reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-143 - Computation of Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. In
				computing any time period:
1. "Day" means a
				calendar day;
2. "Workday" means
				Monday through Friday, excluding Arizona state holidays;
3. The Department does not count the date of
				the act, event, notice, or default from which a designated time period begins
				to run as part of the time period; and
4. The Department counts the last day of the
				designated time period unless it is a Saturday, Sunday, or Arizona state
				holiday.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-144 - Request for Hearing: Form; Time Limits; Presumptions

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person who wishes to appeal an adverse
				action shall make a verbal or written request for a hearing to the FAA within
				30 days of the date on the notice or letter advising the person of the adverse
				action. The FAA shall provide a form for this purpose and, upon request, shall
				help an appellant complete the form. If the person makes a verbal request for
				hearing, the FAA shall reduce the appeal and the stated reasons for the appeal
				to writing, record the date of the verbal request, and forward the request to
				the Office of Appeals.
B. An
				appellant shall include the following information in the request for hearing:
1. Name, address, and telephone number of the
				individual subject to the adverse action;
2. A description of the adverse action that
				is the subject of the appeal;
3.
				The date of the notice of adverse action; and
4. A statement explaining why the adverse
				action is unauthorized, unlawful, or an abuse of discretion.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-145 - Family Assistance Administration: Transmittal of Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. The FAA shall
				notify the Office of Appeals of a request for hearing within two workdays of
				receipt of the request.
B. No less
				than 10 workdays before the scheduled hearing date, unless otherwise ordered,
				the FAA shall send the Office of Appeals and the appellant a prehearing
				summary. The prehearing summary shall include, at a minimum:
1. The appellant's name,
2. The appellant's Social Security
				number,
3. The local office that
				issued the adverse action under appeal,
4. A brief summary of the facts leading to
				the adverse action, and
5. The
				legal or Administration policy basis for the adverse action.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-146 - Stay of Adverse Action Pending Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall stay the
				implementation of the adverse action until the hearing officer renders a
				decision on the appeal, if the appellant makes a request to stay the adverse
				action within 10 days from the date the Department mails the notice of adverse
				action, or otherwise transmits the notice as provided by law, except in the
				following circumstances:
1. The appellant
				expressly waives the delay of adverse action,
2. The adverse action is a result of a
				uniform change in federal or state law,
3. The appellant is requesting continued
				benefits when the time period for which the Department has approved benefits
				has expired,
4. The Department has
				denied the appellant's initial or renewal application,
5. The appeal challenges an action that is
				not appealable according to
				R6-13-142(B),
6. The appellant withdraws the request for
				hearing, or
7. The appellant fails
				to appear for the hearing without good cause.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-147 - Hearings: Location; Notice; Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Office of Appeals shall schedule the
				hearing. The Office of Appeals may schedule a telephonic hearing or permit a
				witness, upon request, to appear telephonically.
B. Unless the parties stipulate to another
				hearing date, the Office of Appeals shall schedule the hearing no earlier than
				20 days from the date the Department receives the appellant's request for
				hearing.
C. The Office of Appeals
				shall mail, or otherwise transmit as provided by law, a notice of hearing to
				all interested parties at least 20 days before the scheduled hearing
				date.
D. The notice of hearing
				shall be in writing and shall include the following information:
1. The date, time, and place of the
				hearing;
2. The name of the hearing
				officer;
3. A general statement of
				the issues involved in the case;
4.
				A statement listing the parties' rights as specified in
				R6-13-152;
				and
5. A general statement of the
				hearing procedures.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-148 - Postponing the Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				party may ask for postponement of a hearing by calling or writing the Office of
				Appeals and providing good cause as to why the Office of Appeals should
				postpone the hearing. Good cause exists if circumstances beyond the party's
				reasonable control make it unduly difficult or burdensome for the party or the
				party's counsel to attend the hearing on the scheduled date.
B. Except in emergency circumstances, the
				appellant shall ensure that the Office of Appeals receives the request for
				postponement at least five workdays before the scheduled hearing date. The
				Office of Appeals is entitled to deny an untimely request. Emergency
				circumstances mean circumstances:
1. Beyond
				the reasonable control of the party,
2. That did not arise until after the
				five-day period, and
3. That the
				party could not reasonably anticipate.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-149 - Hearing Officer: Duties and Qualifications

