Arizona Administrative Code

Notes Ariz. Admin. Code § R6-14-215 R6-14-215 recodified from A.A.C. R6-3-2015 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-216 R6-14-216 recodified from A.A.C. R6-3-2016 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-217 R6-14-217 recodified from A.A.C. R6-3-2017 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-218 R6-14-218 recodified from A.A.C. R6-3-2018 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

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…

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 veri…

A. For all claims other than a claim resulting from trafficking: 1. The Department shall determine whether the overpayment of benefits occurred at the time an eligibility determination was rendered for a new or recertification application or whether the overpayment occurred durin…

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 A…

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). Notes Ariz. Admin. Code § R6-14-305 R6-14-305 recodified from A.A.C. R6-3-2105 effective February …

The Department may accept all forms of payment, including the methods listed in 7 CFR 273.18(f) to collect a claim. Notes Ariz. Admin. Code § R6-14-306 R6-14-306 recodified from A.A.C. R6-3-2106 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11…

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 Assi…

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 eco…

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 cla…

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). Notes Ariz. Admin. Code § R6-14-310 R6-14-310 recodified from A.A.C. R6-3-2110 …

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. T…

Notes Ariz. Admin. Code § R6-14-312 R6-14-312 recodified from A.A.C. R6-3-2112 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-313 R6-14-313 recodified from A.A.C. R6-3-2113 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-314 R6-14-314 recodified from A.A.C. R6-3-2114 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-315 R6-14-315 recodified from A.A.C. R6-3-2115 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-316 R6-14-316 recodified from A.A.C. R6-3-2116 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-317 R6-14-317 recodified from A.A.C. R6-3-2117 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-318 R6-14-318 recodified from A.A.C. R6-3-2118 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-319 R6-14-319 recodified from A.A.C. R6-3-2119 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-320 R6-14-320 recodified from A.A.C. R6-3-2120 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-321 R6-14-321 reserved; Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-322 R6-14-322 recodified from A.A.C. R6-3-2122 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-323 R6-14-323 recodified from A.A.C. R6-3-2123 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-324 R6-14-324 recodified from A.A.C. R6-3-2124 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-325 R6-14-325 recodified from A.A.C. R6-3-2125 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-326 R6-14-326 recodified from A.A.C. R6-3-2126 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Notes Ariz. Admin. Code § R6-14-327 R6-14-327 recodified from A.A.C. R6-3-2127 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

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 co…

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…

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. A…

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…

A. The Office of Appeals shall schedule the hearing. The Office of Appeals may schedule a telephonic hearing instead of an in-person hearing or permit a witness or party, upon request, to appear telephonically. B. Unless the appellant requests an earlier hearing date, the Office …

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…

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 rel…

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. B. The party r…

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 th…

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 th…

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 coe…

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. B. The…

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 he…

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 or transmittal date of the hearing…