Ariz. Admin. Code § 6-14-415

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

Section R6-14-415 - Effect of the Decision

A. If the hearing officer affirms the adverse action against the appellant, the adverse action is effective as of the date of the initial determination of adverse action by the Department. The adverse action remains effective until the appellant appeals and obtains a higher administrative or judicial decision reversing or vacating the hearing officer's decision.

B. If the hearing officer vacates or reverses the Department's decision to take adverse action, the Department shall not take the action or shall reverse any adverse action, unless the Department appeals and obtains a higher administrative or judicial decision reversing or vacating the hearing officer's decision.

C. As specified in 7 CFR 273.15(c) the Department shall:

1. For decisions that result in an increase in household benefits:

a. Authorize and deposit a benefit supplement in the household's EBT benefit account within 10 days of the receipt of the hearing decision; or

b. The Department may take longer than 10 days if it elects to make the decision effective in the household's normal issuance cycle, provided that the issuance will occur within 60 days from the household's request for the hearing.

2. For decisions that result in a decrease in household benefits the Department shall authorize and deposit a decreased benefit amount in the household's EBT benefit account for the next scheduled issuance following receipt of the hearing decision.

Ariz. Admin. Code § R6-14-415

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.