Arizona Administrative Code, 6 — Economic Security

title-6Arizona Admin. Code 6Regulation

Abrir fonte

Partial collection: 2438 complete publisher documents are included. The complete current publisher inventory has not been verified. Dated Cornell/LII edition; all captured usable sections included. Unverified hierarchy pages prevent certification of the complete current inventory.

Chapter 5 DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES

Ariz. Admin. Code tit. 6, ch. 5, art. 1 REPEALED

History

  • Former Article 1 consisting of Sections R6-5-01 through R6-5-103 repealed effective August 3, 1978.
Ariz. Admin. Code tit. 6, ch. 5, art. 2 REPEALED

History

  • Former Article 2 consisting of Sections R6-5-201 through R6-5-209 repealed effective August 8, 1978.
Ariz. Admin. Code tit. 6, ch. 5, art. 3 REPEALED

History

  • Former Article 3 consisting of Sections R6-5-301 through R6-5-308 repealed effective July 6, 1976.
Ariz. Admin. Code tit. 6, ch. 5, art. 4 REPEALED

History

  • Former Article 4 consisting of Sections R6-5-401 through R6-5-420 repealed effective August 3, 1978.

Chapter 2 DEPARTMENT OF ECONOMIC SECURITY - EMPLOYMENT AND TRAINING

Ariz. Admin. Code tit. 6, ch. 2, art. 5 RESERVED

Chapter 5 DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES

Ariz. Admin. Code tit. 6, ch. 5, art. 6 REPEALED

History

  • Former Article 6 consisting of Sections R6-5-601 through R6-5-622 repealed effective July 6, 1977.
Ariz. Admin. Code tit. 6, ch. 5, art. 7 REPEALED

History

  • Former Article 7 consisting of Sections R6-5-701 through R6-5-716 repealed effective August 3, 1978.
Ariz. Admin. Code tit. 6, ch. 5, art. 8 REPEALED

History

  • Former Article 8 consisting of Sections R6-5-801 through R6-5-808 repealed effective September 16, 1976.
Ariz. Admin. Code tit. 6, ch. 5, art. 9 REPEALED

History

  • Former Article 9 consisting of Sections R6-5-901 through R6-5-904 repealed effective August 3, 1978.
Ariz. Admin. Code tit. 6, ch. 5, art. 10 REPEALED

History

  • Former Article 10 consisting of Sections R6-5-1001 through R6-5-1003 repealed effective August 3, 1978.
Ariz. Admin. Code tit. 6, ch. 5, art. 11 REPEALED

History

  • Former Article 11 consisting of Sections R6-5-1101 through R6-5-1109 repealed effective August 11, 1976.
Ariz. Admin. Code tit. 6, ch. 5, art. 12 REPEALED

History

  • Former Article 12 consisting of Sections R6-5-1201 through R6-5-1206 repealed effective May 17, 1976.
Ariz. Admin. Code tit. 6, ch. 5, art. 13 REPEALED

History

  • Former Article 13 consisting of Sections R6-5-1301 through R6-5-1309 repealed effective November 23, 1976.
Ariz. Admin. Code tit. 6, ch. 5, art. 14 REPEALED

History

  • Former Article 14 consisting of Sections R6-5-1401 through R6-5-1413 repealed effective May 24, 1976.
Ariz. Admin. Code tit. 6, ch. 15 EXPIRED

History

  • 6 A.A.C. 15, which formerly contained the rules for the Department of Economic Security, Arizona Works Program, expired under A.R.S. § 41-1056(E) at 9 A.A.R. 4669, effective September 30, 2003. The rescinded Chapter is on file in the Office of the Secretary of State (Supp. 03-4).
Ariz. Admin. Code tit. 6, ch. 16 ARIZONA FINGERPRINT IMAGING PROJECT (RESERVED)

Chapter 5 DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES

Ariz. Admin. Code tit. 6, ch. 5, art. 17 REPEALED

History

  • Former Article 17 consisting of Sections R6-5-1701 through R6-5-1704 repealed effective August 11, 1976.
Ariz. Admin. Code tit. 6, ch. 5, art. 18 REPEALED

History

  • Former Article 18 consisting of Sections R6-5-1801 through R6-5-1804 repealed effective August 11, 1976.
Ariz. Admin. Code tit. 6, ch. 5, art. 19 REPEALED

History

  • Former Article 19 consisting of Sections R6-5-1901 through R6-5-1906 repealed effective July 6, 1976.
Ariz. Admin. Code tit. 6, ch. 5, art. 21 REPEALED

History

  • Former Article 21 consisting of Sections R6-5-2101 through R6-5-2110 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 22 REPEALED

History

  • Former Article 22 consisting of Sections R6-5-2202 through R6-5-2209 repealed effective November 8, 1982.

Chapter 3 DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE

Ariz. Admin. Code tit. 6, ch. 3, art. 28 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 29 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 30 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 31 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 32 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 33 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 34 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 35 REPEALED

History

  • Former Article 35 consisting of Sections R6-3-3501 through R6-3-4003 repealed effective February 15, 1978 (Supp. 78-1).
Ariz. Admin. Code tit. 6, ch. 3, art. 36 REPEALED

History

  • Former Article 36 consisting of Sections R6-3-3501 through R6-3-4003 repealed effective February 15, 1978 (Supp. 78-1).
Ariz. Admin. Code tit. 6, ch. 3, art. 37 REPEALED

History

  • Former Article 37 consisting of Sections R6-3-3501 through R6-3-4003 repealed effective February 15, 1978 (Supp. 78-1).
Ariz. Admin. Code tit. 6, ch. 3, art. 38 REPEALED

History

  • Former Article 38 consisting of Sections R6-3-3501 through R6-3-4003 repealed effective February 15, 1978 (Supp. 78-1).
Ariz. Admin. Code tit. 6, ch. 3, art. 39 REPEALED

History

  • Former Article 39 consisting of Sections R6-3-3501 through R6-3-4003 repealed effective February 15, 1978 (Supp. 78-1).
Ariz. Admin. Code tit. 6, ch. 3, art. 40 REPEALED

History

  • Former Article 40 consisting of Sections R6-3-3501 through R6-3-4003 repealed effective February 15, 1978 (Supp. 78-1).

Chapter 5 DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES

Ariz. Admin. Code tit. 6, ch. 5, art. 41 RESERVED

Chapter 3 DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE

Ariz. Admin. Code tit. 6, ch. 3, art. 42 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 43 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 44 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 45 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 46 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 47 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 48 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 49 RESERVED

Chapter 5 DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES

Ariz. Admin. Code tit. 6, ch. 5, art. 53 REPEALED

History

  • Former Article 53 consisting of Sections R6-5-5301 through R6-5-5305 repealed effective April 9, 1981.
Ariz. Admin. Code tit. 6, ch. 5, art. 54 REPEALED

History

  • Former Article 54 consisting of Sections R6-5-5401 through R6-5-5411 repealed effective November 8, 1982.

Chapter 3 DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE

Ariz. Admin. Code tit. 6, ch. 3, art. 57 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 58 RESERVED
Ariz. Admin. Code tit. 6, ch. 3, art. 59 RESERVED

Chapter 5 DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES

Ariz. Admin. Code tit. 6, ch. 5, art. 62 REPEALED

History

  • Former Article 62 consisting of Sections R6-5-6201 through R6-5-6209 repealed effective August 29, 1984.
Ariz. Admin. Code tit. 6, ch. 5, art. 63 REPEALED

History

  • Former Article 63 consisting of Sections R6-5-6301 through R6-5-6304 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 64 REPEALED

History

  • Former Article 64 consisting of Sections R6-5-6401 through R6-5-6408 repealed effective February 1, 1979.
Ariz. Admin. Code tit. 6, ch. 5, art. 72 REPEALED

History

  • Former Article 72 consisting of Sections R6-5-7201 through R6-5-7214 repealed effective July 12, 1984.
Ariz. Admin. Code tit. 6, ch. 5, art. 77 REPEALED

History

  • Former Article 77 consisting of Sections R6-5-7701 through R6-5-7704 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 78 REPEALED

History

  • Former Article 78 consisting of Sections R6-5-7801 through R6-5-7804 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 79 REPEALED

History

  • Former Article 79 consisting of Sections R6-5-7901 through R6-5-7913 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 81 REPEALED

History

  • Former Article 81 consisting of Sections R6-5-8101 through R6-5-8104 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 82 REPEALED

History

  • Former Article 82 consisting of Sections R6-5-8201 through R6-5-8204 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 84 REPEALED

History

  • Former Article 84 consisting of Sections R6-5-8401 through R6-5-8404 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 85 REPEALED

History

  • Former Article 85 consisting of Sections R6-5-8501 through R6-5-8508 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 88 REPEALED

History

  • Former Article 88 consisting of Sections R6-5-8801 through R6-5-8804 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 89 RESERVED
Ariz. Admin. Code tit. 6, ch. 5, art. 90 RESERVED
Ariz. Admin. Code tit. 6, ch. 5, art. 93 REPEALED

History

  • Former Article 93 consisting of Sections R6-5-9301 through R6-5-9304 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 94 REPEALED

History

  • Former Article 94 consisting of Sections R6-5-9401 through R6-5-9404 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 95 REPEALED

History

  • Former Article 95 consisting of Sections R6-5-9501 through R6-5-9504 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 96 REPEALED

History

  • Former Article 96 consisting of Sections R6-5-9601 through R6-5-9604 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 97 REPEALED

History

  • Former Article 97 consisting of Sections R6-5-9701 through R6-5-9704 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 98 REPEALED

History

  • Former Article 98 consisting of Sections R6-5-9801 through R6-5-9804 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 99 REPEALED

History

  • Former Article 99 consisting of Sections R6-5-9901 through R6-5-9904 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 100 REPEALED

History

  • Former Article 100 consisting of Sections R6-5-10001 through R6-5-10004 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 101 REPEALED

History

  • Former Article 101 consisting of Sections R6-5-10101 through R6-5-10104 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 102 REPEALED

History

  • Former Article 102 consisting of Sections R6-5-10201 through R6-5-10204 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 103 REPEALED

History

  • Former Article 103 consisting of Sections R6-5-10301 through R6-5-10304 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 106 REPEALED

History

  • Former Article 106 consisting of Sections R6-5-10601 through R6-5-10604 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 107 REPEALED

History

  • Former Article 107 consisting of Sections R6-5-10701 through R6-5-10704 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 108 REPEALED

History

  • Former Article 108 consisting of Sections R6-5-10801 through R6-5-10804 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 109 REPEALED

History

  • Former Article 109 consisting of Sections R6-5-10901 through R6-5-10904 repealed effective November 8, 1982.
Ariz. Admin. Code tit. 6, ch. 5, art. 110 REPEALED

History

  • Former Article 110 consisting of Sections R6-5-11001 through R6-5-11004 repealed effective November 8, 1982.

Article 49 CHILD CARE ASSISTANCE

Ariz. Admin. Code tit. 6, ch. 5, art. 49, app A Child Care Assistance Gross Monthly Income Eligibility Chart and Fee Schedule

Effective October 1, 2015

| FAMILY SIZE | FEE LEVEL 1 (L1) INCOME MAXIMUM EQUAL TO OR LESS THAN 85% FPL* | FEE LEVEL 2 (L2) INCOME MAXIMUM EQUAL TO OR LESS THAN 100% FPL* | FEE LEVEL 3 (L3) INCOME MAXIMUM EQUAL TO OR LESS THAN 135% FPL* | FEE LEVEL 4 (L4) INCOME MAXIMUM EQUAL TO OR LESS THAN 145% FPL* | FEE LEVEL 5 (L5) INCOME MAXIMUM EQUAL TO OR LESS THAN 155% FPL* | FEE LEVEL 6 (L6) INCOME MAXIMUM EQUAL TO OR LESS THAN 165% FPL* | | --- | --- | --- | --- | --- | --- | --- | | 1 | 0 - 834 | 835 - 981 | 982 - 1,325 | 1,326 - 1,423 | 1,424 - 1,521 | 1,522 - 1,619 | | 2 | 0 - 1,129 | 1,130 - 1,328 | 1,329 - 1,793 | 1,794 - 1,926 | 1,927 - 2,059 | 2,060 - 2,192 | | 3 | 0 - 1,424 | 1,425 - 1,675 | 1,676 - 2,262 | 2,263 - 2,429 | 2,430 - 2,597 | 2,598 - 2,764 | | 4 | 0 - 1,718 | 1,719 - 2,021 | 2,022 - 2,729 | 2,730 - 2,931 | 2,932 - 3,133 | 3,134 - 3,335 | | 5 | 0 - 2,013 | 2,014 - 2,368 | 2,369 - 3,197 | 3,198 - 3,434 | 3,435 - 3,671 | 3,672 - 3,908 | | 6 | 0 - 2,308 | 2,309 - 2,715 | 2,716 - 3,666 | 3,667 - 3,937 | 3,938 - 4,209 | 4,210 - 4,480 | | 7 | 0 - 2,602 | 2,603 - 3,061 | 3,062 - 4,133 | 4,134 - 4,439 | 4,440 - 4,745 | 4,746 - 5,051 | | 8 | 0 - 2,897 | 2,898 - 3,408 | 3,409 - 4,601 | 4,602 - 4,942 | 4,943 - 5,283 | 5,284 - 5,624 | | 9 | 0 - 3,192 | 3,193 - 3,755 | 3,756 - 5,070 | 5,071 - 5,445 | 5,446 - 5,821 | 5,822 - 6,196 | | 10 | 0 - 3,486 | 3,487 - 4,101 | 4,102 - 5,537 | 5,538 - 5,947 | 5,948 - 6,357 | 6,358 - 6,645** | | 11 | 0 - 3,781 | 3,782 - 4,448 | 4,449 - 6,005 | 6,006 - 6,450 | 6,451 - 6,783** | | | 12 | 0 - 4,076 | 4,077 - 4,795 | 4,796 - 6,474 | 6,475 - 6,922** | | |

MINIMUM REQUIRED COPAYMENTS

| Per child in care | full day = $1.00 part day = $.50 | full day = $2.00 part day = $1.00 | full day = $3.00 part day = $1.50 | full day = $5.00 part day = $2.50 | full day = $7.00 part day = $3.50 | full day = $10.00 part day = $5.00 | | --- | --- | --- | --- | --- | --- | --- |

For families receiving Transitional Child Care (TCC) there is no co-pay assigned beyond the third child in the family

Full day = Six or more hours; Part day = Less than six hours.

Families receiving Child Care Assistance based on Department of Child Safety Foster Care, the Jobs Program or those who are receiving Cash Assistance (CA) and are employed, do not have an assigned fee level or a minimum required copayment. However, all families may be responsible for charges above the minimum required copayments if a provider's rates exceed allowable state reimbursement maximums or the provider has other additional charges.

*Federal Poverty Level (FPL) = US Department of Health and Human Services 2015 poverty guidelines. The Arizona state statutory limit for child care assistance is 165 percent of the Federal Poverty Level.

**The Federal Child Care & Development Fund (CCDF) statutory limit for child care assistance is 85 percent of the Low Income Home Energy Assistance Program State Median Income (SMI) Estimates for Federal Fiscal Year (FFY) 2016, October 1, 2015 through September 30, 2016. 80 FR, Page 32958-32959, June 10, 2015.

History

  • Appendix A adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Appendix A repealed; new Appendix A adopted effective July 1, 1998, under an exemption from the provisions of A.R.S. Title 41, Chapter 6; filed with the Office of the Secretary of State June 30, 1998 (Supp. 98-2). Appendix A repealed; new Appendix A adopted by exempt rulemaking at 5 A.A.R. 2379, effective July 1, 1999 (Supp. 99-3). Amended by exempt rulemaking at 6 A.A.R. 2726, effective July 1, 2000 (Supp. 00-2). Amended by exempt rulemaking at 7 A.A.R. 3111, effective July 1, 2001 (Supp. 01-2). Amended by exempt rulemaking at 8 A.A.R. 2952, effective July 1, 2002 (Supp. 02-2). Amended by exempt rulemaking at 9 A.A.R. 3207, effective July 1, 2003 (Supp. 03-3). Amended by exempt rulemaking at 10 A.A.R. 2938, effective July 1, 2004 (Supp. 04-3). Appendix A repealed; new Appendix A made by exempt rulemaking at 11 A.A.R. 2731, effective July 1, 2005 (Supp. 05-2). Appendix A repealed; new Appendix A made by exempt rulemaking at 11 A.A.R. 4137, effective October 1, 2005 (Supp. 05-3). Appendix A repealed; new Appendix A made by exempt rulemaking at 12 A.A.R. 2700, effective July 1, 2006 (Supp. 06-3). Appendix A amended by exempt rulemaking at 13 A.A.R. 2583, effective July 1, 2007 (Supp. 07-2). Appendix A amended by exempt rulemaking at 14 A.A.R. 2859, effective July 1, 2008 (Supp. 08-2). Appendix A amended by exempt rulemaking at 15 A.A.R. 702, effective April 1, 2009 (Supp. 09-1). Appendix A repealed; new Appendix A made by exempt rulemaking at 15 A.A.R. 1222, effective July 1, 2009 (Supp. 09-2). Appendix A repealed; new Appendix A made by exempt rulemaking at 17 A.A.R. 1334, effective July 1, 2011 (Supp. 11-2). Appendix A repealed; new Appendix A made by exempt rulemaking at 18 A.A.R. 2070, effective July 1, 2012 (Supp. 12-3). New Section made by exempt rulemaking at 19 A.A.R. 1988, effective July 1, 2013. Adopted by exempt rulemaking at 22 A.A.R. 1603, effective 10/1/2015.
Ariz. Admin. Code tit. 6, ch. 5, art. 49, app B Maximum Reimbursement Rates for Child Care

ARIZONA DEPARTMENT OF ECONOMIC SECURITY DIVISION OF EMPLOYMENT AND REHABILITATION SERVICES CHILD CARE ADMINISTRATION MAXIMUM REIMBURSEMENT RATES FOR CHILD CARE (effective for services provided on or after 7/1/2007) CENTERS

| Age Group | District I | District II | District III | District IV | District V | District VI | | --- | --- | --- | --- | --- | --- | --- | | Birth < 1 yr: Full day Part day | 31.71 23.52 | 28.35 20.79 | 23.52 19.32 | 22.05 19.95 | 31.50 26.25 | 33.60 26.25 | | 1 yr < 3 yrs: Full day Part day | 27.93 21.00 | 26.25 19.07 | 21.84 18.90 | 19.95 18.90 | 29.40 15.75 | 21.84 18.48 | | 3 yrs < 6 yrs: Full day Part day | 24.99 17.85 | 23.19 16.80 | 21.00 15.75 | 18.90 16.80 | 21.00 13.02 | 19.95 13.65 | | 6 yrs < 13 yrs: Full day Part day | 24.57 16.80 | 23.10 15.75 | 17.85 14.70 | 17.85 15.75 | 20.10 14.00 | 19.95 13.65 |

GROUP HOMES

| Age Group | District I | District II | District III | District IV | District V | District VI | | --- | --- | --- | --- | --- | --- | --- | | Birth < 1 yr: Full day Part day | 25.20 16.80 | 23.10 16.80 | 24.15 24.15 | 21.00 14.70 | 19.95 13.13 | 22.26 18.90 | | 1 yr < 3 yrs: Full day Part day | 23.10 15.75 | 23.10 16.80 | 23.10 15.75 | 18.90 12.60 | 19.95 12.60 | 22.31 17.85 | | 3 yrs < 6 yrs: Full day Part day | 21.00 15.75 | 21.00 16.80 | 23.10 14.65 | 18.90 12.60 | 19.95 12.60 | 19.43 16.80 | | 6 yrs < 13 yrs: Full day Part day | 18.90 14.70 | 21.00 16.60 | 17.85 14.65 | 18.90 12.60 | 19.95 12.60 | 19.42 17.85 |

CERTIFIED FAMILY HOMES AND CERTIFIED IN-HOME PROVIDERS

| Age Group | District I | District II | District III | District IV | District V | District VI | | --- | --- | --- | --- | --- | --- | --- | | Birth < 1 yr: Full day Part day | 21.00 14.70 | 19.95 12.60 | 18.90 10.50 | 18.90 11.03 | 21.00 12.60 | 18.90 10.50 | | 1 yr < 3 yrs: Full day Part day | 21.00 13.65 | 18.90 12.60 | 17.85 10.50 | 17.85 11.03 | 20.10 11.55 | 17.85 10.50 | | 3 yrs < 6 yrs: Full day Part day | 18.90 12.60 | 18.90 12.60 | 16.80 10.50 | 17.85 11.03 | 18.90 10.50 | 16.80 10.50 | | 6 yrs < 13 yrs: Full day Part day | 17.85 12.60 | 18.90 11.55 | 16.80 10.50 | 16.80 10.50 | 18.90 10.50 | 16.80 10.50 |

The actual reimbursement amount is equal to the reimbursement rate minus any DES designated co-payment. However, in no event shall the amount reimbursed exceed the lesser of the provider's actual charges or the maximum reimbursement rate minus any DES designated co-payment.

Payment Rates for Non-Certified Relative Providers (NCRPs) will be $11.03 for Full day and $6.30 for Part day, minus any DES designated co-payment. This rate will be paid to NCRPs statewide for care provided to children of all ages.

The maximum reimbursement rates may be increased by up to ten percent for child care providers who are nationally accredited.

Full day = six or more hours per day. Part day = less than six hours per day.

History

  • Appendix B adopted effective July 1, 1998, under an exemption from the provisions of A.R.S. Title 41, Chapter 6; filed with the Office of the Secretary of State June 30, 1998 (Supp. 98-2). Appendix B repealed; new Appendix B adopted by exempt rulemaking at 5 A.A.R. 2379, effective July 1, 1999 (Supp. 99-3). "Non-Certified Relative Providers" section amended by exempt rulemaking at 6 A.A.R. 2726, effective July 1, 2000 (Supp. 00-2). "Centers," "Group Homes," and "Certified Family Homes and Certified In-home Providers" sections amended by exempt rulemaking at 7 A.A.R. 4884, effective October 1, 2001 (Supp. 01-4). Amended by exempt rulemaking at 9 A.A.R. 3207, effective July 1, 2003 (Supp. 03-3). Appendix B amended by exempt rulemaking at 13 A.A.R. 2443, effective July 1, 2006 (Supp. 07-1). Appendix B amended by exempt rulemaking at 13 A.A.R. 2586, effective July 1, 2007 (Supp. 07-2).

Chapter 1 DEPARTMENT OF ECONOMIC SECURITY

Article 1 PUBLIC PARTICIPATION IN RULEMAKING

Ariz. Admin. Code § R6-1-101 Rulemaking Docket and Record

A. The Department of Economic Security ("the Department") shall maintain the official public rulemaking docket and agency rulemaking record required by A.R.S. §§ 41-1021 and 41-1029 in the office of the Department's Rules Unit, in the Department's central headquarters in Phoenix. Any person may review the docket and record Monday through Friday from 8:00 a.m. to 5:00 p.m., except on state holidays.

B. The Department may electronically maintain the rulemaking docket and agency rulemaking record, and shall facilitate public review of documents stored electronically by either providing the documents in paper or electronic form.

B. C. Any person who reviews a rulemaking docket or record shall sign a log that shall include the following information:

1. The person's name, current address, daytime telephone number, and e-mail address, if available;

2. The name of any partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any nature, or another agency that the person is representing as a registered lobbyist or otherwise;

3. The docket or record that the person is reviewing;

Whether the person is requesting the records for a commercial purpose;

5. The date of review; and

6. The person's signature.

History

  • Former Section R6-1-101 renumbered as R6-1-201; new Section R6-1-101 adopted effective September 22, 1988 (Supp. 88-3). Amended effective December 22, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 2757, effective 11/18/2017.
Ariz. Admin. Code § R6-1-102 Manner of Submissions

A. All petitions, requests, submissions, criticisms, or other materials submitted to the Department with regard to rulemaking shall be filed in original form. Copies of referenced material and material incorporated by reference may be filed pursuant to R6-1-103(B)(5) .

B. All writings shall be legibly handwritten or typed on 8 1/2" by 11" white paper.

C. With the exception of writings submitted during an oral proceeding pursuant to R6-1-105(D), all documents shall be filed directly with the Division of Administrative Services.

D. Any document shall be deemed received when the Division of Administrative Services affixes a "received" date stamp on it.

A. The Department shall accept petitions, requests, submissions, criticisms, or other materials related to the rulemaking process in either paper form or electronically.

B. When submitting in paper form, the writing shall be legibly handwritten or typed on 8 1/2" by 11" white paper.

History

  • Adopted effective September 22, 1988 (Supp. 88-3). Amended effective December 22, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 2757, effective 11/18/2017.
Ariz. Admin. Code § R6-1-103 Petition to Make, Amend, or Repeal a Rule

A. Any person may ask the Department to make a new rule or to amend or repeal an existing rule pursuant to A.R.S. § 41-1033 by filing a written petition with the Department's Director.

B. The petition shall contain:

1. The petitioner's name, current address, daytime telephone number, and e-mail address, if available;

2. The name of any partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any nature, or another agency that the petitioner is representing as a registered lobbyist or otherwise;

3. The specific language of the rule that the person wishes the Department to make, amend, or repeal;

4. The reason for the request, including the reason why any existing rule is inadequate, unreasonable, unduly burdensome, or otherwise improper;

5. A copy of any material that is referenced or otherwise incorporated in the petition; and

6. The signature of the petitioner.

C. Upon receipt of a petition, the Director's Office shall stamp the petition to indicate the date of receipt. If a petitioner submits a petition electronically, the Department shall consider the date of the electronic correspondence to be the receipt date.

D. No later than 60 days after receipt of a petition, the Department shall send the petitioner a written notice of the action taken on the petition. The Department shall send the notice electronically unless otherwise specified in the petition. The notice shall state the petitioner may appeal the Department's action under A.R.S. § 41-1033(B).

History

  • Adopted effective September 22, 1988 (Supp. 88-3). Amended effective December 22, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 2757, effective 11/18/2017.
Ariz. Admin. Code § R6-1-104 Request for Rulemaking : Notices

A. A person who wishes to obtain a notice of the establishment of a rulemaking docket pursuant to A.R.S. § 41-1021(C), or a notice of proposed rulemaking pursuant to A.R.S. § 41-1022(C) shall file a written request for such notice with the Department's Director. The request shall contain:

1. The name, current address, and e-mail address, if available, of the requestor;

2. A statement describing the nature of the notice being requested, directed either to proposed rulemaking in general or to specific rules or subject matter; and

3. The signature of the requestor.

B. The Department's Rules Unit shall maintain a mailing list of all docket requests and requests for notice of proposed rulemaking. Requestors shall renew the request for notice by January 30 of each even-numbered year or the Department shall purge the request. The requestor shall keep current any address and information filed with the Department.

C. The Department shall send all information requested under this section electronically, unless the requestor requests a paper copy. The Department shall provide all requested documents according to the provisions of A.R.S. § 39-121 et seq.

D. The Department may waive the fee described in subsection (C) when:

1. The requestor demonstrates that payment of the fee would cause the requestor financial hardship; or

2. The Department is voluntarily providing information to a person who or an entity which has not requested it, for the purpose of receiving comment from that person or entity.

History

  • Adopted effective September 22, 1988 (Supp. 88-3). Amended effective December 22, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 2757, effective 11/18/2017.
Ariz. Admin. Code § R6-1-105 Oral Proceedings; Request for; Nature of

A. When requested under A.R.S. § 41-1023(C), the Department shall schedule an oral proceeding in at least one of the districts established under A.R.S. § 41-1961. The Department may provide internet or teleconference access to an oral proceeding.