Current through Register Vol. 30, No. 28, July 12, 2024
A. An impartial hearing officer in the Office
				of Appeals shall conduct all hearings.
B. The hearing officer shall:
1. Administer oaths and
				affirmations;
2. Regulate and
				conduct hearings in an orderly and dignified manner that avoids unnecessary
				repetition and affords due process to all participants;
3. Ensure consideration of all relevant
				issues;
4. Exclude evidence that is
				not competent, relevant, or material, or that is unduly repetitious from the
				record;
5. Request, receive, and
				incorporate relevant evidence into the record;
6. Subpoena witnesses or documents needed for
				the hearing upon compliance with the requirements of
				R6-13-151;
7. Open, conduct, and close the
				hearing;
8. Rule on the
				admissibility of evidence offered at the hearing;
9. Direct the order of proof at the
				hearing;
10. Upon the request of a
				party, or on the hearing officer's own motion, and for good cause shown, take
				action the hearing officer deems necessary for the proper disposition of an
				appeal, including the following:
a. Disqualify
				himself or herself from the case,
b. Continue the hearing to a future date or
				time,
c. Reopen the hearing to take
				additional evidence prior to the entry of a final decision,
d. Deny or dismiss an appeal or request for
				hearing in accordance with the provisions of this Article,
e. Exclude nonparty witnesses from the
				hearing room; and
11.
				Issue a written decision resolving the appeal.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-150 - Change of Hearing Officer; Challenges for Cause

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party may request a change of hearing
				officer as prescribed in A.R.S. §
									41-1992(B)
				 by filing an affidavit that shall include:
1. The case name and number,
2. The hearing officer assigned to the case,
				and
3. The name and signature of
				the party requesting the change.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-151 - Subpoenas

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party who
				wishes to have a witness testify at a hearing or to offer a particular document
				or item in evidence shall first attempt to obtain the witness or evidence by
				voluntary means. Department documents are available to the appellant as
				prescribed in
				R6-13-152(2).
B. If the party cannot procure the voluntary
				attendance of the witness or production of the evidence, the party may ask the
				hearing officer assigned to the case to issue a subpoena for a witness,
				document, or other physical evidence or to otherwise obtain the requested
				evidence.
C. The party seeking the
				subpoena shall send the hearing officer a written request for a subpoena. The
				request shall include:
1. The case name and
				number;
2. The name of the party
				requesting the subpoena;
3. The
				name and address of any person to be subpoenaed, with a description of the
				subject matter of the witness's anticipated testimony;
4. A description of any documents or physical
				evidence the appellant desires the hearing officer to subpoena, including the
				title, appearance, and location of the item if the appellant knows its
				location, and the name and address of the person in possession of the
				item;
5. A statement about the
				expected substance of the testimony or other evidence as well as the relevance
				and importance of the requested testimony or other evidence; and
6. A description of the party's efforts to
				obtain the witness or evidence by voluntary means.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-152 - Parties' Rights

Current through Register Vol. 30, No. 28, July 12, 2024
The claimant and the Department have the following
				  rights:
1. The right to request a
				postponement of the hearing as provided in
				R6-13-148;
2. The right to copy before or during the
				hearing any documents in the Department's file on the appellant and documents
				the Department might use at the hearing, except documents shielded by the
				attorney-client or work-product privilege or as otherwise protected by federal
				or state confidentiality laws;
3.
				The right to request a change of hearing officer as provided in A.R.S. §
				41-1992(B) and
				R6-13-150;
4. The right to request subpoenas for
				witnesses and evidence as provided in R6-13-151;
5. The right to present the case in person or
				through an authorized representative, subject to any limitations on the
				unauthorized practice of law in the Rules of the Supreme Court of Arizona, Rule
				31;
6. The right to present
				evidence and to cross-examine witnesses; and
7. The right to further appeal, as provided
				in
				R6-13-158
				and
				R6-13-160 if
				dissatisfied with a decision reached by the Office of Appeals.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-153 - Withdrawal of an Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				appellant may withdraw an appeal at any time prior to the time the hearing
				officer renders a decision.
1. An appellant
				may withdraw an appeal verbally, either in person or by telephone. The
				Department may record the audio of the withdrawal.
2. An appellant may withdraw an appeal by
				signing a written statement expressing the intent to withdraw. The Department
				shall make a withdrawal form available for this purpose.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-154 - Failure to Appear; Default; Reopening

