Ariz. Admin. Code § 6-5-4924

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-5-4924 - Appeals

A. Entitlement to a Hearing.

1. An applicant for or recipient of Child Care Assistance is entitled to a hearing to contest the following Department actions:

a. Denial of the right to apply for assistance;

b. Complete or partial denial of an application for assistance;

c. Failure to make an eligibility determination on an application within 30 days of the application file date;

d. Suspension, termination, reduction, or withholding of assistance except as provided in subsection (B);

e. Increase in the fee level and DES-required copayment amount; or

f. The existence or amount of an overpayment attributed to the family or the terms of a plan to repay the overpayment.

2. Applicants and recipients are not entitled to a hearing to challenge benefit adjustments made automatically as a result of changes in federal or state law, unless the Department has incorrectly applied such law to the individual seeking the hearing.

B. Request for Hearing; Time Limits.

1. A person who wishes to appeal a negative action shall file a written request for a fair hearing with a local CCA office, within 10 days of the negative action notice date.

2. A request for a hearing is deemed filed;

a. On the date it is mailed, if transmitted via the United States Postal Service or its successor. The mailing date is as follows:

i. As shown by the postmark;

ii. As shown by the postage meter mark of the envelope in which it is received, if there is no postmark; or

iii. The date entered on the document as the date of its completion, if there is no postmark or no postage meter mark, or if the mark is illegible.

b. On the date actually received by the Department, if not sent through the mail as provided in subsection (B)(2)(a).

3. The submission of any document is considered timely if the appellant proves that delay in submission was due to Department error or misinformation, or to delay caused by the U.S. Postal Service or its successor.

4. Any document mailed by the Department is considered as having been given to the addressee on date it is mailed to the addressee's last known address. The date mailed shall be presumed to be the date shown on the document, unless otherwise indicated by the facts.

5. The Office of Appeals shall deny any request that is not timely filed. A party may appeal a decision on the timeliness of an appeal.

C. Hearing Requests; Preparation and Processing.

1. Within two work days of receiving a request for appeal, the local CCA office shall notify the Office of Appeals of the hearing request.

2. Within 10 days of receiving a request for appeal, the local CCA office shall prepare and forward to the Office of Appeals a prehearing summary which shall include:

a. The appellant's name (and case name, if different);

b. The appellant's SSN (or case number, if different);

c. The local office responsible for the appellant's case;

d. A brief summary of the facts surrounding, and the grounds supporting, the negative action;

e. Citations to the specific provisions of this Article or the Department's CCA manual which support the Department's action; and

f. The decision notice and any other documents relating to the appeal.

3. The local office shall mail the appellant a copy of the summary. Upon receipt of a hearing request, the Office of Appeals shall schedule the hearings.

D. Continuation of Assistance Pending Appeal; Exceptions.

1. If an appellant files a request for appeal within 10 calendar days of the negative action notice date, the Department shall continue assistance at the current level unless:

a. The appellant waives continuation of current assistance,

b. The appeal results from a change in federal or state law which mandates an automatic adjustment for all classes of recipients and does not involve a misapplication of the law, or

c. The appellant is requesting continuation of TCC benefits for longer than the 24-month eligibility period.

2. The negative action shall be stayed until receipt of an official written decision in favor of the Department, except in the following circumstances:

a. At the hearing and on the record, the hearing officer finds that the sole issue involves application of law, and the Department properly applied the law and computed the assistance due the appellant;

b. A change in eligibility or assistance amount occurs for reasons other than those being appealed, and the eligible family receives and fails to timely appeal a notice of negative action concerning such change;

c. Federal or state law mandates an automatic adjustment for classes of recipients;

d. The appellant withdraws the request for hearing; or

e. The appellant fails to appear for a scheduled hearing without prior notice to the Office of Appeals, and the hearing officer does not rule in favor of the appellant based upon the record.

3. Upon receipt of a decision in favor of the Department, the Department shall write an overpayment for the amount of any assistance the family received in excess of the correct amount, while the stay was in effect.

Ariz. Admin. Code § R6-5-4924

Section R6-5-4924 renumbered from R6-5-4921 by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).