B. A written request for an oral proceeding filed with the Department under A.R.S. § 41-1023(C) shall contain:

1. The name, current address, daytime telephone number, and e-mail address, if available, of each requestor;

2. The name of any partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any nature, or another agency that the requestor is representing as a registered lobbyist or otherwise;

3. A statement identifying the rule for which the oral proceeding is requested; and

4. The signature of each requestor.

C. A person requesting an oral proceeding may indicate a specific city or district where the person would like the proceeding to be held. If such a location is included, the petition shall also explain how the proposed location will afford interested members of the public a reasonable opportunity to participate.

D. The presiding officer shall conduct an oral proceeding in an informal manner as described in this subsection.

1. A person may make an oral presentation without being placed under oath or affirmation.

2. Any person who makes an oral presentation shall fill out a speaker's registration card prior to speaking.

3. The presiding officer shall conduct the proceeding in a way that avoids undue repetition and assures a reliable record on any proposed rulemaking.

4. Any person may file a written submission at an oral proceeding, in addition to an oral presentation.

5. Prior to taking oral presentations, the presiding officer shall summarize the contents of the rule under consideration and the economic impact and small business statements filed with the rule.

Prior to the close of the record of the oral proceeding, the presiding officer shall summarize all subsequent rulemaking steps, procedures, and time-frames.

7. The presiding officer shall record the oral proceeding by electronic or other means. At the start of the oral proceeding, the presiding officer shall announce that the proceeding is being recorded.

History

  • Adopted effective September 22, 1988 (Supp. 88-3). Amended effective December 22, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 2757, effective 11/18/2017.
Ariz. Admin. Code § R6-1-106 Petition for Delayed Effective Date

A. A person who wishes to delay the effective date of a rule under A.R.S. § 41-1032(B) shall file a petition with Department's Director prior to the proposed rule's close of record.

B. A petition for delayed effective date shall contain:

1. The petitioner's name, current address, daytime telephone number, and e-mail address, if available;

2. The name of any partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any nature, or another agency that the petitioner is representing as a registered lobbyist or otherwise;

3. A statement describing the effect the rule may have on the petitioner, and the reason why delaying the effective date of a rule to a specified date will lessen or eliminate that effect;

4. A demonstration under A.R.S. § 41-1032(B) that good cause exists for, and the public interest will not be harmed by, the later effective date; and

5. The signature of the petitioner.

C. The Department shall notify the petitioner in writing, by mail or electronically, of the Department's determination regarding the petition within 60 days of receipt of the petition.

History

  • Adopted effective September 22, 1988 (Supp. 88-3). Amended effective December 22, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 2757, effective 11/18/2017.
Ariz. Admin. Code § R6-1-107 Written Criticisms of Existing Rules

The Department shall retain written criticisms of existing rules that have been filed with the Department and shall consider such writings when conducting the five-year review required by A.R.S. § 41-1056.

History

  • Adopted effective September 22, 1988 (Supp. 88-3). Amended effective December 22, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 2757, effective 11/18/2017.

Article 2 DEBT SETOFF

Ariz. Admin. Code § R6-1-201 Definitions

In this article, unless otherwise specified:

1. "Debtor" means a person indebted to the Department.

2. "Department" means the Department of Economic Security.

3. "Request for review" means a request for agency-level review filed with the Department pursuant to A.R.S. §§ 5-575(C) or 42-1122(H), but excludes claims made pursuant to A.R.S. § 42-1122(S).

History

  • Adopted as an emergency effective March 2, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days. Former Section R6-1-101 adopted as an emergency effective March 2, 1984 now adopted without change as a permanent rule effective April 30, 1984 (Supp. 84-2). Former Section R6-1-101 renumbered without change as R6-1-201 (Supp. 88-3). Amended and subsections (B)(2) through (C) renumbered to Section R6-1-202 effective December 22, 1993 (Supp. 93-4). Amended by final rulemaking at 24 A.A.R. 1415, effective 6/19/2018.
Ariz. Admin. Code § R6-1-202 Request for Review of Debt Setoff

A. A Debtor who has had all or part of their debt set off pursuant to A.R.S. §§ 5-575 or 42-1122 may file a request for review of the setoff.

B. To be considered by the Department, the request for review shall:

1. Be in writing;

2. Be received by the Department office that set off the debt, at the address indicated on the notice of debt setoff no later than 30 days after the date of the notice of debt setoff;

3. List any prior judicial or administrative proceedings regarding the debt;

4. Set forth, with specificity, all reasons why the setoff is inaccurate or improper;

5. Be signed by the Debtor or the Debtor's authorized representative; and

Include an attached complete copy of the notice of debt setoff from which review is sought.

C. As used in this Section, the date of the notice of debt setoff shall be the following dates, as applicable to the Debtor:

1. The date that the State Lottery Office gives the Debtor a written statement of winnings indicating the amount of the setoff; or

2. The mailing date of the written notice generated by the Department, advising the Debtor of the setoff.

D. Notwithstanding subsection (B), the Department may consider a timely request for review which does not include all the documentation listed in subsection (B) if:

1. The Debtor has good cause for failing to provide the information, and

2. The lack of information does not substantially prejudice the Department's ability to evaluate the request.

History

  • Renumbered from R6-1-201(B)(2) through (C) and amended effective December 22, 1993 (Supp. 93-4). Amended by final rulemaking at 24 A.A.R. 1415, effective 6/19/2018.
Ariz. Admin. Code § R6-1-203 Departmental Review of Debt Setoff

A. The Director of the Department shall appoint representatives who shall conduct the review in accordance with A.R.S. §§ 5-575 or 1 42-1122, as applicable, and in a manner that will observe the substantial rights of the Debtor.

B. Unless otherwise prohibited by law, the Department may correct clerical errors that have occurred in the administration of the debt setoff.

C. In reviewing the debt setoff, the Department shall consider all relevant evidence, including, without limitation, evidence submitted by the Debtor and the documents and records in the Department's files.

D. The Department may dispose of a request for review by:

1. Dismissal, if the Debtor fails to comply with R6-1-202;

2. Withdrawal, if the Debtor withdraws the request for review in writing at any time before the Department issues a decision; or

3. Decision.

E. Every review decision shall be in writing and shall be mailed to the last known address of the Debtor or the Debtor's authorized representative.

F. The Department's decision is final unless the debtor files a petition for judicial review with the Superior Court within 35 days of the date the decision is mailed to the debtor as provided in A.R.S. § 12-904. A debtor who files a petition for review shall mail a copy to the Department office which issued the decision.

History

  • Adopted by final rulemaking at 24 A.A.R. 1415, effective 6/19/2018.

Article 3 EXPIRED

Ariz. Admin. Code § R6-1-301 Expired

History

  • Adopted effective October 11, 1989 (Supp. 89-4). Amended effective December 22, 1993 (Supp. 93-4). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-1-302 Expired

History

  • Adopted effective October 11, 1989 (Supp. 89-4). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-1-303 Expired

History

  • Adopted effective October 11, 1989 (Supp. 89-4). Amended effective December 22, 1993 (Supp. 93-4). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-1-304 Expired

History

  • Adopted effective October 11, 1989 (Supp. 89-4). Amended effective December 22, 1993 (Supp. 93-4). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-1-305 Expired

History

  • Adopted effective October 11, 1989 (Supp. 89-4). Amended effective December 22, 1993 (Supp. 93-4). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-1-306 Expired

History

  • Adopted effective October 11, 1989 (Supp. 89-4). Amended effective December 22, 1993 (Supp. 93-4). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-1-307 Expired

History

  • Adopted effective October 11, 1989 (Supp. 89-4). Amended effective December 22, 1993 (Supp. 93-4). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-1-308 Expired

History

  • Adopted effective October 11, 1989 (Supp. 89-4). Amended effective December 22, 1993 (Supp. 93-4). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-1-309 Expired

History

  • Adopted effective October 11, 1989 (Supp. 89-4). Amended effective December 22, 1993 (Supp. 93-4). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).

Article 4 EXPIRED

Ariz. Admin. Code § R6-1-401 Expired

History

  • Adopted effective December 2, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 816, effective 4/2/2024.
Ariz. Admin. Code § R6-1-402 Expired

History

  • Adopted effective December 2, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 816, effective 4/2/2024.
Ariz. Admin. Code § R6-1-403 Expired

History

  • Adopted effective December 2, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 816, effective 4/2/2024.
Ariz. Admin. Code § R6-1-404 Expired

History

  • Adopted effective December 2, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 816, effective 4/2/2024.
Ariz. Admin. Code § R6-1-405 Expired

History

  • Adopted effective December 2, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 816, effective 4/2/2024.
Ariz. Admin. Code § R6-1-406 Expired

History

  • Adopted effective December 2, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 816, effective 4/2/2024.
Ariz. Admin. Code § R6-1-407 Expired

History

  • Adopted effective December 2, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 816, effective 4/2/2024.
Ariz. Admin. Code § R6-1-408 Expired

History

  • Adopted effective December 2, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 816, effective 4/2/2024.
Ariz. Admin. Code § R6-1-409 Expired

History

  • Adopted effective December 2, 1992 (Supp. 92-4). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 816, effective 4/2/2024.

Article 5 CIVIL RIGHTS

Ariz. Admin. Code § R6-1-501 Civil Rights

A. Statement of compliance: Pursuant to the provisions of the Civil Rights Act of 1964, no person in the state of Arizona will be excluded from participation in, denied the benefits of, or subjected to discrimination under assistance payments programs on the basis of race, color, religion, sex, or national origin. The Department shall administer such programs in accordance with the laws, regulations, policies, and practices enumerated in the subsections below.

B. Definition of compliance: The Department shall follow policies and practices including, but not limited to, those described below.

1. No individual will, on the basis of race, color, religion, sex, or national origin, be denied any benefit provided under an assistance payment program, or be provided a benefit which is different, or in a different manner, from that provided to others under the same program.

No individual will, on the basis of race, color, religion, sex, or national origin, be subjected to segregation or separate treatment in any manner related to receipt of any benefit under an assistance payments program, nor will an individual be restricted in any way from any advantage or privilege enjoyed by others receiving benefits under the same program. This includes any distinction with respect to spaces provided for service, waiting rooms, and restrooms. Neither will separate times be set aside on the basis of race, color, religion, sex, or national origin for the provision of assistance.

3. Employees of the Department will not be assigned caseloads or clientele on the basis of race, color, religion, sex, or national origin of the persons being assisted.

4. Criteria or methods of administration shall not subject individuals to discrimination or defeat or substantially impair the objectives of an assistance payments program on the basis of the individual's race, color, religion, sex, or national origin.

5. The Department shall conduct assistance payments programs in accordance with the requirements of existing laws and regulations, which shall extend not only to those activities which are conducted directly by the Department but also to all related activities which are conducted by other agencies, institutions, organizations, political subdivisions, and vendors.

6. The Department shall maintain records and submit reports as required by federal authorities to assure compliance with regulations. During normal business hours of the Department, access will be permitted to its facilities, records, and other sources of information as may be pertinent to as certain compliance with regulations.

7. The Department will make available to applicants, recipients, and public officials that information required by federal authorities to appraise such persons of the protections against discrimination assured them by the Civil Rights Act of 1964.

C. Methods of administration.

1. The Department shall inform and instruct its staff of obligations under the Civil Rights Act of 1964, existing regulations, and the Statement of Compliance by:

a. Making copies of all pertinent documents available to the entire staff.

b. Conducting, as a regular part of the In-service Training Program:

i. Meetings to explain to all staff personnel the intent and meaning of such documents and to instruct them in their obligation to carry out the policies contained therein.

ii. Orientation of new staff personnel regarding their responsibilities to comply with the Civil Rights Act of 1964.

iii. Periodic reminders of Civil Rights Act requirements in appropriate staff meetings and memoranda or other official correspondence.

iv. Cultural awareness training to all staff personnel concerning ethnic differences among various groups residing in Arizona who comprise the Department's clientele.

v. Constant review of practices and policies to assure that no individual is discriminated against because of race, color, religion, sex, or natural origin.

2. The Department will inform and instruct other appropriate agencies, institutions, organizations, political sub- divisions, and vendors of their obligations to comply with the Civil Rights Act of 1964, existing regulations, and the Statement of Compliance filed by the Department as a condition to their initial or continued financial participation in any assistance payments program. This will be accomplished by:

a. Making clear the requirements of the Civil Rights Act and implementing regulations and policies to fulfill these requirements.

b. Determining that the agency, institution, organization, political subdivision, or vendor has executed an assurance in the form prescribed by federal authorities which is currently effective and applicable to the program under which the activity is conducted. This includes the use of memoranda which verifies specific obligations and undertakings or certification of compliance on each voucher presented to the Department for payment. Regular on-the-spot checks will be made by the Department's staff to assure compliance by any other agency, institution, organization, political subdivision, or vendor participating in an assistance payments program.

c. The Department will inform its clientele and other interested persons that financial assistance and other program benefits are provided on a non-discriminatory basis and of their right to file a complaint with the Department, the federal authorities, or both, if they believe that discrimination on the basis of race, color, religion, sex, or national origin is practiced. Informing clientele will be accomplished by furnishing a written notice and the Statement of Compliance to all clientele and other interested persons.

d. All complaints alleging discrimination because of race, color, religion, sex, or national origin shall be filed in writing, shall describe the type of discrimination alleged, indicate when and where such alleged discrimination occurred, and describe any pertinent facts and circumstances relating to the alleged discrimination. The complaint shall be signed by the complainant. All complaints shall be addressed to the Director of the Department of Economic Security, who will initiate a thorough investigation through established procedure. After the complaint has been investigated, the Director shall determine whether or not any discriminatory practice has occurred. If appropriate, the Director will take such action as the Director deems necessary to correct past practices and prevent future recurrence of such discrimination. The Department shall cease making referrals or vendor payments to any entity which does not fully comply with the Civil Rights Act of 1964. The complainant shall be advised in writing of the Department's determination regarding the complaint.

i. The Department will maintain a file of approved facilities, agencies, resources, and vendors who have executed Statements of Compliance with the Civil Rights Act of 1964. Verified complaints will be referred by the Department for corrective action. If, after a reasonable time, such corrective action has not been taken, the Department will advise and remove the facility, agency, or vendor from its approved list of resources.

ii. The Department will maintain adequate records to show action taken as a result of each complaint and will make this information available to appropriate federal authorities.

iii. Department employees who receive anonymous verbal complaints are required to report them to their supervisor. The supervisor will decide upon further action to be taken in such cases.

e. At least once each year, or more frequently for those cases in which discriminatory practices are alleged or suspected, a representative of the Department will visit institutions, organizations, political subdivisions, or vendors who participate in a program to verify that their practices conform to the Civil Rights Act and the regulations issued pursuant thereto and as reflected in the Statement of Compliance. The Department will periodically determine if discriminatory practices are engaged in by its personnel and will take corrective action as required to ensure that actions are in compliance with the Civil Rights Act and regulations issued pursuant thereto, as reflected in the Statement of Compliance.

f. Policies and procedures will provide effective verbal and written communication with non-English-speaking applicants and recipients. These policies and procedures will be made known to all Department employees. Supervisors will be required to ensure that their staff complies with such policies and procedures.

g. Assistance payments program information will be disseminated to the general public, using appropriate and effective media to reach minority populations.

h. Department advisory committees will include representatives of racial and ethnic minority groups to the extent feasible.

i. The Department shall provide data revealing the extent to which members of minority groups are beneficiaries of, participants in, or both, federally funded assistance payments programs.

History

  • R6-1-501 recodified from R6-3-103 effective February 13, 1996 (Supp. 96-1).

Chapter 2 DEPARTMENT OF ECONOMIC SECURITY - EMPLOYMENT AND TRAINING

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R6-2-101 Definitions

The following definitions apply to this Chapter:

1. "America's Job Bank" means a nationwide computer database linking more than 1800 local Employment Service offices. The services of America's Job Bank are available to job seekers and employers via the Internet.

2. "Applicant" means a person who has applied to the Department for worker services and who is a United States citizen or a non-citizen who is legally authorized to work in the United States.

3. "Apprentice" means a worker who is at least age 16 if a higher minimum age standard is otherwise fixed by law, who is employed to learn a skilled trade under standards of apprenticeship that meet the requirements of 29 CFR 29.5 (Office of the Federal Register, National Archives and Records Administration, July 1, 1998), which is incorporated by reference in this rule. This incorporation by reference does not include any later amendments or editions. Copies of the incorporated material are available for inspection at the Department's Authority Library, 1789 West Jefferson, Phoenix, Arizona, and in the Office of the Secretary of State, Public Service Department, 1700 West Washington, Phoenix, Arizona.

4. "Apprenticeship agreement" means a written agreement between an apprentice and an employer or a committee acting on behalf of the employer, containing the terms and conditions for employment of the apprentice.

5. "Apprenticeship program" means a plan containing all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices.

6. "Apprenticeship program registration" means the acceptance and centralized recording of an apprenticeship program by the ESA that meets the basic standards and requirements established for apprenticeship programs under federal law.

7. "Apprenticeship program sponsor" means a person, association, committee, or organization operating an apprenticeship program and in whose name the program is registered and approved.

8. "BFOQ" or "bona fide occupational qualification" means a finding by an employer that age, sex, national origin, or religion is a characteristic necessary to an individual's ability to perform the job.

9. "Department" means the Arizona Department of Economic Security.

10. "DOT" or "Dictionary of Occupational Titles" means the reference work published by the United States Employment Service, which contains brief, non-technical definitions of job titles, distinguishing numeric codes, and worker trait data.

11. "Disabled veteran" means:

a. A veteran who is entitled to compensation under laws administered by the United States Secretary of Veterans Affairs, or

b. A person who is discharged or released from active military duty because of a service-connected disability.

12. "Employer job referral services" means Department activities that help an employer obtain workers with the occupational qualifications needed by the employer.

13. "Employment counseling" means formulation of a vocational plan that is consistent with a person's vocational skills and interests, and advice on appropriate measures for implementation of that plan.

14. "Employment test" means a standardized method or device for measuring a person's possession of, interest in, or ability to acquire job skills and knowledge.

15. "ESA" or "Employment Security Administration" means the administrative unit within the Department's Division of Employment and Rehabilitation Services with responsibility for all worker and employer services.

16. "Essential functions of a job" means the fundamental job duties of a particular employment position.

17. "Geographic labor clearance" means Department efforts to facilitate labor mobility by encouraging and guiding migration of workers between geographical areas.

18. "Industrial analysis services" means Department activities to assist employers and labor organizations in determining the cause of worker resource problems in a particular business, and provision of information developed by the USES for resolving such problems.

19. "Job bank" means a computerized list of all currently available jobs and employment opportunities listed with the Department.

20. "Job development" means the process by which the Department obtains a job or interview with an employer for a specific applicant for whom the local ESA office has no suitable job opening on file.

21. "Job order" means a request by an employer for the referral of job seekers made available to job seekers via the Department's Job Bank.

22. "JTPA" means the federal Job Training Partnership Act found at 29 U.S.C. 1501 et seq.

23. "Labor market area" means a geographic area consisting of a central city, or group of cities, and the surrounding territory within a reasonable commuting distance.

24. "Major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

25. "Occupational labor clearance" means Department efforts to facilitate labor mobility by encouraging and guiding migration of workers between occupations and industry types.

26. "Older worker" means a person age 40 or older who is working or who is unemployed and wishes to work.

27. "Person with a disability" or "disabled worker" means a person who:

a. Has a physical or mental impairment that substantially limits 1 or more of that person's major life activities;

b. Has a record of such an impairment; or

c. Is regarded as having such an impairment.

28. "Physical or mental impairment" means:

a. Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting 1 or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or

b. Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

29. "Placement" means that a public or private employer has hired an applicant that the Department referred to the employer for a job or interview.

30. "Qualified worker" means a worker who possesses the skills, knowledge, and abilities to perform the essential functions of a job.

31. "Reasonable accommodation" means a modification of, or an adjustment to a process, position, or term of employment, that will permit a disabled worker to enjoy the same benefits and privileges of employment as those enjoyed by persons without disabilities.

32. "Substandard work order" means a work order:

a. Containing employment terms that violate employment-related laws, or

b. Offering work at wages or conditions that are substantially inferior to those generally prevailing in the labor market area for the same or similar work.

33. "Substantially limits" when used in reference to a disability, means:

a. Unable to perform a major life activity that the average person in the general population can perform; or

b. Significantly restricted as to the condition, manner, or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.

34. "Targeted jobs tax credit" means an income tax credit available to businesses that hire persons whom ESA has certified as meeting certain criteria described in 26 U.S.C. 51 (Office of the Federal Register, National Archives and Records Administration, August 10, 1993), which is incorporated by reference in this rule. This incorporation by reference does not include any later amendments or editions. Copies of the incorporated material are available for inspection at the Department's Authority Library, 1789 West Jefferson, Phoenix, Arizona, and in the Office of the Secretary of State, Public Service Department, 1700 West Washington, Phoenix, Arizona.

35. "USES" means the United States Employment Service, which is the unit in the United States Department of Labor's Employment and Training Administration designed to promote a national system of public job service offices.

36. "Veteran" means a person who served in the active military service, and who was discharged or released from service under conditions other than dishonorable.

37. "Vocational plan" means a plan developed jointly by an ESA counselor or counselor-trainee and an applicant that describes:

a. The applicant's short-range and long-range occupational goals, and

b. The actions to be taken to implement the plan.

38. "Worker" means a U.S. citizen or a non-citizen who is legally authorized to work in the United States and who is employed or who is unemployed and wishes to work.

39. "Worker services" means the functions the Department performs for the benefit of applicants and workers, including employment counseling, employment testing, preparation of a vocational plan, and referral for employment opportunity.

40. "Worker job referral services" means Department activities to help a worker promptly obtain a job for which the worker is occupationally qualified.

41. "Youth worker" means a worker younger than age 22.

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Amended by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-102 Complaints

The Department shall process all complaints related to the provision of employment services under 20 CFR 658.400 through 658.416 (Office of the Federal Register, National Archives and Records Administration, April 1, 1998), which are incorporated by reference in this rule. This incorporation by reference does not include any later amendments or editions. Copies of the incorporated material are available for inspection at the Department's Authority Library, 1789 West Jefferson, Phoenix, Arizona, and in the Office of the Secretary of State, Public Service Department, 1700 West Washington, Phoenix, Arizona.

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Amended by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-103 Hearings and Appeals

The Department shall conduct any hearing or appeal to which an employer, applicant, or worker may be entitled under applicable state or federal employment services laws, and 20 CFR 658.417 and 658.418 (Office of the Federal Register, National Archives and Records Administration, April 1, 1998), which are incorporated by reference in this rule. This incorporation by reference does not include any later amendments or editions. Copies of the incorporated material are available for inspection at the Department's Authority Library, 1789 West Jefferson, Phoenix, Arizona, and in the Office of the Secretary of State, Public Service Department, 1700 West Washington, Phoenix, Arizona.

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Amended by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-104 Policy of Nondiscrimination; Schedule of Services

In the administration of the state employment office, the Department shall:

A. Not discriminate against any applicant or employer because of age, race, sex, color, religious creed, national origin, disability or political affiliation or belief unless a BFOQ exists;

B. Actively promote employment opportunities for disadvantaged workers and encourage employers to hire workers on the basis of objective qualifications; and

C. Use the following priority schedule to select and refer qualified applicants for work:

1. Disabled veteran applicants;

2. Other veteran applicants;

3. Other applicants.

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed effective December 20, 1994 (Supp. 94-4). New Section adopted by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-105 [REPEALED]

History

  • Adopted effective September 24, 1974 (Supp. 75-1). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-106 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-107 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-108 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-109 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-110 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-111 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-112 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed effective December 20, 1994 (Supp. 94-4).

Article 2 EMPLOYMENT SERVICES PROVIDED BY THE DEPARTMENT

Ariz. Admin. Code § R6-2-201 Worker Services

A. As permitted by available resources, the Department shall provide services to a worker who is a United States citizen or a non-citizen authorized to work in the United States. The services include but are not limited to the following:

1. Employment counseling;

2. Aptitude testing;

3. Apprenticeship training; and

4. Job referral services.

B. A worker applying for services shall file an application with the Department. The application shall include the worker's:

1. Name, address, telephone number, social security number, and date of birth;

2. Prior work experience, including information on salary, job duties, and any past military service;

3. Educational background, including technical or other vocational training the worker has completed;

4. Career goals, hobbies, and volunteer work;

5. Availability for work, including a willingness to travel or relocate, desire for full or part-time employment, and desired working hours; and

6. Special skills or proficiencies, including a language other than English or the use of equipment.

C. The Department shall obtain information about a worker's disability as is necessary to provide the worker with appropriate services. This information may include asking the worker whether the worker can perform the essential functions of a particular job, with or without reasonable accommodation.

D. When the Department conducts employment testing, the Department shall:

1. Use only standardized tests and techniques approved by the United States Employment Service; and

2. Not release the results of the tests without the written consent of the tested worker.

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed, new Section adopted by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-202 Employer Services

A. The Department shall require the following information from an employer who places a job order:

1. A description of the essential functions of the job in sufficient detail to permit the Department to ascertain the qualifications a worker needs to satisfactorily perform the work, with or without reasonable accommodation;

2. An employer's hiring requirements, including the type of license or certification needed, or the type of equipment or tools the worker must supply;

The terms and conditions of work, including hours, salary, benefits, promotional opportunities, and travel requirements;

4. The job location and instructions for arranging a job interview.

B. The Department shall refer workers to the employer who most closely match the requirements in the job order. If qualified workers are not available from the Department's files and, if resources are available, the Department shall recruit qualified workers to fill the employer's order.

C. The Department shall not accept a job order from an employer for processing if:

1. The employer's requirements are discriminatory based on age, sex, national origin, or religion, unless the discriminatory characteristic is a bona fide occupational qualification necessary to perform the job. An example of a bona fide occupational qualification that is not discriminatory is the requirement for a female worker in a female intimate apparel retail outlet.

2. The terms and conditions of work are substandard under A.R.S. § 23-776(C)(2).

3. The position is vacant due directly to a strike, lockout, or other labor dispute or conflict between employers and workers, including wage disputes and collective bargaining efforts.

4. A worker is required to pay a fee for the job.

D. If an employer refuses to modify a job order deemed unacceptable by subsection (C), the Department shall notify the employer in writing of discontinuance of services. The notification shall include the employer's right of appeal.

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed, new Section adopted at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-203 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed, new Section adopted by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2). Section repealed by final rulemaking at 16 A.A.R. 510, effective March 2, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-2-204 Expired

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed, new Section adopted by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2615, effective June 30, 2014 (Supp. 14-3).
Ariz. Admin. Code § R6-2-205 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-206 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-207 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-208 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-209 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-210 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).

Article 3 REPEALED

Ariz. Admin. Code § R6-2-301 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Former Section R6-2-301 repealed, new Section R6-2-301 adopted effective May 2, 1978 (Supp. 78-3). Apprenticeship Program Handbook amended effective August 8, 1978 (Supp. 78-4). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-302 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-303 [REPEALED]

History

  • Adopted effective September 24, 1975 (Supp. 75-1). Amended effective May 6, 1976 (Supp. 76-3). Amended effective August 1, 1979 (Supp. 79-4). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-304 [REPEALED]

History

  • Adopted effective December 20, 1994 (Supp. 94-4). Section repealed by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).