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an appellant fails to appear at the
				scheduled hearing, the hearing officer shall:
1. Enter a default and issue a decision
				dismissing the appeal, except as provided in subsection (B);
2. Rule summarily on the available record;
				or
3. Adjourn the hearing to a
				later date and time.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-155 - Hearing Proceedings

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The hearing is a de novo proceeding. The Department has the initial burden of
				going forward with evidence to support the adverse action being
				appealed.
B. To prevail, the
				appellant shall prove, by a preponderance of the evidence, that the
				Department's action was unauthorized, unlawful, or an abuse of
				discretion.
C. The Arizona Rules of
				Evidence do not apply at the hearing. The hearing officer may admit and give
				probative effect to evidence as prescribed in A.R.S. §
									23-674(D).
D. The Office of Appeals shall record all
				hearings. The Office of Appeals need not transcribe the proceedings unless a
				transcription is required for further administrative or judicial
				proceedings.
E. The Office of
				Appeals charges a fee of 15¢ per page for providing a transcript. A party may
				obtain a waiver of the fee by submitting an affidavit stating that the party
				cannot afford to pay for the transcript.
F. A party may, at his or her own expense,
				arrange to have a court reporter present to transcribe the hearing, provided
				that such transcription does not delay or interfere with the hearing. The
				Office of Appeal's recording of the hearing shall constitute the official
				record of the hearing.
G. The
				hearing officer shall call the hearing to order and dispose of any prehearing
				motions or issues.
H. With the
				consent of the hearing officer, the parties may stipulate to factual findings
				or legal conclusions.
I. Upon
				request and with the consent of the hearing officer, a party may make opening
				and closing statements. The hearing officer shall consider any statements as
				argument and not evidence.
J. A
				party may testify, present evidence, and cross-examine adverse witnesses. The
				hearing officer may also take witness testimony or admit documentary or
				physical evidence on his or her own motion.
K. The hearing officer shall keep a complete
				record of all proceedings in connection with an appeal.
L. The hearing officer may require the
				parties to submit memoranda on issues in the case if the hearing officer finds
				that the memoranda would assist the hearing officer in deciding the case. The
				hearing officer shall establish a briefing schedule for any required
				memoranda.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-156 - Hearing Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. No
				later than 60 days after the date the appellant files a request for hearing
				with the Department, the hearing officer shall render a decision based solely
				on the evidence and testimony produced at the hearing and the applicable law.
				The 60-day time limit is extended for any delay necessary to accommodate
				hearing continuances or extensions, or postponements requested by a
				party.
B. The hearing decision
				shall include:
1. Findings of fact concerning
				the issue on appeal,
2. Citations
				to the law and authority applicable to the issue on appeal,
3. A statement of the conclusions derived
				from the controlling facts and law and the reasons for the
				conclusions,
4. The name of the
				hearing officer,
5. The date of the
				decision, and
6. A statement of
				further appeal rights and the time period for exercising those
				rights.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-157 - Effect of the Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				the hearing officer affirms the adverse action against the appellant, the
				adverse action is effective as of the date of the initial determination of
				adverse action by the Department. The adverse action remains effective until
				the appellant appeals and obtains a higher administrative or judicial decision
				reversing or vacating the hearing officer's decision.
B. If the hearing officer vacates, sets
				aside, or reverses the Administration's decision to take adverse action, the
				Administration shall not take the action or shall reverse any adverse action
				taken unless and until the Appeals Board, under A.R.S. §
									23-672,
				or Arizona Court of Appeals issues a decision affirming the adverse
				action.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-158 - Further Administrative Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party can appeal an adverse decision
				issued by a hearing officer to the Department's Appeals Board as prescribed in
				A.R.S. §
									41-1992(C) and
				(D) by filing a written petition for review
				with the Office of Appeals within 15 days of the mailing date, or the
				transmittal date when transmitted in a manner other than by mail, as provided
				by law, of the hearing officer's decision.
B. The petition for review shall:
1. Be in writing,
2. Describe why the party disagrees with the
				hearing officer's decision, and
3.
				Be signed and dated by the party or the party's representative.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-159 - Appeals Board

