reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 6 - SPECIAL CA CIRCUMSTANCES › Section R6-12-612 - Expired

Current through Register Vol. 30, No. 28, July 12, 2024
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 6 - SPECIAL CA CIRCUMSTANCES › Section R6-12-613 - Renumbered

Current through Register Vol. 30, No. 28, July 12, 2024
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 6 - SPECIAL CA CIRCUMSTANCES › Section R6-12-616 - Renumbered

Current through Register Vol. 30, No. 28, July 12, 2024
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 7 - DETERMINING ELIGIBILITY AND BENEFIT PAYMENT AMOUNT › Section R6-12-701 - Income Limitations for a Family

Current through Register Vol. 30, No. 28, July 12, 2024
A. A family whose net monthly income does not
				exceed the income limitations in subsection (C) or (D) shall be considered a
				needy family for purposes of determining income eligibility for an assistance
				unit.
B. To determine income
				eligibility, the Department shall calculate the net monthly income of the
				family using the methods listed in
				R6-12-508.
C. When the net monthly income of the family
				exceeds 100% of the federal poverty level for the number of persons in the
				family, the assistance unit is ineligible for CA.
D. When the net monthly income of a family in
				which the head of household is a non-parent caretaker relative who is
				requesting CA only for a dependent child exceeds 130% of the federal poverty
				level for the number of persons in the family, the assistance unit is
				ineligible for CA.
E. The income
				limitations in subsections (C) and (D) shall not apply to a child only
				case.
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 7 - DETERMINING ELIGIBILITY AND BENEFIT PAYMENT AMOUNT › Section R6-12-702 - Eligibility for an Assistance Unit

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall determine eligibility
				for a specific benefit month based on its best estimate of all non-financial,
				resource, and financial criteria that exist, and are expected to exist, for
				that month.
B. An assistance unit
				is eligible for CA when the Department finds that the unit:
1. Satisfies the nonfinancial eligibility
				criteria described in this Chapter,
2. Does not exceed the resource limits
				described in Article 4, and
3.
				Resides in a needy family.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 7 - DETERMINING ELIGIBILITY AND BENEFIT PAYMENT AMOUNT › Section R6-12-703 - Earned Income Disregards

Current through Register Vol. 30, No. 28, July 12, 2024
For the purpose of determining the net monthly income of a
				  family as provided in
				  R6-12-701(C) and
				  (D) for eligibility purposes, and for an
				  assistance unit to determine a benefit amount, the Department shall deduct the
				  following earned income disregards:
1. A $90 work expense allowance for each
				employed person in the family to determine income eligibility, and for employed
				assistance unit members or an employed parent of a dependent child whose income
				and resources are considered available to the assistance unit, to determine a
				cash benefit amount;
2. For each
				wage earning member of the family, to determine income eligibility; and for
				each assistance unit, or employed parent of a dependent child whose income and
				resources are considered available to the assistance unit, to determine a cash
				benefit amount: 30% of any earned income not already disregarded; and
3. The billed expenses for the care of each
				dependent child or incapacitated adult member of the family, to determine
				income eligibility, and of the assistance unit, to determine a cash benefit
				amount.
a. The monthly amount of earned
				income disregarded as a billed expense for the care of a dependent shall not
				exceed:
i. $200 for a child under the age of
				2 years, and
ii. $175 for a child
				age 2 or older and for an incapacitated adult.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 7 - DETERMINING ELIGIBILITY AND BENEFIT PAYMENT AMOUNT › Section R6-12-704 - Disqualification from Earnings Disregards; Good Cause

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall not apply the earned
				income disregards set forth at
				R6-12-703(1) through
				(3) to the earned income of an assistance
				unit member, or an employed parent of a dependent child whose income and
				resources are considered available to the assistance unit, when the assistance
				unit member or parent, without good cause:
1.
				Terminates employment or reduces the hours of employment within the 30 days
				preceding the benefit month;
2.
				Refuses to accept a bona fide offer of employment offered through JOBS, or by
				any other employer, within the 30 days preceding the benefit month;
				or
3. Fails to make a timely report
				of income pursuant to
				R6-12-901.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 7 - DETERMINING ELIGIBILITY AND BENEFIT PAYMENT AMOUNT › Section R6-12-705 - Determining Benefit Payment Amount