Article 4 OTHER EMPLOYMENT SERVICES AND PROGRAMS

Ariz. Admin. Code § R6-2-401 [REPEALED]

History

  • Adopted effective August 3, 1978 (Supp. 78-4). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-2-402 Expired

History

  • Adopted effective August 3, 1978 (Supp. 78-4). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Amended by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 617, effective October 31, 2004 (Supp. 05-1).
Ariz. Admin. Code § R6-2-403 [REPEALED]

History

  • Adopted effective August 3, 1978 (Supp. 78-4). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-404 [REPEALED]

History

  • Adopted effective August 3, 1978 (Supp. 78-4.). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-405 [REPEALED]

History

  • Adopted effective August 3, 1978 (Supp. 78-4). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-406 [REPEALED]

History

  • Adopted effective August 3, 1978 (Supp. 78-4). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-407 [REPEALED]

History

  • Adopted effective August 3, 1978 (Supp. 78-4). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-408 [REPEALED]

History

  • Adopted effective August 3, 1978 (Supp. 78-4). Section repealed effective December 20, 1994 (Supp. 94-4).
Ariz. Admin. Code § R6-2-409 [REPEALED]

History

  • Adopted effective August 3, 1978 (Supp. 78-4). Section repealed effective December 20, 1994 (Supp. 94-4).

Article 6 REPEALED

Ariz. Admin. Code § R6-2-601 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-602 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-603 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-604 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-605 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-606 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-607 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-608 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-609 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-610 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-611 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-612 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-613 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-614 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-615 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-616 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-617 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-618 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-619 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-2-620 [REPEALED]

History

  • Adopted effective September 27, 1979 (Supp. 79-5). Repealed effective July 30, 1993 (Supp. 93-3).

Chapter 3 DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE

Article 1 RECODIFIED

Ariz. Admin. Code § R6-3-101 [REPEALED]

History

  • Former Section R6-3-101 repealed, new Section R6-3-101 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 3, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-3-102 [REPEALED]

History

  • Former Section R6-3-102 repealed, new Section R6-3-102 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective November 3, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-3-103 Recodified

History

  • Former Section R6-3-103 repealed, new Section R6-3-103 adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-103 recodified to A.A.C. R6-1-501 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-104 [REPEALED]

History

  • Former Section R6-3-104 repealed, new Section R6-3-104 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 3, 1983 (Supp. 83-6).

Article 2 RECODIFIED

Ariz. Admin. Code § R6-3-201 Recodified

History

  • Former Rule 3-200; Former Section R6-3-201 repealed, new Section R6-3-201 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-201 recodified to A.A.C. R6-13-201 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-202 Recodified

History

  • Former Rule 3-201; Former Section R6-3-202 repealed, new Section R6-3-202 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-202 recodified to A.A.C. R6-13-202 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-203 Recodified

History

  • Former Rule 3-202; Former Section R6-3-203 repealed, new Section R6-3-203 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-203 recodified to A.A.C. R6-13-203 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-204 Recodified

History

  • Former Rule 3-203; Former Section R6-3-204 repealed, new Section R6-3-204 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Section repealed, new Section adopted effective November 17, 1993 (Supp. 93-4). R6-3-204 recodified to A.A.C. R6-13-204 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-205 Recodified

History

  • Former Rule R3-204; Former Section R6-3-205 repealed, new Section R6-3-205 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). R6-3-205 recodified to A.A.C. R6-13-205 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-206 Recodified

History

  • Former Rule 3-205; Former Section R6-3-206 repealed, new Section R6-3-206 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-206 recodified to A.A.C. R6-13-206 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-207 Recodified

History

  • Former Rule 3-206; Former Section R6-3-207 repealed, new Section R6-3-207 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). Amended as an emergency effective October 3, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-5). Former Emergency Adoption now adopted effective April 23, 1980 (Supp. 80-2). R6-3-207 recodified to A.A.C. R6-13-207 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-208 [REPEALED]

History

  • Former Rule 3-207, 3-207.2; Repealed effective March 26, 1976 (Supp. 76-2).
Ariz. Admin. Code § R6-3-209 Recodified

History

  • Former Rule 3-208; Former Section R6-3-209 repealed, new Section R6-3-209 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-209 recodified to A.A.C. R6-13-209 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-210 [REPEALED]

History

  • Former Rule 3-209; Repealed effective March 26, 1976 (Supp. 76-2).
Ariz. Admin. Code § R6-3-211 Recodified

History

  • Former Rule 3-210; Former Section R6-3-211 repealed, new Section R6-3-211 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-211 recodified to A.A.C. R6-13-211 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-212 Recodified

History

  • Former Rule 3-211; Former Section R6-3-212 repealed, new Section R6-3-212 adopted effective March 26, 1976 (Supp. 76-2). R6-3-212 recodified to A.A.C. R6-13-212 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-213 [REPEALED]

History

  • Former Rule 3-212; Repealed effective March 26, 1976 (Supp. 76-2).
Ariz. Admin. Code § R6-3-214 Recodified

History

  • Former Rule 3-213; Former Section R6-3-214 repealed, new Section R6-3-214 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-214 recodified to A.A.C. R6-13-214 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-215 Recodified

History

  • Former Rule 3-214; Former Section R6-3-215 repealed, new Section R6-3-215 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). R6-3-215 recodified to A.A.C. R6-13-215 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-216 Recodified

History

  • Former Rule 3-215; Former Section R6-3-216 repealed, new Section R6-3-216 adopted effective March 26, 1976 (Supp. 76-2). R6-3-216 recodified to A.A.C. R6-13-216 effective February 13, 1996 (Supp. 96-1).

Article 3 RECODIFIED

Ariz. Admin. Code § R6-3-301 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-301 recodified to A.A.C. R6-13-301 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-302 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). R6-3-302 recodified to A.A.C. R6-13-302 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-303 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-304 renumbered and amended as Section R6-3-303 effective October 13, 1977 (Supp. 77-5). R6-3-303 recodified to A.A.C. R6-13-303 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-304 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-303 renumbered and amended as Section R6-3-304 effective October 13, 1977 (Supp. 77-5). R6-3-304 recodified to A.A.C. R6-13-304 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-305 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-305 recodified to A.A.C. R6-13-305 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-306 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). R6-3-306 recodified to A.A.C. R6-13-306 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-307 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective March 14, 1977; Amended as an emergency effective March 21, 1977 (Supp. 77-2). Amended effective June 17, 1977 (Supp. 77-3). Amended effective October 13, 1977 (Supp. 77-5). R6-3-307 recodified to A.A.C. R6-13-307 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-308 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective October 13, 1977 (Supp. 77-5).
Ariz. Admin. Code § R6-3-309 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). R6-3-309 recodified to A.A.C. R6-13-309 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-310 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-310 recodified to A.A.C. R6-13-310 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-311 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-311 recodified to A.A.C. R6-13-311 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-312 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective October 13, 1977 (Supp. 77-5).
Ariz. Admin. Code § R6-3-313 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective March 14, 1977 (Supp. 77-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). R6-3-313 recodified to A.A.C. R6-13-313 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-314 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-314 repealed, new Section R6-3-314 adopted effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). Amended as an emergency effective October 3, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-5). Former emergency adoption now adopted and amended effective April 9, 1980 (Supp. 80-2). Section repealed, new Section adopted effective November 17, 1993 (Supp. 93-4). R6-3-314 recodified to A.A.C. R6-13-314 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-314.01 Recodified

History

  • Adopted effective November 17, 1993 (Supp. 93-4). R6-3-314.01 recodified to A.A.C. R6-13-314.01 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-315 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-315 recodified to A.A.C. R6-13-315 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-316 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-316 repealed, new Section R6-3-316 adopted effective October 13, 1977 (Supp. 77-5). R6-3-316 recodified to A.A.C. R6-13-316 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-317 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-317 repealed effective October 13, 1977 (Supp. 77-5).
Ariz. Admin. Code § R6-3-318 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-318 repealed, new Section R6-3-318 adopted effective October 13, 1977 (Supp. 77-5). Former Section R6-3-318 repealed, new Section R6-3-318 adopted as an emergency effective October 3, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-5). Emergency expired, Section R6-3-318 in effect prior to emergency repeal placed back into effect January 2, 1980. Section repealed, new Section adopted effective November 17, 1993 (Supp. 93-4). R6-3-318 recodified to A.A.C. R6-13-318 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-319 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-319 repealed, new Section R6-3-319 adopted effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). Former Section R6-3-319 repealed, new Section R6-3-319 adopted as an emergency effective October 3, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-5). Former emergency adoption now adopted and amended effective April 9, 1980 (Supp. 80-2). R6-3-319 recodified to A.A.C. R6-13-319 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-320 Recodified

History

  • Former Section R6-3-324 renumbered and amended as Section R6-3-320 effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). R6-3-320 recodified to A.A.C. R6-13-320 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-321 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-325 renumbered and amended as Section R6-3-321 effective October 13, 1977 (Supp. 77-5). R6-3-321 recodified to A.A.C. R6-13-321 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-322 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-322 repealed, new Section R6-3-322 adopted effective March 14, 1977 (Supp. 77-5). Former Section R6-3-322 repealed effective October 13, 1977 (Supp. 77-5). New Section R6-3-322 adopted as an emergency effective October 3, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-5). Former Emergency Adoption now adopted and amended effective April 17, 1980 (Supp. 80-2). R6-3-322 recodified to A.A.C. R6-13-322 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-323 Reserved
Ariz. Admin. Code § R6-3-324 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-324 repealed effective October 13, 1977 (Supp. 77-5).
Ariz. Admin. Code § R6-3-325 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-325 repealed effective October 13, 1977 (Supp. 77-5).

Article 4 REPEALED

Ariz. Admin. Code § R6-3-401 [REPEALED]

History

  • Former Rule 3-400; Former Section R6-3-401 repealed, new Section R6-3-401 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-402 [REPEALED]

History

  • Former Rule 3-401; Former Section R6-3-402 repealed, new Section R6-3-402 adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-402 repealed, new Section R6-3-402 adopted effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-403 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-404 [REPEALED]

History

  • Former Rule 3-402; Former Section R6-3-404 repealed, new Section R6-3-404 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-4). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-405 [REPEALED]

History

  • Former Rule 3-403; Former Section R6-3-405 repealed, new Section R6-3-405 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5) Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-406 [REPEALED]

History

  • Former Rule 3-404; Former Section R6-3-406 repealed, new Section R6-3-406 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-407 [REPEALED]

History

  • Former Rule 3-405; Amended effective September 24, 1975 (Supp. 75-1). Former Section R6-3-407 repealed, new Section R6-3-407 adopted effective March 26, 1976 (Supp. 76-2). Amended effective March 14, 1977 (Supp. 77-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-408 [REPEALED]

History

  • Former Rule 3-406; Former Section R6-3-408 repealed, new Section R6-3-408 adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-408 repealed, new Section R6-3-408 adopted effective October 13, 1977 (Supp 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-409 [REPEALED]

History

  • Former Rule 3-407; Former Section R6-3-409 repealed, new Section R6-3-409 adopted effective March 26, 1976 (Supp. 76-2). Amended effective March 21, 1977 (Supp. 77-2). Correction, amended effective March 21, 1977 (Supp. 77-2) should read amended as an emergency effective March 21, 1977 (Supp. 77-2); Amended effective June 17, 1977 (Supp. 77-3). Former Section R6-3-409 repealed, new Section R6-3-409 adopted effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-410 [REPEALED]

History

  • Former Rule 3-408; Amended effective November 26, 1974 (Supp. 75-1). Former Section R6-3-410 repealed, new Section R6-3-410 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective June 15, 1978 (Supp. 78-3).
Ariz. Admin. Code § R6-3-411 [REPEALED]

History

  • Former Rule 3-409; Former Section R6-3-411 repealed effective March 26, 1976 (Supp. 76-2). Former Section R6-3-322 renumbered and amended as Section R6-3-411 effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-412 [REPEALED]

History

  • Former Rule 3-410; Amended effective November 26, 1974 (Supp. 75-1). Former Section R6-3-412 repealed, new Section R6-3-412 adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-412 repealed, new Section R6-3-412 adopted effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-413 [REPEALED]

History

  • Former Rule 3-411; Former Section R6-3-413 repealed, new Section R6-3-413 adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-413 repealed, new Section R6-3-413 adopted effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-414 [REPEALED]

History

  • Former Rule 3-412; Amended effective October 23, 1975, AP Exhibit IV-B repealed effective October 23, 1975 (Supp. 75-1). Former Section R6-3-414 repealed, new Section R6-3-414 adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-414 repealed, new Section R6-3-414 adopted effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-415 [REPEALED]

History

  • Former Rule 3-420; Former Section R6-3-415 repealed, new Section R6-3-415 adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-415 repealed, new Section R6-3-415 adopted effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-416 [REPEALED]

History

  • Former Rule 3-421; Former Section R6-3-416 repealed effective March 26, 1976 (Supp. 76-2).
Ariz. Admin. Code § R6-3-417 [REPEALED]

History

  • Former Rule 3-422; Former Section R6-3-417 repealed effective March 26, 1976 (Supp. 76-2).
Ariz. Admin. Code § R6-3-418 [REPEALED]

History

  • Former Rule 3-423; Former Section R6-3-418 repealed, new Section R6-3-418 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-419 [REPEALED]

History

  • Former Rule 3-424; Former Section R6-3-419 repealed effective March 26, 1976 (Supp. 76-2).
Ariz. Admin. Code § R6-3-420 [REPEALED]

History

  • Former Rule 3-425; Former Section R6-3-420 repealed, new Section R6-3-420 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-421 [REPEALED]

History

  • Former Rule 3-426; Former Section R6-3-421 repealed, new Section R6-3-421 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-422 [REPEALED]

History

  • Former Rule 3-427; Former Section R6-3-422 repealed, new Section R6-3-422 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-423 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-424 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-425 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-426 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective June 15, 1978 (Supp. 78-3). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-427 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-428 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-429 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-430 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-430 repealed, new Section R6-3-430 adopted effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-431 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-432 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-433 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-434 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-434 repealed effective October 13, 1977 (Supp. 77-5).
Ariz. Admin. Code § R6-3-435 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-435 repealed effective October 13, 1977 (Supp. 77-5).

Article 5 REPEALED

Ariz. Admin. Code § R6-3-501 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-502 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-503 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Amended as an emergency effective September 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Emergency expired. Amended effective May 2, 1984 (Supp. 84-3). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-504 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-505 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-506 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-507 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-508 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-509 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-510 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-511 Reserved
Ariz. Admin. Code § R6-3-512 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-513 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-514 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-515 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. (76-2). Former Section R6-3-515 repealed, new Section R6-3-515 adopted as an emergency effective October 3, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-5). Former Emergency Adoption now adopted and amended effective April 17, 1980 (Supp. 80-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-516 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-517 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).

Article 6 RECODIFIED

Ariz. Admin. Code § R6-3-601 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Section repealed, new Section adopted effective October 2, 1986 (Supp. 86-2). Amended effective May 2, 1990 (Supp. 90-2). R6-3-601 recodified to A.A.C. R6-13-601 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-602 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Section repealed, new Section adopted effective October 2, 1986 (Supp. 86-2). Amended effective May 2, 1990 (Supp. 90-2). R6-3-602 recodified to A.A.C. R6-13-602 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-603 Recodified

History

  • Former Section R6-3-603 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Amended effective June 15, 1978 (Supp. 78-3). Section repealed, new Section adopted effective October 2, 1986 (Supp. 86-2). Section R6-3-603 renumbered to R6-3-604, new Section R6-3-603 adopted effective May 2, 1990 (Supp. 90-2). R6-3-603 recodified to A.A.C. R6-13-603 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-604 Recodified

History

  • Former Section R6-3-604 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective October 2, 1986 (Supp. 86-5). New Section R6-3-604 renumbered from R6-3-603 effective May 2, 1990 (Supp. 90-2). R6-3-604 recodified to A.A.C. R6-13-604 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-605 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective October 2, 1986 (Supp. 86-5).
Ariz. Admin. Code § R6-3-606 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective October 2, 1986 (Supp. 86-5).
Ariz. Admin. Code § R6-3-607 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective October 2, 1986 (Supp. 86-5).
Ariz. Admin. Code § R6-3-608 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective October 2, 1986 (Supp. 86-5).
Ariz. Admin. Code § R6-3-609 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective October 13, 1977 (Supp. 77-5).
Ariz. Admin. Code § R6-3-610 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective October 13, 1977 (Supp. 77-5).
Ariz. Admin. Code § R6-3-611 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective October 2, 1986 (Supp. 86-5).
Ariz. Admin. Code § R6-3-612 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective October 2, 1986 (Supp. 86-5).
Ariz. Admin. Code § R6-3-613 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective October 2, 1986 (Supp. 86-5).
Ariz. Admin. Code § R6-3-614 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective October 2, 1986 (Supp. 86-5).
Ariz. Admin. Code § R6-3-615 [REPEALED]

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective October 2, 1986 (Supp. 86-5).

Article 7 RECODIFIED

Ariz. Admin. Code § R6-3-701 Recodified

History

  • Former Rule 3-700; Former Section R6-3-701 repealed, new Section R6-3-701 adopted effective March 26, 1976 (Supp. 76-2). Amended effective March 14, 1977 (Supp. 77-2). Amended effective October 13, 1977 (Supp. 77-5). Former Section R6-3-701 repealed, new Section R6-3-701 adopted effective January 10, 1985 (Supp. 85-1). Amended effective July 30, 1992 (Supp. 92-3). R6-3-701 recodified to A.A.C. R6-13-701 effective February 13, 1996 (Supp. 96-1).

Article 8 RECODIFIED

Ariz. Admin. Code § R6-3-801 Recodified

History

  • Former Rule 3-800; Former Section R6-3-801 repealed, new Section R6-3-801 adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-801 repealed, new Section R6-3-801 adopted effective June 15, 1978 (Supp. 78-3). Section repealed, new Section adopted effective October 27, 1993 (Supp. 93-4). R6-3-801 recodified to A.A.C. R6-13-801 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-802 Recodified

History

  • Former Rule 3-801; Former Section R6-3-802 repealed, new Section R6-3-802 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Former Section R6-3-802 repealed, new Section R6-3-802 adopted effective June 15, 1978 (Supp. 78-3). Section repealed, new Section adopted effective October 27, 1993 (Supp. 93-4). R6-3-802 recodified to A.A.C. R6-13-802 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-803 Recodified

History

  • Former Rule 3-802; Former Section R6-3-803 repealed, new Section R6-3-803 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Former Section R6-3-803 repealed, new Section R6-3-803 adopted effective June 15, 1978 (Supp. 78-3). Section repealed, new Section adopted effective October 27, 1993 (Supp. 93-4). R6-3-803 recodified to A.A.C. R6-13-803 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-804 Recodified

History

  • Former Rule 3-803; Former Section R6-3-804 repealed, new Section R6-3-804 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Former Section R6-3-804 repealed, new Section R6-3-804 adopted effective June 15, 1978 (Supp. 78-3). Section repealed, new Section adopted effective October 27, 1993 (Supp. 93-4). R6-3-804 recodified to A.A.C. R6-13-804 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-805 Recodified

History

  • Former Rule 3-804; Former Section R6-3-805 repealed, new Section R6-3-805 adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-805 repealed, new Section R6-3-805 adopted effective June 15, 1978 (Supp. 78-3). Section repealed, new Section adopted effective October 27, 1993 (Supp. 93-4). R6-3-805 recodified to A.A.C. R6-13-805 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-806 Recodified

History

  • Former Rule 3-805; Former Section R6-3-806 repealed, new Section R6-3-806 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Former Section R6-3-806 repealed, new Section R6-3-806 adopted effective June 15, 1978 (Supp. 78-3). Section repealed, new Section adopted effective October 27, 1993 (Supp. 93-4). R6-3-806 recodified to A.A.C. R6-13-806 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-807 Recodified

History

  • Former Rule 3-806; Former Section R6-3-807 repealed, new Section R6-3-807 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). Repealed effective June 15, 1978 (Supp. 78-3). New Section adopted effective October 27, 1993 (Supp. 93-4). R6-3-807 recodified to A.A.C. R6-13-807 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-808 Recodified

History

  • Adopted effective March 26, 1976 (Supp. 76-2). Repealed effective June 15, 1978 (Supp. 78-3). New Section adopted effective October 27, 1993 (Supp. 93-4). R6-3-808 recodified to A.A.C. R6-13-808 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-809 Recodified

History

  • Adopted effective October 27, 1993 (Supp. 93-4). R6-3-809 recodified to A.A.C. R6-13-809 effective February 13, 1996 (Supp. 96-1).

Article 9 RECODIFIED

Ariz. Admin. Code § R6-3-901 Recodified

History

  • Former Rule 3-900; Former Section R6-3-901 repealed, new Section R6-3-901 adopted effective March 26, 1976 (Supp. 76-2). R6-3-901 recodified to A.A.C. R6-13-901 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-902 Recodified

History

  • Former Rule 3-901; Former Section R6-3-902 repealed, new Section R6-3-902 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-902 recodified to A.A.C. R6-13-902 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-903 Recodified

History

  • Former Rule 3-902; Former Section R6-3-903 repealed, new Section R6-3-903 adopted effective March 26, 1976 (Supp. 76-2). R6-3-903 recodified to A.A.C. R6-13-903 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-904 Recodified

History

  • Former Rule 3-903; Former Section R6-3-904 repealed, new Section R6-3-904 adopted effective March 26, 1976 (Supp. 76-2). R6-3-904 recodified to A.A.C. R6-13-904 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-905 Recodified

History

  • Former Rule 3-904; Former Section R6-3-905 repealed, new Section R6-3-905 adopted effective March 26, 1976 (Supp. 76-2). R6-3-905 recodified to A.A.C. R6-13-905 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-906 Recodified

History

  • Former Rule 3-905; Amended effective September 24, 1975 (Supp. 76-1). Former Section R6-3-906 repealed, new Section R6-3-906 adopted effective March 26, 1976 (Supp. 76-2). R6-3-906 recodified to A.A.C. R6-13-906 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-907 Recodified

History

  • Former Rule 3-906; Former Section R6-3-907 repealed, new Section R6-3-907 adopted effective March 26, 1976 (Supp. 76-2). R6-3-907 recodified to A.A.C. R6-13-907 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-908 Recodified

History

  • Former Rule 3-907; Former Section R6-3-908 repealed, new Section R6-3-908 adopted effective March 26, 1976 (Supp. 76-2). R6-3-908 recodified to A.A.C. R6-13-908 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-909 Recodified

History

  • Former Rule 3-908; Amended effective September 24, 1975 (Supp. 75-1). Former Section R6-3-909 repealed, new Section R6-3-909 adopted effective March 26, 1976 (Supp. 76-2). R6-3-909 recodified to A.A.C. R6-13-909 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-910 Recodified

History

  • Former Rule 3-909; Amended effective September 24, 1975 (Supp. 75-1). Former Section R6-3-910 repealed, new Section R6-3-910 adopted effective March 26, 1976 (Supp. 76-2). R6-3-910 recodified to A.A.C. R6-13-910 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-911 Recodified

History

  • Former Rule 3-910; Former Section R6-3-911 repealed, new Section R6-3-911 adopted effective March 26, 1976 (Supp. 76-2). R6-3-911 recodified to A.A.C. R6-13-911 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-912 Recodified

History

  • Former Rule 3-911; Former Section R6-3-912 repealed, new Section R6-3-912 adopted effective March 26, 1976 (Supp. 76-2). R6-3-912 recodified to A.A.C. R6-13-912 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-913 Recodified

History

  • Former Rule 3-912; Former Section R6-3-913 repealed, new Section R6-3-913 adopted effective March 26, 1976 (Supp. 76-2). R6-3-913 recodified to A.A.C. R6-13-913 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-914 Recodified

History

  • Former Rule 3-913; Former Section R6-3-914 repealed, new Section R6-3-914 adopted effective March 26, 1976 (Supp. 76-2). R6-3-914 recodified to A.A.C. R6-13-914 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-915 Recodified

History

  • Former Rule 3-914; Former Section R6-3-915 repealed, new Section R6-3-915 adopted effective March 26, 1976 (Supp. 76-2). R6-3-915 recodified to A.A.C. R6-13-915 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-916 Recodified

History

  • Former Rule 3-920; Former Section R6-3-916 repealed, new Section R6-3-916 adopted effective March 26, 1976 (Supp. 76-2). R6-3-916 recodified to A.A.C. R6-13-9216 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-917 Recodified

History

  • Former Rule 3-921; Former Section R6-3-917 repealed, new Section R6-3-917 adopted effective March 26, 1976 (Supp. 76-2). R6-3-917 recodified to A.A.C. R6-13-917 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-918 Recodified

History

  • Former Rule 3-922; Former Section R6-3-918 repealed, new Section R6-3-918 adopted effective March 26, 1976 (Supp. 76-2). R6-3-918 recodified to A.A.C. R6-13-918 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-919 Recodified

History

  • Former Rule 3-923; Former Section R6-3-919 repealed, new Section R6-3-919 adopted effective March 26, 1976 (Supp. 76-2). R6-3-919 recodified to A.A.C. R6-13-919 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-920 Recodified

History

  • Former Rule 3-924; Former Section R6-3-920 repealed, new Section R6-3-920 adopted effective March 26, 1976 (Supp. 76-2). R6-3-920 recodified to A.A.C. R6-13-920 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-921 Recodified

History

  • Former Rule 3-925; Former Section R6-3-921 repealed, new Section R6-3-921 adopted effective March 26, 1976 (Supp. 76-2). R6-3-921 recodified to A.A.C. R6-13-921 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-922 Recodified

History

  • Former Rule 3-926; Former Section R6-3-922 repealed, new Section R6-3-922 adopted effective March 26, 1976 (Supp. 76-2). Section repealed, new Section adopted effective November 17, 1993 (Supp. 93-4). R6-3-922 recodified to A.A.C. R6-13-922 effective February 13, 1996 (Supp. 96-1).

Article 10 REPEALED

Ariz. Admin. Code § R6-3-1001 [REPEALED]

History

  • Former Rule 3-1100; Amended effective November 26, 1974 (Supp. 75-1). Former Section R6-3-1001 repealed, new Section R6-3-1001 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1002 [REPEALED]

History

  • Former Rule 3-1101; Amended effective November 26, 1974 (Supp. 75-1). Former Section R6-3-1002 repealed, new Section R6-3-1002 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1003 [REPEALED]

History

  • Former Rule 3-1102; Amended effective November 26, 1974 (Supp. 75-1). Former Section R6-3-1003 repealed, new Section R6-3-1003 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1004 [REPEALED]

History

  • Former Rule 3-1103; Amended effective November 26, 1974 (Supp. 75-1). Former Section R6-3-1004 repealed, new Section R6-3-1004 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1005 [REPEALED]

History

  • Former Rule 3-1104; Former Section R6-3-1005 repealed, new Section R6-3-1005 adopted effective November 26, 1974 (Supp. 75-1). Former Section R6-3-1005 repealed, new Section R6-3-1005 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1006 [REPEALED]

History

  • Former Rule 3-1105; Amended effective September 24, 1975 (Supp. 75-1). Former Section R6-3-1006 repealed, new Section R6-3-1006 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1007 [REPEALED]

History

  • Former Rule 3-1106; Amended effective September 24, 1975 (Supp. 75-1). Former Section R6-3-1007 repealed, new Section R6-3-1007 adopted effective March 26, 1976 (Supp. 76-2).
Ariz. Admin. Code § R6-3-1008 [REPEALED]

History

  • Former Rule 3-1107; Amended effective September 24, 1975 (Supp. 75-1). Former Section R6-3-1008 repealed, new Section R6-3-1008 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1009 [REPEALED]

History

  • Former Rule 3-1108; Amended effective September 24, 1975 (Supp. 75-1). Former Section R6-3-1009 repealed, new Section R6-3-1009 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1010 [REPEALED]

History

  • Former Rule 3-1109; Former Section R6-3-1010 repealed, new Section R6-3-1010 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1011 [REPEALED]

History

  • Former Rules 3-1110 through 3-1119; Former Section R6-3-1011 repealed effective March 26, 1976 (Supp. 76-2).
Ariz. Admin. Code § R6-3-1012 [REPEALED]

History

  • Former Rule 3-1120; Former Section R6-3-1012 repealed, new Section R6-3-1012 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1013 [REPEALED]

History

  • Former Rule 3-1121; Not in original publication, correction, R6-3-1013(A)(4), R6-3-1013(B)(1) through (6), R6-3-1013(C), other revisions amended effective September 24, 1975 (Supp. 75-1). Former Section R6-3-1013 repealed, new Section R6-3-1013 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1014 [REPEALED]

History

  • Former Rule 3-1122; Amended effective September 24, 1975 (Supp. 75-1). Former Section R6-3-1014 repealed, new Section R6-3-1014 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1015 [REPEALED]

History

  • Former Rule 3-1123; Former Section R6-3-1015 repealed, new Section R6-3-1015 adopted effective March 26, 1976 (Supp. 76-2). Repealed effective November 9, 1995 (Supp. 95-4).