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Appeals Board shall conduct proceedings in accordance with A.R.S. §§
									41-1992(D)
				 and
				23-672.
B. Following notice to the parties, the
				Appeals Board may receive additional evidence or hold a hearing if the Appeals
				Board finds that additional information will help in deciding the appeal. The
				Appeals Board may also remand the case to the Office of Appeals for rehearing,
				specifying the nature of the additional evidence required or any further issues
				for consideration.
C. The Appeals
				Board shall decide the appeal based solely on the record of proceedings before
				the hearing officer and any further evidence or testimony presented to the
				Appeals Board.
D. The Appeals Board
				shall issue and mail, or otherwise transmit as provided by law, to all parties
				a final written decision affirming, reversing, setting aside, or modifying the
				hearing officer's decision. The decision of the Appeals Board shall specify the
				parties' rights to further review and the time for filing a request for
				review.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 1 - TUBERCULOSIS CONTROL PROGRAM › Section R6-13-160 - Judicial Review

Current through Register Vol. 30, No. 28, July 12, 2024
Any party adversely affected by an Appeals Board decision may
				  seek judicial review as prescribed in A.R.S. § 41-1993.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 13 - DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS › Article 7 - REPEALED › Section R6-13-701

Current through Register Vol. 30, No. 28, July 12, 2024
The following
				  Article heading was amended under an exemption from the provisions of A.R.S.
				  Title 41, Chapter 6, pursuant to Laws 1997, Chapter 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 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 3 - CLAIMS AGAINST HOUSEHOLDS › Section R6-14-301 - Purpose and Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department establishes and collects claims under
				7 CFR
				273.18, Claims against households. This
				Article clarifies the Department's policies and procedures as permitted in
				federal regulation.
B. The
				definitions in section
				R6-14-111 and the
				following definitions apply to this Article:
1. "Agency error" or "AE claim" means any
				claim for an overpayment caused by an action or failure to take action by the
				Department.
2. "Claim" means the
				amount of a federal debt owed because Nutrition Assistance benefits were
				overpaid or benefits were trafficked.
3. "Household" means one of the following
				individuals or groups of individuals, unless otherwise specified under
				7 CFR
				273.1(b):
a. Except as contained in (b):
i. An individual living alone;
ii. An individual living with others, but
				customarily purchasing food and preparing meals for home consumption separate
				and apart from others; or
iii. A
				group of individuals who live together and customarily purchase food and
				prepare meals together for home consumption.
b. Specific to the Claim Compromise process
				in
				R6-14-308, the
				following persons who are residing together:
i. Adults who were members of the Nutrition
				Assistance household for which the claim was established, and who were adults
				at the time the claim was established, and
ii. Minor children for whom adult household
				members are responsible.
4. "Inadvertent household error" or "IHE
				claim" means any claim for an overpayment resulting from a misunderstanding or
				unintended error on the part of the Nutrition Assistance household. This
				includes instances when the household received more benefits than it was
				entitled to receive because the household requested a continuation of benefits,
				pending a fair hearing decision.
5.
				"Intentional Program Violation" or "IPV claim" means any claim for an
				overpayment resulting from an individual committing and intending to commit, an
				IPV under
				7 CFR
				273.16.
6. "Trafficking claim" means any claim for
				the value of benefits that are trafficked, under
				7 CFR
				273.18. Trafficking is defined under
				7 CFR
				271.2.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 3 - CLAIMS AGAINST HOUSEHOLDS › Section R6-14-302 - Claim Calculation; Date of Discovery; Overpayment Period

