Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 14 - DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM › Article 5 - INTENTIONAL PROGRAM VIOLATION › Section R6-14-503 - Administrative Disqualification Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
A. The rules on fair hearings contained in
				Article 4 of this Chapter apply to Intentional Program Violation (IPV)
				Administrative Disqualification Hearings, except as provided in this
				Article.
B. All IPV Administrative
				Disqualification Hearings are conducted by the Department's Office of
				Appeals.
C. If the individual
				suspected of an IPV does not sign and return the waiver of Administrative
				Disqualification Hearing by the return date set in the waiver notice, or
				returns the waiver notice stating they do not waive the Administrative
				Disqualification Hearing, the Office of Appeals shall send the individual a
				written hearing notice. The Office of Appeals shall send the notice by first
				class mail, certified mail - return receipt requested, or any other reliable
				method, no later than 30 days before the scheduled hearing date.
D. The hearing notice shall include the
				following information:
1. The date, time, and
				place of the hearing;
2. The
				allegations of an IPV against the individual;
3. A summary of the evidence, how and where
				the evidence can be examined, and that the individual suspected of the IPV has
				the right to examine the case file prior to the hearing. When requested by the
				household or its representative, the Department shall provide a free copy of
				any documents in the case file, except documents protected by the
				attorney-client or work-product privilege or as otherwise protected by federal
				or state confidentiality laws.
4. A
				notice that the decision will be based solely on information provided by the
				Department if the individual suspected of the IPV fails to appear at the
				hearing;
5. A statement that the
				individual or representative will, upon receipt of the notice, have 10 days
				from the date of the scheduled hearing to present good cause for failure to
				appear in order to receive a new hearing;
6. A warning that a determination of IPV will
				result in disqualification periods as defined by section
				R6-14-505,
				and a statement of which penalty the Department believes is applicable to the
				case scheduled for a hearing;
7. A
				listing of the individual's rights as contained in
				R6-14-410;
8. A statement that the Administrative
				Disqualification Hearing does not preclude the State or Federal Government from
				prosecuting the individual for the IPV in a civil or criminal court action, or
				from collecting any over issuance of Nutrition Assistance benefits;
				and
9. A statement that the
				individual suspected of the IPV may consult with an attorney and a list of any
				individuals or organizations known to the Department that provide free legal
				representation.
10. A notice that
				the individual suspected of the IPV has the right to obtain a copy of the
				Department's published hearing procedures together with an explanation of how
				the individual suspected of the IPV can obtain these procedures.