Article 11 REPEALED

Ariz. Admin. Code § R6-3-1101 [REPEALED]

History

  • Section R6-3-1101 repealed effective March 26, 1976.
Ariz. Admin. Code § R6-3-1102 [REPEALED]

History

  • Section R6-3-1102 repealed effective March 26, 1976.
Ariz. Admin. Code § R6-3-1103 [REPEALED]

History

  • Section R6-3-1103 repealed effective March 26, 1976.
Ariz. Admin. Code § R6-3-1104 [REPEALED]

History

  • Section R6-3-1104 repealed effective March 26, 1976.
Ariz. Admin. Code § R6-3-1105 [REPEALED]

History

  • Section R6-3-1105 repealed effective March 26, 1976.
Ariz. Admin. Code § R6-3-1106 [REPEALED]

History

  • Section R6-3-1106 repealed effective March 26, 1976.
Ariz. Admin. Code § R6-3-1107 [REPEALED]

History

  • Section R6-3-1107 repealed effective March 26, 1976.
Ariz. Admin. Code § R6-3-1108 [REPEALED]

History

  • Section R6-3-1108 repealed effective March 26, 1976.
Ariz. Admin. Code § R6-3-1109 [REPEALED]

History

  • Section R6-3-1109 repealed effective March 26, 1976.
Ariz. Admin. Code § R6-3-1110 [REPEALED]

History

  • Section R6-3-1110 repealed effective March 26, 1976.
Ariz. Admin. Code § R6-3-1111 [REPEALED]

History

  • Section R6-3-1111 repealed effective March 26, 1976.

Article 12 RECODIFIED

Ariz. Admin. Code § R6-3-1201 Recodified

History

  • Former Rule 3-1300; Former Section R6-3-1201 repealed, new Section R6-3-1201 adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-1201 repealed, new Section R6-3-1201 adopted effective October 13, 1977 (Supp. 77-5). R6-3-1201 recodified to A.A.C. R6-13-1201 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1202 Recodified

History

  • Former Rule 3-1301; Former Section R6-3-1202 repealed, new Section R6-3-1202 adopted effective March 26, 1976 (Supp. 76-2). Amended effective March 14, 1977 (Supp. 77-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-1202 recodified to A.A.C. R6-13-1202 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1203 Recodified

History

  • Former Rule 3-1302; Former Section R6-3-1203 repealed, new Section R6-3-1203 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-1203 recodified to A.A.C. R6-13-1203 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1204 Recodified

History

  • Former Rule 3-1303; Former Section R6-3-1204 repealed, new Section R6-3-1204 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-1204 recodified to A.A.C. R6-13-1204 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1205 [REPEALED]

History

  • Former Rule 3-1304; Former Section R6-3-1204 repealed effective March 26, 1976 (Supp. 76-2).
Ariz. Admin. Code § R6-3-1206 Recodified

History

  • Former Rule 3-1305; Former Section R6-3-1206 repealed, new Section R6-3-1206 adopted effective March 26, 1976 (Supp. 76-2). Former Section R6-3-1206 repealed, new Section R6-3-1206 adopted effective June 15, 1978 (Supp. 78-3). Former Section R6-3-1206 repealed, new Section R6-3-1206 adopted effective January 2, 1985 (Supp. 85-1). R6-3-1206 recodified to A.A.C. R6-13-1206 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1207 Recodified

History

  • Former Rule 3-1306; Former Section R6-3-1207 repealed, new Section R6-3-1207 adopted effective March 26, 1976 (Supp. 76-2). R6-3-1207 recodified to A.A.C. R6-13-1207 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1208 Recodified

History

  • Former Rule 3-1307; Former Section R6-3-1208 repealed, new Section R6-3-1208 adopted effective March 26, 1976 (Supp. 76-2). Amended effective June 9, 1978 (Supp. 78-3). Former Section R6-3-1208 repealed, new Section R6-3-1208 adopted as an emergency effective October 3, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-5). Former Emergency Adoption now adopted and amended effective April 23, 1980 (Supp. 80-2). Amended effective September 6, 1985 (Supp. 85-5). R6-3-1208 recodified to A.A.C. R6-13-1208 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1209 Recodified

History

  • Former Rule 3-1308; Former Section R6-3-1209 repealed, new Section R6-3-1209 adopted effective March 26, 1 976 (Supp. 76-2). R6-3-1209 recodified to A.A.C. R6-13-1209 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1210 Recodified

History

  • Former Rule 3-1309; Former Section R6-3-1210 repealed, new Section R6-3-1210 adopted effective March 26, 1976 (Supp. 76-2). R6-3-1210 recodified to A.A.C. R6-13-1210 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1211 Recodified

History

  • Former Rule 3-1310; Former Section R6-3-1211 repealed effective March 26, 1976 (Supp. 76-2). New Section R6-3-1211 adopted effective October 13, 1977 (Supp. 77-5). R6-3-1211 recodified to A.A.C. R6-13-1211 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1212 Recodified

History

  • Former Rule 3-1311; Former Section R6-3-1212 repealed, new Section R6-3-1212 adopted effective March 26, 1976 (Supp. 76-2). Amended effective October 13, 1977 (Supp. 77-5). R6-3-1212 recodified to A.A.C. R6-13-1212 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1213 Recodified

History

  • Former Rule 3-1312; Former Section R6-3-1213 repealed, new Section R6-3-1213 adopted effective March 26, 1976 (Supp. 76-2). R6-3-1213 recodified to A.A.C. R6-13-1213 effective February 13, 1996 (Supp. 96-1).

Article 13 DEFINITIONS

Ariz. Admin. Code § R6-3-1301 Definitions

The following definitions apply in A.R.S. Title 23, Chapter 4 (A.R.S. § 23-601 et seq.) and in Articles 13 through 18 and 50 through 56 of this Chapter unless the context otherwise requires:

1. "Agent State" means a state in which an individual files a claim for benefits against another state.

2. "Agricultural employer" means an employer defined in A.R.S. § 23-631(B).

3. "Appeal tribunal", as described in A.R.S. § 23-671, means a hearing officer as defined in A.R.S. § 23-609.01.

4. "Benefit overpayment" means a payment of unemployment insurance benefits in an amount exceeding the amount of benefits to which a person was lawfully entitled.

5. "Benefit overpayment caused by Department error" means an overpayment which resulted from an error committed by Department personnel.

6. "Benefit overpayment classified administrative" means an overpayment which occurred without fault on the part of the claimant.

7. "Benefit overpayment classified fraud" means an overpayment occurred because a claimant knowingly misrepresented or concealed material facts in order to obtain benefits to which the claimant was not lawfully entitled.

8. "Benefit overpayment classified non-fraud" means an overpayment created because the claimant unintentionally gave incorrect or incomplete information.

9. "Board" means the Department's Appeals Board described in A.R.S. § 23-672.

10. "Claimant" means a person who has filed a claim for unemployment insurance benefits.

11. "Combined wage claim" or "a claim filed under the Interstate Arrangement for Combining Wages and Employment" means an unemployment insurance claim based on wages earned in more than 1 state.

12. "Daughter" means a birth, foster, step, or legally adopted female child.

13. "Deputy" means a Department employee who performs claims-taking or adjudication duties in the unemployment insurance program.

14. "Director" means the Director of the Department of Economic Security.

15. "Domestic employer" means an employer defined in A.R.S. § 23-613(C).

16. "Domestic service" means service of a household nature performed by an employee for a person or for a local college club or local chapter of a college sorority or fraternity in or about the private home of the employer or in or about a college club or sorority or fraternity house in connection with the maintenance of the home or premises, or for the comfort and care of the person, family, or members, as distinguished from service which is directly related to the business or career of the employer.

a. Domestic service includes:

i. "Family", for purposes of this Section, includes foster relationships and relationships by blood, marriage, and adoption.

ii. "Private home" means the social unit formed by a person or family residing in a private household. Private home includes the fixed place of abode of a person or family in a private house, or in a separate and distinct dwelling unit in an apartment house, hotel, or other similar establishment. Private home also includes a summer or winter home of a person or family. Private home does not include any dwelling house or premises used primarily as a boarding or lodging house for the purpose of supplying board or lodging to the public as a business enterprise, or used primarily for the purpose of furnishing accommodations or entertainment to clients, customers, or patrons.

iii. "Service of a household nature" means service customarily rendered by cooks, waiters, butlers, housekeepers, nannies, companions, valets, janitors, laundry workers, caretakers, handypersons, gardeners, and by chauffeurs of automobiles. Service of a household nature does not include service performed by private secretaries, tutors, librarians, or musicians, or by carpenters, plumbers, electricians, painters, or other skilled craftspersons, or by professional or highly trained persons such as registered nurses, licensed practical nurses, and airplane pilots.

b. Domestic service does not include:

i. Service of a household nature performed in or about a private home in the employ of any employing unit engaged in a business the purpose of which is to furnish services of a household nature to the public.

ii. Service of a household nature performed in connection with the operation of rooming, lodging, or boarding houses, hotels, hospitals, eleemosynary institutions, or commercial offices or establishments.

17. "Employment Security Law of Arizona" means A.R.S. Title 23, Chapter 4.

18. "Experience rating account" means a separate account the Department maintains for each employer in accordance with A.R.S. § 23-727.

19. "Father" means a birth, foster, step, or legally adoptive male parent.

20. "Federal Unemployment Tax Act" (FUTA) means 26 U.S.C.A. 3301 et seq.

21. "Interstate benefit payment plan" means the plan approved by the Interstate Conference of Employment Security Agencies for payment of benefits to a person who is absent from the state in which the person accumulated benefit credits.

22. "Interstate claimant" means an individual who claims benefits under the unemployment insurance law of a liable state through the facilities of an agent state.

23. "Liable state" means any state against which an individual files a claim for benefits through another state.

24. "Mass separation" means a situation where more than 50 employees of an employing unit have separated from employment for the same reason, for a separation period of at least 1 week.

25. "Mother" means a birth, foster, step, or legally adoptive female parent.

26. "Partially unemployed individual" means a person who is regularly employed full time by an employer but who, during a particular week:

a. Worked less than the customary full-time hours for such employer because of lack of full-time work,

b. Earned less than the person's weekly benefit amount.

27. "Part-time employment" means employment of a person who, during a particular week, earned less than the person's weekly benefit amount and worked less than full time.

28. "Pay period" means that period of time during which the wages due on any pay day were earned.

29. "Paying state" means the state against which a combined wage claim is filed.

30. "Payments in lieu of contributions" means monetary payments which an employing unit makes to the state unemployment compensation fund, pursuant to an election the employing unit has made.

31. "Regular employer", as used in Articles 13 and 17, means an employer who is liable for contributions and subject to the experience rating provisions of the Employment Security Law of Arizona.

32. "Reimburse", as used in A.R.S. § 23-706, means that the Department is either crediting an employer's quarterly statement of account or issuing the employer a refund by warrant.

33. "Reimbursement employer" means an employer who makes payments in lieu of contributions.

34. "Son" means a birth, foster, step, or legally adopted male child.

35. "Spouse" means the lawful husband of a woman or the lawful wife of a man.

36. "Taxable year" means a calendar year.

37. "Transferring state" means a state that transfers wages to a paying state for purposes of establishing a combined wage claim.

38. "Week", except as otherwise defined for a specific rule or in A.R.S. Title 23, Chapter 4, means a calendar week. The term "calendar week" means 7 consecutive days ending at midnight Saturday. For the purposes of A.R.S. §§ 23-613, 23-615(6), and 23-725(B) and (F), if any calendar week includes both December 31 and January 1, the days up to January 1 shall be deemed 1 calendar week and the days beginning January 1 another calendar week.

39. "Week of unemployment", as used in R6-3-1806, is the week of unemployment as defined in the law of the liable state from which benefits with respect to such week are claimed.

History

  • Former Rule 3-1319; Amended effective April 17, 1975 (Supp. 75-1). Amended effective January 18, 1978 (Supp. 78-1). Amended effective February 10, 1978 (Supp. 78-1). Amended effective March 28, 1978 (Supp. 78-2). Amended effective August 3, 1978 (Supp. 78-4). Amended as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Amended effective February 7, 1980 (Supp. 80-1). Amended subsection (B) effective July 9, 1980. Amended subsection (O) effective July 24, 1980 (Supp. 80-4). Section repealed, new Section adopted effective December 20, 1995 (Supp. 95-4).

Article 14 ADMINISTRATION AND ENFORCEMENT

Ariz. Admin. Code § R6-3-1401 Policy of Nondiscrimination

A. In the administration of the unemployment insurance program, the Department shall not discriminate against any claimant or employer because of age, race, sex, color, religious creed, national origin, handicap, disability, or political affiliation or belief.

B. The Department shall determine initial and continuing eligibility for benefits and liability for employer taxes and administer program services without discrimination, as prescribed by 29 U.S.C. 794 and 42 U.S.C. 1201 et seq.

History

  • Former Regulation 40-14. Section R6-3-1401 renumbered to R6-3-1406, new Section R6-3-1401 adopted effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1402 [REPEALED]

History

  • Former Regulation 30-6. Section repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-1403 Disclosure of Information and Confidentiality

A. Information obtained from employer reports and investigations of claims for unemployment insurance benefits is strictly confidential and shall not be published or disclosed to others except as permitted by authorized personnel within the strict limitations hereinafter stated:

1. To individual employers or their authorized agents if the information directly concerns their liability as an employer or their account with the Department or the information was initially obtained from the employer or the employer's predecessor;

2. To individual claimants or their authorized representatives if the information directly concerns their status as a claimant;

3. To public employees in the performance of their official duties, provided the information so disclosed and the source of such information is kept confidential and used only for authorized governmental purposes;

4. To an agent of the Department designated as such in writing for the purposes of accomplishing certain of the Department's functions, with the proviso the information so obtained or the source of such information is kept confidential and used only for the purpose for which the entity was designated as an agent of the Department;

5. To the general public when such information does not include information identifiable either directly or indirectly to individual claimants or employing units;

6. To an outside party after the party has obtained written authorization which has been provided directly to the Department from the employer or claimant permitting the Department to release certain specified information;

To authorized personnel of a requesting entity authorized to receive the information under a data-share agreement established with the Department in accord with the terms of such an agreement.

B. No employee or agent of the Department shall testify or give evidence before any court or in any quasi-judicial proceeding concerning unemployment insurance records or information except as herein provided, or as instructed by legal counsel to the Department

C. Employees of the Department of Economic Security shall not disclose any information obtained in the course of their duties, whether the information is within their personal knowledge or from files, records, reports, or other documents of the Department, unless they are the individual authorized to disclose such information within the strict limitations imposed above.

History

  • Adopted effective July 26, 1978 (Supp. 78-4). Amended effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1404 Date of Submission and Extension of Time for Payments, Appeals, Notices, Etc

A. Except as otherwise provided by statute or by Department regulation, any payment, appeal, application, request, notice, objection, petition, report, or other information or document submitted to the Department shall be considered received by and filed with the Department:

If transmitted via the United States Postal Service or its successor, on the date it is mailed as shown by the postmark or, in the absence of a postmark the postage meter mark, of the envelope in which it is received; or if not postmarked or postage meter marked or if the mark is illegible, on the date entered on the document as the date of completion.

2. If transmitted by any means other than the United States Postal Service or its successor, on the date it is received by the Department.

3. Computation of time shall be made in accordance with and limited to subdivision (a) of Rule 6 of the Rules of Civil Procedure.

B. The submission of any payment, appeal, application, request, notice, objection, petition, report, or other information or document not within the specified statutory or regulatory period shall be considered timely if it is established to the satisfaction of the Department that the delay in submission was due to: Department error or misinformation, delay or other action of the United States Postal Service or its successor, or when the delay in submission was because the individual changed his mailing address at a time when there would have been no reason for him to notify the Department of the address change.

1. For submission that is not within the statutory or regulatory period to be considered timely, the interested party must submit a written explanation setting forth the circumstances of the delay.

2. The Director shall designate personnel who are to decide whether an extension of time shall be granted.

3. No submission shall be considered timely if the delay in filing was unreasonable, as determined by the Department after considering the circumstances in the case.

4. If submission is not considered timely, and the subject matter is one for which A.R.S. Chapter 4, Title 23 provides administrative appeal rights, the Department shall issue an appealable decision to the interested party. The decision shall contain the reasons therefor, a statement that the party has the right to appeal the decision, and the period and manner in which such appeal must be filed under the provisions of the Arizona Employment Security Law.

C. Any notice, report form, determination, decision, assessment, or other document mailed by the Department shall be considered as having been served on the addressee on the date it is mailed to the addressee's last known address if not served in person. However, when it is established the interested party changed his mailing address at a time when there would have been no reason to notify the Department, it shall be considered as having been served on the addressee on the date it is personally delivered or remailed to his current mailing address. The date mailed shall be presumed to be the date of the document, unless otherwise indicated by the facts.

History

  • Adopted effective August 3, 1978 (Supp. 78-4). Amended effective May 8, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-1405 Shared Work

A. Shared Work Plans

1. Participation. The Department shall not permit an employee to participate concurrently in more than 1 shared work plan.

Amendment. Upon written request by the shared work employer, the Department shall:

a. Approve the transfer of an eligible employee from 1 approved plan to another approved plan; or

b. Amend the plan to include an eligible employee who was omitted from the approved plan.

B. Shared Work Employer's Contribution Rate. When any of the members of a Joint Experience Rating Account established under the provisions of R6-3-1712(A) have an approved shared work plan, the Department shall assign the members a contribution rate as prescribed in A.R.S. § 23-765.

C. Shared Work Benefits

1. Normal Weekly Hours. In A.R.S. § 23-764, the phrase "normal weekly hours of work for which the employer would not compensate the employee" means the number of hours, as defined in A.R.S. § 23-761(3), less the weekly hours of work for which the employer would compensate the employee, or for which the employer would compensate the employee had the employee worked.

a. Normal weekly hours of work include the hours calculated by a shared work employer converting the amount of an employee's average weekly earnings to an hourly equivalent.

b. Weekly hours of work for which the employer would compensate the employee include, to the nearest 10th of an hour, actual hours of work and other hours for which the employee has been or will be compensated, such as holiday pay, sick leave pay, and vacation or annual leave pay.

2. Weekly Certification. For each week of shared work benefits claimed by an employee in an affected group, the employer shall, in a format prescribed by the Department, provide and certify the following information:

a. The hours of work for which the employer compensated the employee, and

b. Whether the employee refused to accept any work offered by the employer.

3. Refusal of work. The statutory disqualification prescribed in A.R.S. § 23-776 applies when the Department determines that a shared work claimant failed to accept suitable full-time work offered by the shared work employer. The Department shall determine the suitability of the work offered as prescribed in A.R.S. § 23-776.

4. Previously assessed disqualification. Designation of an employee as a participant in an affected group does not terminate or suspend a previously assessed disqualification. For purposes of A.R.S. § 23-778, a weekly shared work claim is a valid claim for benefits.

5. Retirement pay. When retirement pay is deductible as prescribed in A.R.S. § 23-791, the Department shall deduct the weekly retirement amount from the computed shared work benefit amount.

Extended benefits. A shared work claimant is eligible to receive shared work benefits under the extended benefit program if the claimant meets the requirements of A.R.S. § 23-634.

7. Backdating. In the manner prescribed in R6-3-5475(E)(1), the Department shall backdate the effective date of a shared work initial claim for benefits to an earlier date if the claimant received misinformation about the filing of a claim from the shared work employer or the Department, except that the Department shall not backdate the effective date to a date prior to the effective date of the approved plan showing the claimant as a member of an affected group.

8. Dual claims. The Department shall not permit a claimant to receive regular benefits and shared work benefits concurrently.

Termination of shared work employment. A shared work claimant who terminates employment with, or is terminated by, the shared work employer is not eligible for shared work compensation for the calendar week in which the termination occurred. When a termination occurs, the shared work employer shall enter the date of termination on the weekly certification.

10. Offset. The Department shall use shared work benefits to offset any indebtedness to the Department as provided for in A.R.S. § 23-787.

D. Other Employment. The Department shall not charge the account of a base-period employer who is not the shared work employer, but who continues to employ a shared work claimant, for benefits paid to the claimant, if the base period employer submits written information of the continued employment within 10 days of the date of the Department's notice that the claimant has 1st filed a claim for benefits.

History

  • Adopted effective December 2, 1983 (Supp. 83-6). Amended effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-1406 Employer Elections to Cover Multi-state Workers

A. Scope and definitions.

1. This rule governs the Department in its administrative cooperation with other states participating in the Interstate Reciprocal Coverage Arrangement ("the Arrangement").

2. In this rule:

a. "Agency" means a person or entity lawfully authorized to administer the unemployment compensation law of a state participating in the Arrangement.

b. "Services customarily performed" means services performed by an individual in more than 1 state, if the nature of the services gives reasonable assurance that they will continue to be performed in more than 1 state or if such services are required or expected to be performed in more than 1 state under the election.

B. Submission and approval of coverage elections under the Interstate Reciprocal Coverage Arrangement.

1. Any employing unit may file an election to cover under the law of a single participating state all of the services performed for the employing unit by any individual who customarily works for the employing unit in more than 1 participating state. Such an election may be filed, with respect to an individual, with any participating state in which:

a. Any part of the individual's services are performed,

b. The individual has residence, or

c. The employing unit maintains a place of business to which the individual's services bear a reasonable relation.

The agency of the elected state (thus selected and determined) shall initially approve or disapprove the election. If such agency approves the election, the agency shall forward a copy thereof to the agency of each other participating state specified thereon, under whose unemployment compensation law the individual or individuals in question, in the absence of such election, might be covered. Each such interested agency shall approve or disapprove the election as promptly as practicable and shall notify the agency of the elected state accordingly. If its law so requires, any such interested agency, before taking such action, may require from the electing employing unit satisfactory evidence that the affected employees have been notified of, and have acquiesced in, the election.

3. If the agency of the elected state, or the agency of any interested state, disapproves the election, the disapproving agency shall notify the elected state, and the electing employing unit of its action and of its reasons therefor.

4. Such an election shall take effect as to the elected state only if approved by its agency and by 1 or more interested agencies. An election thus approved shall take effect, as to any interested agency, only if it is approved by such agency.

5. If an election is approved only in part, or is disapproved by some of such agencies, the electing employing unit may withdraw its election within 10 days after being notified of such action.

C. Effective period of elections

1. Commencement

a. An election duly approved under this rule shall become effective at the beginning of the calendar quarter in which the election was submitted, unless the election, as approved, specifies the beginning of a different calendar quarter.

b. If the electing unit requests an earlier effective date than the beginning of the calendar quarter in which the election is submitted, such earlier date may be approved solely as to those interested states in which the employer had no liability to pay contributions for the earlier period in question.

2. Termination

a. The application to any individual under this rule shall terminate, if the agency of the elected state finds that the nature of the services customarily performed by the individual for the electing unit has changed so that they are no longer customarily performed in more than 1 participating state. Such termination shall be effective as of the close of the calendar quarter in which notice of such finding is mailed to all parties affected.

b. Except as provided in subsection (C)(2)(a), each election approved hereunder shall remain in effect through the close of the calendar year in which it is submitted, and thereafter until the close of the calendar quarter in which the electing unit gives written notice of the termination to all affected agencies.

c. Whenever an election under this rule ceases to apply to any individual, under subsections (C)(2)(a) or (b), the electing unit shall notify the affected individual accordingly.

D. Reports and notices by the electing unit

1. The electing unit shall promptly notify each individual affected by its approved election, on the form supplied by the elected state, and shall furnish the elected agency a copy of such notice.

2. Whenever an individual covered by election under this rule is separated from employment, the electing unit shall again notify the individual, forthwith, as to the state under whose unemployment compensation law the individual's services have been covered. If, at the time of termination, the individual is not located in the elected state, the electing unit shall notify the individual as to the procedure for filing interstate benefit claims.

3. The electing unit shall immediately report to the elected state any change which occurs in the conditions of employment pertinent to its election, such as cases when an individual's services for the employer cease to be customarily performed in more than one participating state or when a change in the work assigned to an individual requires the individual to perform services in a new participating state.

E. Approval of reciprocal coverage elections. The Department shall approve or disapprove reciprocal coverage elections in accordance with this rule.

History

  • Renumbered from R6-3-1401 and amended effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1407 Interested Party

A. An interested party to a benefit or chargeability determination is:

1. A claimant whose right to benefits is affected;

2. A claimant's most recent employing unit or employer, or any base-period employer, if the employer:

a. Returns the Department's Notice to Employer, with a signed statement of facts providing information that may affect the claimant's eligibility for benefits, or information on the issue of separation from employment, within 10 business days of the date on the Notice to Employer the Department mails to the employer's address of record; or

b. Responds electronically to the Department's Notice to Employer within 10 business days of the date the Department transmits the Notice to the employer's electronic address on file, provided the response contains:

i. A statement of facts providing information that may affect the claimant's eligibility for benefits or information on the issue of separation from employment with the employer,

ii. The last date worked for this employer, and

iii. The name of the individual responsible for providing this information; or

c. Makes a bona fide offer of work to the claimant during a week for which the claimant files a claim for benefits, and sends the Department written notification of the offer within five business days of the date the employer makes the offer.

3. The claimant's most recent employing unit or employer, when the claimant is disqualified on the basis of the claimant's separation from employment with the employing unit or employer.

B. The Department shall make a previously excluded party an interested party to a decision involving whether wages are usable for a claim when the Department determines that the decision could adversely affect the excluded party.

History

  • New Section R6-3-1407 renumbered from R6-3-1501 and amended effective July 22, 1997 (Supp. 97-3). Amended by final rulemaking at 17 A.A.R. 1088, effective May 3, 2011 (Supp. 11-2).
Ariz. Admin. Code § R6-3-1408 Seasonal Employment Status; Qualified Transient Lodging Employment

A. As used in A.R.S. § 23-793:

1. A "full-time equivalent" means the number of hours in the employing unit's normal work week the employing unit considers a full-time work week, or 40 hours, whichever is less.

2. "1-year period prior to such slowdown" means the 52 completed calendar weeks immediately preceding the start date of the anticipated slowdown period.

"Previous year" means the same as "1-year period prior to such slowdown."

B. For the purpose of A.R.S. § 23-793(B), an application is the form provided by the Department and available to the employer at any unemployment insurance office of the Department or from any unemployment insurance tax representative. The employer shall provide the following information:

1. Identifying information, including the federal employer identification number and transient lodging privilege license number;

2. The anticipated period of the substantial slowdown of operations, the reason for the anticipated slowdown, and the expected number of full-time equivalents in the workforce during the slowdown;

3. The previous year's slowdown period, the reason for the slowdown, and the number of full-time equivalents in the employer's workforce in the 12 highest weeks of unemployment during the previous year; and

4. A copy of the employer's written notice to employees that the employment is seasonal.

C. Notwithstanding the Department's approval of the employer's application, the Department shall not deny a worker, who has filed a claim for benefits during a substantial slowdown period, the use of wages earned from the employer if the employer, in response to the Department's notice that the worker has filed a claim for benefits, does not provide written information that the worker is unemployed due solely to the substantial slowdown in operations within 10 days of the notice date.