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall determine the amount
				of the cash benefit by subtracting the monthly net income of the assistance
				unit, from 36% of the 1992 federal poverty level for the number of persons in
				the assistance unit, and rounding down the resulting figure to the next whole
				dollar in any of the following circumstances:
1. The assistance unit or parent of a
				dependent child whose income and resources are considered available to the
				assistance unit pays, or is obligated to pay, all or part of the shelter costs
				for the place in which assistance unit members reside. Shelter costs include:
a. Rent,
b. Mortgage,
c. Property taxes,
d. Mobile home space or taxes,
e. Homeowner association fees and taxes,
				or
f. The household shelter cost
				obligation is in foreclosure action and the mortgage company will accept back
				payments;
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 7 - DETERMINING ELIGIBILITY AND BENEFIT PAYMENT AMOUNT › Section R6-12-706 - Notice of Eligibility Determination

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the Department finds that the unit
				satisfies all eligibility criteria as specified in this Chapter, the Department
				shall approve the assistance grant and send notice of approval to the
				applicant.
B. If the Department
				finds that the unit does not satisfy 1 or more of the eligibility criteria
				specified in this Chapter, the Department shall send a denial notice to the
				applicant's last known address. The notice shall describe the action taken, the
				specific authority for the action, and the individual's right to request a
				hearing to challenge the action.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 8 - PAYMENTS › Section R6-12-801 - Benefit Payments

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall pay benefits to an eligible assistance unit only during a
				month for which the unit is eligible for a payment.
B. The Department shall make benefit payments
				in the form of a state warrant, payable directly to the eligible recipient, or
				to a protective payee, emergency payee, legal guardian, or vendor.
C. The warrant shall bear a statement which
				shall require the payee to confirm continuing eligibility for benefits when
				endorsing the warrant for payment.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 8 - PAYMENTS › Section R6-12-803 - Supplemental Payments

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall correct underpayments by issuing the assistance unit a
				supplemental payment, regardless of whether the individual who was underpaid is
				eligible on the date the supplemental payment is issued.
B. The Department shall not count such
				supplemental payments as a resource or as income.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 8 - PAYMENTS › Section R6-12-805 - Expired

Current through Register Vol. 30, No. 28, July 12, 2024
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 8 - PAYMENTS › Section R6-12-806 - Protective Payee

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall pay benefits to a protective payee who is not a member of
				the assistance unit:
1. On behalf of all unit
				members when a state or tribal protective service agency notifies FAA that the
				recipient is mismanaging or misappropriating benefits; or
2. On behalf of all unit members other than
				the designated recipient when the recipient is disqualified for IPV or fraud.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 8 - PAYMENTS › Section R6-12-807 - Emergency Payee

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department may pay benefits to a person acting as representative for, or on
				behalf of, a caretaker relative who was receiving benefits for a dependent
				child, when the relative:
1. Dies,
2. Abandons or deserts the child,
3. Is incarcerated, or
4. Is committed to a hospital for the
				mentally ill.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 8 - PAYMENTS › Section R6-12-808 - Identification Card

Current through Register Vol. 30, No. 28, July 12, 2024
Upon request by a recipient, the Department shall issue the
				  recipient an identification card or an electronic benefit transfer card at no
				  cost. The Department shall keep a photograph of the recipient in the
				  recipient's file after issuing an identification card or an electronic benefit
				  transfer card.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 9 - CHANGES; ADVERSE ACTION › Section R6-12-901 - Reporting Changes

Current through Register Vol. 30, No. 28, July 12, 2024
A. As
				a condition of eligibility, the assistance unit shall advise the Department of
				all changes in income, resources, or other circumstances which may affect
				eligibility or benefit amount, within 10 days from the date the change becomes
				known.
B. A change report is
				considered timely if the mailing date is the tenth day from the date the change
				becomes known.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 9 - CHANGES; ADVERSE ACTION › Section R6-12-902 - Withdrawing a Member from the Assistance Unit

