Arkansas Administrative Code

20 CAR § 503-1004. 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 § 503-1005. 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 § 503-1006. 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 § 503-1007. 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 § 503-1008. Assistance in preparation of appeal. The Division of County Operations will provide reasonable assistance to the petitioner in preparing for a hearing, if requested.

20 CAR § 503-1009. 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 § 503-101. Case management services. (a)(1) Case management is the process of coordinating and brokering the multiple services needed to achieve progress toward self-sufficiency. (2) Program Eligibility Specialists serve as a point of contact for participants and a point o…

20 CAR § 503-1010. 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 § 503-1011. 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 § 503-1012. Conducting the hearing. (a)(1) The hearing will be conducted by a hearing officer 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 § 503-1013. 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 § 503-1014. 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 § 503-1015. 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 the Arkansas Administrative Procedure Act at Arkans…

20 CAR § 503-102. Intent — Individualized approach. (a)(1) Central to the purpose of the Transitional Employment Assistance Program is an individualized approach to employment services. (2) An individual employment plan is developed for each transitional employment assistance (TE…

20 CAR § 503-103. Focus — Time-limited nature of program. (a) In conjunction with an individualized approach, focus must be placed on the time-limited nature of the program. (b)(1) Most participants will have a maximum of twelve (12) months to attain some level of self-sufficienc…

20 CAR § 503-104. Documentation. (a) Documentation and complete and accurate case records are vital to the success of good case management. (b) The case record should include a clear chronology of events during a participant’s entire experience with the program. (c) The documenta…

20 CAR § 503-105. Time limit. (a) A “work-eligible individual” is an adult or minor head of household parent who is receiving transitional employment assistance (TEA) cash assistance. (b)(1) A work-eligible individual who meets all the eligibility requirements may receive TEA cas…

20 CAR § 503-106. Employability assessment. (a)(1) An employability and educational assessment will be conducted on each transitional employment assistance (TEA) participant who is not exempt or deferred. (2) However, those who are exempt or deferred may be assessed and encourage…

20 CAR § 503-107. Employment plan update. (a)(1) The employment plan will be updated as necessary. (2) Employment plans may be updated: (A) In person; (B) By mail; or (C) By telephone. (3) The Program Eligibility Specialist may complete a new plan or amend or modify the current p…

20 CAR § 503-108. Staffings. (a)(1) Each transitional employment assistance (TEA) time-limited cash assistance case will be reviewed at designated times to monitor the participant’s progress toward achieving self-sufficiency and to assess the appropriateness of closing or of allo…

20 CAR § 503-109. Time limit extensions. (a) Transitional employment assistance (TEA) time limits may be extended because a TEA participant was or is: (1) A parent caring for a child: (A) Under three (3) months of age; or (B) Between three (3) and twelve (12) months of age if chi…

20 CAR § 503-110. Case review at three months. (a) For those families in which the time limit count is at three (3) months, the Program Eligibility Specialist will review the case file to determine the work status of the participant. (b)(1) The Program Eligibility Specialist will…

20 CAR § 503-1101. 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 officer in an internal hearing process. (b) The internal hearing is known as an administrative disquali…

20 CAR § 503-1102. Definition of intentional program violation (IPV). (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 …

20 CAR § 503-1103. Disqualification sanction — 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 in…

20 CAR § 503-1104. 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 § 503-1105. TEA administrative disqualification hearings. (a)(1) The Office of Appeals and Hearings of the Department of Human Services conducts transitional employment assistance (TEA) administrative disqualification hearings and determines if intentional program violatio…

20 CAR § 503-1106. Referral by the Overpayment Unit. (a) A request for an administrative disqualification hearing is initiated by the Overpayment Unit of the Secretary’s Office of the Department of Human Services: (1) Of its own volition; (2) At the request of the county office; …

20 CAR § 503-1107. 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 Office of Security and Compliance of the Department …

20 CAR § 503-1108. Waived hearings. (a) Individuals accused of committing an intentional program violation may waive their right to an administrative disqualification hearing. (b)(1) When a case is referred for an administrative disqualification hearing, the Office of Appeals and…

20 CAR § 503-1109. Advance notice and scheduling of hearing. (a) The Office of Appeals and Hearings of the Department of Human Services must notify the accused individual at least thirty (30) days in advance of the date the hearing is scheduled. (b) The notice must include the fo…