History

  • Adopted effective July 22, 1997 (Supp. 97-3).

Article 15 DECISIONS, HEARINGS, AND ORDERS

Ariz. Admin. Code § R6-3-1501 Renumbered

History

  • Former Regulation 20-5; Amended effective February 15, 1978 (Supp. 78-1). Amended as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former Section R6-3-1501 amended effective February 7, 1980 (Supp. 80-1). Amended by adding subsection (B) effective July 9, 1980 (Supp. 80-4). Correction, paragraph (2), subparagraph (b) as certified effective February 7, 1980 (Supp. 81-2). Additional correction to subsection (A), paragraph (2), subparagraph (b), "simultaneous" deleted as certified February 7, 1980 (Supp. 81-5). R6-3-1501 renumbered to R6-3-1407 and amended effective July 22, 1997 (Supp. 97-4).
Ariz. Admin. Code § R6-3-1502 Appeals Process, General

A. The Board or a hearing officer in the Department's Office of Appeals may informally dispose of an appeal or petition without further appellate review on the merits:

1. By withdrawal, if the appellant withdraws the appeal in writing or on the record at any time before the decision is issued; or

2. By dismissal, if the appellant fails to file the appeal within the time permitted by the Employment Security Law or Department rules; or

3. By stipulation, if the parties agree on the record or in writing at any time before the decision is issued, subject to approval by the Appeals Tribunal; or

4. By default, if the appellant fails to appear or waives appearance at the scheduled hearing.

B. Notice of hearing

1. Place of hearing. Hearings shall be held at those regularly established hearing locations most convenient to the interested parties, or, at the discretion of the presiding officer, by telephone. Written notice will advise any interested party that the party has a right to be present in person or through counsel, or both, or to send written questions to the hearing officer, who will ensure that the questions are asked of the other party or appropriate witnesses, provided the questions are received prior to the designated hearing date and are germane to the issues to be decided.

2. Time and contents of notice. All interested parties to a hearing shall be given at least 10 business days' notice of hearing, except that any interested party may waive, either in writing or on the record, the right to notice. The notice shall contain the time and place of hearing, the issues involved, and the name of the hearing officer who will hold the hearing, but if, by reason of the nature of the proceedings, the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, the issues shall be fully stated as soon as practicable. In any event, reasonable opportunity shall be afforded all parties to become aware of the issues and to present evidence and argument with respect thereto.

Continued, reopened, or rescheduled hearings. Notice of time, place and purpose of any continued, reopened, or rescheduled hearing shall be given to all interested parties.

4. Mailing of notices. Notices of hearings shall be mailed to the interested parties by regular mail, 1st class, postage prepaid.

C. Consolidation of cases. When the same or substantially similar evidence is relevant and material to the issues in more than one case, proceedings thereon may be conducted jointly, a single record of the proceedings made and evidence introduced with respect to one case considered as introduced in the others, unless the hearing officer determines that such consolidation would be prejudicial to the interests or rights of any interested party.

D. Witnesses and subpoenas

1. An interested party shall arrange for the presence of that party's witnesses at a hearing.

2. A notice to attend a hearing, or a subpoena, may be issued by the hearing officer on the hearing officer's own motion.

3. Subpoenas requiring the attendance of witnesses or the production of documentary evidence at a hearing may be issued by the hearing officer on the hearing officer's own motion or upon written application by an interested party or the Deputy. Such request shall contain the name of the individual or documents desired, the address at which the subpoena may be served, and a brief statement of the facts which the applicant expects to prove by the individual or documents requested. The application shall be submitted to the Department at least 5 calendar days before the hearing to permit preparation and service of the subpoena before the hearing.

4. Witnesses subpoenaed who attend hearings shall be allowed fees at the same rate as paid by the Superior Court.

E. Information. In any hearing in which a claimant appears before the Appeals Board, the employing unit shall submit sworn or unsworn reports with respect to such person employed by it, which the Board deems necessary for the proper presentation of the claimant's claim.

F. Postponement of hearing. A hearing officer shall determine and order hearing postponements as prescribed in A.R.S. § 23-681(A) and (B).

G. Disqualification for cause. No person shall participate on behalf of the Department in any case in which the person is an interested party. A challenge regarding the interest of a hearing officer may be heard and decided by that hearing officer, or, upon written request by the party making the challenge, referred to the hearing officer's immediate supervisor. Challenges regarding the interest of a member of the Appeals Board shall be decided by the remaining members of the Board, based upon A.R.S. § 38-503. When a challenge is sustained, or the member voluntarily withdraws from the case, the Chairman of the Board shall so advise the Director, who may appoint an individual to act for the member of the Board in the particular case.

H. Change of hearing officer. Not later than 5 days prior to the date set for the hearing, any interested party may file a written request for change of hearing officer. The Appeal Tribunal shall immediately transfer the matter to another hearing officer who shall conduct the hearing. No more than 1 change of hearing officer shall be granted to any 1 party.

I. Representation of interested parties.

1. In proceedings before the Board or a hearing officer, parties may be represented as authorized by Supreme Court rules.

2. An Appeal Tribunal or the Appeals Board may refuse to allow any person who intentionally and repeatedly interferes with the orderly conduct of a proceeding before an Appeal Tribunal or the Board or who fails to comply with the provisions of the Employment Security Law or the rules or orders of the Department to represent an interested party in the proceeding.

J. Fees. To determine the reasonableness of a proposed fee in excess of $750, the Appeal Tribunal or Board shall consider the following factors:.

1. The amount of time devoted to the representation,

2. The difficulty of the case and the novelty or complexity of the issues,

3. The experience of the attorney or agent handling the case,

4. The merits of the claims or defenses presented by the opposing party,

5. Whether the attorney or agent's efforts were superfluous to the results achieved in the case,

6. The results achieved by the agent or attorney, and

7. Any other relevant factors.

K. Written statement. Within 10 days prior to the hearing, an interested party may submit to the Department a written statement setting forth the facts of the case.

L. Hearings. All interested parties shall be ready and present with all witnesses and documents at the time and place specified in the notice of hearing and shall be prepared at such time to dispose of all issues and questions involved in the appeal or petition.

1. Public hearings. All hearings before an Appeal Tribunal or the Appeals Board shall be open to the public, but the hearing officer conducting a hearing may close the hearing to other than interested parties to the extent necessary to protect the interests and rights of the interested parties, within the requirements of A.R.S. §§ 23-722, 38-431.01, and 38-431.03.

2. Stipulations. The parties to an appeal, with the consent of the hearing officer, may stipulate to the facts involved in writing or in open forum and may also waive the hearing. The case may be decided based on such stipulations, or such additional evidence may be required or obtained as necessary to render a fair and complete decision.

3. Record of the hearing. A full and complete record, including properly identified exhibits, shall be kept of all proceedings in connection with an appeal or petition, and such record shall be open for inspection by any interested party. When a transcript of the proceedings is made for the Department's use or for further proceedings, a copy may, upon written request be furnished to interested parties.

4. Oral arguments and briefs. At the conclusion of any hearing, the interested parties shall be granted a reasonable opportunity to present argument on all issues of fact and law to be decided. The hearing officer shall afford interested parties an opportunity either to present oral argument or to file briefs, or both; however, any party not represented as set forth in subsection (I)(1) shall be permitted oral argument. The hearing officer may limit the time of oral argument.

5. Continuances or re-openings. The hearing officer may, on the hearing officer's own motion or at the request of any interested party, upon a showing of good cause, continue the hearing to a future time or reopen a hearing before a decision is issued to take additional evidence.

M. Decision.

1. Contents of the decision. All evidence, including records and documents of the Department which the Tribunal or Appeals Board makes a part of the record of the hearing shall be considered in determination of the case. Pursuant to A.R.S. § 23-674, every decision shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.

2. Mailing to interested parties; notice of appeal rights. A copy of such decision, together with an explanation of appeal rights, shall be personally delivered or sent by either regular 1st class, postage prepaid mail or certified mail to each interested party or the party's representative or attorney of record.

History

  • Former Regulation 20-1; Amended as an emergency effective April 28, 1976 (Supp. 76-2). Former Section R6-3-1502 repealed, new Section R6-3-1502 adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted and amended effective March 11, 1980 (Supp. 80-2). Amended subsections (C) and (J) effective September 23, 1981 (Supp. 81-5). Amended effective September 25, 1991 (Supp. 91-3). Amended effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1503 Proceedings before an Appeal Tribunal

AFiling an appeal. Any interested party to a determination of a Deputy may appeal to an Appeal Tribunal within the time limits listed in A.R.S. § 23-773(B). The appellant may file the appeal personally, or by mail, fax, telephone, or Internet.

1 If the appellant files the appeal personally, by mail, or by fax the appellant or authorized agent shall sign the appeal and file through any public employment office in the United States or Canada, or directly with the Department of Economic Security.

2 If the appellant files the appeal by telephone, the appellant shall use the telephone number listed on the determination.

3 If the appellant files by Internet, the appellant shall use the Internet application maintained for that purpose on the Department's web site.

B. Appeal Tribunal hearings

1 Manner of holding hearings. The Appeal Tribunal shall conduct all hearings in accordance with A.R.S. § 23-674, in a manner that shall ascertain the substantial rights of all the interested parties. The Appeal Tribunal shall require all testimony to be taken under oath or affirmation.

2. Jurisdiction. The Appeal Tribunal's decision and authority is confined solely to issues arising under the Employment Security Law, A.R.S. Title 23, Chapter 4. In every case, the Appeal Tribunal shall render a decision on the issues stated in the notice of hearing. The Appeal Tribunal may also hear and decide any issues not previously considered by the Deputy that arise during the hearing, provided all interested parties waive the right to notice on the issues. If any interested party is surprised by a new issue, and unprepared to proceed, the Appeal Tribunal may continue the hearing, or may remand the matter to the Deputy for consideration and action upon the issue.

3. Failure of a party to appear

a. If an interested party fails to appear at a scheduled hearing, the Appeal Tribunal may:

i. Adjourn the hearing to a later date; or

ii. Proceed to review the evidence of record and other admissible evidence as may be presented at the scheduled hearing, and make a disposition or decision on the merits of the case.

b If the Appeal Tribunal issues a decision adverse to any interested party that failed to appear at a scheduled hearing, that party may file one written request for a hearing to determine whether good cause exists to reopen the hearing. The interested party shall file the request to reopen within 15 calendar days of the mailing date of the decision or disposition, and shall list the reasons for the failure to appear.

c The Appeal Tribunal shall hold a hearing to determine whether there was good cause for the failure to appear, and in the discretion of the hearing officer, to review the merits of the case. Upon a finding of good cause for failure to appear at the scheduled hearing, the Appeal Tribunal shall vacate the disposition or decision on the merits and reschedule the case for hearing under R6-3-1502, unless the hearing on the merits is held concurrently with the good cause hearing.

d A party shall establish good cause warranting reopening of a case upon proof that both the failure to appear and failure to timely notify the hearing officer were either beyond the reasonable control of the nonappearing party or due to excusable neglect.

e. A party may obtain only one good cause hearing for each hearing scheduled on the merits, therefore:

i. If a party does not appear at the scheduled good cause hearing, a party may file a written request for review to determine whether good cause exists for failure to appear at both the good cause hearing and the original hearing on the merits.

ii If the Appeal Tribunal reopens a case upon a finding of good cause, and the party fails to appear at the time and date of the new hearing, the party may file a written request for review to determine whether good cause exists for failure to appear at the new hearing.

f A request for review of an Appeal Tribunal decision shall state the reasons for the party's failure to appear. The party shall attach copies of any documentation supporting the request.

g. The Appeal Tribunal shall review the request and the evidence of record to determine whether there is good cause to reopen the hearing on the issue of good cause or on the merits and shall issue a decision accordingly.

h An interested party may file any request to reopen personally, or by mail, fax, or internet.

h. i Any interested party may appeal, in writing, to the Unemployment Insurance Appeals Board from the decision of a hearing officer that denies reopening for lack of good cause, as defined in subsection (B)(3)(d). The party shall file the appeal within 15 calendar days after mailing or electronic transmission of the decision denying reopening. If the Unemployment Insurance Appeals Board reverses the denial to reopen, the Board shall remand the case to the Appeal Tribunal and the Tribunal shall reschedule the case for hearing on the merits in accordance with R6-3-1502.

j. If an appellant fails to appear or waive appearance, the Appeal Tribunal may enter a default disposition in accordance with R6-3-1502(A)(4) without further right to appeal except as provided in this Section.

j. k Notwithstanding the foregoing provisions, an appellee who fails to appear may appeal to the Appeals Board from an adverse decision on the merits within 15 calendar days after mailing or electronic transmission of the decision is served on the party.

CFinality of Appeal Tribunal decision. Under A.R.S. § 23-671, the decision of the Appeal Tribunal becomes final unless an interested party files a written petition for review within 15 calendar days after mailing or electronic transmission to the interested parties, or the Appeals Board assumes jurisdiction over the matter on its own motion. After a decision of the Appeal Tribunal has become final, the matter shall not be reopened, reconsidered, or reheard, and the decision shall not be changed except to correct clerical errors. Any interested party may file a petition for review personally, or by mail, fax, or Internet.

History

  • Former Regulation 20-2; Amended as an emergency effective April 28, 1976 (Supp. 76-2). Former Section R6-3-1503 repealed, new Section R6-3-1503 adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted and amended effective December 3, 1979 (Supp. 79-6). Amended subsection (B)(3) effective September 11, 1981 (Supp. 81-5). Amended effective December 20, 1995 (Supp. 95-4). Amended by final rulemaking at 6 A.A.R. 3648, effective August 28, 2000 (Supp. 00-3). Amended by final rulemaking at 19 A.A.R. 1793, effective September 7, 2013
Ariz. Admin. Code § R6-3-1504 Review of Appeal Tribunal Decisions

A. Petition for review.

1. Any appeal will be entertained. An interested party to an Appeal Tribunal decision may petition for review of the decision. Petition for review may be based upon one or more of the following grounds:

a. Irregularity on part of presiding officer or other party to proceedings.

b. Abuse of discretion on part of hearing officer whereby petitioner was deprived of a fair hearing.

c. Newly discovered evidence which could not with reasonable diligence have been discovered and produced at time of original hearing.

d. There was error in admission or exclusion of evidence in Tribunal hearing.

e. There was error in law in Tribunal hearing.

f. Other good and sufficient grounds.

The petition shall be in writing and must be filed within 15 calendar days after mailing of the decision. The petition must be signed by the appellant or the appellant's authorized agent. The petition may be filed personally or by mail through any public employment office in the United States or Canada or directly with the Department of Economic Security, Phoenix, Arizona. The Board shall mail copies of such petition to the other interested parties and to the Deputy.

B. Powers of the Board. Upon receipt of a timely petition for review, the Board shall be furnished the complete record of the case, including transcript unless the parties stipulate otherwise. Thereafter the Board may:

1. Affirm, reverse, modify or set aside the decision of the Appeal Tribunal on the basis of the record in the case, or

2. Order the taking of additional evidence, or

3. Issue a disposition in accordance with R6-3-1502(A).

C. Removal or referral to the Board

1. Referral to Board by Appeal Tribunal. In accordance with A.R.S. § 23-671(B), an Appeal Tribunal may refer any case before it or any question involved therein to the Board. Such referral shall be in writing, specifying the reasons therefor and signed by the Appeal Tribunal. The Board shall mail copies of such referral to all interested parties.

a. If the entire case is accepted by the Board, the Board shall be furnished the complete record of the case, including a transcript of any proceedings held. Thereafter, the Board may, after affording the parties reasonable opportunity for a fair hearing:

i. Affirm, reverse, modify or set aside the determination of the Deputy on the basis of the record in the case, or

ii. Order the taking of additional evidence, and decide the case.

b. If a question involved in a case is accepted by the Board, the Board shall be furnished with such information as the Board deems necessary to resolve the question. Thereafter the interested parties and the Appeal Tribunal shall be informed, in writing, of the Board's resolution of the question. Upon resolution of the question, the Appeal Tribunal shall proceed with the case.

2. Removal from Appeal Tribunal by Board. In accordance with A.R.S. § 23-671(D) and (E), the Board may remove to itself any matter before an Appeal Tribunal if the Tribunal decision has not become final. If such action is taken, the Board shall mail written notice of the removal to the interested parties. The Board shall be furnished the complete record of the case, including a transcript of any proceedings held. Thereafter, the Board may:

a. Set aside the decision of the Appeal Tribunal and remand the proceedings to another Appeal Tribunal for review and decision; or

b. Order the taking of additional evidence; or

c. Remove the proceedings to itself for review and decision; or

d. Order the taking of additional evidence, and affirm, reverse, modify or set aside the determination of the Deputy or the decision of the Appeal Tribunal.

History

  • Former Regulation 20-3; Amended as an emergency effective April 30, 1976 (Supp. 76-2). Amended effective August 3, 1978 (Supp. 78-4). Former Section R6-3-1504 repealed, new Section R6-3-1504 adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). New Section R6-3-1504 adopted effective February 7, 1980 (Supp. 80-1). Amended subsection (A) effective September 23, 1980 (Supp. 80-5). Amended effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1505 Appeals Board Proceedings

A. Acting Member. If a Board member is unable, for any reason, to participate in a case or cases, upon request of the Chairperson of the Appeals Board, the Director shall appoint an individual to act for the member.

B. Waiver of Bond on Filing of Appeals. When an appeal is taken against the Department to the Court of Appeals, the Board shall waive filing of the bond, as provided by Rule 10(a) of the Arizona Rules of Civil Appellate Procedure.

History

  • Former Rule 10-3; Amended effective January 3, 1975 (Supp. 75-1). Amended effective December 17, 1975 (Supp. 75-2). Repealed effective August 3, 1978 (Supp. 78-4). New Section R6-3-1505 adopted as an emergency effective August 2, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). New Section R6-3-1505 adopted effective February 7, 1980 (Supp. 80-1). Amended effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-1506 Contribution Cases

A. This rule applies to petitions for review and appeals arising under A.R.S. §§ 23-724, 23-732, 23-733, and 23-750.

B. Petition for hearing or review

1. Any interested party to a reconsidered determination or a denial of application for reconsidered determination or a petition for reassessment may petition the Appeals Board for review. The petition shall be in writing and shall be signed by the appellant or the authorized agent. The petition shall be filed within 15 calendar days after the mailing of the reconsidered determination or denial thereof involving 1 of the following issues:

a. Benefits paid and chargeable to the account (A.R.S. § 23-732);

b. The rate of contributions (A.R.S. § 23-732);

c. Transfer of experience rating account of a distinct and severable portion of an employing unit (A.R.S. § 23-733);

d. Delinquency, deficiency, or jeopardy assessment (A.R.S. §§ 23-738, 23-738.01, and 23-739.

2. The petition must be filed within 30 days (unless the time is extended for good cause) after mailing of the reconsidered determination or denial thereof involving one of the following issues:

a. An employing unit constitutes an employer (A.R.S. § 23-724);

b. A nonprofit or governmental employing unit constitutes a rated or reimbursing employer (A.R.S. § 23-750(B));

c. Services performed for or in connection with the business or the employing unit constitute employment (A.R.S. § 23-724);

d. Remuneration for services constitute wages (A.R.S. § 23-724);

e. The amount of payments in lieu of contributions due from the employing unit (A.R.S. § 23-750(C));

f. Transfer of the entire experience rating account of predecessor employer to successor (A.R.S. § 23-733);

g. Liability of successor employer for predecessor's unpaid contributions (A.R.S. § 23-733).

C. Requirement for hearing or review. A petition for hearing or review shall be denied if the employer fails to comply with the contribution and wage report requirements of A.R.S. § 23-724 within 30 days of service of a reconsidered determination or disposition. The Department may, upon its finding of good cause, extend the 30-day period for filing the required reports. Upon denial of a petition for hearing or review, the prior reconsidered determination or disposition shall become final.

History

  • Former Regulation 20-4; Amended as an emergency effective April 30, 1976 (Supp. 76-2). Correction to subsection (D), paragraph (1) Supp. 76-2 (Supp. 77-6). Former Section R6-3-1506 repealed, new Section R6-3-1506 adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted and amended effective March 21, 1980 (Supp. 80-2). Amended effective April 9, 1981 (Supp. 81-2). Amended effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1507 Appeals from Labor Dispute Determinations

A. This rule applies to appeals from determinations released under A.R.S. § 23-673.

B. Filing of appeal. Any interested party to a determination of a deputy denying or awarding benefits under the provisions of A.R.S. § 23-777 for unemployment due to a labor dispute may file an appeal within 15 calendar days after the determination is mailed to the interested party. The appeal shall be in writing, signed by the appellant or the appellant's authorized agent, and may be filed personally or by mail through any public employment office in the United States or Canada or directly with the Department of Economic Security. Any appeal so filed is removed to the Appeals Board under the provisions of A.R.S. § 23-673(B).

C. Disposition by the Appeals Board

1. Determination based on hearing. If the determination appealed from was based on a fair hearing, the Appeals Board may:

a. Make its decision based on the evidence previously submitted, or

b. Order the taking of additional evidence.

2. Determination based on investigation. If the determination appealed from was based upon investigation without hearing, the Appeals Board shall direct that a hearing be held.

History

  • Adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted and amended effective December 3, 1979 (Supp. 79-6). Amended effective December 20, 1995 (Supp. 95-4).

Article 16 FUNDS

Ariz. Admin. Code § R6-3-1601 Transfers and Warrants

In conformity with sections 23-701, 23-702, 23-703 and 23-704 of the Employment Security Law of Arizona, transfers and refunds of funds from the Unemployment Compensation Fund -- Clearing Account shall be made by warrant issued by the Department only for the following purposes:

A. To transfer monies to the Secretary of the Treasury of the United States to the credit of the account of this state in the Unemployment Trust Fund.

B. To refund monies to employers for overpayments of contributions, interest and penalties collected.

C. To transfer penalties and interest collected from employers to the Special Administration Fund.

D. To transfer lien fees collected from employers to the Administration Fund.

E. To transfer monies erroneously deposited to the clearing account to the proper account or fund.

History

  • Former Regulation 10-7.

Article 17 CONTRIBUTIONS

Ariz. Admin. Code § R6-3-1701 Identification of Workers Covered by Employment Security Law of Arizona

A. An employer shall ascertain the Social Security account number of each worker in employment with the employer.

B. The employer shall report the worker's Social Security account number in making any report required by the Department in the administration of the Employment Security Law with respect to a worker.

C. If an employer has a worker engaged in employment who does not have a Social Security number, the employer shall ask the worker to show a receipt issued by an office of the Social Security Administration acknowledging that the worker has filed an application for an account number. The receipt shall be retained by the worker. In making any report required by the Department with respect to such a worker, the employer shall report the date of issue of the receipt, its termination date, the address of the issuing office, and the name and address of the worker exactly as shown in the receipt.

History

  • Former Regulation 10-1. Amended effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1702 Maintenance and Inspection of Records

A. Each employing unit, as defined in A.R.S. § 23-614, including any employing unit which considers that it is not an employer subject to the Act or that services performed for it constitute exempt employment or do not constitute employment, shall establish and preserve true and accurate records of all disbursements made in cash, by check, or in any other medium. Such records shall contain the date of disbursement, the amount, or a clear identity of the form of remuneration if in any medium other than cash, the name of the payee and the purpose for the disbursement. Examples of records which shall be made available for audit, inspection or copying, as provided by subsections (C) and (E) of this regulation, include, but are not limited to, the following:

1. Check stubs and cancelled checks for all payments.

2. Cash receipts and disbursement records.

3. Payroll journal.

4. Purchase journal.

5. General journal.

6. General ledger.

7. Payroll tax reports for all federal and state agencies.

8. Individual earnings records.

B. Each employing unit shall establish and preserve records with respect to services performed for it which shall contain the following:

1. For each pay period:

a. The beginning and ending dates of such period.

b. The total amount of remuneration whether in cash, by check or in any other medium paid in such pay period and the date of such payment.

c. The dates in each calendar week on which there were the largest number of workers in employment and the number of such workers.

2. For each worker:

a. Full name.

b. Social Security account number.

c. Date on which the individual was hired, rehired, or returned to work after temporary layoff.

d. Date of and reason for separation from work.

e. Amount of remuneration whether in cash, by check, or in any other medium paid in each calendar quarter.

f. The place in which the services are performed. For the purpose of this record, the place where the services are performed shall be reported as the city or town in which the services are performed in Arizona, or the county in which the services are performed in Arizona, if outside such a city. If the services are performed in more than one such city, town, or county in Arizona, the place where the services are performed shall be reported as the city, town, or county in Arizona in which the base of operation is located. If the services are performed both within and without Arizona, the place where the services are performed shall be reported as the city, town, or county in Arizona in which the base of operations is located; or if the base of operations is not located in Arizona, as the city, town, or county in Arizona from which the services are directed or controlled; or if the place from which the services are directed or controlled is also outside Arizona, as the city, town, or county in Arizona where the individual resides.

g. The remuneration paid for each period showing separately:

i. Money wages, excluding special payments.

ii. Reasonable cash value, as determined by the Department, of the remuneration paid by the employing unit in any medium other than cash, but in no event shall such determined value be in an amount less than that provided by Department regulation where so provided, excluding special payments in a medium other than cash.

iii. Special payments which are not due on any pay day, including annual bonuses, gifts, and prizes. Value of special payments other than cash shall be determined as set forth in (ii) above.

3. In order for a determination of an employer's liability to be made, the employer's records are required to contain the information required in subparagraph (B)(1)(c) of this regulation. If the employer's records do not contain this information, it shall be presumed that all of the individuals performing services in the pay period performed services for some portion of the same day which is the day in which the largest number of individuals performed services in each week of the pay period.

C. The records required to be preserved in subsections (A) and (B) of this regulation shall be preserved for a period of not less than 4 full calendar years. Such records together with all other business records which, as determined by the Department, are reasonably necessary to verify the entries in such records or for a proper determination of coverage or tax liability or benefit eligibility shall be made available for audit, inspection or copying by the Department at any reasonable time and as often as may be necessary.

D. An employing unit shall no longer be required to preserve the records specified in subsections (A) and (B) with regard to all or certain individuals, services and remuneration after being notified in writing by the Department that those records are no longer required. Such notice from the Department shall be given only after the Department determines that the individuals, services and remuneration are not subject to the Act.

E. Any employing unit that does not maintain records in this state that contain the information prescribed in this regulation pertaining to services performed for it in this state shall, upon the request of a representative of the Department, make such information available to the Department at a location specified by the Department without reasonable delay.

History

  • Former Regulation 40-1; Amended effective June 2, 1980 (Supp. 80-3). Amended effective November 18, 1981 (Supp. 81-6).
Ariz. Admin. Code § R6-3-1703 Employer Reports

A. General. Each employing unit shall fully and clearly report to the Department any information required in a manner designated by the Department. Unless otherwise specified, the information shall be returned within 10 days after the date of mailing of a request required to be returned to the Department.