Current through Register Vol. 30, No. 28, July 12, 2024
A. A caretaker relative may request that an
				assistance unit member be removed from the unit by filing, with the Department,
				a written request which shall identify the member to be withdrawn, the reason
				for the request, and the date the request is effective.
B. The Department shall acknowledge receipt
				of a withdrawal request and advise the unit in writing within 10 days of
				receipt of the withdrawal request of the effect of the request, as specified
				below.
C. If the request does not
				identify a specific member, the Department shall apply the request to the
				entire assistance unit and terminate benefits.
D. If the person being withdrawn is a
				mandatory member of the assistance unit, the Department shall deem the entire
				assistance unit ineligible and terminate benefits.
E. If the person being withdrawn is not a
				mandatory member of the assistance unit, the Department shall redetermine
				eligibility and benefits in accordance with the provisions of this
				Chapter.
F. If the request does not
				specify an effective date, the Department shall take appropriate action
				effective the 1st month after the month in which the Department receives the
				request.
G. Department action taken
				in response to a request for withdrawal of a member does not require a notice
				of adverse action but does require adequate notice and is appealable.
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 9 - CHANGES; ADVERSE ACTION › Section R6-12-903 - Determining Benefits when Adding or Removing a Member

Current through Register Vol. 30, No. 28, July 12, 2024
A. When the Department receives a request to
				add a member to the assistance unit, or is required to add a mandatory member,
				the Department shall redetermine eligibility including the added member.
1. If the new member renders the unit
				ineligible and is not a mandatory member, the Department shall advise the unit
				of the consequences and permit the unit to withdraw its request to include the
				new member.
2. If the new member
				renders the unit ineligible and is a mandatory member, the unit is ineligible.
				The Department shall provide adequate and timely notice.
3. If the unit remains eligible, the
				Department shall add the new member, effective the date the Department receives
				the request to add the member, and shall include the new member's income in the
				budget.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 9 - CHANGES; ADVERSE ACTION › Section R6-12-904 - Benefit Reduction or Termination

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any change in any factor which the
				Department considers when determining eligibility or benefit amount may result
				in reduction or termination of benefits, consistent with the provisions of this
				Chapter.
B. The Department shall
				terminate benefits if the assistance unit fails to complete the 6-month review
				required by
				R6-12-210.
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 9 - CHANGES; ADVERSE ACTION › Section R6-12-905 - Ineligibility Date for an Assistance Unit

Current through Register Vol. 30, No. 28, July 12, 2024
An assistance unit's ineligibility begins at the time
				  described below:
1. On the first day
				of the same month in which any of the following events occurs:
a. Acquisition of resources in excess of the
				resource limitations specified in Article 4,
b. Receipt of lump sum income as set forth in
				R6-12-505, or
c. A new assistance
				unit member or a person whose income and resources are considered available to
				the assistance unit moves into the home and renders the assistance unit
				ineligible for a cash benefit.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 9 - CHANGES; ADVERSE ACTION › Section R6-12-906 - Ineligibility Date for an Individual Member of an Assistance Unit

Current through Register Vol. 30, No. 28, July 12, 2024
Ineligibility for an individual member of an assistance unit
				  begins on the 1st day of the 1st month in which the member is not eligible on
				  the date CA benefits are paid when the member is rendered ineligible for any
				  reason.
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 9 - CHANGES; ADVERSE ACTION › Section R6-12-907 - Notice of Adverse Action

Current through Register Vol. 30, No. 28, July 12, 2024
A. When the Department plans to take adverse
				action against an assistance unit, the Department shall provide the unit with
				adequate and timely notice, except as provided in subsection (C).
B. The Department shall mail such notice, 1st
				class, postage prepaid, to the last known residential address for the unit, or
				other designated address for the unit as allowed pursuant to
				R6-12-802(A).
C. In addition to the
				information listed in
				R6-12-101(1),
				the notice shall contain the following information:
1. The date the adverse action is
				effective;
2. The names of the
				eligible and ineligible persons in the unit, if changed by the intended action;
				and
3. Any effect the intended
				action may have on the unit members' AHCCCS medical eligibility.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 9 - CHANGES; ADVERSE ACTION › Section R6-12-908 - Referral for Investigation

