Ariz. Admin. Code § 6-13-141

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

Section R6-13-141 - Notice of Adverse Action

A. A notice of adverse action shall contain:

1. The adverse action taken,

2. The reason for the adverse action,

3. The effective date of the adverse action,

4. The name and telephone number of the Administration office to contact for additional information,

5. The telephone number for free legal assistance, and

6. The recipient's appeal rights.

B. Timely Notice of Adverse Action.

1. When the Department intends to reduce or terminate benefits, the Department shall provide the assistance unit with a timely notice of adverse action under this subsection, unless the reduction or termination is for one of the reasons in subsection (C).

2. The Department shall mail the notice of adverse action by first-class mail, postage prepaid, or otherwise transmit the notice as provided by law, to the last known residential address for the assistance unit or other designated address for the assistance unit so that the Department can reasonably expect the assistance unit to receive the notice at least 10 days prior to the first day of the month in which the reduction or termination of benefits shall occur.

C. The Department may dispense with timely notice, but shall mail, first-class, postage prepaid, or otherwise transmit as provided by law, the notice of adverse action to the last known residential address for the assistance unit or other designated address for the assistance unit, so that the Department can reasonably expect the assistance unit to receive the notice no later than the first day of the month in which the reduction or termination of benefits shall occur, when:

1. A recipient makes a written or verbal request for termination,

2. A recipient is ineligible because of admission to a facility where the recipient's needs are being met. This includes:

a. Incarceration,

b. Long-term hospitalization when the recipient is not expected to return to the home, and

c. Institutionalization in a skilled nursing care or intermediate care facility,

3. The recipient's address is unknown,

4. The Department has verified that another state has accepted the recipient for assistance, or

5. An administrative tribunal or court of law has found that the recipient committed an Intentional Program Violation (IPV).

Ariz. Admin. Code § R6-13-141

New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).