Arizona Administrative Code

Notes Ariz. Admin. Code § R6-13-1205 Reserved section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).

Notes Ariz. Admin. Code § R6-13-1206 R6-13-1206 recodified from A.A.C. R6-3-1206 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).

Notes Ariz. Admin. Code § R6-13-1207 R6-13-1207 recodified from A.A.C. R6-3-1207 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).

Notes Ariz. Admin. Code § R6-13-1208 R6-13-1208 recodified from A.A.C. R6-3-1208 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).

Notes Ariz. Admin. Code § R6-13-1209 R6-13-1209 recodified from A.A.C. R6-3-1209 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).

A. The Department shall convert income received in a regular amount on an ongoing basis into a monthly amount as follows:1. Multiply weekly amounts by 4.3, 2. Multiply biweekly amounts by 2.15, 3. Multiply semimonthly amounts by 2, 4. Divide quarterly amounts by 3, 5. Divide semi…

Notes Ariz. Admin. Code § R6-13-1210 R6-13-1210 recodified from A.A.C. R6-3-1210 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).

Notes Ariz. Admin. Code § R6-13-1211 R6-13-1211 recodified from A.A.C. R6-3-1211 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).

Notes Ariz. Admin. Code § R6-13-1212 R6-13-1212 recodified from A.A.C. R6-3-1212 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).

Notes Ariz. Admin. Code § R6-13-1213 R6-13-1213 recodified from A.A.C. R6-3-1213 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective August 29, 2009 (Supp. 09-4).

The Department shall verify all income as provided in R6-13-107 before determining eligibility and benefit amount. Notes Ariz. Admin. Code § R6-13-122 New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).

For the purpose of determining the countable monthly net income in R6-13-119(A)(2) and for use in the TC Payment Standard Test as provided in R6-13-124, the Department shall deduct a $24 work expense deduction from the countable monthly earned income of each employed person in th…

A. To determine income eligibility for a TC cash benefit, the Department shall: 1. Establish whether to use an A-1 Standard or an A-2 Standard shelter cost factor to complete the financial determination. a. The Department shall use the A-1 Standard when: i. The assistance unit pa…

A. The Department shall pay benefits to an assistance unit for each month in which the Department determines it to be eligible. B. The Department shall make benefits available no later than the 30th day following the date of application for the initial month, and on the first day…

The Department shall provide benefit payments by making direct deposits into: 1. An Electronic Benefit Transfer (EBT) account established for the assistance unit by the Department, or 2. A financial institution account established by the recipient. Notes Ariz. Admin. Code § R6-13…

A. The Department shall authorize access to an EBT account to: 1. The recipient; or 2. An EBT Alternate Card Holder, as provided in R6-13-128. B. The Department shall: 1. Provide the recipient with a brochure that explains EBT usage, 2. Inform the recipient that the EBT card will…

A recipient may designate up to two EBT Alternate Card Holders who shall have full access to the TC benefit available in the EBT account. The EBT Alternate Card Holder shall: 1. Receive his or her own EBT card by mail, and 2. Contact the EBT provider's Customer Service Hotline te…

When an assistance unit moves to another state, it is entitled to any benefits remaining in its EBT account. The assistance unit may obtain benefits by accessing the account with the EBT card before leaving Arizona or at an Automated Teller Machine (ATM) displaying the QUEST symb…

The assistance unit shall report a lost, stolen, or damaged EBT account access card as soon as possible, either by telephone to the EBT 24-hour Customer Service Hotline or to the Department during normal business hours. 1. Any funds removed from an EBT account prior to the assist…

The assistance unit shall retain the right to access the EBT account for one year from the original date of benefit availability, regardless of the status of the TC case. 1. If the assistance unit does not access an EBT account for 60 days, the Department shall notify the assista…

A. The Department shall correct underpayments of TC assistance by issuing the assistance unit a supplemental payment regardless of whether the underpaid individual is eligible on the date the supplemental payment is issued. B. The Department shall not count such supplemental paym…

An overpayment exists when an assistance unit receives a TC payment that exceeds the amount the assistance unit was eligible to receive. 1. The Department shall pursue collection of all overpayments under A.R.S. § 46-213. 2. The Department shall send the recipient a notice of ove…

A. When an overpaid assistance unit is currently receiving benefits, the Department shall seek recovery using one or more of the following repayment methods: 1. Offset against any amounts underpaid to the assistance unit and due in the current month; 2. Cash payments; 3. Reductio…

When determining an overpayment amount, an assistance unit's overpayment period begins in one of the following: 1. The benefit month for which an initial TC payment is issued, when the assistance unit was ineligible for the amount of assistance paid; or 2. The first day of the se…

When the Department of Health Services notifies the FAA that an individual receiving TC payments has completed treatment for active or suspected tuberculosis, that individual is no longer eligible for TC payments. Notes Ariz. Admin. Code § R6-13-136 New Section made by final rule…

A. The Department shall complete a review of all eligibility factors for each assistance unit at least once every six months. The first eligibility review shall begin in the fifth month following the first month of TC eligibility. B. The Department shall mail, or otherwise transm…

A. The assistance unit shall report, verbally or in writing, all changes that have the potential to affect eligibility or the benefit amount within 10 days from the date the change becomes known. This includes changes to any of the following: 1. Residential address; 2. Shelter ex…

A. The Department shall redetermine eligibility for TC benefits and, if applicable, recalculate a TC benefit amount when the assistance unit reports a change directly to the Department, when someone acting on behalf of the assistance unit reports a change, or if an automated syst…

A. The Department shall reinstate terminated benefit payments within 10 calendar days when: 1. The Department terminated benefit payments in error, 2. The Department receives a court order or administrative hearing decision mandating reinstatement, or 3. The recipient timely file…

A. A notice of adverse action shall contain: 1. The adverse action taken, 2. The reason for the adverse action, 3. The effective date of the adverse action, 4. The name and telephone number of the Administration office to contact for additional information, 5. The telephone numbe…

A. An applicant or recipient who appeals an adverse action is entitled to request an administrative hearing to challenge the action as provided in this Article. B. An adverse action resulting from a uniform change in federal or state law is not appealable unless the Department mi…

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 …

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 …

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 s…

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 otherwi…

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 e…

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 …

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 …

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. B. The pa…

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 th…

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 …

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 a…

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 ti…

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, …

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 …

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 admin…

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…