B. Quarterly Contribution and Wage Reports

1. Except as provided in paragraph (3) of this subsection, each employer as defined in A.R.S. § 23-613 shall file with the Department a completed Contribution and Wage Report within the time prescribed in A.C.R.R. R6-3-1704 . The information required shall include, but is not limited to:

a. Total number of employees each month of the quarter on all types of payrolls for the payroll period which includes the 12th of each month in the quarter;

b. Total wages paid in the quarter;

c. Total wages paid in the quarter which are in excess of the first $7,000 paid to each employee within any calendar year which begins after December 31, 1982; and for quarters prior to January 1, 1983, total wages paid in the quarter which are in excess of the first $6,000 paid to each individual employee within the calendar year;

d. Total taxable wages paid in the quarter;

e. A listing of employees which includes each employee's name, social security number, and total gross wages paid that employee in the quarter.

2. Failure to receive a quarterly Contribution and Wage Report form shall not relieve the employer of the responsibility for filing the report.

3. Request for suspension of quarterly filing requirements. An employer who continues operations but has discontinued paying wages to employees and does not expect to pay wages in the near future may request in writing that the Department suspend quarterly filing requirements. The request shall include the date on which the employer ceased paying wages. When the employer's request for suspension is approved, the employer will not be required to file quarterly Contribution and Wage Reports or pay contributions until the next regular reporting date after wages to employees are again paid, and the absence of such quarterly reports or contributions shall not make such employer delinquent upon the records of the Department.

C. Report of changes. Each employer as defined in A.R.S. § 23-613 shall promptly notify the Department in writing of any change in its business operations. Changes include: the acquisition or disposal of all or any part of the business operations or assets; a change in business name or address; bankruptcy or receivership; or any other change pertaining to the operation or ownership of the business operations. The notification shall include the date of change, and the name, address, and telephone number of the person, firm, corporation or official placed in charge of the organization, trade or assets of the business.

History

  • Former Regulation 40-2; Amended effective January 10, 1977 (Supp. 77-1). Correction, subsection (B), paragraph (1) (Supp. 81-6). Former Section R6-3-1703 repealed, new Section R6-3-1703 adopted effective October 24, 1983 (Supp. 83-5).
Ariz. Admin. Code § R6-3-1704 Due Date of Quarterly Reports, Contributions, and Payments in Lieu of Contributions

A. Received date. If any due date prescribed in this regulation falls on a Saturday or Sunday, or a legal holiday, the due date shall be the next following business day. Quarterly reports, contributions, and payments in lieu of contributions, if mailed, shall be considered as received on the date shown on the postmark of the envelope in which they are received by the Department.

B. Regular due date. Each employing unit which is a covered employer subject to Title 23, Chapter 4, A.R.S., shall file with the Department quarterly reports on or before the due date; any employer failing to file a quarterly report when due is delinquent. Except as otherwise provided in this regulation, quarterly contribution and wage reports are due and contributions are due and payable on or before the last day of the month following the close of each calendar quarter in which the wages were paid, except that the contributions with respect to wages which are constructively paid shall be payable for the quarter in which such wages are constructively paid as provided by regulation R6-3-1705 . Payments in lieu of contributions are due and payable on or before the last day of the second month following the close of each calendar quarter in which benefit claims are paid. Quarterly notification of the amount of payments in lieu of contributions due from an employer shall be mailed to his last known address following the end of each calendar quarter.

C. Due date for new employer. Quarterly contribution and wage reports due from an employer for the first time by reason of said employer's becoming subject during a current calendar year shall be deemed due on all wages paid by said employer for the preceding portion of that year on the last day of the month following the calendar quarter during which said employer became subject to Title 23, Chapter 4, A.R.S. Contributions due from such an employer who is liable for contributions shall be deemed due and payable on all wages paid by said employer for the preceding portion of that year on the same day as his quarterly contribution and wage reports for such period are due.

D. Delinquent date, and penalty, and interest. A quarterly report or contributions payment or payment in lieu of contributions which is not received on or before the due date is delinquent.

1. An employer who fails to file on or before the due date a contribution and wage report shall pay to the Department for each such delinquent report, subject to waiver for good cause shown, a penalty as prescribed in A.R.S. § 23- 723(A).

No penalty shall apply to delinquent reports when the employer proves to the satisfaction of the Department that no wages were paid and no contributions were due.

2. An employer who has not paid contributions or payments in lieu of contributions on or before the due date shall pay interest on the whole or part thereof remaining unpaid at the rate of 1% per month, or fraction thereof, from and after the due date until payment is received by the Department unless good cause is shown why such interest shall be waived.

E. Due date upon demand. If the Department finds that the collection of any contribution or payment in lieu of contributions will be jeopardized by delaying the collection thereof until the date otherwise prescribed, upon written demand by the Department such contribution or payment in lieu of contributions shall become immediately payable, and if not submitted within 10 days after such demand shall become delinquent.

F. Extension of time for submission of reports

When an employer files a written request for an extension of time for filing any quarterly contribution and wage report before the due date for the report, the Department may grant, in writing, an extension for filing such report and paying the contributions due thereon if good cause is shown for the employer being unable to file the report by the due date. No extension shall postpone the due date for more than 30 days nor shall any extension be granted solely to defer the payment of contributions.

2. Subject to waiver for good cause shown, an employer who has been granted an extension and who fails to file the report and to pay his contributions on or before the termination of the period of such extension, shall be assessed the penalty for late filing and interest shall be due and payable from the original due date as if no extension had been granted.

History

  • Former Regulation 40-3; Amended effective January 3, 1975 (Supp. 75-1). Amended as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted effective October 30, 1979 (Supp. 79-5). Amended effective November 18, 1981 (Supp. 81-6).
Ariz. Admin. Code § R6-3-1705 Wages

A. "Wages paid" includes both wages actually received by the worker and wages constructively paid. Wages are constructively paid when they are credited to the account of or set apart for an employee so that they may be drawn upon by him at any time although not then actually received. To constitute payment in such cases the wages must be credited or set apart to the employee without any substantial limitation or restriction as to the time or manner of payment or condition upon which payment is to be made, and must be made available to him so that they may be drawn at any time, and their payment brought within his own control and disposition.

B. The name by which the remuneration for employment, or potential employment as provided in subsection (E) of this rule, is designated or the basis on which the remuneration is paid is immaterial. It may be paid in cash or in a medium other than cash, on the basis of piece work or percentage of profits, or it may be paid on an hourly, daily, weekly, monthly, annual or other basis. The remuneration may also be paid on the basis of an estimated or agreed upon amount in order to resolve an issue arising out of an employment or potential employment relationship. Remuneration paid in goods or services shall be computed on the basis of the reasonable cash value of the goods or services at the time of payment.

C. When an employer succeeds to the business or a part of the business of a predecessor employer, wages for employment covered by A.R.S. Title 23, Chapter 4, paid to an individual by the predecessor and reported to the Department shall be used in determining the wages subject to contributions paid to such individual for continued employment by the successor employer.

D. The provisions of subsection (C) of this rule do not apply to an employer for any calendar year for which the employer is liable for payments in lieu of contributions.

E. Wages include payments made to an individual by an employer arising out of an actual or potential employment relationship. Such payments include:

1. An award of unpaid minimum wages or overtime compensation under the Fair Labor Standards Act.

2. An order of the National Labor Relations Board to compensate for the loss of pay.

3. An order of any federal or state agency on account of real or alleged discrimination in hiring, promotion, salary administration or termination in violation of law.

4. A decision of a court or an arbitrator in a dispute over an actual or alleged breach of contract pertaining to wages, hours of work or other conditions of employment.

5. A private agreement between the parties in settlement of any of the above situations in lieu of an award, order or decision.

6. Any other payments made on account of the employment relationship, except those listed in subsection (F) of this rule.

F. Wages do not include:

1. Payments by an employer made to an individual which are identified in an award, order, decision or agreement as exemplary damages or medical expenses.

2. Payment by employers made to a plan exempt under section 501(c)(17) of the Internal Revenue Code of 1986 for the payment of supplemental unemployment benefits.

History

  • Former Regulation 40-4; Amended effective January 10, 1977 (Supp. 77-1). Amended effective November 4, 1980 (Supp. 80-4). Amended subsections (B) through (F) effective April 30, 1982 (Supp. 82-2). Correction, subsection (D), deleted reference to subsection (F) of this regulation (Supp. 83-3). Former Section R6-3-1705 repealed, new Section R6-3-1705 adopted effective March 16, 1988 (Supp. 88-1).
Ariz. Admin. Code § R6-3-1706 Combining Included and Excluded Services

Section 23-615 of the Employment Security Law of Arizona provides that: "`Employment' means any service of whatever nature performed by an employee for the person employing him, . . ."

In conformity with this section, the Department of Economic Security prescribes:

A. If 1/2 or more of the services performed during any period by an employee for the person employing him constitutes employment, all of the services of such employee for such period shall be deemed to be employment, but if more than 1/2 of the services performed during any such pay period by an employee for the person employing him does not constitute employment, then none of the services of such employee for such period shall be deemed to be employment.

B. As used in this regulation the term "pay period" means a period of not more than 31 consecutive days for which payment of remuneration is ordinarily made to the employee by the person employing him.

History

  • Former Regulation 40-5.
Ariz. Admin. Code § R6-3-1707 [REPEALED]

History

  • Former Rule 10-3; Amended effective January 3, 1975 (Supp. 75-1). Repealed effective August 3, 1978 (Supp. 78-4).
Ariz. Admin. Code § R6-3-1708 Employer Charges

A. In conformity with A.R.S. §§ 23-727, 23-773, and 23-777, the Department of Economic Security prescribes:

B. When the Department establishes a benefit overpayment, the Department shall proportionately credit the amount of the overpayment to the experience rating accounts of the claimant's base-period employers, who are being charged as of the calendar quarter the overpayment is established.

C. When the Department transfers wage credits to another state for use in establishing a claim, the Department shall:

1. Not charge an experience rating account for any benefits paid when the transferred wage credits are insufficient to establish a claim in this state; or

2. Determine chargeability of the experience rating account as prescribed in A.R.S. § 23-727(D) when the wage credits are sufficient to establish a claim, except, if the account is charged, total charges shall not exceed the maximum amount payable by this state; or

3. Not relieve a reimbursement employer of payments in lieu of contributions, including charges exceeding the maximum amount payable by this state.

D. Except as otherwise provided by A.R.S. § 23-727(E) and A.A.C. R6-3-1708(E), once the Department noncharges the experience rating account of an employer for benefits paid during the benefit year, the account remains noncharged for the duration of the benefit year. If the employer reemploys the claimant during the benefit year, the circumstances of the reemployment separation determine chargeability of the employer's account for any benefits paid during a benefit year beginning after the reemployment separation.

E. As required by A.R.S. § 23-777(C):

1. The Department shall end the noncharge to the experience rating account of a base-period employer of a worker who is unemployed due to a labor dispute and shall determine the employer's chargeability for benefits in accordance with A.R.S. § 23-727 in the following circumstances:

a. The labor dispute ended and the worker returned to work or refused an offer of work with the employer involved in the labor dispute; or

b. The dispute is ongoing and the worker:

i. Had bona fide intervening employment that meets the provisions of R6-3-5604(C) and is no longer unemployed due to the labor dispute, or

ii. Was permanently replaced by the labor dispute employer.

2. When a worker remains unemployed after a labor dispute ends, the Department shall continue to noncharge the experience rating account of the worker's base-period employer if the labor-dispute employer presents evidence, within 10 days of the Department's request, that the employer has a continuing employer-employee relationship with the worker. Evidence establishing the relationship may include:

a. Placement of the worker's name on the recall list;

b. Continuation of the worker's benefits, including insurance, profit sharing, vacation, and sick leave; and

c. Retention of the worker's seniority rights.

3. When the worker's continued unemployment ceases to be a result of the labor dispute, the Department shall redetermine the employer's chargeability for benefits paid to the worker as prescribed in A.R.S. § 23-727.

F. For the purpose of applying A.R.S. § 23-727(F):

1. A retirement pay plan is a plan provided by either a nongovernmental individual employer or group of employers in a collective retirement plan, and

A collective retirement plan is a group of employers and workers in an industry that pay into 1 fund for the workers' retirement.

History

  • Former Regulation 30-9; Amended effective March 26, 1979 (Supp. 79-2). Section repealed; new Section adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-1709 Part-time Employment - Employer Responsibilities

A. As used in A.R.S. § 23-727(E) and A.A.C. R6-3-1708(E), the phrase "to the same extent," means:

When applied to an employee who is not paid by commissions, that the weekly wages earned in part-time employment during the weeks of a calendar quarter in which benefits are claimed are not less than 90% of the weekly wages earned in part-time employment during the last calendar quarter of the base period; and

2. When applied to an employee paid on a commission basis, that:

a. The employer-employee relationship has not terminated; and

b. The employment opportunity the employer has made available to the employee, during the calendar quarter in which the employee is claiming benefits, is no less than the opportunity made available during the last calendar quarter of the base period.

B. The Department may require an employer to submit proof that the employer is offering employment to the same extent, by sending the employer a written request for such information.

C. Within 10 work days of the mailing date of the request, the employer shall send the Department:

1. A week-by-week record of wages the employee has earned for part-time employment during the last 13 weeks of the base period; or

2. A written certification that the employer-employee relationship of an employee paid on a commission basis has not terminated and that the employer continues to provide such employee with an employment opportunity which is no less than the employer provided during the last quarter of the base period.

History

  • Former Regulation 30-12. Amended effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1710 Notification and Review of Charges to Experience Rating Accounts

Section 23-727 of the Employment Security Law of Arizona requires the Department to maintain an account for each employer and to make appropriate charges and credits to the account. Section 23-732 of the Employment Security Law of Arizona provides for annual notice to the employer of his contribution rate, the procedure for review or redetermination, and for quarterly notification of benefits charged.

In conformity with the above sections, the Department of Economic Security prescribes:

A. Quarterly notification to an employer of benefits charged to his account shall be mailed to his last known address following the end of each calendar quarter. The notification shall set forth the name, social security account number, and the amount charged for each individual whose benefits are charged against the employer's account. The charges set forth in the notification shall become conclusive and binding upon the employer for all purposes unless within 15 days after notification was mailed to him the employer files an application for redetermination.

B. If written request for redetermination of the charging of benefits to an employer's account is filed and is timely, the Department shall grant such request if the notice of benefit charges:

1. Includes an error in the amount or in the identity of the claimant or the employer; or

2. Includes charges for any benefits which are not chargeable under the provisions of regulation R6-3-1708 and the Department failed to give any required notification to the employer of the claim filing, determination, or decision on which the charges are based.

History

  • Former Regulation 40-8; Amended as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted effective October 30, 1979 (Supp. 79-5).
Ariz. Admin. Code § R6-3-1711 Computation of Experience Rates

A. An employer whose account has been chargeable for benefits throughout the twelve month period immediately preceding the July 1 computation date shall receive a computed rate for the following calendar year as prescribed in A.R.S. § 23-730.

B. The term chargeable means that an employer has been subject to potential charges resulting from benefit payments that could have been made if claims were filed. For purposes of establishing the rate for new accounts, the date upon which an employer's account becomes chargeable for benefit payments is either the first day of the second quarter following the end of the first quarter of wage payments after coverage began, or on the first day of the calendar quarter after the quarter in which the employer became liable under A.R.S. § 23-613, whichever is later.

C. The amount of contributions used to compute an employer's reserve ratio includes all contributions paid on or before July 31 or the next business day if July 31 falls on a Saturday, Sunday, or a legal holiday. Contributions shall not include payments of interest or penalties, or payments of contributions paid on or before July 31 and subsequently refunded on or before October 31.

D. The amount of benefit charges to compute an employer's reserve ratio includes the employer's share of the amount of all checks issued on or before June 30 for the payment of benefit claims determined chargeable against the employer's account. Credits resulting from erroneous payment of benefits shall be reflected in the quarter in which the error was established pursuant to A.C.R.R. R6-3-1708(B).

E. Average annual payroll used to compute an employer's reserve ratio includes the average of the taxable wages reported on or before the following October 31, or estimates and assessments made for the required quarterly reports through the period ending June 30.

F. Estimates of taxable payroll as provided in A.R.S. § 23-731 for any quarter in which a required report has not been filed shall be based on the best information available to the Department or the highest amount of taxable payroll reported on the last three quarterly reports submitted immediately preceding the delinquent quarter(s). However, when no reports have been filed or when the reports submitted reflect no wages paid, the estimate(s) shall be based on the average of taxable wages for all experience rated employers for the prior fiscal year.

G. Notwithstanding subsections (A) and (B), an employer who succeeds to or acquires a business or a distinct and severable portion of a business between July 1 and December 31 of a calendar year, shall have the experience rating account of the predecessor used in computing its rate for the following calendar year if either the predecessor or successor informs the Department of the acquisition prior to the date its rate becomes final for the calendar year following the year of acquisition. If only a portion of the business was acquired, the provisions of A.R.S. § 23-733(B) and A.C.R.R. R6-3-1713(D) must also be met.

History

  • Former Regulation 40-7; Former Section R6-3-1711 repealed, new Section R6-3-1711 adopted effective October 24, 1983 (Supp. 83-5). Correction, subsection (G), reference to A.C.R.R. R6-3-1713(B) should read A.C.R.R. R6-3-1713(D) (Supp. 84-2).
Ariz. Admin. Code § R6-3-1712 Joint, Multiple, and Combined Employer Experience Rating Accounts

A. Joint experience rating accounts

1. Joint experience rating account means a combined experience rating account established for 2 or more employers owned or controlled directly or indirectly by the same interests.

2. Employers may request establishment of a joint experience rating account by sending the Department a written request before March 1 of the calendar year for which the joint experience rating account is sought. The request shall identify all employers to be included as members in the joint experience rating account and provide documentation that the members are owned or controlled directly or indirectly by the same interests.

3. The Department shall approve a request for a joint experience rating account when:

a. The request is received before March 1 of the calendar year for which the joint experience rating account is sought;

b. Each member identified in the request is owned or controlled directly or indirectly by the same interests; and

c. The experience rating account of each member has been chargeable with benefits throughout the 12 consecutive calendar months ending on June 30 of the year preceding the calendar year for which the joint experience rating account is requested.

4. The average annual payroll for a joint experience rating account shall be the sum of the average annual payrolls of the members of such account.

5. A member of a joint experience rating account may withdraw from a joint account as of January 1 of any year after participating in the joint account for at least 2 calendar years. To withdraw, the member shall file a written request for withdrawal before March 1 of the calendar year for which the withdrawal is sought. Upon approval of the withdrawal:

a. The Department shall give the withdrawing member the member's portion of the joint experience rating account and a contribution rate computed on the member's separate experience, and

b. The Department shall give the remaining members a contribution rate computed on the experience of the remaining members.

The Department shall remove a member from a joint experience rating account when the Department determines that common ownership or control has ceased to exist between 2 or more members of a joint account:

a. The Department shall give the removed member, as of the date of the change of common ownership or control, a separate experience rating account and a contribution rate computed on the removed member's portion of the joint experience rating account;

b. The remaining members shall:

i. Retain the contribution rate of the joint experience rating account for the remainder of the calendar year in which the change occurred; and

ii. Receive a contribution rate for the following calendar year computed on the basis of the experience of the remaining members.

B. Multiple experience rating accounts.

1. Multiple experience rating account means an experience rating account established for an employer which permits separate employer account numbers and quarterly reports for separately identified operations of the employer.

2. The Department may approve a request for a multiple experience rating account effective with the year in which the employer submits a written application for such account.

3. The notices of benefit charges sent to the employer shall identify charges to each operation, but the contribution rate for the employer shall be a single rate based on the combined experience of all operations.

4. Upon written request of the employer, the Department shall close 1 or more separate accounts in a multiple experience rating account and transfer the experience to a remaining account of the employer as of the beginning of the calendar year of the written request.

5. When an operation which is a part of a multiple account is sold or transferred, the Department shall transfer the experience rating reserve if the provisions of A.R.S. § 23-733 and A.A.C. R6-3-1713 are met.

C. Combined experience rating accounts

1. Combines experience rating account means an experience rating account established for an employer which requires separate employer account numbers, quarterly reports, and charge notices for separately identified operations that meet more than 1 of the coverage provisions described below, except that a combined account will not be established for agricultural employers if the employees covered under general coverage are in the agricultural industry. The contribution rate for the employer is a single rate based on the combined experience of all operations.

a. General coverage means coverage on the basis of employment of 1 or more individuals for 20 weeks in a calendar year, payment of $1500 or more wages in a calendar quarter, successorship, common ownership or control, voluntary election, or coverage under the Federal Unemployment Tax Act.

b. Agricultural coverage means coverage on the basis of employment of 10 or more individuals in agricultural labor for 20 weeks in a calendar year or payment of cash wages of $20,000 or more in a calendar quarter, voluntary election, successorship, or coverage under the Federal Unemployment Tax Act.

c. Domestic coverage means coverage on the basis of payment of cash wages of $1000 or more in a calendar quarter for domestic service, voluntary election, successorship, or coverage under the Federal Unemployment Tax Act.

2. The Department shall establish a combined experience rating account only on its own initiative for the reasons set forth in this Article.

3. The Department shall not permit the members to voluntarily withdraw from a combined account.

4. The Department shall remove a member of a combined account when a change of ownership occurs as provided in R6-3-1713 and A.R.S. § 23-733.

5. If the operation of a member of a combined experience rating account qualifies for termination under the provisions of A.R.S. § 23-725, the Department shall terminate the experience of the member's account and assign a rate for the combined experience rating account of the remaining members for the next calendar year, based on the remaining members' own experience.

History

  • Former Regulation 40-9; Amended effective March 28, 1978 (Supp. 78-2). Amended by deleting language prior to subsection (A) and amending subsection (A), paragraph (2) (Supp. 80-4). Correction, Historical Note for Supp. 80-4 should read effective July 9, 1980 (Supp. 80-6). Amended effective February 7, 1984 (Supp. 84-1). Amended effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1713 Business Transfers

A. General

1. The manner in which an organization, trade or business is acquired or succeeded to is not determinative of successor status. A business may be acquired or succeeded to "in any manner" which includes, but is not limited to, acquisition by purchase, lease, repossession, bankruptcy proceedings, default, or through the transfer of a third party.

2. An "organization, trade or business" as used in A.R.S. §§ 23-613 and 23-733(A) through (D) is acquired if the factors of an employer's organization, trade or business succeeded to are sufficient to constitute an entire existing operating business unit as distinguished from the acquisition of merely dry assets from which a new business may be built. The question of whether an organization, trade or business is acquired is determined from all the factors of the particular case. Among the factors to be considered are:

a. The place of business

b. The trade name

c. The staff of employees

d. The customers

e. The goodwill

f. The inventory

g. The accounts receivable/accounts payable

h. The tools and fixtures

i. Other assets.

3. For the purpose of determining successorship status under A.R.S. §§ 23-613(A)(3) and 23-733(A) or (B), an individual or employing unit who in any manner acquires or succeeds to all or a part of an organization, trade or business from an employer as defined in A.R.S. § 23-613 shall be deemed the successor employer provided the organization, trade or business is continued. Continuation of the organization, trade or business shall be presumed if the normal business activity was not interrupted for more than 30 days before or after the date of transfer. However, the interruption of business activity of a seasonal enterprise during its off season shall not be considered an interruption of normal business activity.

B. Special provisions

1. An individual or employing unit shall be determined a successor under the provisions of A.R.S. § 23-733(A) and receive the experience rating account of the predecessor when the organization, trade or business acquired or succeeded to constitutes all of the predecessor's employment generating enterprise upon which the experience rating account was primarily established without regard to those factors retained by the predecessor which represent:

a. Exempt employment; or

b. Employment necessary for the liquidation of the trade or business; or

c. Employment arising from the activities establishing another trade or business; or

d. Employment as a result of an organization, trade or business succeeded to or acquired within two calendar days of the date of transfer of the enterprise upon which the experience rating account is based.

When the members of a partnership are changed, the new partnership will be treated as the same employing unit if more than 50% of the ownership existing prior to the change is retained. However, when a partnership dissolves and each partner takes a separately identifiable portion of the business which by itself would be an employer as provided in A.R.S. § 23-613, the reserve shall be proportionately transferred to each former partner provided the requirements of A.R.S. § 23-733(B) are met.

3. An individual or employing unit who acquires or succeeds to the organization, trade or business for which a separate account in a combined experience rating account is required under the provisions of R6-3-1301(C) shall receive the entire experience rating account for the operation transferred except that the experience attributable to domestic employment shall not be transferred.

C. Transfer of entire business

1. When the Department determines that an individual or employing unit is a successor and shall inherit the experience rating account of the predecessor as provided in A.R.S. § 23-733(A), the determination shall be subject to the same provisions as determinations made in accordance with A.R.S. § 23-724.

2. When the experience rating account is transferred to the successor, the successor's account shall be charged with benefits determined chargeable as a result of the employment in the organization, trade or business acquired, and the successor's contribution rate shall be determined in accordance with A.R.S. § 23-733(C) for the calendar year beginning on the date of acquisition.

D. Transfer of severable portion

1. The successor to a part of an organization, trade or business shall be determined a successor employer as defined in A.R.S. § 23-613(A) and subsections (A) and (B) above provided the portion acquired either during the calendar year in which the acquisition occurred or in the preceding calendar year had sufficient employment or wage history as specified in A.R.S. § 23-613 to be an employer without the remaining portion(s).

2. Application and required information

a. The reserve account of a distinct and severable portion of an organization, trade or business shall be transferred to an employing unit which has acquired such portion only if the successor employing unit:

i. Files with the Department a written application, approved in writing by the predecessor, within 180 days after the date of acquisition, unless the time is extended for good cause shown; and

ii. Submits necessary information establishing the separate identity of the account within 30 days after the Department's request is mailed to it unless the time is extended for good cause shown; and

iii. Continues to operate the acquired portion of the business.

b. "Necessary information establishing the separate identity of the account" includes but is not limited to:

i. Written agreement to the transfer by the predecessor; and

ii. The date the portion of the business was acquired; and

iii. The date employees were first hired for both the retained and transferred portions of the predecessor's business; and

iv. The amount of quarterly taxable wages attributable to each of the retained and transferred portions beginning with the 12th calendar quarter preceding the date of acquisition or beginning with the date employees were first hired if a portion of the business existed for less than 12 calendar quarters.

3. Portion of reserve and payrolls transferred. When the requirements for transfer have been met, there shall be transferred to the successor's account as of the date of acquisition a percentage of the predecessor's experience rating account. The percentage is arrived at by dividing the taxable payroll of the transferred portion by the predecessor's taxable payroll for the period beginning with the first day of the 12th calendar quarter preceding the quarter of the transfer, or the date employees were first hired for any portion of the business if subsequent to the first day of the 12th calendar quarter.

4. Benefit charges. After the date of the transfer, benefits paid to the predecessor's former employees, based on wages paid prior to the transfer date, shall be charged to both the predecessor's and successor's experience rating accounts in the same proportion as the percentage of the predecessor's experience rating account allocated to each at the date of transfer.

E. Liability for predecessor's debt

1. Notwithstanding subsections (A) and (B) above, when an individual or employing unit in any manner succeeds to or acquires the organization, trade or business, or substantially all of the assets of an employer as defined in A.R.S. § 23-613, the successor shall be equally liable along with the predecessor for the contributions, interest and penalties due or accrued and unpaid by the predecessor as provided in A.R.S. § 23-733(D).

2. When the Department determines an individual or employing unit is equally liable for the unpaid contributions, interest and penalties of another as provided in A.R.S. § 23-733(D), the determination shall be subject to the same provisions as determinations made in accordance with A.R.S. § 23-724. The Department shall furnish the successor with a written statement of the amount of contributions, interest, and penalties due and unpaid by the predecessor unless the liability is waived under the provisions of A.R.S. § 23-733(D).

3. "Reasonable value" as used in A.R.S. § 23-733(D) means the price that would be arrived at in good faith negotiations between a knowledgeable and willing buyer and a knowledgeable and willing seller.

