Ariz. Admin. Code § 6-14-307

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-14-307 - Collection Methods

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 Assistance program to pay a claim in equal monthly payments in a negotiated repayment agreement. The household shall be responsible to pay a monthly payment in one of the following amounts until the claim is paid in full:

1. An amount equal to the balance of the claim at the time the negotiated repayment agreement is made, divided by 36.

2. When the amount in (1) is equal to or less than $10.00, the monthly repayment amount shall be $10.00.

C. Under 7 CFR 273.18(g)(6), the Department may arrange with a liable individual to intercept his or her unemployment compensation benefits. This collection option may be included as part of a repayment agreement. The Department may also intercept an individual's unemployment compensation benefits by obtaining a court order.

D. Under 7 CFR 273.18(g)(8), the Department may use other collection methods that include:

1. Submitting the claim to the Arizona Department of Revenue for payment through a state tax refund.

2. Submitting the claim to the Arizona Lottery Commission for payment through a lottery winnings offset.

3. Submitting the claim to the federal Treasury Offset Program under 7 CFR 273.18(n).

4. A wage garnishment established through a civil judgment or criminal restitution order. When the Department has obtained a judgment or order, the Department shall:

a. Send the household a Pre-Garnishment Notice to allow the household to agree to pay the claim in a manner other than wage garnishment; and

b. If the household fails to arrange for payment in response to the Pre-Garnishment Notice, the Department may request the Arizona Attorney General's Office to initiate a wage garnishment under A.R.S. Title 12, Chapter 9, Article 4.1, and that garnishment may continue until the claim is paid in full.

5. Garnishment or levy of monies or property per A.R.S. Title 12, Chapter 9, Article 4.

6. Imposition or enforcement of all liens, including judgment liens imposed under A.R.S. § 33-961.

7. Any other legal or equitable remedy for the collection of debts and judgments.

E. Under 7 CFR 273.18(j) and at the Arizona Attorney General's direction, the Department shall act on behalf of the Food and Nutrition Service of the U.S. Department of Agriculture in any bankruptcy proceeding against a household subject to a claim.

Ariz. Admin. Code § R6-14-307

R6-14-307 recodified from A.A.C. R6-3-2107 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). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.