Arizona Administrative Code

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 eligibil…

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 Sta…

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. 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 bene…

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 …

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 th…

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 ma…

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 th…

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 …

The following definitions apply to this Chapter: 1. "Acceptable medical source" means a registered nurse practitioner or a licensed physician, including a medical or osteopathic doctor; licensed psychologist; licensed optometrist; and licensed podiatrist, as applicable for the pa…

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 ap…

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…

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 …

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 hearin…

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 gro…

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 B…

A. Personally identifiable information. 1. All personally identifiable information concerning an applicant, recipient, or member of a family in the possession of the Department is confidential and not subject to public inspection, except as otherwise specified in A.R.S. § 41-1959…

A. The Department shall maintain a case record for every applicant for or recipient of assistance. B. Except as otherwise provided in subsections (C) and (D) below, the Department shall retain the case record for a period of 3 years after the last date on which the applicant rece…

Each FAA office shall maintain and keep available for public inspection and copying during regular business hours, a copy of the CA program manual. Notes Ariz. Admin. Code § R6-12-104 Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemp…

Notes Ariz. Admin. Code § R6-12-105 Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section repealed by final rulemaking at 16 A.A.R. 815, effective April 22, 2010…

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 …

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 m…

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 excee…

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 stateme…

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 p…

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 requeste…

A. A person found to have committed an IPV is disqualified from program participation for 6 months for the 1st violation; 12 months for the 2nd violation; and permanently for the 3rd violation. B. The Department shall not include the needs of the disqualified person in the assist…

A. A person found to have committed an IPV through an administrative disqualification hearing may appeal the decision to the Department's Appeals Board as prescribed in R6-12-1014. B. Upon a determination of IPV through a signed waiver of a disqualification hearing, the violator …

The Department shall honor sanctions imposed against an applicant or recipient by the Title IV-A agency of another state and shall consider prior violations committed in another state when determining the appropriate sanction. Notes Ariz. Admin. Code § R6-12-1206 Adopted effectiv…

The Department shall operate a wage subsidy program entitled JOBSTART on a statewide basis. Notes Ariz. Admin. Code § R6-12-1301 Adopted effective November 9, 1995 (Supp. 95-4). Amended effective May 15, 1997 (Supp. 97-2). Amended effective July 31, 1997, under an exemption from …

The following definitions apply to this Article: 1. "Adjusted gross monthly wages" means the gross monthly wages a person receives from a JOBSTART-subsidized placement after deductions for federal and state income taxes and Federal Insurance Contributions Act (FICA) contributions…

A. When JOBS notifies FAA that JOBS has assigned a recipient to a JOBSTART-subsidized placement, FAA shall redirect the recipient's CA and Food Stamp Program benefits to the JOBSTART wage pool to reimburse the participant's employer for wages paid to the participant. B. The reimb…

The Department shall exclude as income the participant's gross monthly wages received from the subsidized job placement. Income from other sources shall count pursuant to Article 4. Notes Ariz. Admin. Code § R6-12-1304 Adopted effective November 9, 1995 (Supp. 95-4). Section R6-1…

A. Advance supplemental payments. 1. The Department shall provide an advance supplemental payment to a JOBSTART participant if the adjusted gross wages the participant is expected to receive in a benefit month are less than the combined cash value of the CA and Food Stamp Program…

A. If a recipient fails or refuses to comply with JOBSTART participation requirements without good cause the Department shall decrease the CA grant using the progressive sanction process described in R6-12-316. B. Good cause is limited to the following circumstances: 1. The parti…

Notes Ariz. Admin. Code § R6-12-1307 Adopted effective November 9, 1995 (Supp. 95-4). Section R6-12-1307 renumbered to R6-12-1306 effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).

"Grant Diversion Payment Period" means the time period that begins the first day of the first eligible month and ends the last day of the third eligible month. Notes Ariz. Admin. Code § R6-12-1401 New Section made by final rulemaking at 19 A.A.R. 1638, effective August 4, 2013 (S…

The Department shall offer a Cash Assistance applicant the option of receiving a lump sum Grant Diversion cash benefit when the applicant satisfies all of the following eligibility criteria: 1 The assistance unit includes an adult parent or non-parent caretaker relative; 2 The as…

The Department shall provide an eligible assistance unit a nonrecurring lump sum cash benefit in an amount equal to three times the maximum monthly cash benefit for which the assistance unit would be eligible in the Cash Assistance program, based on zero countable income. The Dep…

AThe Department shall exempt the assistance unit from the change reporting requirements in R6-12-901 during the three month Grant Diversion payment period. BWhen the Department receives a request to add a member to the assistance unit during the three month Grant Diversion paymen…

A. Any person may apply for CA by filing, either in person or by mail, a Department-approved application form with any FAA office. B. The application file date is the date any FAA office receives an identifiable application. An identifiable application is 1 which contains, at a m…

A. An applicant may receive CA for any eligible dependent child, and the parents, siblings, and nonparent relatives of the eligible dependent child residing in the applicant's home who meet the CA financial and nonfinancial eligibility criteria. B. A parent or sibling in a family…

A. Upon receipt of an identifiable application, the Department shall schedule an initial eligibility interview for the applicant at a location which assures a reasonable amount of privacy. Upon request, the Department shall conduct the interview at the residence of a person who i…

A. When an assistance unit is requesting CA due to the mental or physical incapacity of a parent, as provided in R6-12-310(G), the Department shall verify the existence of the disability. B. The assistance unit shall demonstrate incapacity of a parent by providing a medical state…

A. The Department shall obtain independent verification or corroboration of information provided by the applicant, recipient, or family member when required by law, or when necessary to determine eligibility or benefit level. B. The Department may verify or corroborate informatio…

A. The Department shall schedule a home visit: 1. When it reasonably believes that such a visit will avoid an eligibility determination error, or 2. To conduct an initial interview or an eligibility review when a homebound applicant or recipient so requests. B. The Department sha…

A. An applicant may withdraw an application at any time before the Department completes an eligibility determination by requesting a withdrawal from the Department either orally or in writing. B. If an applicant orally asks to withdraw an application the Department shall: 1. Docu…