Current through Register Vol. 30, No. 28, July 12, 2024
FAA shall refer a case to OSI for investigation when:
1. An applicant or recipient refuses to
				cooperate as required pursuant to
				R6-12-302;
2. An applicant or recipient refuses to sign
				a statement attesting to forgery of a signature on a cashed warrant;
3. The Department has valid reason to suspect
				that an act has been committed for the purpose of deception, misrepresentation,
				or concealment of information relevant to a determination of eligibility or the
				form or amount of a benefit payment; or
4. The FAA suspects the commission of theft
				or fraud related to CA or any conduct listed in A.R.S. §
									46-215.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1001 - Entitlement to a Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				applicant for or recipient of CA is entitled to a hearing to contest the
				following Department actions:
1. Denial of
				the right to apply for assistance;
2. Complete or partial denial of an
				application for assistance or for supplemental benefits;
3. Failure to make an eligibility
				determination on an application within 45 days of the application
				date;
4. Suspension, termination,
				reduction, or withholding of benefits except as provided in subsection
				(B).
5. The existence or amount of
				an overpayment attributed to the unit or the terms of a plan to repay the
				overpayment;
6. Changing the manner
				or form of payment including naming a protective payee to receive the benefit
				payment; or
7. Denial or
				termination of child care benefits.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1002 - Request for Hearing; Form; Time Limits

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person who wishes to appeal an adverse
				action shall file a written request for a fair hearing with a local FAA office,
				within 20 days of the adverse action notice date.
B. A request for a hearing is deemed filed:
1. On the date it is mailed, if transmittal
				via the United States Postal Service or its successor. The mailing date is as
				follows:
a. As shown by the
				postmark;
b. As shown by the
				postage meter mark of the envelope in which it is received, if there is no
				postmark; or
c. The date entered on
				the document as the date of its completion, if there is no postmark, or no
				postage meter mark, or if the mark is illegible.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1003 - Hearing Requests; Preparation and Processing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall advise the appellant
				of any free legal services available to assist the appellant in completing the
				request for appeal. If the appellant so requests, the Department shall assist
				the appellant in preparing the request.
B. Within 2 working days of receiving a
				request for appeal, the local FAA office shall notify the Office of Appeals of
				the hearing request.
C. Within 10
				days of receiving a request for appeal, the local FAA office shall prepare and
				forward to the Office of Appeals a prehearing summary which shall include:
1. The appellant's name (and case name, if
				different);
2. The appellant's SSN
				(or case number, if different);
3.
				The local office responsible for the appellant's case;
4. A brief summary of the facts surrounding,
				and the grounds supporting, the adverse action;
5. Citations to the specific provisions of
				the Department's CA manual which support the Department's action; and
6. The decision notice and any other
				documents relating to the appeal.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1004 - Stay of Adverse Action Pending Appeal; Exceptions

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an appellant files a request for appeal
				within 10 calendar days of the adverse action notice date, the Department shall
				stay imposition of the adverse action and continue benefits at the current
				level unless:
1. The appellant specifically
				waives continuation of current benefits;
2. The appeal results from a change in
				federal or state law which mandates an automatic grant adjustment for all
				classes of recipients and does not involve a misapplication of the
				law;
3. The appellant is requesting
				continuation of TPEP benefits for longer than 6 months within a 12-month
				period; or
4. The appellant is
				requesting continuation of benefits for longer than 24 months within any
				consecutive 60-month period.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1005 - Hearing Officer; Qualifications; Duties; Subpoenas

Current through Register Vol. 30, No. 28, July 12, 2024
A. An impartial hearing officer in the
				Department's Office of Appeals shall conduct all hearings.
B. The hearing officer shall:
1. Administer oaths and
				affirmations;
2. Regulate and
				conduct the hearing in an orderly and dignified manner, which avoids undue
				repetition and affords due process to all participants;
3. Ensure that all relevant issues are
				considered;
4. Exclude irrelevant
				evidence from the record;
5.
				Request, receive, and incorporate into the record all relevant
				evidence;
6. Order, when relevant
				and useful to a resolution of the issue in a case, an independent medical
				assessment or professional evaluation from a source mutually satisfactory to
				the appellant and the Department;
7. Upon compliance with the requirements of
				subsection (C), subpoena witnesses or documents needed for the
				hearing;
8. Open, conduct, and
				close the hearing;
9. Rule on the
				admissibility of evidence at a hearing;
10. Direct the order of proof at the
				hearing;
11. For good cause shown,
				and upon the request of an interested party, or on the hearing officer's own
				motion, take such action as the hearing officer deems necessary to the proper
				disposition of an appeal, including, without limitation, the following:
a. Recuse or disqualify himself from the
				case;
b. Continue the hearing to a
				future time or date;
c. Prior to
				entry of a final decision, reopen the hearing to take additional
				evidence;
d. Deny or dismiss the
				appeal or request for hearing in accordance with the provisions of this
				Article;
e. Exclude non-party
				witnesses from the hearing room; and
12. Issue a written decision deciding the
				appeal.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1006 - Hearings: Location; Notice; Time

