Arkansas Administrative Code

20 CAR § 502-109. Electronic case record organization. (a)(1) All forms and supporting documents related to an individual or household will be filed in the individual’s or household’s electronic case record in ANSWER. (2) Application forms and other forms and documents relating t…

20 CAR § 502-110. Disposition of records. (a)(1) Transitional employment assistance (TEA) records will be purged when the case has been closed continuously for five (5) years unless an audit is being conducted at that time or there is an outstanding overpayment claim. (2) In this…

20 CAR § 502-1101. Requirements generally. (a) The following procedures will be used to verify and take action on information received as a result of a covered computer match. (b) Internal Revenue Service Match BENDEX Wage. (1) The Internal Revenue Service match will be processed…

20 CAR § 502-1102. Monitoring process. (a) The Program Eligibility Analyst will conduct a random review of pending applications and cases each month for compliance and provide a report to the Area Director. (b) The Program Eligibility Analyst assigned to the Internal Revenue Serv…

20 CAR § 502-1103. Social Security number or name mismatches (Codes 1 or 5). (a) View the person’s Social Security card and obtain a photocopy if one is not already in the case record. (b)(1) If the number shown on the card is different from the number shown in ANSWER, make the n…

20 CAR § 502-1104. Date of birth mismatch. (a) View or obtain a copy of the individual’s birth certificate or other proof of age. (b)(1) If the age documentation shows a date of birth different from that shown in ANSWER, make the necessary corrections to ANSWER and change the enu…

20 CAR § 502-1201. Lost or stolen EBT card. The county will follow procedures outlined in the Electronic Benefits Transfer (EBT) handbook for reporting a lost or stolen EBT card and obtaining a new card.

20 CAR § 502-1202. Lost, stolen, and/or forged checks (reimbursement, diversion, relocation). (a) If a payee notifies the county office that a diversion check has not been received, the worker will determine: (1) If a check has been issued and mailed; (2) If it has been at least …

20 CAR § 502-1203. Procedure for replacing a missing check. (a)(1)(A) If a check has not been returned to the Office of Finance within ten (10) days of the check issue date, and the payee states he or she has not received the check, the county office will complete section A of Fo…

20 CAR § 502-1204. Checks returned to the Office of Finance. If a check has been returned by the post office to the Office of Finance, the following procedures will be followed: (1)(A) Upon receipt of a returned check issued through AASIS, the Office of Finance will access the Ch…

20 CAR § 502-1205. Mutilated checks. (a) A check that has been damaged or marred to the point that it cannot be cashed is considered to be mutilated. (b) If a mutilated check is brought to the county office by the payee, the following procedures will be followed: (1) The mutilate…

20 CAR § 502-1301. Termination of cash assistance generally. (a) A case will be closed: (1)(A) When the recipient has requested closure. (B) Advance notice will be given if required. (C) Refer to 20 CAR § 502-802; (2) Upon notice of another state agency that the recipient is bein…

20 CAR § 502-1302. Time limit. (a)(1) A family that includes an adult is eligible for transitional employment assistance (TEA) cash assistance benefits for a period of not more than twelve (12) months. (2) The twelve (12) months need not be consecutive months. (b)(1) During perio…

20 CAR § 502-1303. Intentional program violation (IPV). (a) The family of any individual who pleads guilty or nolo contendere to, or is found guilty of, an intentional program violation (IPV) in the Transitional Employment Assistance Program will be ineligible for further partici…

20 CAR § 502-1304. Earnings related. (a) If at any point it is determined that a family is no longer eligible for transitional employment assistance (TEA) benefits due to earnings, the TEA case will be closed. (b) An advance notice of closure will be required. (c)(1) In addition,…

20 CAR § 502-1305. Extended support services (ESS). (a) Extended support services (ESS) are available to certain families who lose eligibility for transitional employment assistance (TEA) due to earnings. (b) These services are: (1) Child care; (2) ESS employment bonus and transp…

20 CAR § 502-1401. Purpose. (a) The Fraud Investigation Unit of the Department of Human Services identifies, investigates, and refers for prosecution any individual accused of committing theft of property or theft of public benefits as defined by state law. (b) This includes agen…

20 CAR § 502-1402. Organization. The Fraud Investigation Unit is organizationally located within the Office of Security and Compliance of the Department of Human Services.

20 CAR § 502-1403. Functions. The Fraud Investigation Unit of the Department of Human Services has the following major functions: (1) Review the case record and independently verify information contained in the file to determine if a criminal investigation is warranted; (2) Inves…

20 CAR § 502-1404. Referral sources. Reports of suspected fraud may be received from any source within the Department of Human Services, the general public, public officials, other public agencies, or by the Fraud Investigation Unit of the Department of Human Services itself.…

20 CAR § 502-1405. Reporting suspected fraud. (a) Criteria for reporting suspected fraud: (1) The suspected fraudulent act or acts resulted in a cumulative overpayment of two hundred dollars ($200) or more; or (2) Cases in which the participant is receiving assistance in two (2) …

20 CAR § 502-1406. Review of case. (a) When a referral is made to the Fraud Investigation Unit of the Department of Human Services, the circumstances will be reviewed to determine if the case warrants investigation toward criminal prosecution. (b) If one (1) or more of the follow…

20 CAR § 502-1407. Case accepted for investigation. The following procedures will be completed for reports of suspected fraud that warrant criminal prosecution: (1)(A) The case record and any other pertinent information concerning the suspected participant will be requested from …

20 CAR § 502-1408. Disposition of investigations. (a) The Fraud Investigation Unit of the Department of Human Services will notify the local office manager of the initial disposition of each referral. (b) For cases referred for prosecution, the Fraud Investigation Unit will: (1) …

