Ariz. Admin. Code § 6-12-907

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

Section R6-12-907 - Notice of Adverse Action

A. When the Department plans to take adverse action against an assistance unit, the Department shall provide the unit with adequate and timely notice, except as provided in subsection (C).

B. The Department shall mail such notice, 1st class, postage prepaid, to the last known residential address for the unit, or other designated address for the unit as allowed pursuant to R6-12-802(A).

C. In addition to the information listed in R6-12-101(1), the notice shall contain the following information:

1. The date the adverse action is effective;

2. The names of the eligible and ineligible persons in the unit, if changed by the intended action; and

3. Any effect the intended action may have on the unit members' AHCCCS medical eligibility.

D. The Department may dispense with timely notice but shall provide adequate notice of adverse action when:

1. A recipient or payee dies and no emergency payee is available;

2. A recipient makes a written request for termination;

3. A recipient is ineligible due to incarceration, hospitalization, or institutionalization in a skilled nursing care or intermediate care facility;

4. The recipient's address is unknown;

5. The Department has verified that the recipient has been accepted for assistance in another state;

6. A CA child is legally removed from home or voluntarily placed in foster care by the child's parent or legal guardian; or

7. The recipient furnishes information which results in reduction or termination of assistance and indicates in writing an understanding of the consequences that may result from furnishing such information.

Ariz. Admin. Code § R6-12-907

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).

The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.