20 CAR § 503-111. Six-month review. (a)(1) For participants whose time limit count is at six (6) months, the Program Eligibility Specialist will initiate a full review team case review and complete form TEA-197, Case Management Staffing Documentation. (2) The Program Eligibility …

20 CAR § 503-1110. Cancellation of a hearing by the county office. (a) If, at any time prior to the date of an administrative disqualification hearing, the county office feels that there is insufficient evidence on which to conduct a hearing, the Office of Appeals and Hearings of…

20 CAR § 503-1111. Review of the administrative disqualification file. (a)(1) When the advance notice of the hearing is sent, the accused individual is advised that he or she has ten (10) calendar days from the date he or she signs the certified mail receipt to review the adminis…

20 CAR § 503-1112. Requesting subpoenas. (a)(1) The individual accused of the intentional program violation (IPV), the county office, or the Fraud Investigation Unit of the Office of Security and Compliance of the Department of Human Services may request that witnesses be subpoen…

20 CAR § 503-1113. Administrative disqualification hearing. (a) Attendance at hearing. (1) The hearing shall be attended by a representative of the county office in the county of residence of the accused individual or the county of residence of the individual's representative. (2…

20 CAR § 503-1114. Hearing decision. (a)(1) The hearing officer will prepare a decision based on the evidence presented. (2) The format will consist of: (A) An introduction; (B) Findings of fact; (C) Conclusions of law; and (D) A decision. (b) The final decision must be made with…

20 CAR § 503-1115. Imposing the disqualification sanction. (a) When the county office receives a hearing decision finding that an intentional program violation has occurred, a period of disqualification from the Transitional Employment Assistance Program will be imposed against t…

20 CAR § 503-1116. Court-imposed disqualifications. (a) The county office will disqualify a family if a member has been found to have committed an intentional program violation (IPV) by a court of law in accordance with 20 CAR §§ 503-1103 and 503-1115. (b) When a court finds that…

20 CAR § 503-112. Ten-month review. (a) If an extension or exemption was not allowed at the six-month review, the local office case review team will meet again to review the participant’s current situation. (b) The Program Eligibility Specialist will: (1) Complete form TEA-197, C…

20 CAR § 503-113. Extension expires. (a) Near the end of the extension period, the same case review team process will occur before the case is closed. (b) More frequent reviews may be made during the extension period at local office option.

20 CAR § 503-114. General staffing information. (a)(1) As with cases that are reaching the state twelve-month time limit, an extensive staffing focusing on progress and activities that will best achieve employment by the time the participant reaches the time limit will be conduct…

20 CAR § 503-115. Making the hardship extension decision. (a) Following the fifty-eight-month case staffing, the initial decision of whether or not to grant a hardship extension to the sixty-month time limit and the length of the extension will be made by a local area panel consi…

20 CAR § 503-116. Local area panel decision to extend beyond the sixty-month time limit. (a)(1) If the local area panel’s decision is to extend the sixty-month time limit, the decision will be sent for review and approval to the state-level review panel. (2)(A) The local office m…

20 CAR § 503-117. Changes occurring during the extension period. (a) Monthly contact, via phone contact, office visit, or home visit will be maintained with the participant during the extension period to determine if services are needed and are being provided. (b) If the circumst…

20 CAR § 503-118. Termination of cash assistance. (a) A case will be closed: (1)(A) When the participant has requested closure. (B) Advance notice will be given if required. (C) See 20 CAR § 503-302; (2) Upon notice from another state agency that the participant is being certifie…

20 CAR § 503-119. Monitoring successful employment outcomes. (a)(1) Since the intended outcome of the Transitional Employment Assistance Program is that participants will enter and retain employment, it is important for that outcome to be monitored. (2) Therefore, a thirty-day fo…

20 CAR § 503-120. Employment follow-ups. (a)(1) One of the most important aspects of case management is the follow-up after a participant has entered employment. (2) The follow-up with the participant or employer should occur soon after employment begins and then continue periodi…

20 CAR § 503-1201. Definition of overpayment. (a)(1) Any payment received by or for a participant that is in excess of the amount that should have been paid is an overpayment. (2) However, only those overpayments described in the following sections will be reported and collection…

20 CAR § 503-1202. Definition of fraud. (a) Fraud consists of some deceitful practice or felonious device resorted to with the intent to receive an assistance grant to which an individual is not entitled under the rules of the Division of County Operations. (b) Fraud — Legal prov…