Current through Register Vol. 30, No. 28, July 12, 2024
Under
				  7 CFR
				  273.18, the Department shall calculate an
				  overpayment of benefits claim by:
A.
				Date of discovery. The date of discovery is determined when the Department
				becomes aware of the overpayment.
1. For AE
				claims, the date of discovery is the date the overpayment has been verified or
				the date the household ultimately fails to respond to or satisfy an overpayment
				inquiry.
2. For IHE and IPV claims,
				the date that the Department obtains verification used to calculate the
				over-issuance.
3. For claims
				resulting from trafficking, the date of the court decision, or the date the
				household signed a waiver of administrative disqualification hearing form or a
				disqualification consent agreement.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 3 - CLAIMS AGAINST HOUSEHOLDS › Section R6-14-304 - Pre-establishment Cost Effectiveness Determination

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall not establish an overpayment that is not
				  cost effective using the threshold at
				  7 CFR
				  273.18(e)(2)(ii), unless the
				  Department establishes and collects claims under a cost-effectiveness plan
				  approved by the Food and Nutrition Service of the U.S. Department of
				  Agriculture under
				  7 CFR
				  273.18(e)(2)(i) that
				  establishes a different threshold.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 3 - CLAIMS AGAINST HOUSEHOLDS › Section R6-14-305 - Notice of Claim

Current through Register Vol. 30, No. 28, July 12, 2024
To begin collection on a claim, the Department shall send the
				  household a Notice of Claim. At a minimum, the notice shall include all
				  elements required under
				  7 CFR
				  273.18(e)(3)(iv).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 3 - CLAIMS AGAINST HOUSEHOLDS › Section R6-14-306 - Acceptable Forms of Payment

Current through Register Vol. 30, No. 28, July 12, 2024
The Department may accept all forms of payment, including the
				  methods listed in
				  7 CFR
				  273.18(f) to collect a
				  claim.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 3 - CLAIMS AGAINST HOUSEHOLDS › Section R6-14-307 - Collection Methods

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Allotment reduction. When a household is receiving Nutrition Assistance
				benefits, the Department may use the allotment reduction in
				7 CFR
				273.18(g)(1).
B. As provided under
				7 CFR
				273.18(g)(5), the Department
				may allow a household that is not participating in the Nutrition Assistance
				program to pay a claim in equal monthly payments in a negotiated repayment
				agreement. The household shall be responsible to pay a monthly payment in one
				of the following amounts until the claim is paid in full:
1. An amount equal to the balance of the
				claim at the time the negotiated repayment agreement is made, divided by
				36.
2. When the amount in (1) is
				equal to or less than $10.00, the monthly repayment amount shall be
				$10.00.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 3 - CLAIMS AGAINST HOUSEHOLDS › Section R6-14-308 - Claim Compromise

Current through Register Vol. 30, No. 28, July 12, 2024
A. In
				accordance with the Department's Claim Compromise policy and procedures as
				contained in the Arizona Cash and Nutrition Assistance Policy manual, the
				Department may compromise an entire claim or any portion of a claim if it can
				be reasonably determined that a household's economic circumstances dictate that
				the claim will not be paid in three years.
B. For purposes of a claim compromise
				"household" means the following persons who are residing together:
1. Adults who were members of the Nutrition
				Assistance household for which the claim was established, and who were adults
				at the time the claim was established, and
2. Minor children for whom adult household
				members are responsible.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 3 - CLAIMS AGAINST HOUSEHOLDS › Section R6-14-309 - Reinstatement of a Compromised Claim

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall reinstate any compromised portion of a
				  claim when either of the following occurs:
1. A claim becomes delinquent under
				7 CFR
				273.18(e)(5).
2. The Department approved a compromise for a
				claim that was originally established as an Inadvertent Household Error claim
				and the original claim is later determined to have resulted from an Intentional
				Program Violation, as evidenced by a signed waiver of an Administrative
				Disqualification Hearing, an Administrative Disqualification Hearing decision,
				or a decision rendered by a State or Federal court in a civil or criminal
				action.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 3 - CLAIMS AGAINST HOUSEHOLDS › Section R6-14-310 - Terminating and Writing Off a Claim

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall terminate and write off a claim as
				  required under
				  7 CFR
				  273.18(e)(8)(ii) (A through
				  E), and may terminate and write off a claim as allowed under
				  7 CFR
				  273.18(e)(8)(ii)(F) and
				  (G).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 3 - CLAIMS AGAINST HOUSEHOLDS › Section R6-14-311 - Claims Established in Another State