4. Waiver of the successor's liability for the predecessor's debt as provided in A.R.S. § 23-733(D) shall not be granted when any ownership interest of the predecessor's business is found present in the ownership of the successor or when there is a reasonable basis for the successor to believe that there may be amounts due or accrued and unpaid by the predecessor employer.

History

  • Former Regulation 40-10; Amended as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted effective October 30, 1979 (Supp. 79-5). Former Section R6-3-1713 repealed, new Section R6-3-1713 adopted effective December 2, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-3-1714 [REPEALED]

History

  • Former Regulation 40-11; Repealed effective August 23, 1984 (Supp. 84-4).
Ariz. Admin. Code § R6-3-1715 Computation of Adjusted Contribution Rates

A. The fund means the Unemployment Compensation Trust Fund which shall include:

1. Funds which have been credited to the Trust Fund by the United States Treasury under the Employment Security Administrative Financing Act of 1954 (Reed Bill) on or before July 31 and which have not been appropriated by the Legislature.

2. The amount of contribution collections from experience rated employers consisting of all amounts deposited in the bank on or before July 31 for calendar quarters ending the preceding June 30.

3. The amount of contribution collections from experience rated employers deposited in the bank after July 31 which were received or postmarked on or before July 31 and which apply to calendar quarters ending the preceding June 30, but shall not include the amount of contribution credit balances (accounts payable) not refunded to the employer for calendar quarters ending the preceding June 30 or not used by the employer on or before July 31 for the payment of contributions, interest or penalty due.

4. The amount of payments in lieu of contributions consisting of all amounts deposited in the bank on or before August 31 for reimbursing benefits paid in calendar quarters ending the preceding June 30.

The amount of payments in lieu of contributions deposited in the bank after August 31 which were received or postmarked on or before August 31 and which apply to calendar quarters ending the preceding June 30, but shall not include the amount of contribution credit balances (accounts payable) not refunded to the employer for calendar quarters ending the preceding June 30 or not used by the employer on or before August 31 for the reimbursement of benefits paid, interest or penalty due.

6. The amount on deposit with the State Treasurer and/or the bank for payment of unemployment compensation benefits, for which benefit checks have not been issued on or before July 31.

7. The interest earned on monies in the fund during the twelve-month period immediately preceding the computation date and credited to the fund by the United States Treasury on or before October 31 following the computation date.

B. Total taxable payrolls of all employers during the twelve-month period immediately preceding the July 1 computation date shall be used in computing adjusted contribution rates for the next calendar year. If an employer's entire taxable payroll for the twelve-month period ending June 30 is reported on or before the following October 31, the reported payroll shall be used. If an employer's entire taxable payroll for the twelve-month period ending June 30 is not reported on or before the following October 31, the estimate made in accordance with A.R.S. § 23-731 and R6-3-1711(F) shall be used.

C. Total taxable payrolls for the preceding twelve-month period ending June 30 of employers whose accounts are inactive on October 31 of the year preceding the calendar year for which the adjusted rates are applicable shall be included with total taxable payrolls in the new employer rate group of two and seven-tenths percent.

D. Method of computation:

1. Compute the fund ratio by dividing the total assets of the fund by the total taxable payrolls.

2. Determine the required income rate using the table contained in A.R.S. § 23-730(3).

3. Compute the estimated net required tax yield by multiplying the total taxable payrolls by the required income rate and subtracting the interest earned as defined by A.R.S. § 23-730(3).

4. Compute the estimated yield from unadjusted contribution rates by:

a. Multiplying the taxable payrolls for employers ineligible for a reserve ratio by the new employer contribution rate of 2.7 percent.

b. Multiplying the taxable payrolls for inactive employers by the new employer contribution rate of 2.7 percent.

c. For all other employers, multiplying the unadjusted contribution rate for each reserve ratio defined in A.R.S. §§ 23-730(1) and 23-730(2) by the taxable payrolls for all employers having that reserve ratio.

d. Summing the results of steps (4)(a), (4)(b), and (4)(c)

5. Compute the unadjustable yield by:

a. Summing the estimated yields for employers ineligible for a reserve ratio and inactive employers.

b. If the estimated yield exceeds the estimated required tax yield, add the estimated yields for employers with a negative reserve balance and employers with a reserve ratio of 13% or more to the sum determined in (5)(a).

6. Compute the adjustment factor by dividing in the following manner:

the estimated required tax yield, less the unadjustable yield the estimated yield derived from unadjusted contribution rates, less the unadjustable yield.

Compute the adjusted contribution rates by multiplying the unadjusted contribution rates for each reserve ratio subject to adjustment by the adjustment factor and round the result to the nearest .01% (or down if there is no nearest .01 percent).

8. Compute the estimated average tax rate by dividing the net required yield by the taxable payrolls and round to the nearest .01 percent.

History

  • Former Regulation 40-12; Amended effective March 29, 1978 (Supp. 78-2). Amended effective November 15, 1978 (Supp. 78-6). Amended effective March 5, 1982 (Supp. 82-2). Amended effective December 23, 1985 (Supp. 85-6).
Ariz. Admin. Code § R6-3-1716 Voluntary Contributions

Section 23-726 of the Employment Security Law of Arizona provides for an employer to make voluntary payments in addition to required contributions, which are credited to his account and included in the computation of the employer's experience rate.

In conformity with this section, the Department of Economic Security prescribes:

A. Separate accounting records of voluntary contributions shall be established for each employer making such contributions. Money so paid and credited may not be credited to the separate account of employer contributions required on wages paid. Voluntary contributions shall be in any amount desired by the employer and need not bear any relationship to wages paid. When such voluntary payments have been received by the Department and credited in the voluntary contribution account of the employer, they may not be returned to the employer and shall be deposited in the trust fund of the Department.

B. The Department shall supply on request of the employer, received before January 31 of any calendar year, information as to the effect of any voluntary contribution on the yearly contribution rate commencing January 1 of such calendar year. Any voluntary contribution received by the Department post marked on or before January 31 of any calendar year shall be used in computing the rate for that calendar year.

History

  • Former Regulation 40-13.
Ariz. Admin. Code § R6-3-1717 Special Provisions for Reimbursement Employers

A. Reimbursement for benefits paid. The amount of benefits chargeable against or reimbursable from each base-period employer shall bear the same ratio to the total benefits paid to an individual as the base-period wages paid to the individual by the employer bear to the total amount of base-period wages paid to the individual by all his base-period employers. The provisions of sections 23-727, 23-773, and 23-777 which relieve an employer's account of charges for benefit payments do not apply to reimbursement employers. A reimbursement employer shall reimburse the Department for its proportionate share of all regular benefits and 1/2 of its proportionate share of all extended benefits paid which were based upon wages paid during the effective period of the employer's election to make payments in lieu of contributions; chargeable benefits paid based upon wages paid during a period when no such election is in effect shall be charged to the employer's experience rating account.

B. Acquisition of a business

1. When a regular employer acquires the entire business of a reimbursement employer, all benefits paid which were based upon wages paid after the date of acquisition shall be charged to the successor's experience rating account. Benefits paid which were based upon wages paid prior to the date of acquisition shall be reimbursed to the Department by the predecessor.

2. When a reimbursement employer acquires the entire business of a reimbursement employer, all benefits paid which were based upon wages paid after the date of acquisition shall be reimbursed to the Department by the successor. Benefits paid which were based upon wages paid prior to the date of acquisition shall be reimbursed to the Department by the predecessor.

3. When a reimbursement employer acquires the entire business of a regular employer, all benefits paid which were based upon wages paid after the date of acquisition shall be reimbursed to the Department by the successor. Benefits paid which were based upon wages paid prior to the date of acquisition shall be charged to the predecessor's experience rating account.

4. When an employing unit eligible for reimbursement option reorganizes or changes ownership other than in a manner as provided for in paragraph (1), (2) or (3) above, the option of the predecessor shall be binding upon the successor.

5. A successor employer shall be liable for any unpaid amounts due from a predecessor reimbursement employer when the total business is acquired in the same manner and to the same extent as a successor employer is liable for unpaid contributions, penalties, and interest of a predecessor.

C. Reimbursement required when a request for redetermination is pending. When a reimbursement employer files a timely application for redetermination of payments due and no redetermination has been received on or before the 30th day after the billing for that quarter(s) was mailed by the Department, the employer shall pay the bill before the delinquent date, and at the same time may give notice to the Department that all or part of the payment is made under protest.

D. Group accounts

1. Group accounts shall become effective only at the beginning of a calendar year, and applications for a group account shall be made no later than 30 days prior to the effective date of such account.

2. Employers forming a group account shall remain reimbursement employers for not less than three years from the effective date of the group account without regard to the date they originally became reimbursement employers. A group account shall be terminated only at the end of a calendar year by written application made not later than 30 days prior to the date the account is to be terminated, provided the group account has been in effect for three calendar years.

3. A new employer may be added to a group account only at the beginning of a calendar year and only by making written application not later than 30 days prior to the beginning of the calendar year for which the application is to be effective.

4. A member may withdraw from a group account only at the end of a calendar year and only by making written application to do so not later than 30 days prior to the effective date of the withdrawal, provided the group account will have been in existence for at least three calendar years as of the effective date of the withdrawal.

5. The employees and wages paid in each unit of a group account shall be separately identified on the quarterly wage report submitted for the group.

E. Effective date of election for payment in lieu of contributions

1. When a nonprofit organization has been granted exempt status by the Internal Revenue Service under section 501(c)(3) of the Internal Revenue Code and, after providing the Department with a copy of the exempt determination, is determined to be a liable employer according to A.R.S. § 23-613(A)(2)(c), the effective date of a timely election to make payment in lieu of contributions shall be the effective date of the exempt status as determined by the Internal Revenue Service or the effective date of coverage, whichever is later.

2. When a nonprofit organization previously determined to be a liable employer on a basis other than A.R.S. § 23-613(A)(2)(c), provides the Department with a copy of a determination issued by the Internal Revenue Service granting exempt status to the organization under section 501(c)(3) of the Internal Revenue Code, which eliminates the liability of the organization under the Employment Security Law, the liability of the employing unit shall be removed effective with the effective date of the exempt status as determined by the Internal Revenue Service. The employing unit shall be eligible for refund or adjustment within the limitations provided by A.R.S. § 23-742.

3. When a nonprofit organization previously determined to be a liable employer on a basis other than A.R.S. § 23-613(A)(2)(c), provides the Department a copy of a determination issued by the Internal Revenue Service granting exempt status to the organization under section 501(c)(3) of the Internal Revenue Code within 90 days of the date issued, and remains a liable employer according to A.R.S. § 23-613(A)(2)(c), the effective date of a timely election to make payment in lieu of contributions shall be the effective date of exempt status as determined by the Internal Revenue Service. If, however, such an organization does not provide the Department a copy of the exempt determination within 90 days, the effective date of a timely election to make payment in lieu of contributions shall be the first day of the calendar quarter in which the copy of the exempt determination is received by the Department. Payment of contributions because evidence of exempt status had not been furnished to the Department by the organization shall not be considered due to the fault or mistake of the Department.

History

  • Former Regulation 40-15; Amended effective January 10, 1977 (Supp. 77-1). Amended subsection (E) effective August 28, 1980 (Supp. 80-4). Typographical correction to change "on" to "or" as adopted by the Department (Supp. 94-4).
Ariz. Admin. Code § R6-3-1718 Employer Refunds

A. When a contribution overpayment has been established within the statutory period provided by section 23-742, the Department may credit the employing unit's account or, in its discretion, refund the overpayment provided the employing unit has no report delinquency or balance due on its account.

B. When an overpayment to a claimant has been established as provided in A.R.S. § 23-742, and a reimbursing employer has made payment in lieu of contributions for the benefits overpaid, the Department shall give the employer credit against the employer's next quarterly statement of account of an amount not to exceed the amount recovered by the fund through offset or repayment. If the benefit overpayment was attributable to Department fault, mistake, or omission, the Department shall give the reimbursing employer a credit for the amount of the benefit overpayment, regardless of whether the overpayment has been repaid. The Department shall allow a reimbursing employer a refund of any credit balance remaining in the employer's account after the Department determines that there will be no further charges to the account.

C. The Department shall issue a warrant drawn on the Unemployment Compensation Fund -- Clearing Account for any employer refund.

History

  • Former Regulation 40-16; Amended effective March 11, 1977 (Supp. 77-2). Amended subsection (A) effective June 17, 1985 (Supp. 85-3). Amended effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1719 [REPEALED]

History

  • Adopted effective October 20, 1978 (Supp. 78-5). Repealed effective December 2, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-3-1720 Exempting Certain Direct Sellers and Income Tax Preparers

A. Direct sellers. This subsection governs the determination of whether employment is exempt under A.R.S. § 23-617(22).

1. "Consumer goods" means tangible personal property normally used for personal, family, or household purposes, including property meant to be attached to or installed in any real property, regardless of whether such tangible property is actually attached or installed. Consumer goods do not include such things as:

a. Services,

b. Intangible property,

c. Real property, or

d. Goods held for resale or investment purposes.

When the solicitation or sale includes services or merchandise not within the definition of consumer goods, the exemption shall be allowed only if the services or merchandise not within the definition of consumer goods are incidental to the consumer goods and do not equal 50% or more of the total purchase price.

3. Compensation received by direct sellers may be "overrides" (commissions paid to direct sellers based on sales of other direct sellers) or "profits" (the difference between the price the direct seller pays for consumer goods purchased and the resale price the seller charges the consumer for the goods) as well as commissions.

4. "Primarily resulting" means that substantially all (80% or more) of the solicitations or sales of consumer goods are made by the direct seller "in person", "in the home" of the prospective consumer. Boiler room telephone-type operations will not fall within this exemption as they are not "in person" nor are they solicitations or sales consummated "in the home".

B. Income Tax Preparers. This subsection governs the determination of whether employment is exempt under A.R.S. § 23-617(23).

1. "Tax returns" means returns required to be filed under federal or state income tax laws.

2. "Related schedules and documents" means schedules and documents which accompany the tax returns, any forms prepared by the tax preparer in lieu of regular income tax forms, and information documents prepared from client interviews. Related schedules and documents do not include accounting records or financial statements.

3. "Preparation" of tax returns means obtaining necessary information from the taxpayer, deciding which tax rules apply and how, computing the tax, or completing the necessary forms. To qualify under the exemption, a tax preparer need not actually fill out or review the forms. However, preparation does not include the mere typing, reproducing, or reviewing of the forms.

4. The services of the tax preparer will not be exempt if such individual doing the work is subject to any controls, whether exercised or not, other than those required by the IRS. The IRS exercises control over tax preparers by imposing a penalty if the tax preparer:

a. Does not sign the return (manual signature).

b. Does not furnish an employer's ID number and a Social Security Number.

c. Does not show the business address where the return was completed.

d. Does not keep copies or records of a return for three years available for inspection by the IRS.

e. Does not provide a copy of the complete return to the taxpayer.

f. Negligently or intentionally disregards the rules and regulations for preparing tax returns.

g. Willfully understates tax liability (preparer must ask reasonable questions when the information furnished by the taxpayer seems to be incomplete or incorrect, and some deductions require specific documentation which a preparer must be satisfied actually exists).

h. Endorses a refund check (excepting bank tax preparers).

i. Does not file an annual information report, Form 5717, by July 31 of each year.

History

  • Adopted effective November 15, 1978 (Supp. 78-6). Amended effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1721 Liability Determinations; Review; Finality

A. If an employer alleges a reconsider determination issued in accordance with subsection (F) of A.R.S. § 23-724, or subsection (A) of A.R.S. § 23-732, is defective and so specifies in writing within the appeal period specified by law, the Department shall review its reconsidered determination for completeness as required by A.R.S. § 23-724(F), considering any alleged defects identified in writing by the employer within the appeal period.

B. Any defects found may be cured by issuing a corrected reconsidered determination and stating therein that all time periods applicable to the determination were suspended from the date of the original reconsidered determination to the date of the corrected reconsidered determination.

C. Any further defect alleged in the corrected reconsidered determination will be handled in the manner so specified in this regulation.

D. If the allegation of a defect in the reconsidered determination is not submitted within the period for appeal, an examination of the reconsidered determination reveals no defect of consequence, and the employer did not file a timely petition for hearing or review, the employer shall be notified in writing of the untimeliness of the allegation of defect, and that the reconsidered determination has become final. If, however, the employer had submitted timely petition for hearing or review, the employer shall be notified of the untimeliness of his allegation of defect, and that the matter is now with the appeals board for consideration of his petition for hearing or review.

E. If the allegation of defect in the reconsidered determination is not submitted within the period for the appeal, and upon examination of the reconsidered determination a defect of consequence is found to exist, a corrected reconsidered determination shall be issued which will include a statement that all time periods applicable to the determination were suspended from the date of the original reconsidered determination to the date of the corrected reconsidered determination.

F. If the allegation of defect in the reconsidered determination is submitted timely, but upon review defect is not found by the Department to exist, the employer shall be notified in writing that the reconsidered determination is considered adequate, and that the matter shall become final unless he notifies the Department in writing within 15 days that he wishes his timely allegation of defect to be considered a petition for hearing or review.

History

  • Adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted effective October 30, 1979 (Supp. 79-5).
Ariz. Admin. Code § R6-3-1722 Casual Labor

A. "Casual labor" means service not in the course of the employing unit's trade or business performed by an employee in any calendar quarter in which:

1. Cash remuneration paid for such service is less than $50; and

2. The services are performed by an individual who is not regularly employed by the employing unit to perform such services.

B. "Regularly employed by an employing unit" means that an employee performed similar services for the employing unit for some portion of each of 24 days during the calendar quarter in question or the preceding calendar quarter.

C. "Service not in the course of the employing unit's trade or business" means service that does not directly promote or advance the trade or business of the employing unit. This term does not apply to domestic services in the private home of the employer or services performed for a corporation.

History

  • Adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). New rule adopted effective November 6, 1979 (Supp. 79-6). Amended effective December 17, 1981 (Supp. 81-6). Former Section R6-3-1722 repealed, new Section R6-3-1722 adopted effective March 16, 1988 (Supp. 88-1).
Ariz. Admin. Code § R6-3-1723 Employee Defined

A. "Employee" means any individual who performs services for an employing unit, and who is subject to the direction, rule or control of the employing unit as to both the method of performing or executing the services and the result to be effected or accomplished. Whether an individual is an employee under this definition shall be determined by the preponderance of the evidence.

1. "Control" as used in A.R.S. § 23-613.01, includes the right to control as well as control in fact.

2. "Method" is defined as the way, procedure or process for doing something; the means used in attaining a result as distinguished from the result itself.

B. "Employee" as defined in subsection (A) does not include:

1. An individual who performs services for an employing unit in a capacity as an independent contractor, independent business person, independent agent, or independent consultant, or in a capacity characteristic of an independent profession, trade, skill or occupation. The existence of independence shall be determined by the preponderance of the evidence.

2. An individual subject to the direction, rule, control or subject to the right of direction, rule or control of an employing unit ". . . . solely because of a provision of law regulating the organization, trade or business of the employing unit". This paragraph is applicable in all cases in which the individual performing services is subject to the control of the employing unit only to the extent specifically required by a provision of law governing the organization, trade or business of the employing unit.

a. "Solely" means, but is not limited to: Only, alone, exclusively, without other.

b. "Provision of law" includes, but is not limited to: statutes, regulations, licensing regulations, and federal and state mandates.

c. The designation of an individual as an employee, servant or agent of the employing unit for purposes of the provision of law is not determinative of the status of the individual for unemployment insurance purposes. The applicability of paragraph (2) of this subsection shall be determined in the same manner as if no such designated reference had been made.

C. The following services are exempt employment under this Chapter, unless there is evidence of direction, rule or control sufficient to satisfy the definition of an employee under subsection (A) of this Section, which is distinct from any evidence of direction, rule or control related to or associated with establishing the nature or circumstances of the services considered pursuant to this subsection:

1. Services by an individual for an employing unit which are not a part or process of the organization, trade or business of the employing unit, and the individual is not treated by the employing unit in a manner generally characteristic of the treatment of employees.

a. Services by an individual not treated by the employing unit in a manner generally characteristic of the treatment of employees means the individual performing the services is not treated by the employing unit in substantially the same manner as employees of that employing unit.

b. The words "part" and "process" are not synonymous. If the individual performs services which are either a part of or process in the organization, trade or business, the conditions of this paragraph are not met and the services cannot be exempt under this paragraph. "Process" refers to those services which are directly responsible for carrying out the fundamental purpose or purposes for which the organization, trade or business exists; e.g., painting and repairing automobile bodies in an automobile body paint and repair shop. "Part" refers to any other services which are essential to the operation or maintenance of the organization, trade or business; e.g., routine cleaning of premises and maintenance of tools, equipment and building. In addition to services which are a part of or process in the organization, trade or business, there are those services which are for the purposes of the organization, trade or business but are merely ancillary or incidental and are not essential or necessary to the conduct of the organization, trade or business; e.g., landscaping area around the automobile body paint and repair shop.

2. Services by an individual for an employing unit through isolated or occasional transactions, regardless of whether such services are a part or process of the organization, trade or business of the employing unit.

a. The phrase "isolated or occasional" has its commonly understood meaning. The intent of the relationship between the employing unit and the individual performing the services is to be considered with the intent of the parties being that it is on a permanent basis or for a long period; e.g., an individual employed who either quits or is discharged after a brief period of employment, would not be considered an isolated or occasional transaction regardless of how brief the period of employment may be.

b. An individual who performs services on less than thirteen days in a calendar quarter will be presumed to be performing isolated or occasional transactions. An individual who performs services on thirteen days or more in a calendar quarter will be presumed not to be performing isolated or occasional transactions. In all cases in which there is a standing or continuing arrangement with an individual to perform required services on either a regularly scheduled basis or on call as requested, it will be presumed the individual is not performing isolated or occasional transactions.

D. In determining whether an individual who performs services is an employee under the general definition of subsection (A), all material evidence pertaining to the relationship between the individual and the employing unit must be examined. Control as to the result is usually present in any type of contractual relationship, but it is the additional presence of control, as determined by such control factors as are identified in paragraph (2) of this subsection, over the method in which the services are performed, that may create an employment relationship.

1. The existence of control solely on the basis of the existence of the right to control may be established by such action as: reviewing written contracts between the individual and the employing unit; interviewing the individual or employing unit; obtaining statements of third parties; or examining regulatory statutes governing the organization, trade or business. In any event, the substance, and not merely the form of the relationship must be analyzed.

The following are some common indicia of control over the method of performing or executing the services:

a. Authority over individual's assistants. Hiring, supervising, and payment of the individual's assistants by the employing unit generally shows control over the individuals on the job. Sometimes, one worker may hire, supervise, and pay other workers. He may do so as the result of a contract in which he agrees to provide materials and labor and under which he is responsible only for the attainment of a result; in which case he may be independent. On the other hand, if he does so at the direction of the employing unit, he may be acting as an employee in the capacity of a foreman for or representative of the employer.

b. Compliance with instructions. Control is present when the individual is required to comply with instructions about when, where and how he is to work. Some employees may work without receiving instructions because they are highly proficient in their line of work and can be trusted to work to the best of their abilities; however, the control factor is present if the employer has the right to instruct or direct. The instructions may be oral or may be in the form of manuals or written procedures which show how the desired result is to be accomplished.

c. Oral or written reports. If regular oral or written reports bearing upon the method in which the services are performed must be submitted to the employing unit, it indicates control in that the worker is required to account for his actions. Periodic progress reports relating to the accomplishment of a specific result may not be indicative of control if, for example, the reports are used to establish entitlement to partial payment based upon percentage of completion. Completion of forms customarily used in the particular type of business activity, regardless of the relationship between the individual and the employing unit, may not constitute written reports for purposes of this factor; e.g., receipts to customers, invoices, etc.

d. Place of work. Doing the work on the employing unit's premises is not control in itself; however, it does imply that the employer has control, especially when the work is of such a nature that it could be done elsewhere. A person working in the employer's place of business is physically within the employer's direction and supervision. The fact that work is done off the premises does indicate some freedom from control; however, it does not by itself mean that the worker is not an employee. In some occupations, the services are necessarily performed away from the premises of the employing unit. This is true, for example, of employees in the construction trades, or employees who must work over a fixed route, within a fixed territory, or at any outlying work station.

e. Personal performance. If the services must be rendered personally it indicates that the employing unit is interested in the method as well as the result. The employing unit is interested not only in getting a desired result, but, also, in who does the job. Personal performance might not be indicative of control if the work is very highly specialized and the worker is hired on the basis of his professional reputation, as in the case of a consultant known in academic and professional circles to be an authority in the field. Lack of control may be indicated when an individual has the right to hire a substitute without the employing unit's knowledge or consent.

f. Establishment of work sequence. If a person must perform services in the order of sequence set for him by the employing unit, it indicates the worker is subject to control as he is not free to follow his own pattern of work, but must follow the established routines and schedules of the employing unit. Often, because of the nature of an occupation, the employing unit does not set the order of the services, or sets them infrequently. It is sufficient to show control, however, if the employing unit retains the right to do so.

g. Right to discharge. The right to discharge, as distinguished from the right to terminate a contract, is a very important factor indicating that the person possessing the right has control. The employing unit exercises control through the ever present threat of dismissal, which causes the worker to obey any instructions which may be given. The right of control is very strongly indicated if the worker may be terminated with little or no notice, without cause, or for failure to use specified methods, and if the worker does not make his services available to the public on a continuing basis. An independent worker, on the other hand, generally cannot be terminated as long as he produces an end result which measures up to his contract specifications. Many contracts provide for termination upon notice or for specified acts of nonperformance or default, and may not be indicative of the existence of the right to control. Sometimes, an employing unit's right to discharge is restricted because of a contract with a labor union or with other entities. Such a restriction does not detract from the existence of an employment relationship.

h. Set hours of work. The establishment of set hours of work by the employing unit is a factor indicative of control. This condition bars the worker from being master of his own time, which is a right of the independent worker. Where fixed hours are not practical because of the nature of the occupation, a requirement that the worker work at certain times is an element of control.

i. Training. Training of an individual by an experienced employee working with him, by required attendance at meetings, and by other methods, is a factor of control because it is an indication that the employer wants the services performed in a particular method or manner. This is especially true if the training is given periodically or at frequent intervals. An independent worker ordinarily uses his own methods and receives no training from the purchaser of his services.

j. Amount of time. If the worker must devote his full time to the activity of the employing unit, the employing unit has control over the amount of time the worker spends working and, impliedly, restricts him from doing other gainful work. An independent worker, on the other hand, is free to work when and for whom he chooses. Full time does not necessarily mean an 8-hour day or a 5- or 6-day week. Its meaning may vary with the intent of the parties, the nature of the occupation and customs in the locality. These conditions should be considered in defining "full time". Full-time services may be required even though not specified in writing or orally. For example, a person may be required to produce a minimum volume of business which compels him to devote all of his working time to that business, or he may not be permitted to work for anyone else, and to earn a living he necessarily must work full time.

k. Tools and materials. The furnishing of tools, materials, etc. by the employing unit is indicative of control over the worker. When the worker furnishes the tools, materials, etc., it indicates a lack of control, but lack of control is not indicated if the individual provides tools or supplies customarily furnished by workers in the trade.

l. Expense reimbursement. Payment by the employing unit of the worker's approved business and/or traveling expenses is a factor indicating control over the worker. Conversely, a lack of control is indicated when the worker is paid on a job basis and has to take care of all incidental expenses. Consideration must be given to the fact some independent professionals and consultants require payment of all expenses in addition to their fees.

