Ariz. Admin. Code § 6-12-1004

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

Section R6-12-1004 - Stay of Adverse Action Pending Appeal; Exceptions

A. If an appellant files a request for appeal within 10 calendar days of the adverse action notice date, the Department shall stay imposition of the adverse action and continue benefits at the current level unless:

1. The appellant specifically waives continuation of current benefits;

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

3. The appellant is requesting continuation of TPEP benefits for longer than 6 months within a 12-month period; or

4. The appellant is requesting continuation of benefits for longer than 24 months within any consecutive 60-month period.

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

1. 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 benefits due the appellant;

2. A change in eligibility or benefit amount occurs for reasons other than those being appealed, and the assistance unit receives and fails to timely appeal a notice of adverse action concerning such change;

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

4. The appellant withdraws the request for hearing; or

5. 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.

C. Upon receipt of decision in favor of the Department, the Department shall write an overpayment for the amount of any benefits the unit received in excess of the correct benefit amount, while the stay was in effect.

D. If the appellant files a request for appeal more than 10 days after, but within 20 days of, the adverse action notice date, the Department may take the adverse action while the appeal is pending. If the Office of Appeals then rules in favor of the appellant, the Department shall issue a supplemental payment to the appellant to cure any underpayment within 10 days from the date of the hearing decision.

Ariz. Admin. Code § R6-12-1004

Adopted effective November 9, 1995 (Supp. 95-4).