Ariz. Admin. Code § 6-11-202

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

Section R6-11-202 - Hearing Request

A. A request for a hearing is any oral or written communication by an interested party or its legal counsel which expresses a clear intent to appeal an adverse action. The freedom to make such a request must not be limited or interfered with in any way.

If the request is oral, the Department shall prepare a written request on behalf of the individual and obtain the individual's signature on the request.

B. The request for hearing shall be filed in accordance with the following time limits:

1. Within ten days of the date of the adverse decision when the request is an appeal of an adverse decision resulting from a subrecipient grievance procedure;

2. Within ten days of the date that the subrecipient failed to hold a hearing or issue a decision within the required time limit;

3. Within one year of the date of the alleged adverse occurrence in all other cases.

C. The submission of any request for a fair hearing not within the specified statutory or regulatory period shall be considered timely if it is established to the satisfaction of the Department that the delay in submission was due to Department error or misinformation or to delay caused by the U.S. Postal Service or its successor.

D. The hearing shall be conducted within 30 days of the request unless all interested parties waive the time limit in writing.

Ariz. Admin. Code § R6-11-202

Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-202 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).