Current through Register Vol. 30, No. 28, July 12, 2024
Under
				  7 CFR
				  273.18(i)(2), the Department
				  may accept a claim from another state if the household subject to the claim
				  receives Nutrition Assistance benefits in Arizona, when:
A. The Department confirms that the household
				was notified by the other state of the overpayment; and
B. There is no pending or unresolved Fair
				Hearing or Appeal of the overpayment in the other state, and
C. The Department determines with reasonable
				certainty that the household is able to repay the outstanding claim balance in
				full within the Nutrition Assistance certification period assigned to the
				household in Arizona.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-401 - Entitlement to a Fair Hearing; Appealable Action

Current through Register Vol. 30, No. 28, July 12, 2024
Any applicant or recipient who disagrees with any action or
				  inaction by the Department which affects the participation of the household in
				  the program has the right to challenge the action or inaction by requesting an
				  administrative or fair hearing. Administrative hearings are conducted by the
				  Department's Office of Appeals. In this Article, "hearing" refers to a Fair
				  Hearing as required in
				  7
				  CFR 273.15.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-402 - Computation of Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. In
				computing any time period:
1. "Day" means a
				calendar day;
2. "Working day"
				means Monday through Friday, excluding federal or Arizona state
				holidays;
3. The Department does
				not count the date of the act, event, notice, or default from which a
				designated time period begins to run as part of the time period; and
4. The Department counts the last day of the
				designated time period. When the day is a Saturday, Sunday, federal holiday or
				Arizona state holiday, the last day is the first working day following that
				day.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-403 - Request for Hearing: Form; Time Limits; Presumptions

Current through Register Vol. 30, No. 28, July 12, 2024
A. As contained in
				7
				CFR 273.15(h) a request for
				a hearing is defined as a clear expression, oral or written, by the household
				or its representative to the effect that it wishes to appeal a decision or that
				an opportunity to present its case to a higher authority is desired.
B. An applicant or recipient who wishes to
				appeal an action or inaction shall make an oral or written request for a
				hearing to the Department within 90 days of the notice date advising the
				applicant or recipient of the action, except that a recipient may appeal the
				current level of benefits at any time within a certification period. Action by
				the Department shall include a denial of a request for restoration of any
				benefits lost more than 90 days but less than one year prior to the request for
				a hearing. An applicant or recipient may file a request for hearing in-person
				or by mail, fax, phone, or Internet. The Department shall provide a form for
				this purpose. Upon request, the Department shall help an applicant or recipient
				to file an appeal. If the applicant or recipient makes an oral request for a
				hearing, the Department shall accept the oral request, record in writing the
				date of the request and the stated reasons for the hearing, and forward the
				request to the Office of Appeals. The freedom to make a request for a hearing
				shall not be limited or interfered with in any way.
C. An appellant is an applicant or recipient
				who files an appeal.
D. The
				Department shall process any oral or written request for a hearing that
				contains sufficient information for the Department to determine the appellant's
				identity.
E. The Department deems a
				request for hearing filed:
1. If the appellant
				sends the request for hearing by first-class mail through the United States
				Postal Service to the Department:
a. On the
				mailing date as shown by the postmark;
b. In the absence of a postmark, on the
				postage meter mark on the envelope in which it is received; or
c. If not postmarked or postage meter marked
				or if the mark is illegible, on the date entered on the document as the date of
				completion.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-404 - Stay of Action Pending Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
As provided by
				  7
				  CFR 273.15(k), if the
				  appellant timely requests a fair hearing, the Department shall stay the
				  implementation of an action until the hearing officer renders a final decision
				  on the appeal and the person receives the decision, unless the appellant signs
				  a waiver of continuation of benefits.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-406 - Postponing the Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The appellant may request and is entitled to receive one postponement of the
				first scheduled hearing. The postponement shall not exceed 30 days and the time
				limit for action on the decision may be extended for as many days as the
				hearing is postponed. The Office of Appeals may grant subsequent postponements
				upon a showing of good cause.
B.
				When the Office of Appeals reschedules a hearing under this Section, the Office
				of Appeals shall send the notice of rescheduled hearing at least 11 days prior
				to the date of the rescheduled hearing, unless the appellant agrees to shorter
				notice.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-407 - Hearing Officer: Duties and Qualifications