E. Among the factors to be considered in addition to the factors of control, such as those identified in subsection (D), when determining if an individual performing services may be independent when paragraph (1) of subsection (B) is applicable, are:

1. Availability to public. The fact that an individual makes his services available to the general public on a continuing basis is usually indicative of independent status. An individual may offer his services to the public in a number of ways. For example, he may have his own office and assistants, he may display a sign in front of his home or office, he may hold a business license, he may be listed in a business directory or maintain a business listing in a telephone directory, he may advertise in a newspaper, trade journal, magazine, or he may simply make himself available through word of mouth, where it is customary in the trade or business.

2. Compensation on job basis. An employee is usually, but not always, paid by the hour, week or month; whereas, payment on a job basis is customary where the worker is independent. Payment by the job may include a predetermined lump sum which is computed by the number of hours required to do the job at a fixed rate per hour. Payment on a job basis may involve periodic partial payments based upon a percent of the total job price or the amount of the total job completed. The guarantee of a minimum salary or the granting of a drawing account at stated intervals, with no requirement for repayment of the excess over earnings, tends to indicate that existence of an employer-employee relationship.

3. Realization of profit or loss. An individual who is in a position to realize a profit or suffer a loss as a result of his services is generally independent, while the individual who is an employee is not in such a position. Opportunity for profit or loss may be established by one or more of a variety of circumstances; e.g.:

a. The individual has continuing and recurring significant liabilities or obligations in connection with the performance of the work involved, and success or failure depends, to an appreciable degree, on the relationship of receipts to expenditures.

b. The individual agrees to perform specific jobs for prices agreed upon in advance, and pays expenses incurred in connection with the work, such as wages, rents or other significant operating expenses.

4. Obligation. An employee usually has the right to end his relationship with his employer at any time he wishes without incurring liability, although he may be required to provide notice of his termination for some period in advance of the termination. An independent worker usually agrees to complete a specific job. He is responsible for its satisfactory completion and would be legally obligated to make good for failure to complete the job, if legal relief were sought.

5. Significant investment. A significant investment by a person in facilities used by him in performing services for another tends to show an independent status. On the other hand, the furnishing of all necessary facilities by the employing unit tends to indicate the absence of an independent status on the part of the worker. Facilities include equipment or premises necessary for the work, but not tools, instruments, clothing, etc., that are provided by employees as a common practice in their particular trade. If the worker makes a significant investment in facilities, such as a vehicle not reasonably suited to personal use, this is indicative of an independent relationship. A significant expenditure of time or money for an individual's education is not necessarily indicative of an independent relationship.

6. Simultaneous contracts. If an individual works for a number of persons or firms at the same time, it indicates an independent status because, in such cases, the worker is usually free from control by any of the firms. It is possible, however, that a person may work for a number of people or firms and still be an employee of one or all of them. The decisions reached on other pertinent factors should be considered when evaluating this factor.

F. Whether the preponderance of the evidence is being weighed to determine if the individual performing services for an employing unit is an employee under the general definition of employee contained in subsection (A), or may be independent when paragraph (1) of subsection (B) is applicable, the factors considered shall be weighed in accordance with their appropriate value to a correct determination of the relationship under the facts of the particular case. The weight to be given to a factor is not always constant. The degree of importance may vary, depending upon the occupation or work situation being considered and why the factor is present in the particular situation. Some factors may not apply to particular occupations or situation, while there may be other factors not specifically identified herein that should be considered.

G. An individual is an employee if he performs services which are subject to the Federal Unemployment Tax Act or performs services which are required by federal law to be covered by state law.

History

  • Adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted and amended effective November 6, 1979 (Supp. 79-6). Amended subsection (B), paragraph (1) effective October 2, 1980 (Supp. 80-5). Amended effective March 5, 1982 (Supp. 82-2).
Ariz. Admin. Code § R6-3-1724 [REPEALED]

History

  • Adopted effective September 23, 1980 (Supp. 80-5). Repealed effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1725 Licensed Real Estate, Insurance, Security and Cemetery Salesmen

A.R.S. § 23-617 exempts from employment services performed by individuals as insurance, real estate, security and cemetery salesmen, if compensated solely by way of commission.

1. Special compensation plans or agreements such as the following are not commissions: Stabilized earning programs, training allowances, sales incentive plans, payment of living expenses, and advances in excess of commissions earned when repayment is not required. Any such payment(s) nullifies the exemption for the calendar year in which the special payment(s) is made. Payment of an individual's business expenses is not considered a special compensation plan.

2. Special compensation payments do not include payments excluded from the definition of wages as defined in A.R.S. § 23-622(B).

History

  • Adopted effective September 23, 1980 (Supp. 80-5).
Ariz. Admin. Code § R6-3-1726 Tips As Wages

A. Any tip, gratuity or service charge received by or for an employee in the course of employment from persons other than the employing unit shall be considered wages if:

1. The tip, gratuity, or service charge is received on or after January 1, 1986, and is reported by the employee in writing to the employing unit on or before the 10th day of the month following the month in which it is received; or

2. The employing unit has actual knowledge of tips, gratuities, or service charges not accounted for by the employee and either:

a. The tip, gratuity, or service charge is specified and collected by the employing unit; or

b. The tip, gratuity, or service charge is used by the employing unit on or after August 3, 1984, in order to conform to the minimum wage requirement of federal or state law.

B. No benefits shall be paid based on any tip, gratuity, or service charge which the claimant failed to report as specified in subsection (A), paragraph (1) of this rule, unless the provisions of subsection (A), paragraph (2) apply.

C. For the purposes of reporting and paying contributions on any tip, gratuity, or service charge described in subsection (A) and (B) of this rule, the date on which the employer compensates the employee for the pay period in which either the tip, gratuity, or service charge has been reported to the employer by the employee or in which the employer has allocated the tip, gratuity, or service charge to the employee shall be considered the date the tip, gratuity or service charge is paid.

History

  • Adopted effective March 16, 1988 (Supp. 88-1).
Ariz. Admin. Code § R6-3-1727 Meals or Lodging As Wages

A. The money value of board or lodging, or both, furnished a worker shall be the reasonable cash value thereof as determined by the Department. In arriving at the reasonable cash value, the Department shall consider the cost to persons other than the employee of similar goods and services in the vicinity. Unless in a given case a rate for board and lodging is determined by the Department, board or lodging furnished shall be deemed to have not less than the following values:

Breakfast $1.25

Lunch $1.50

Dinner $2.00

Lodging - per day $4.00

Meals only - per month $142.50

Lodging only - per month $120.00

Full room and board - monthly $262.50

B. The term "wages" does not include the value of any meals or lodging furnished to an employee by the employer for the convenience of the employer if, in the case of meals, the meals are furnished on the business premises of the employer, or in the case of lodging, the employee is required to accept such lodging on the business premises of the employer as a condition of his employment.

Meals will be regarded as furnished for the convenience of the employer when they are furnished during regular working hours to have the employee on call during the meal period, or they are furnished during regular working hours because the employer's business is such that the employee could not be expected to eat elsewhere in such a short period, or they are furnished during regular working hours because the employee could not otherwise secure meals in the area in which he works. Meals furnished before or after the working hours of the employee will not be regarded as furnished for the convenience of the employer except when they are furnished to a restaurant employee or other food service employee for each meal period in which the employee works, provided the meal is furnished immediately before or immediately after the working hours of the employee. Meals furnished on days in which the employee performs no services will not be regarded as furnished for the convenience of the employer unless they are furnished in connection with lodging which is furnished for the convenience of the employer.

Lodging an employee is required to accept on the business premises of the employer as a condition of his employment will be regarded as furnished for the convenience of the employer when the employee is required to be available for duty at all times, or the employee could not perform the services required of him unless furnished such lodging. Lodging furnished an employee providing managerial, maintenance or security services in an apartment of similar residential complex will be regarded as furnished for the convenience of the employer.

3. Meals or lodging furnished an employee will not be deemed furnished for the convenience of the employer if the employee has the option of receiving other compensation in lieu of meals or lodging or if the employer reduces the cash wages of the employee or otherwise charges for the meals or lodging provided.

History

  • Adopted effective March 16, 1988 (Supp. 88-1).

Article 18 BENEFITS

Ariz. Admin. Code § R6-3-1801 [REPEALED]

History

  • Former Regulation 10-2; Former Section R6-3-1801 repealed, new Section R6-3-1801 adopted effective December 17, 1981 (Supp. 81-6). Repealed effective December 2, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-3-1802 [REPEALED]

History

  • Former Regulation 30-1; Amended effective March 11, 1977 (Supp. 77-2). Amended effective May 21, 1979 (Supp. 79-3). Amended effective March 5, 1981 (Supp. 81-2). Repealed effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-1803 Benefit Notice and Determination

A. When the claimant files a claim to establish a benefit year, the Department shall prepare a statement showing the claimant's weekly benefit amount, total benefits, base-period wages, and benefit year. Prior to the expiration of the benefit year, the claimant may protest the statement if the claimant has reason to believe base-period wages are omitted or incorrect. Upon receipt of a protest, the Department shall investigate and revise the statement or issue a determination, as prescribed in A.R.S. § 23-773, explaining why the original statement is correct.

B. As prescribed in A.R.S. § 23-772, when an initial claim for benefits is filed, the Department shall promptly notify the claimant's most recent employing unit or employer of the claim filing. The notice shall contain the reason given by the claimant for separation from employment and shall advise the employer that the employer may protest payment to the claimant upon any statutory grounds, if such grounds exist, by returning the protest within 10 days after the date of the notice.

C. In administering A.R.S. § 23-706(A), the Department shall issue a determination to a reimbursement employer on whether a benefit overpayment classified as administrative is a benefit overpayment caused by Department error.

History

  • Former Regulation 30-2; Amended as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted effective October 30, 1979 (Supp. 79-5). Amended effective June 11, 1980 (Supp. 80-3). Amended effective December 20, 1995 (Supp. 95-4). Amended effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-1804 [REPEALED]

History

  • Former Regulation 10-3; Repealed effective August 3, 1978 (Supp. 78-4). New Section R6-3-1804 adopted effective March 26, 1979 (Supp. 79-2). Section repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-1805 [REPEALED]

History

  • Former Regulation 30-11; Amended effective August 19, 1981 (Supp. 81-4). Section repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-1806 Interstate Claimants

Under A.R.S. § 23-644, the Department shall participate in the Interstate Benefit Payment Plan and shall act as the agent for the other states and Canada who subscribe to the Plan.

History

  • Former Regulation 30-4; Amended effective December 17, 1975 (Supp. 75-2). Section repealed; new Section adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-1807 [REPEALED]

History

  • Former Regulation 30-5. Section repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-1808 Payment on Account of Retirement

A. Pension Defined. Pension, as used in A.R.S. §§ 23-791 and 23-624, does not include survivor's benefit payments or other periodic payment which bears no direct relationship to the level of prior remuneration or the length of past employment of the claimant.

B. Weekly Deduction.

1. The Department shall determine the amount of pension attributed to a week by dividing the pension recipient's monthly pension by 4.333 and rounding the result to the lowest dollar.

2. When the recipient contributed at least 45% of the amount for the pension, the Department shall determine the deductible amount by multiplying the weekly pension by .45 and rounding the result to the lowest dollar.

C. Effective Date. The effective date of a reduction in benefits required by A.R.S. § 23-791(A) begins with the 1st week in which either of the following occurs:

1. The recipient receives a pension payment; or

2. The recipient receives a determination or official notification from the pension source that provides the effective date and the amount of the pension payment and the payment will be made for the week in question.

D. Retroactive Payments.

1. An overpayment shall not result from retroactive pension payments for weeks prior to receipt of official notification, nor shall an overpayment result from any retroactive recomputation of the pension payment, unless the recipient fails to disclose the recomputation.

2. The Department shall not pay retroactive benefits previously denied due to the claimant's receipt of a pension payment that was made in error and must be repaid.

E. Lump-sum Payments. The Department shall:

1. Allocate a pension received in 1 lump-sum payment to the week in which the payment is received;

2. Treat a yearly lump-sum pension payment as a periodic payment and allocate the payment over 52 weeks;

3. Disregard a lump-sum or yearly lump-sum payment that is rolled over into a non-taxable retirement plan in accordance with provisions of the Internal Revenue Code; and

4. Disregard a lump-sum payment or other type payoff made because of a separation occurring before the time the recipient meets the length of service terms and age requirement established by the pension plan even if the payment includes pension funds.

History

  • Former Regulation 30-7; Repealed effective February 18, 1977 (Supp. 77-1). Adopted as an emergency effective June 18, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Former emergency adoption now adopted and amended effective November 7, 1979 (Supp. 79-6). Amended effective March 5, 1982 (Supp. 82-2). Amended effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-1809 Eligibility for Approved Training

A. Approved training under A.R.S. § 23-771.01 includes vocational training or academic courses that provide a claimant the opportunity to achieve reemployment through the development of the claimant's skills and abilities.

1. A claimant is "in training with the approval of the department" when the claimant presents a document from the sponsoring agency that the claimant is participating in 1 of the programs listed in this subsection.

a. Training, except for on-the-job training, under Titles II, III, or IV of the Job Training Partnership Act, or its successor.

b. A vocational rehabilitation program sponsored or administered by the Department or another public agency.

c. Training sponsored or administered by 1 or more programs of the Department.

d. Training designed to improve a claimant's understanding of the fundamentals of English or mathematics or training that is intended to result in a general equivalency diploma (GED), unless the claimant is a student enrolled in and regularly attending a public or private secondary educational institution.

e. Training recommended or financed by the claimant's only base-period employer who is subject to charges for benefits paid to the claimant.

2. If the training does not meet any of the provisions of subsection (A)(1), the claimant is in training with the approval of the Department if all the following conditions are met:

a. The training facility is registered with the Department of Education or its successor, or a comparable agency of another state, and is located within the United States.

b. The training course is approved by the Department of Education or its successor, or a comparable agency of another state and:

i. Is for a duration of at least 4 weeks but not more than 52 weeks of instruction; and

ii. At an academic institution, requires either a minimum of 12 credit hours during fall and spring semesters or at least 6 credit hours during summer sessions, and results in a training certificate; or

iii. At a vocational training facility, requires a minimum of 20 hours per week of supervised participation.

c. Either the claimant's:

i. Prospects for continuing employment for which the claimant is fitted by training and experience are minimal and are not likely to improve in the foreseeable future in the locality in which the claimant resides or is seeking work; or

ii. Training, skills, and past work history establish that the claimant only qualifies for jobs that normally pay at or within $1.00 of the minimum wage and are unlikely to provide advancement opportunity.

d. The claimant possesses aptitudes or skills which can be usefully supplemented by retraining and has the qualifications and aptitudes necessary to reasonably assure successful completion of the training course.

e. The training course is likely to prepare the claimant for an occupation for which there are, or are expected to be in the immediate future, reasonable full-time employment opportunities in the locality in which the claimant resides or is seeking work.

B. Weekly Eligibility.

1. The Department shall pay unemployment insurance benefits, including extended benefits under A.R.S. §§ 23-626 through 23-639, to an otherwise eligible claimant while the claimant is in approved training if the claimant files a timely claim for a week of benefits in the format prescribed by the Department:

a. The claim shall include the following information for the applicable claim period,

i. A statement of any employment the claimant held and any wages the claimant earned,

ii. A statement of any training assistance the claimant received or will receive,

iii. A statement as to whether the claimant missed any scheduled training,

iv. The claimant's signature or personal identification number,

v. A statement from the training facility as to whether the claimant is enrolled in training and satisfactorily pursuing the training course, and

vi. The signature or identification number of the training facility's representative which is on file with the Department as being authorized to certify to the claimant's training attendance and progress.

b. The claim is timely filed when the Department receives the claim within 14 days of the claim week ending date. If the claim is not received within 14 days, the claimant shall establish good cause for the untimeliness as prescribed in R6-3-5475(H).

c. If the training facility has a temporary break in training of less than 6 weeks, and the facility notifies the Department by telephone or in writing that the claimant will continue the training after the break, the Department shall deem the claimant in training.

2. For purposes of A.R.S. § 23-771.01(B), the Department shall deem subsistence benefits received from a governmental, nonprofit, or community agency for the claimant's own personal entitlement as a training allowance.

a. A subsistence payment for the claimant's own personal entitlement includes funds covering transportation or meal costs, but does not include funds covering course costs, tuition, books, supplies, tools, or an allowance for dependents.

b. The Department shall allocate the training allowance for each week claimed starting with the week the claimant 1st receives the allowance or the week the claimant receives notice from the agency paying the allowance of the amount to be paid, whichever occurs 1st.

c. An overpayment shall not result from retroactive payments for weeks prior to the paying agency notice or 1st payment, unless the claimant fails to tell the Department about the allowance.

History

  • Former Regulation 30-8; Amended effective January 3, 1975 (Supp. 75-1). Amended effective March 1, 1978 (Supp. 78-2). Amended effective July 27, 1981 (Supp. 81-4). Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Amended effective Jan 10, 1984 (Supp. 84-1). Section repealed; new Section adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-1810 Requalifications

A. The Department shall apply the definitions of wages in R6-3-1705 for requalification under this Section.

B. In determining whether a claimant has earned sufficient wages to requalify under A.R.S. §§ 23-634.01, 23-771(A)(7), 23-775(1), (2), or 23-776(A), the following shall apply:

1. The Department shall use both insured and non-insured wages, but shall not use income from self-employment.

2. The Department shall use any income, including wages from agricultural and domestic work, that would be reportable as wages on a continued claim for unemployment insurance, but shall not use income from self-employment.

C. In determining whether wages are usable for requalification purposes, the following shall apply:

1. In considering requalification under A.R.S. §§ 23-775(1), (2), and 23-776(A), the Department shall consider services performed subsequent to the date of the act that resulted in the disqualification.

2. In considering requalification under A.R.S. § 23-771(A)(7), the Department shall consider services performed during the period starting with the beginning date of a benefit year and prior to the effective date of a subsequent benefit year.

3. In considering requalification under A.R.S. § 23-634.01, the Department shall consider services performed subsequent to the week in which the failure to apply for, accept, or seek work occurred. The claimant shall document that the claimant has worked in each of at least four calendar weeks and the claimant's total wages equal at least four times the weekly benefit amount. The weeks need not be consecutive.

D. The proof required to establish wages for requalification under A.R.S. §§ 23-634.01, 23-771(A)(7), 23-775(1), (2), or 23-776(A) may consist of a check stub or other payment record, an employer statement, or W-2 form. When the employer's quarterly wage reports submitted to the Department show the contended wage items, the Department may accept the reports as proof of the wages.

E. Except for wages that are included on an employer's quarterly wage reports to the Department, the burden of establishing requalifying wages shall rest on the claimant. The Department may assist the claimant in the verification of wages that the claimant states the claimant has earned but has no proof, or insufficient proof, by contacting the employer either by telephone, in writing, or through electronic communication.

F. The Department shall not terminate a disqualification period before the end of the week in which the claimant's wages total an amount sufficient to requalify.

G. In determining whether a disqualification carries over from one benefit year to a subsequent benefit year, the following shall apply:

1. Unless a disqualification is terminated within the benefit year, the Department shall carry over a disqualification assessed in a benefit year under A.R.S. §§ 23-775(1), (2), or 23-776(A) unless the Department's wage records establish that the claimant earned sufficient wages to requalify subsequent to the date of the act that resulted in the disqualification.

2. The Department shall not carry over a disqualification assessed under A.R.S. § 23-634.01 into a subsequent benefit year.

H. In determining the amount of wages required to requalify after disqualifications, the following shall apply:

1. The amounts required to requalify after disqualification imposed under A.R.S. §§ 23-634.01, 23-775(1), (2), or 23-776(A) shall not be cumulative. The amount of wages required to terminate the largest disqualification shall remove all disqualifications, as long as the wages that are used to requalify were earned subsequent to the date of occurrence of the act that resulted in the disqualification.

2. For disqualifications under A.R.S. § 23-634.01, the work shall have been performed subsequent to the week of occurrence of the act that resulted in the disqualification and in each of at least four weeks, as shown in subsection (C)(3).

I. In determining the amount of wages required to requalify:

1. The amount of required wages to requalify under A.R.S. §§ 23-634.01, 23-775(1), (2), or 23-776(A) is based on the weekly benefit amount payable at the time the disqualification is imposed. When a revised determination of wages earned results in a change in the weekly benefit amount, the Department shall adjust the amount required to requalify after any disqualification not previously terminated, in accordance with the new weekly benefit amount and notify the claimant of the change.

2. The amount of required wages to requalify under A.R.S. § 23-771(A)(7) is based on the weekly benefit amount that would be calculated under A.R.S. § 23-779 for a subsequent benefit year. If a revised determination of wages earned results in an increase in the weekly benefit amount, the claimant shall requalify in terms of the increased weekly benefit amount. If the claimant cannot requalify at the higher amount, and has received benefits based on requalification at the previous lower amount, the Department shall establish an overpayment.

History

  • Adopted effective April 17, 1975 (Supp. 75-1). Amended effective December 10, 1976 (Supp. 76-5). Amended effective January 10, 1977 (Supp. 77-1). Correction, subsection (A), paragraph (2) incorrectly shown as amended effective January 10, 1977, subsection (B), paragraph (2) amended effective January 10, 1977 (Supp. 77-4). Amended effective August 3, 1978 (Supp. 78-4). Amended effective February 24, 1982 (Supp. 82-1). Amended by deleting subsection (I) effective August 29, 1984 (Supp. 84-4). Amended by final rulemaking at 15 A.A.R. 176, effective March 7, 2009 (Supp. 09-1).
Ariz. Admin. Code § R6-3-1811 Redetermination of Benefits

A. When a statutory revision of the Arizona Employment Security Law requires UI benefits (awards and unpaid balances) to be redetermined for claims with a benefit year current as of the effective date of the revision (law revision date) and requires payments for weeks beginning on or after the law revision date to be paid at the redetermined rate, the redetermination and related actions shall be made as stated below.

B. The claimant's benefits shall be redetermined as follows:

1. The weekly benefit amount payable for weeks beginning on or after the law revision date shall be recomputed in accordance with A.R.S. § 23-779.

2. A maximum benefit amount (MBA) shall be computed in accordance with A.R.S. § 23-780, using the new weekly amount in the recomputation. This MBA shall be utilized to redetermine the balance payable indicated in paragraph (3) below.

3. When the old balance payable is equal to the old MBA, the new balance shall be equal to the recomputed MBA. When the old balance is less than the old MBA (payments, statutory deductions, etc. were made prior to the redetermination), the new balance shall be redetermined by dividing the new MBA by the old MBA and multiplying that result by the old balance. The computed amount shall then be rounded to the nearest dollar with 50¢ being rounded to the next higher dollar.

4. A redetermination notice shall be issued to a claimant only if the recomputed weekly benefit amount is greater than the old weekly amount.

C. After the law revision date, benefit payments and other transactions for periods prior to the law revision date shall be computed using the old weekly benefit amount in the computation. The new balance payable of many claims will have been increased as indicated in (B)(3) above; therefore, the balance shall be adjusted by the transaction amount after it is adjusted by a computation similar to that in (B)(3). This will insure claimants having delayed claims transactions will be treated as equals to claimants whose transactions were processed before the law revision date.

D. Claimants are entitled to file a protest when they believe the results of the redetermination of benefits to be incorrect. The Department shall check the redetermination results by manually recomputing the claimant's benefits as indicated in (B) above. A corrected Wage Statement shall be issued if the original redetermination is found to be incorrect. If the redetermination is found to be correct, a written appealable decision shall be issued.

History

  • Adopted effective June 3, 1975 (Supp. 75-1). Amended effective December 17, 1975 (Supp. 75-2). Repealed effective May 3, 1978 (Supp. 78-3). Adopted as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted and amended effective October 30, 1979 (Supp. 79-5).
Ariz. Admin. Code § R6-3-1812 Interest on Benefit Overpayments

A. Interest will be computed in accordance with the provisions of A.R.S. § 44-1201 on the last day of each calendar month on all outstanding unemployment insurance overpayments with the following exceptions:

1. No interest shall be computed on any overpayment established during that same month.

2. The accumulation of interest on overpayments created through no fault on the part of the claimant will not begin until the sixth calendar month following the month in which the overpayment was established. If, however, a claimant not at fault in creating the overpayment has entered into an acceptable agreement for repayment and is conforming to the conditions of the agreement, the accumulation of interest will continue to be postponed as long as these conditions are met.

3. If the recoupment of an overpayment has been waived, this waiver will include any interest due at the time of waiver and no further interest will be computed.

B. Interest shall be computed monthly on the unpaid balance of the overpayment.

C. Cash payments submitted by a claimant on an unemployment insurance overpayment shall be applied first to the unpaid balance of the overpayment, next to any accumulated interest, and finally to any lien filing and/or any lien release fees.

History

  • Adopted effective October 13, 1977 (Supp. 77-5). Repealed effective July 26, 1978 (Supp. 78-4). New Section R6-3-1812 adopted effective February 24, 1982 (Supp. 82-1).
Ariz. Admin. Code § R6-3-1813 Overpayment Deduction Percentage

A. As used in A.R.S. § 23-787(D), the phrase "no reasonable attempt" means:

At least 12 months have elapsed since the Department established the overpayment and issued the most recent benefit payment; and

2. During the most recent 12 months, the claimant has not repaid at least $250 or 20% of the unpaid principal and interest balance, whichever is less. For the purpose of this subsection, the Department shall not consider funds recouped through setoff of tax refunds or Arizona lottery winnings, wage garnishments, or any other involuntary recoupment methods.

B. When the deduction amount is raised to 50%, as provided in A.R.S. § 23-787(D), it shall remain at 50% until the Department has recouped the entire overpayment.

History

  • Adopted effective December 20, 1995 (Supp. 95-4).

Article 19 RECODIFIED

Ariz. Admin. Code § R6-3-1901 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-1901 repealed, new Section R6-3-1901 adopted effective May 24, 1979 (Supp. 79-3). R6-3-1901 recodified to A.A.C. R6-14-101 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1902 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-1902 repealed, new Section R6-3-1902 adopted effective May 24, 1979 (Supp. 79-3). R6-3-1902 recodified to A.A.C. R6-14-102 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1903 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-1903 repealed, new Section R6-3-1903 adopted effective May 24, 1979 (Supp. 79-3). R6-3-1903 recodified to A.A.C. R6-14-103 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1904 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-1904 repealed, new Section R6-3-1904 adopted effective May 24, 1979 (Supp. 79-3). R6-3-1904 recodified to A.A.C. R6-14-104 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1905 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-1905 repealed, new Section R6-3-1905 adopted effective May 24, 1979 (Supp. 79-3). R6-3-1905 recodified to A.A.C. R6-14-105 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1906 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-1906 repealed, new Section R6-3-1906 adopted effective May 24, 1979 (Supp. 79-3). R6-3-1906 recodified to A.A.C. R6-14-106 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1907 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Amended effective May 17, 1976 (Supp. 76-3). Former Section R6-3-1907 repealed, new Section R6-3-1907 adopted effective May 24, 1979 (Supp. 79-3). R6-3-1907 recodified to A.A.C. R6-14-107 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1908 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-1908 repealed, new Section R6-3-1908 adopted effective May 24, 1979 (Supp. 79-3). R6-3-1908 recodified to A.A.C. R6-14-108 effective February 13, 1996 (Supp. 96-1). Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-1909 repealed, new Section R6-3-1909 adopted effective May 24, 1979 (Supp. 79-3). R6-3-1909 recodified to A.A.C. R6-14-109 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1909 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-1909 repealed, new Section R6-3-1909 adopted effective May 24, 1979 (Supp. 79-3). R6-3-1909 recodified to A.A.C. R6-14-109 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1910 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-1910 repealed, new Section R6-3-1910 adopted effective May 24, 1979 (Supp. 79-3). R6-3-1910 recodified to A.A.C. R6-14-110 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1911 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Amended effective May 17, 1976 (Supp. 76-3). