Ariz. Admin. Code § 21-1-303

Current through Register Vol. 30, No. 24, June 14, 2024

Section R21-1-303 - Entitlement to a Hearing; Appealable and Not Appealable Actions

A. An applicant, licensee, or client, who disputes an adverse action may appeal and request an administrative hearing from the Department to challenge the adverse action as provided in this Article.

B. The following adverse actions are appealable:

1. An adverse licensing action on:

a. A foster home license (A.R.S. § 8-506 );

b. A Child Welfare Agency license (A.R.S. § 8-506.01 ); and

c. An adoption agency license (A.R.S. § 8-126 ).

2. Any decision denying, reducing, or terminating:

a. An adoption subsidy (A.R.S. § 8-145 );

b. Nonrecurring expenses (A.R.S. § 8-166 );

c. A permanent guardianship subsidy (A.R.S. § 8-814 );

d. Independent Living Program services (A.R.S. § 8-521 );

e. Transitional Independent Living Program services (A.R.S. § 8-521.01 ); and

f. CMDP services or benefits for non-Title XIX and Title XXI eligible individuals. Title XIX and Title XXI eligible individuals must follow A.R.S. § 36-2903.01 and 9 A.A.C. 34, and may request an Administrative Hearing through the Arizona Health Care Cost Containment System.

C. The following actions are not appealable:

1. An adverse action resulting from a uniform change in federal or state law, unless the Department has misapplied the law to the person seeking the hearing;

2. Failure to obtain a Level One fingerprint clearance card;

3. Imposition of noncompliance status for an adoption agency;

4. Imposition of a corrective action plan for a foster home or a Child Welfare Agency license;

5. Removal of a child from a placement;

6. Failure to enter into a contract with a particular licensee or to place a child with a particular licensee; and

7. Imposition of a provisional license for a foster home under A.R.S. § 8-509(D).

D. A finding of child abuse or neglect in a DCS investigation is not appealable under this Article. A person may appeal a proposed finding of child abuse or neglect made in a DCS investigation of a person or a licensee as prescribed in A.R.S. § 8-811 and A.A.C. Title 21, Chapter 1, Article 5.

Ariz. Admin. Code § R21-1-303

Adopted by exempt rulemaking at 21 A.A.R. 2554, effective 11/30/2015.