Current through Register Vol. 30, No. 28, July 12, 2024
A. An impartial hearing officer in the Office
				of Appeals shall conduct all hearings.
B. The hearing officer shall:
1. Administer oaths and
				affirmations;
2. Regulate the
				conduct and course of the hearing consistent with due process to insure an
				orderly hearing;
3. Consider all
				relevant issues;
4. Request,
				receive, and admit into the record all evidence determined necessary to decide
				the issues being raised;
5. Order,
				where relevant and useful, an independent medical assessment or professional
				evaluation from a source mutually satisfactory to the household and the
				Department. The hearing officer shall decide on the source of the medical
				assessment or professional evaluation when the household and the Department are
				unable to agree on a mutually satisfactory source. The Department shall pay for
				the medical assessment or professional evaluation when such services are not
				available to the household as part of the household's current health insurance
				coverage;
6. As provided under
				7
				CFR 273.15(m)(2)(vi), render
				a hearing decision and issue a written decision reversing, affirming, modifying
				or remanding the agency's decision; and
7. Issue subpoenas under
				R6-14-409.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-408 - Change of Hearing Officer; Challenges for Cause

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party may request a change of hearing
				officer as prescribed in A.R.S. §
									41-1992(B)
				 by filing an affidavit that includes:
1. The case name and number:
2. The hearing officer assigned to the case:
				and
3. The name and signature of
				the party requesting the change.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-409 - Subpoenas

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party may ask
				the assigned hearing officer to issue a subpoena for a witness, document, or
				other physical evidence or to otherwise obtain the requested evidence. Subpoena
				forms are available to the appellant under
				R6-14-410(D).
B. The party seeking the subpoena shall send
				the hearing officer a written request for a subpoena. The request shall
				include:
1. The case name and
				number;
2. The name of the party
				requesting the subpoena;
3. The
				name and address of any person to be subpoenaed;
4. A description of any documents or physical
				evidence the appellant desires the hearing officer to subpoena, including the
				title, appearance, and location of the item if the appellant knows its
				location, and the name and address of the person in possession of the item;
				and
5. A statement about the
				expected substance of the testimony or other evidence as well as the relevance
				and importance of the requested testimony or other evidence.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-410 - Parties' Rights

Current through Register Vol. 30, No. 28, July 12, 2024
The appellant and the Department have the following
				  rights:
A. The right to request a
				postponement of the hearing;
B. The
				right to receive before and during the hearing documents the Department may use
				at the hearing and a free copy of any documents in the Department's file on the
				appellant, except documents protected by the attorney-client or work-product
				privilege or as otherwise protected by federal or state confidentiality
				laws;
C. The right to request a
				change of hearing officer;
D. The
				right to request subpoenas for witnesses and evidence;
E. The right to be represented by an
				authorized representative, subject to any limitations on the unauthorized
				practice of law in the Rules of the Supreme Court of Arizona, Rule
				31;
F. The right to bring
				witnesses, present evidence and to confront and cross-examine adverse
				witnesses;
G. The right to advance
				arguments without undue interference, to question or refute any testimony or
				evidence; and
H. The right to
				further appeal, as provided in
				R6-14-416
				and
				R6-14-417, if
				dissatisfied with the Office of Appeals decision.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-411 - Withdrawal of an Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				appellant may withdraw an appeal at any time prior to the time the hearing
				officer issues a decision.
1. An appellant may
				withdraw an appeal orally, either in person or by telephone. The Department may
				record the audio of the withdrawal. The Department is prohibited from coercion
				or actions that would influence the person or their representative to withdraw
				the fair hearing request. The Department must provide a written notice within
				10 days of the oral request confirming the withdrawal request and providing the
				person an opportunity to request to reinstate the hearing within 10 days of the
				date the notice is received as provided in
				R6-14-402(B).
2. An appellant may withdraw an appeal by
				signing a written statement expressing the intent to withdraw. The Department
				shall make a withdrawal form available for this purpose.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-412 - Failure to Appear; Default; Reopening

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an appellant fails to appear at the
				hearing, the hearing officer shall:
1. Enter
				a default and issue a decision dismissing the appeal, except as provided in
				subsection (B);
2. Rule summarily
				on the available record; or
3.
				Adjourn the hearing to a later date and time.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-413 - Hearing Proceedings

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The hearing is a de novo proceeding. The Department has the initial burden of
				presenting the evidence to support the adverse action being appealed.
B. The standard of proof is a preponderance
				of the evidence.
C. The Arizona
				Rules of Evidence do not apply at the hearing. The hearing officer may admit
				and give probative effect to evidence as prescribed in A.R.S. §
									41-1062(A).
D. The Office of Appeals shall audio record
				all hearings. The Office of Appeals shall also transcribe the proceedings when
				a transcription is requested by the Appeals Board or when a transcription is
				required for judicial review under A.R.S. §
									41-1993. If a
				transcript is prepared for any purpose, the appellant is entitled to a copy of
				the transcription at no cost.
E. A
				party may, at the party's own expense, arrange to have a court reporter present
				to transcribe the hearing, provided that such transcription does not delay or
				interfere with the hearing. The Office of Appeal's recording of the hearing
				shall constitute the official record of the hearing.
F. The hearing officer shall call the hearing
				to order and dispose of any prehearing motions or issues.
G. With the consent of the hearing officer,
				the parties may stipulate to factual findings or legal conclusions.
H. A party may advance arguments without
				undue interference.
I. A party may
				testify, present evidence, call witnesses, cross-examine adverse witnesses, and
				object to evidence. The hearing officer may also take witness testimony or
				admit evidence on the hearing officer's own motion.
J. The hearing officer shall keep a complete
				record of all proceedings in connection with an appeal.
K. The hearing officer may request the
				parties to submit memoranda on issues in the case if the hearing officer finds
				that the memoranda would assist the hearing officer in deciding the case. The
				hearing officer shall establish a briefing schedule for any required
				memoranda.
L. The recording of the
				hearing, all the evidence presented at the hearing and all papers and requests
				filed shall constitute the record and shall be available to the household or
				its representative at any reasonable time for copying and inspection.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-414 - Hearing Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. No
				later than 60 days after the date the appellant files a request for hearing
				with the Department, the hearing officer shall render a decision based solely
				on the evidence and testimony produced at the hearing and the applicable law.
				The 60-day time limit is extended for any delay necessary to accommodate
				hearing continuances or extensions, or postponements requested by a
				party.
B. The hearing decision
				shall include:
1. Findings of fact concerning
				the issue on appeal;
2. Citations
				to the law and authority applicable to the issue on appeal;
3. A statement of the conclusions derived
				from the controlling facts and law and the reasons for the
				conclusions;
4. The name of the
				hearing officer;
5. The date of the
				decision;
6. A statement of further
				appeal rights, a statement of the process required to initiate a further
				appeal, and the time period for exercising those rights; and
7. That an appeal may result in a reversal of
				the decision.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 4 - APPEALS AND FAIR HEARINGS › Section R6-14-415 - Effect of the Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				the hearing officer affirms the adverse action against the appellant, the
				adverse action is effective as of the date of the initial determination of
				adverse action by the Department. The adverse action remains effective until
				the appellant appeals and obtains a higher administrative or judicial decision
				reversing or vacating the hearing officer's decision.
B. If the hearing officer vacates or reverses
				the Department's decision to take adverse action, the Department shall not take
				the action or shall reverse any adverse action, unless the Department appeals
				and obtains a higher administrative or judicial decision reversing or vacating
				the hearing officer's decision.
C.
				As specified in
				7
				CFR 273.15(c) the Department
				shall:
1. For decisions that result in an
				increase in household benefits:
a. Authorize
				and deposit a benefit supplement in the household's EBT benefit account within
				10 days of the receipt of the hearing decision; or
b. The Department may take longer than 10
				days if it elects to make the decision effective in the household's normal
				issuance cycle, provided that the issuance will occur within 60 days from the
				household's request for the hearing.