Ariz. Admin. Code § 6-5-5009

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

Section R6-5-5009 - Administrative Review Process

A. When the Department receives information indicating that the Department may need to change a provider's listing status or remove or exclude a provider, the Department Program Administrator or designee shall review the information and decide whether grounds exist as listed in R6-5-5007 or R6-5-5008(A).

B. If the Department decides to change a provider's listing status or to remove or exclude a provider, the Department shall:

1. Notify the Contractor to change the listing status or to remove or exclude the provider; and

2. Within 10 work days of the effective date of the change of listing status, removal or exclusion, send the provider written notice via certified mail of the action taken.

C. The notice shall include the following information:

1. The effective date of the change in listing status or the removal or exclusion;

2. The reason for the change in listing status or the removal or exclusion;

3. The statutory provision requiring the provider's change in listing status or the removal or exclusion;

4. An explanation of the provider's right to an administrative review; and,

5. A statement explaining where the provider may file a written request for an administrative review and the time period for doing so.

D. The Department shall mail the notice to the provider's last known address. The mailing date is presumed to be the date appearing on the notice.

E. A provider may request an administrative review by filing a written request for review with the Department, within 15 work days after the mailing date of the Department's notice.

F. The provider shall mail the written request for administrative review to:

Department of Economic Security

Child Care Administration

Program Administrator

P.O. Box 6123 S.C. 801A

Phoenix, Arizona 85005

G. In the written request, the provider shall include the reason for requesting an administrative review and any documentation supporting the reinstatement request.

H. A request for an administrative review is timely if:

1. The Department receives it within the 15-day appeal period in subsection (E); or

2. The envelope in which the request was mailed is postmarked or postage-meter marked within the period in subsection (E).

I. The Program Administrator or designee shall review the Department's decision and all documentation submitted by the provider.

J. The Program Administrator or designee shall notify the provider and the Contractor of the results of the administrative review within 15 work days from the date the Department receives the request for review.

1. The decision shall be in writing and mailed to the provider's last known address. The date on the decision is presumed to be the mailing date.

2. The decision shall include information about the provider's right to further appeal.

K. The provider may appeal the Department's decision under R6-5-5010.

Ariz. Admin. Code § R6-5-5009

Adopted effective November 19, 1996 (Supp. 96-4). Amended by exempt rulemaking at 8 A.A.R. 2956, effective July 1, 2002 (Supp. 02-2).