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Office of Appeals shall schedule the
				hearing at the office location most convenient to the interested
				parties.
B. The Office of Appeals
				shall issue all interested parties a notice of the first hearing at least 10
				calendar days before the hearing. The appellant may waive the 10-day notice
				period or request a continuance.
C.
				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. The issues
				involved in the case;
4. A
				statement listing the appellant's rights, as follows:
a. To appear in person or by
				telephone;
b. To have a
				representative present the case;
c.
				To copy, at a reasonable time prior to the hearing or during the hearing, any
				documents in the appellant's case file which are relevant to the issues being
				heard, and all documents the Department may use at the hearing;
d. To obtain assistance from the local FAA
				office to prepare for the hearing; and
e. To obtain, from the local FAA office,
				information on available community legal resources who may be able to represent
				the appellant.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1007 - Rescheduling the Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				appellant may request a continuance of the hearing by calling or writing the
				Office of Appeals and providing good cause as to why the hearing should be
				postponed.
B. The Office of Appeals
				must receive the request at least 5 work days before the scheduled hearing date
				and may deny an untimely request or a request which fails to establish good
				cause.
C. When a hearing is
				rescheduled, the Office of Appeals shall provide appropriate notice to all
				interested parties.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1008 - Hearings Concerning Disability Determinations

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person who appeals an adverse
				determination of disability may ask to receive another medical examination
				before the hearing.
B. Upon receipt
				of such a request, the FAA local office shall schedule the examination with a
				licensed physician, psychologist, or psychiatrist. If the appellant does not
				designate a particular examiner, the Department may choose.
C. At any time prior to issuing a decision,
				the hearing officer may ask the District Medical Consultant to schedule the
				appellant for a special diagnostic evaluation by a specialist.
D. Upon receipt of a report on the special
				evaluation, the hearing officer may, but is not required to, have the District
				Medical Consultant evaluate the report and render an opinion on the appellant's
				disability and employability.
E.
				The hearing officer may consider, but is not bound by, the Medical Consultant's
				opinion, which shall qualify as an expert medical opinion.
F. In deciding the appeal of a disability
				determination, the hearing officer shall consider:
1. All medical, social, and vocational
				reports which are relevant to the issue of disability; and
2. The appellant's testimony as to the
				appellant's physical and medical condition or symptomatology.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1009 - Group Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
The Department may conduct a single group hearing on
				  individual requests for a hearing, under the following circumstances:
1. The sole issue in each case is
				interpretation of the same question of federal or state law or
				policy,
2. Each appellant may
				present or have an authorized representative present his or her own
				case,
3. Any appellant may withdraw
				from the group hearing and obtain an individual hearing.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1010 - Withdrawal of Appeal; Default

Current through Register Vol. 30, No. 28, July 12, 2024
A. An appellant may voluntarily withdraw an
				appeal at any time prior to the scheduled hearing by signing a written
				statement expressing the intent to withdraw. The Department shall make a
				withdrawal form available for this purpose.
B. An appellant may involuntarily withdraw an
				appeal by failing to appear at the scheduled hearing.
1. Except as provided in subsection (C), the
				hearing officer may enter a default decision dismissing the appeal if the
				appellant fails to appear at a scheduled hearing.
2. When the appellee fails to appear at the
				hearing, the hearing officer may rule summarily on the available record or may
				adjourn the hearing to a later date and time.
3. If, within 10 days of the scheduled
				hearing date at which the appellant failed to appear, the appellant files a
				written request to reopen the proceedings and establishes good cause for
				non-appearance, the hearing officer shall reopen the proceedings and reschedule
				the hearing with notice to all interested parties.
4. Good cause, for the purpose of reopening a
				hearing, is established if the failure to appear at the hearing and the failure
				to timely notify the hearing officer were beyond the reasonable control of the
				nonappearing party.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1011 - Hearing Proceedings

