Ariz. Admin. Code § 6-13-146

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

Section R6-13-146 - Stay of Adverse Action Pending Appeal

A. The Department shall stay the implementation of the adverse action until the hearing officer renders a decision on the appeal, if the appellant makes a request to stay the adverse action within 10 days from the date the Department mails the notice of adverse action, or otherwise transmits the notice as provided by law, except in the following circumstances:

1. The appellant expressly waives the delay of adverse action,

2. The adverse action is a result of a uniform change in federal or state law,

3. The appellant is requesting continued benefits when the time period for which the Department has approved benefits has expired,

4. The Department has denied the appellant's initial or renewal application,

5. The appeal challenges an action that is not appealable according to R6-13-142(B),

6. The appellant withdraws the request for hearing, or

7. The appellant fails to appear for the hearing without good cause.

B. The Department shall extend the 10-day time period in subsection (A) if the appellant establishes good cause. Good cause includes any unanticipated occurrence that, in the discretion of the Department, made it impossible or unreasonable for the appellant to make the request as specified in subsection (A).

Ariz. Admin. Code § R6-13-146

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