Ariz. Admin. Code § 21-1-305

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

Section R21-1-305 - Request for Hearing: Form; Time Limits; Presumptions

A. An appellant who wishes to appeal an adverse action shall file a written request within the following time frames for a hearing with the Administration:

1. For a Child Welfare Agency, 20 days after receipt of the adverse action notice under A.R.S. § 8-506.01;

2. For a foster home license revocation, 25 days after the mailing date of the adverse action notice under A.R.S. § 8-506;

3. For all other appeals covered by this Article, 20 days after receipt of the adverse action notice.

B. The Administration shall provide a form for requesting an administrative hearing and, upon request, shall assist an appellant in completing the form.

C. An appellant shall include the following information in the request for an administrative hearing:

1. Name, address, and telephone number, and if applicable, e-mail address of the person subject to the adverse action;

2. Identification of the Administration initiating the adverse action;

3. A description of the adverse action that is the subject of the appeal;

4. The date of the notice or letter of adverse action; and

5. A statement explaining why the adverse action is unauthorized, unlawful, or an abuse of discretion.

D. The Department shall not deny an appeal solely because the request does not include all the information listed in subsection (C), so long as the request contains sufficient information for the Department to determine the identity of the appellant.

E. The Department shall forward the request for a hearing to OAH along with the information specified in A.A.C. R2-19-103.

F. A request for hearing is deemed filed with the Department:

1. On the mailing date, as shown by the postmark, if sent first-class mail, postage prepaid, through the United States Postal Service to the Department; or

2. On the date actually received by the Department, if not mailed as provided in subsection (F)(1).

G. An appellant whose appeal is denied as untimely may request a review by the Department Director or designee. The request for review shall contain the following information:

1. Whether the appellant received the adverse action notice, and if so, when the appellant received the notice;

2. If the appellant did not receive the adverse action notice;

a. Whether the appellant moved recently, and if so, whether the appellant notified the Department of the new address;

b. The type of mail receptacle the appellant uses;

c. The person that collects or receives the appellant's mail besides the appellant such as the appellant's;

i. Spouse,

ii. Child, or

iii. Roommate.

d. Whether the appellant has or is currently experiencing problems in receiving mail such as:

i. Not receiving the appellant's own mail; or

ii. Receiving others' mail;

3. If the appellant did not receive the adverse action notice, how the appellant found out about the adverse action; and

4. The date the appellant made the appeal to the Department and the method sent such as:

a. Hand delivery,

b. U.S. Mail,

c. Fax, or

d. E-mail.

H. The Department Director or designee may determine that a document was timely filed if the appellant demonstrates that the delay in submission was due to any of the following reasons:

1. Department error or misinformation;

2. Delay or other action by the United States Postal Service; or

3. Delay caused by the appellant changing mailing addresses at a time when the appellant had no duty to notify the Administration of the change.

I. When the Administration receives a request for a hearing that was not filed on time, the Department Director or desig-nee shall determine if the delay meets the criteria under subsection (H), and if so, shall schedule a hearing with OAH.

Ariz. Admin. Code § R21-1-305

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