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Standard of review and burden of proof.
1.
				The hearing is a de novo proceeding. To prevail on appeal, the appellant must
				prove eligibility or entitlement to benefits by a preponderance of the
				evidence.
2. The Department has the
				initial burden of going forward with presentation of the evidence.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1012 - Hearing Decision; Time Limits; Form; Contents; Finality

Current through Register Vol. 30, No. 28, July 12, 2024
A. No later than 90
				days after the date the appellant files a request for appeal, the hearing
				officer shall render a written decision based solely on the evidence and
				testimony produced at the hearing and applicable federal and state law. The
				time limit is extended for any delay caused by the appellant.
B. The decision shall include:
1. Findings of facts pertinent to the
				issue;
2. Citations to the law and
				authority applicable to the case;
3. A statement of conclusions derived from
				the controlling facts and law, and the reasons for the conclusions;
				and
4. A statement of further
				appeal rights available to the appellant and the time period for exercising
				those rights.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1013 - Implementation of the Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the decision requires a local office to
				take further action, such action shall occur within 10 calendar days of the
				date of the decision.
B. All
				decisions in favor of the appellant apply retroactively to the date of the
				action being appealed or the date stated by the hearing officer in the written
				decision.
C. If the decision
				affirms the Department's decision to take adverse action, the Department shall
				treat any resulting overpayment as a client-caused, non-fraud
				overpayment.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1014 - Further Appeal and Review of Hearing Decisions; Stay of Adverse Action

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party may
				appeal an adverse hearing decision to the Department's Appeals Board.
1. The party shall file a written petition
				for review with the Office of Appeals within 15 calendar days of the mailing
				date of the hearing officer's decision.
2. The petition shall state the grounds for
				review and be signed and dated.
3.
				The petition is deemed filed:
a. On the date
				it is mailed, if transmittal via the United States Postal Service or its
				successor. The mailing date is as follows:
i.
				As shown by the postmark;
ii. As
				shown by the postage meter mark of the envelope in which it is received, if
				there is no postmark; or
iii. The
				date entered on the document as the date of its completion, if there is no
				postmark, or no postage meter mark, or if the mark is illegible.
b. On the date it is
				hand-delivered to the Office of Appeals.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 10 - APPEALS › Section R6-12-1015 - Appeals Board Proceedings and Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon receipt of a request for further
				review, the Office of Appeals shall transcribe the record of hearing and
				transfer the record to the Appeals Board.
B. The Appeals Board may decide the appeal
				based solely on the record of proceedings before the hearing officer or, if the
				Board is unable to decide the appeal on the available record, the Board may
				remand the case for rehearing, specifying the nature of any additional evidence
				required or any further issues for consideration, or conduct a hearing at the
				Appeals Board to take additional evidence.
C. The Appeals Board shall issue, and mail to
				all parties, a final written decision affirming, reversing, or modifying the
				hearing decision and specifying the parties' right to seek further
				review.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 11 - OVERPAYMENTS › Section R6-12-1101 - Overpayments: Date of Discovery; Collection; Exceptions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as provided in subsection (E), the
				Department shall pursue collection of all overpayments.
B. The Department discovers an overpayment on
				the date the Department determines that an overpayment exists.
C. The Department shall write an overpayment
				report within 90 days of the discovery date.
D. If the FAA office suspects that an
				overpayment was caused by fraudulent activity, it shall refer the overpayment
				report to the Department's Office of Special Investigations for potential
				prosecution.
E. The Department
				shall not attempt to recover an overpayment from a person who is not a current
				recipient when the overpayment was not the result of an intentional program
				violation or fraud, and:
1. The total
				overpayment is less than $35, or
2.
				The Department has exhausted reasonable efforts to collect an overpayment of
				$35 or more and has determined that it is no longer cost-effective to pursue
				the claim.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 11 - OVERPAYMENTS › Section R6-12-1102 - Overpayments: Persons Liable

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall pursue collection of
				an overpayment from:
1. The assistance unit
				which was overpaid;
2. Any
				assistance unit of which a member of the overpaid unit has subsequently become
				a member; or
3. Any individual
				member of the overpaid assistance unit, even if that member is not currently
				receiving benefits.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 11 - OVERPAYMENTS › Section R6-12-1103 - Methods of Collection and Recoupment

