance with Section 3 of the
				Military Selective Service Act (50 U.S.C. App. 453) if applicable.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 1 - GENERAL PROVISIONS › Section R6-11-104 - Selection-enrollment Responsibility

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each direct subrecipient of the Department
				shall establish criteria to be used for selection of eligible applicants to
				participate in JTPA programs for which the subrecipient is funded and
				responsible.
B. Selection criteria
				shall be objective and applied equitably to conform with the intent and
				requirements of the JTPA, and be consistent with the respective Job Training
				Plans. The criteria for adult programs shall relate to the potential for
				increased employment and earnings and reduced welfare dependency.
C. A listing of the selection criteria used
				shall be made available to any applicant.
D. Enrollment of non-economically
				disadvantaged participants with substantial barriers to employment, as defined
				in Section 203(a)(2) of JTPA, shall not exceed 10% of the current and
				cumulative number of individuals enrolled in all Title II-A, Section 202(a)(1),
				programs within the respective SDA.
E. Enrollment of Title III participants shall
				follow priority in order of eligibility categories as identified in
				R6-11-103.C.4.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 1 - GENERAL PROVISIONS › Section R6-11-107 - Confidentiality

Current through Register Vol. 30, No. 28, July 12, 2024
Each subrecipient of JTPA funds shall abide by and ensure
				  compliance with all applicable state and federal statutes, policies and
				  regulations regarding the use and disclosure of information concerning any
				  applicant or participant under JTPA programs.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 1 - GENERAL PROVISIONS › Section R6-11-111 - Complaint Resolution Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each direct subrecipient of JTPA funds
				shall maintain a record of complaints and grievances, and shall appoint a
				grievance officer for the purpose of processing complaints or grievances filed
				pursuant to Sections 144 and 167 of JTPA, except for complaints of
				discrimination filed pursuant to Title VI of the Civil Rights Act of
				1964.
B. All participants upon
				enrollment and other interested parties upon request shall be provided a
				written description of the subrecipient complaint procedures including
				notification of their right to file a complaint and instructions on how to do
				so.
C. The procedure should include
				at a minimum:
1. A requirement that the
				complaint be in writing;
2. Provide
				the name and address of the organization or individual against whom the
				complaint is made;
3. Provide the
				name, address and signature of the complainant;
4. Provide authorized subrecipient agency
				signature and date of filing;
5.
				Written notice of date, time and place of hearing, including notification of
				the opportunity to present evidence;
6. A record hearing be held within 30 days of
				the date of the complaint;
7. A
				written decision issued within 60 days of the date of the complaint.
8. The decision shall include notice of the
				right to appeal pursuant to Article 2 of these rules.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 2 - JTPA APPEAL PROCESS › Section R6-11-201 - Right to Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
Any interested party shall have a right to appeal a
				  determination, decision, order, or other action or inaction of either the
				  Department or a JTPA subrecipient.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 2 - JTPA APPEAL PROCESS › Section R6-11-202 - Hearing Request

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				request for a hearing is any oral or written communication by an interested
				party or its legal counsel which expresses a clear intent to appeal an adverse
				action. The freedom to make such a request must not be limited or interfered
				with in any way.
If the request is oral, the Department shall prepare a
				  written request on behalf of the individual and obtain the individual's
				  signature on the request.
B. The request for hearing shall be filed in
				accordance with the following time limits:
1.
				Within ten days of the date of the adverse decision when the request is an
				appeal of an adverse decision resulting from a subrecipient grievance
				procedure;
2. Within ten days of
				the date that the subrecipient failed to hold a hearing or issue a decision
				within the required time limit;
3.
				Within one year of the date of the alleged adverse occurrence in all other
				cases.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 2 - JTPA APPEAL PROCESS › Section R6-11-203 - Notice of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Advance written notice of the hearing will be provided by regular mail to all
				interested parties at least ten days prior to the hearing to permit adequate
				preparation of the case. The notice will include:
1. The time, date and place of the hearing.
				Hearings shall be held at those regularly established hearing locations most
				convenient to the interested parties, or, at the discretion of the hearing
				officer, by telephone.
2. The name,
				address, and telephone number of the person to notify in the event it is not
				possible for the party or its legal counsel to attend the scheduled
				hearing.
3. The hearing procedures,
				a statement of the issues, and any other information which would provide the
				party or its legal counsel with an understanding of the proceedings and
				contribute to the effective presentation of the party's case.
4. An explanation that the party or its legal
				counsel may examine the case file prior to the hearing.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 2 - JTPA APPEAL PROCESS › Section R6-11-204 - Hearing Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Hearing officer duties.
1. Hearings will be
				conducted by an impartial official who has no personal involvement in the case
				and who was not directly involved in the initial determination of the action
				which is being contested.
2. The
				hearing official will be a state-level employee designated to conduct hearings
				and will:
a. Regulate and conduct the course
				of the hearing consistent with due process to insure an orderly
				hearing.
b. Insure all relevant
				issues are considered, and evidence not related to the issues is not allowed to
				become a part of the record.
c.
				Administer oaths or affirmations.
d. Request, receive, and make a part of the
				record all evidence determined necessary to decide the issues being
				raised.
e. Take notice of
				judicially cognizable facts or generally recognized technical or scientific
				facts within the agency's specialized knowledge.
f. Make a recommendation to the Director
				pursuant to A.R.S. §
											41-1992(C).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 2 - JTPA APPEAL PROCESS › Section R6-11-205 - Hearing Decisions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Decisions.
1. The hearing officer shall issue
				a recommendation in accordance with A.R.S. §
										41-1992.
2. All evidence, including records and
				documents of the Department which the hearing officer makes a part of the
				record of the hearing shall be considered in determination of the case. Every
				decision shall be in writing or stated in the record and shall be accompanied
				by findings of fact and conclusions of law.
3. The recommendation shall be issued not
				later than 60 days after the filing of the request for hearing unless the time
				limit is waived by all interested parties in writing or on the record. A party
				may request a Director's Review when a recommendation has not been issued
				within 60 days of the request for hearing and the time limit has not been
				waived.
3. A copy of such
				recommendation, together with an explanation of rehearing and reconsideration
				rights, shall be delivered or mailed to each interested party or its attorney
				of record.
4. The recommendation of
				the hearing officer shall become the decision of the Department upon approval
				by the Director, and the decision shall become final unless a request for
				reconsideration is filed within ten days after the decision is mailed or
				otherwise delivered to the interested parties.
6. Prior to approving the recommendation, the
				Director may remand the case to the hearing officer for review and/or
				rehearing, specifying the nature of any additional issues to be considered. The
				Director may issue a decision which differs from the hearing officer's
				recommendation without remanding the case for review or rehearing.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 2 - JTPA APPEAL PROCESS › Section R6-11-206 - Failure of a Party to Appear

Current through Register Vol. 30, No. 28, July 12, 2024
A. If there is no appearance on behalf of an
				interested party at a scheduled hearing, the hearing officer may adjourn the
				hearing to a later date or proceed to review the evidence of record and such
				other evidence as may be presented at the scheduled hearing and make a
				disposition or recommendation on the merits of the case.
B. If a recommendation is issued adverse to
				any interested party that failed to appear at a scheduled hearing, that party
				may request a hearing to determine if good cause exists to reopen the hearing.
				The request to reopen must be in writing, filed within ten days of the date of
				mailing of the recommendation or disposition, and shall set forth the reasons
				for the failure to appear.
C. A
				hearing shall be held to determine whether there was good cause for the failure
				to appear and, in the discretion of the hearing officer, to review the merits
				of the case. Upon a finding of good cause for failure to appear at the
				scheduled hearing, the disposition or recommendation on the merits shall be
				vacated and the case reset for hearing.
D. Good cause warranting reopening of a case
				shall be established upon proof that both the failure to appear and failure to
				timely notify the hearing officer were beyond the reasonable control of the
				nonappearing party.
E. When an
				appellant fails to appear or waives appearance, the hearing officer may enter a
				default disposition without further right to appeal except as provided in this
				rule.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 2 - JTPA APPEAL PROCESS › Section R6-11-207 - Hearing Officer

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Disqualification for cause. No person shall participate on behalf of the
				Department in any case in which he is an interested party. Challenges to the
				interest of any hearing officer may be heard and decided by that hearing
				officer, or, upon written request, referred to his immediate
				supervisor.
B. Change of hearing
				officer. Not later than five days prior to the date set for the hearing, any
				interested party may file a written request for change of hearing officer. The
				hearing officer shall immediately transfer the matter to another hearing
				officer who shall conduct the hearing. No more than one change of hearing
				officer shall be granted to any one party.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 11 - DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA) › Article 2 - JTPA APPEAL PROCESS › Section R6-11-208 - Postponement of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
At the request of a party or on his own initiative, the
				  hearing officer may order, orally or in writing, that a hearing be postponed. A
				  requested postponement shall be granted if:
1. The request is promptly made after the
				party received the notice of hearing, or after the circumstance requiring
				postponement arises, and
2. The
				party has good cause for not attending the hearing at the time and date set.
				Good cause exists when the circumstances causing the request are beyond the
				reasonable control of the requesting party, and failure to grant the
				postponement would result in undue hardship for the requesting party.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 1 - GENERAL PROVISIONS › Section R6-12-102 - Confidentiality

Current through Register Vol. 30, No. 28, July 12, 2024
A. Personally
				identifiable information.
1. All personally
				identifiable information concerning an applicant, recipient, or member of a
				family in the possession of the Department is confidential and not subject to
				public inspection, except as otherwise specified in A.R.S. §
										41-1959
				and this Section.
2. Personally
				identifiable information includes:
a. Name,
				address, and telephone number;
b.
				Social Security number and date of birth;
c. Unique identifying numbers such as a
				driver's license number;
d.
				Photographs;
e. Information related
				to social and economic conditions or circumstances;
f. Medical data, including diagnosis and past
				history of disease or disability; and
g. Any other information which is reasonably
				likely to permit another person to readily identify the subject of the
				information.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 1 - GENERAL PROVISIONS › Section R6-12-103 - Case Record

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall maintain a case record for every applicant for or
				recipient of assistance.
B. Except
				as otherwise provided in subsections (C) and (D) below, the Department shall
				retain the case record for a period of 3 years after the last date on which the
				applicant received an adverse determination of eligibility or the recipient
				last received a benefit payment.
C.
				The Department shall retain a case record which contains an unpaid overpayment
				until:
1. The overpayment is paid in full,
				or
2. The assistance unit is no
				longer obligated to repay the overpayment.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 1 - GENERAL PROVISIONS › Section R6-12-104 - Manuals

Current through Register Vol. 30, No. 28, July 12, 2024
Each FAA office shall maintain and keep available for public
				  inspection and copying during regular business hours, a copy of the CA program
				  manual.
The following
				  Section was amended 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 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 2 - APPLICATION PROCESS AND PROCEDURES › Section R6-12-201 - Application

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person may
				apply for CA by filing, either in person or by mail, a Department-approved
				application form with any FAA office.
B. The application file date is the date any
				FAA office receives an identifiable application. An identifiable application is
				1 which contains, at a minimum, the following information:
1. The legible name and address of the person
				requesting assistance; and
2. The
				signature, under penalty of perjury, of the applicant or the applicant's
				authorized representative, or, if the applicant is incompetent or
				incapacitated, someone legally authorized to act on behalf of the applicant.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 2 - APPLICATION PROCESS AND PROCEDURES › Section R6-12-202 - Request for Benefits; Composition of the Assistance Unit

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant may receive CA for any
				eligible dependent child, and the parents, siblings, and nonparent relatives of
				the eligible dependent child residing in the applicant's home who meet the CA
				financial and nonfinancial eligibility criteria.
B. A parent or sibling in a family with an
				eligible dependent child:
1. Shall be part of
				the assistance unit with the dependent child when the parent or sibling:
a. Requests CA, and
b. Meets all nonfinancial CA eligibility
				criteria, or
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 2 - APPLICATION PROCESS AND PROCEDURES › Section R6-12-204 - Disability Determination

Current through Register Vol. 30, No. 28, July 12, 2024
A. When an assistance unit is requesting CA
				due to the mental or physical incapacity of a parent, as provided in
				R6-12-310(G), the Department shall verify the existence of the
				disability.
B. The assistance unit
				shall demonstrate incapacity of a parent by providing a medical statement from
				a licensed physician. The statement shall include:
1. A diagnosis of the person,
2. A finding that the person has a physical
				or mental condition which prevents the person from working, and
3. An opinion concerning the duration of
				unemployability or a date for re-evaluation of unemployability.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 2 - APPLICATION PROCESS AND PROCEDURES › Section R6-12-205 - 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 applicant,
				recipient, or family member when required by law, or when necessary to
				determine eligibility or benefit level.
B. The Department may verify or corroborate
				information by any reasonable means including:
1. Contacting third parties such as
				employers;
2. Making home visits as
				provided in
				R6-12-206;
3. Asking the applicant, recipient, or family
				member to provide written documentation, such as billing statements or pay
				stubs; and
4. Conducting a computer
				data match through SVES.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 2 - APPLICATION PROCESS AND PROCEDURES › Section R6-12-206 - Home Visits

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall schedule a home visit:
1. When it reasonably believes that such a
				visit will avoid an eligibility determination error, or
2. To conduct an initial interview or an
				eligibility review when a homebound applicant or recipient so requests.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 2 - APPLICATION PROCESS AND PROCEDURES › Section R6-12-207 - Withdrawal of Application

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant may withdraw an application
				at any time before the Department completes an eligibility determination by
				requesting a withdrawal from the Department either orally or in
				writing.
B. If an applicant orally
				asks to withdraw an application the Department shall:
1. Document the names of persons and type of
				benefits or services the applicant wishes to withdraw, and
2. Deny the application and notify the
				applicant.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 2 - APPLICATION PROCESS AND PROCEDURES › Section R6-12-208 - Death of an Applicant

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				an applicant dies while the application is pending, the Department shall deny
				the application and inform the person responsible for the dependent child that
				a new application may be filed.
B.
				If the new application is filed within 45 days from the date of the original
				application, and the child is found eligible, the Department shall pay benefits
				for the child from the date of the original application. If eligible, the new
				applicant shall receive benefits from the date of the new
				application.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 2 - APPLICATION PROCESS AND PROCEDURES › Section R6-12-209 - Processing the Application; Denials; Approval

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall complete the
				eligibility determination within 45 calendar days of the application file date,
				unless:
1. The application is
				withdrawn,
2. The application 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
				R6-12-205(D).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 2 - APPLICATION PROCESS AND PROCEDURES › Section R6-12-210 - Six-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
				assistance unit at least once every six months, beginning with the sixth month
				following the first month of CA eligibility.
B. At least 30 days prior to the six-month
				review date, the Department shall mail the recipient a notice advising of the
				need for a review. In response to such notice, the recipient shall file a
				request for a six-month review and interview by the date specified on the
				notice.
C. The Department shall
				schedule and conduct a review interview in the same manner as an initial
				interview.
D. When the recipient
				misses a scheduled appointment for a six-month review interview, the Department
				shall schedule a second interview if the recipient so requests within 10 days
				of the missed appointment.
E. The
				Department shall terminate benefits when the recipient fails to request a
				second appointment as prescribed in subsection (D), or when the recipient
				misses a second scheduled appointment without good cause. Good cause shall
				include the following circumstances:
1. Lack
				of transportation on the day of the appointment,
2. Illness, or
3. Serious injury or accident involving an
				assistance unit member.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 2 - APPLICATION PROCESS AND PROCEDURES › Section R6-12-211 - Reinstatement of Benefits

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				the Department has terminated payment of benefits to an assistance unit, the
				Department shall not reinstate benefits unless the recipient files a new
				application and has a new interview.
B. Notwithstanding subsection (A), the
				Department shall reinstate benefits within 10 calendar days when:
1. Termination was due to Department
				error;
2. The Department receives a
				court order or administrative hearing decision mandating reinstatement;
				or
3. The recipient files a request
				for fair hearing as provided in
				R6-12-1002
				within 10 days of the notice date of the termination notice, unless the request
				is for continuance of benefits past the 36-month limit in
				R6-12-318,
				the 60-month limit in
				R6-12-320,
				or the six-month limit in
				R6-12-611.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 3 - NON-FINANCIAL ELIGIBILITY CRITERIA › Section R6-12-301 - Non-financial Eligibility Criteria

Current through Register Vol. 30, No. 28, July 12, 2024
To qualify for CA, a person shall satisfy all applicable
				  criteria set forth in this Article.
The following
				  Section was amended 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 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 3 - NON-FINANCIAL ELIGIBILITY CRITERIA › Section R6-12-302 - Applicant and Recipient Responsibility

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant for or recipient of
				assistance shall cooperate with the Department as a condition of initial and
				continuing eligibility. The applicant or recipient shall:
1. Give the Department complete and truthful
				information;
2. Inform the
				Department of all changes in income, assets, or other circumstances of the
				assistance unit affecting eligibility or the amount of the assistance payment
				within 10 days from the date the change becomes known; and
3. Comply with all the Department's
				procedural requirements.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 3 - NON-FINANCIAL ELIGIBILITY CRITERIA › Section R6-12-303 - Application for Other Potential Benefits

Current through Register Vol. 30, No. 28, July 12, 2024
As a condition of eligibility, an assistance unit member and
				  any person whose income is considered available to the assistance unit shall
				  apply for all other cash benefits for which the person may be eligible, except
				  SSI.
The following
				  Section was amended 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 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 3 - NON-FINANCIAL ELIGIBILITY CRITERIA › Section R6-12-304 - Residency

Current through Register Vol. 30, No. 28, July 12, 2024
A. To qualify for
				CA, a person shall be an Arizona resident.
B. An Arizona resident is a person who:
1. Voluntarily resides and intends to make a
				permanent home in Arizona,
2. Lives
				in Arizona at the time of making application, and
3. Is not receiving public assistance from
				another state.