20 CAR § 502-1409. Decision to prosecute. (a) The director of the Fraud Investigation Unit of the Department of Human Services will present the original investigative report of any case deemed worthy of prosecution to the prosecuting attorney. (b) The prosecutor has sole discreti…

20 CAR § 502-1501. Administrative hearings generally. (a) The purpose of the hearing process is to provide a mechanism by which: (1) An applicant may appeal the: (A) Denial of transitional employment assistance (TEA); or (B) Failure of the Division of County Operations to process…

20 CAR § 502-1502. Appeal process. (a) A petitioner or his or her designated representative may request a hearing by: (1) Completing the reverse side of the Notice of Action; (2) Making the request by letter to the Office of Appeals and Hearings of the Department of Human Service…

20 CAR § 502-1503. Division of County Operations administrative hearing file. (a)(1) When the Office of Appeals and Hearings of the Department of Human Services notifies the Division of County Operations that a petitioner has filed a timely request for a hearing, the caseworker w…

20 CAR § 502-1504. Subpoenas. (a)(1) The Office of Appeals and Hearings of the Department of Human Services will provide notice to the parties of the process by which subpoenas may be issued. (2) Each party must provide to the Office of Appeals and Hearings the correct name and c…

20 CAR § 502-1505. Continuation of assistance or service during the appeal process. (a) If a petitioner files an appeal for a hearing within the ten-day advance notice period, or five (5) days in case of probable fraud, the case will remain open at the petitioner’s request until …

20 CAR § 502-1506. Scheduling the hearing. The Office of Appeals and Hearings of the Department of Human Services will schedule the hearing and send a letter to advise the petitioner of the: (1) Time, date, and place of hearing; and (2) Name of the hearing official who will condu…

20 CAR § 502-1507. Place of hearing. (a) The hearing will normally be held by telephone in the Division of County Operations county office in the county in which the participant resides. (b) The telephone hearing may be held in another location if, in advance of the hearing, the …

20 CAR § 502-1508. Assistance in preparation of an appeal. The Division of County Operations will provide reasonable assistance to the petitioner in preparing for a hearing, if requested.

20 CAR § 502-1509. Abandonment of the appeal. (a) Regardless of whether the petitioner is represented, the petitioner must: (1) Appear in person for all hearings regarding program eligibility or program services; or (2) Show good cause why he or she cannot be present. (b)(1) If a…

20 CAR § 502-1510. Withdrawal of the appeal. (a) If a petitioner advises the county office that he or she wishes to withdraw the request for a hearing, he or she will be requested to sign a statement to this effect or to sign a DHS-1201, Withdrawal of Request for Fair Hearing. (b…

20 CAR § 502-1511. Division of County Operations hearing responsibilities. (a) It is the responsibility of the Division of County Operations to provide an office with privacy in which a hearing can be conducted as well as necessary telephone and/or computer equipment for hearings…

20 CAR § 502-1512. Conducting the hearing. (a)(1) The hearing will be conducted by a hearing official from the Office of Appeals and Hearings of the Department of Human Services. (2) No person having any part in making the decision being appealed may serve as the hearing official…

20 CAR § 502-1513. Additional medical assessment. If the hearing involves medical issues, such as those concerning a diagnosis, an examining physician’s report, or a Medical Review Team’s decision, and if the hearing official considers it necessary to have a medical assessment ot…

20 CAR § 502-1514. Hearing decision. (a) The hearing official will prepare a final order based on the: (1) Evidence accepted into the record; and (2) Sworn record of testimony of the proceedings. (b) The format will include: (1) An introduction; (2) Findings of fact; (3) Conclusi…

20 CAR § 502-1515. Judicial review. When the hearing official has rendered a final agency action on a case and the petitioner or representative is not satisfied with the decision, he or she has the right to judicial review under Arkansas Code § 25-15-212 of the Arkansas Administr…

20 CAR § 502-1601. Intentional program violations generally. (a) A determination of an intentional program violation (IPV) is made either through a court of law or by a hearing official in an internal hearing process. (b) The internal hearing is known as an administrative disqual…

20 CAR § 502-1602. Definition of intentional program violation. (a) An intentional program violation (IPV) of the Transitional Employment Assistance Program is defined as an action by an individual for the purpose of establishing or maintaining the family’s eligibility for transi…

20 CAR § 502-1603. Disqualification sanction — Intentional program violation. (a) The family of any individual who pleads guilty or nolo contendere to, or is found guilty of, an intentional program violation (IPV) in the Transitional Employment Assistance Program will be ineligib…

20 CAR § 502-1604. Fraudulent misrepresentation of residence. (a) The family of an individual who is convicted in a federal or state court of having made a fraudulent statement or misrepresentation of residence in order to receive assistance simultaneously from two (2) or more st…

20 CAR § 502-1605. TEA Administrative Disqualification Hearings (a)(1) The Office of Appeals and Hearings of the Department of Human Services conducts TEA Administrative Disqualification Hearings and determines if intentional program violations (IPVs) have occurred. (2) Administr…

20 CAR § 502-1606. Referral by the Overpayment Unit. (a) A request for an administrative disqualification hearing is initiated by the Overpayment Unit of the Department of Human Services: (1) Of its own volition; (2) At the request of the county office; or (3) At the request of t…

20 CAR § 502-1607. Preparation of the administrative hearing file. (a)(1) An administrative hearing file must be prepared on cases referred for an administrative disqualification hearing. (2) The Fraud Investigation Unit of the Department of Human Services will be responsible for…