Current through Register Vol. 30, No. 28, July 12, 2024
A. When an overpaid assistance unit is
				currently receiving benefits, the Department shall permit the unit to choose 1
				of the following repayment methods:
1. Offset
				against any underpayment due the unit;
2. Cash payments;
3. Reduction in current benefits, in an
				amount not to exceed 10% of the unit's monthly payment, unless the unit desires
				a larger reduction;
4. A
				combination of the above methods.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 12 - INTENTIONAL PROGRAM VIOLATION › Section R6-12-1201 - Intentional Program Violations (IPV); Defined

Current through Register Vol. 30, No. 28, July 12, 2024
A. An intentional program violation (IPV) is
				an action by an individual, for the purpose of establishing or maintaining the
				family's eligibility for CA or for increasing or preventing a reduction in the
				amount of the grant, which is intentionally:
1. A false or misleading statement or
				misrepresentation, concealment, or withholding of facts; or
2. Any act intended to mislead, misrepresent,
				conceal, or withhold facts or propound a falsity.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 12 - INTENTIONAL PROGRAM VIOLATION › Section R6-12-1202 - IPV Disqualification Proceedings; Hearing Waiver

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall initiate an
				administrative disqualification proceeding, or a referral for prosecution, upon
				receipt of sufficient documentary evidence substantiating that an assistance
				unit member has committed an IPV.
B. When the Department initiates a
				disqualification proceeding, the Department shall mail the assistance unit
				member suspected of an IPV written notice of the right to waive the
				disqualification hearing.
C. The
				waiver notice shall include the following information:
1. The charges against the suspected violator
				and a description of the evidence supporting the charges;
2. An explanation of the disqualification
				sanctions imposed for intentional program violations;
3. A warning that the administrative
				proceeding does not preclude other civil or criminal court action;
4. The date that the signed waiver notice
				must be received by the Department should the suspected violator wish to avoid
				the hearing;
5. Signature lines for
				the suspected violator and the suspected violator's current caretaker relative
				if the suspected violator is not the caretaker relative;
6. A statement that the caretaker relative
				must also sign the waiver if the suspected violator is not the caretaker
				relative;
7. A statement of the
				suspected violator's right to remain silent concerning the charge;
8. A warning that anything said, written, or
				signed by the suspected violator concerning the charge may be used against him
				or her in administrative proceedings or a court of law;
9. A warning that any waiver of the hearing
				establishes an IPV, eliminates the right to further administrative appeal, and
				will result in disqualification and a reduction in benefits for other
				assistance unit members for the period of disqualification;
10. Statements providing the suspected
				violator an opportunity to admit to the facts supporting disqualification or
				waive the hearing without admitting to the facts;
11. The name, address, and telephone number
				of a Department representative whom the suspected violator may contact for
				further information;
12. A list of
				persons or organizations which may provide the suspected violator with free
				legal advice regarding the IPV; and
13. A warning that the Department shall hold
				any remaining household members responsible for repayment of any overpayment
				arising from the IPV.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 12 - DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM › Article 12 - INTENTIONAL PROGRAM VIOLATION › Section R6-12-1203 - Disqualification Proceedings; Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the suspected violator does not sign
				and return the waiver notice by the return date set in the waiver notice, the
				Office of Appeals shall send the suspected violator a notice of hearing. The
				Office of Appeals shall send the notice by certified mail, return receipt
				requested, no later than 30 days before the scheduled hearing date.
B. The notice of hearing shall include the
				following information:
1. The date, time, and
				place of the hearing;
2. The
				charges against the suspected violator;
3. A summary of the evidence supporting the
				charges;
4. The location where the
				suspected violator may examine the supporting evidence before the
				hearing;
5. A warning that the
				hearing officer shall render a decision based solely on the evidence which the
				Department offers if the suspected violator does not appear for the
				hearing;
6. An explanation of the
				suspected violator's right to show good cause for a failure to appear at the
				hearing and the procedure for doing so;
7. An explanation of the sanctions the
				Department shall impose if the hearing officer finds that the suspected
				violator committed an IPV;
8. A
				listing of the suspected violator's procedural rights;
9. A warning that the pending administrative
				hearing does not preclude other civil or criminal court action;
10. A statement advising of any free legal
				advice which may be available;
11.
				A statement explaining how to obtain a copy of the Department's published
				hearing procedures; and
12. A
				statement that the suspected violator may have the hearing postponed by
				contacting the hearing officer at least 10 days before the hearing date and
				asking for a postponement.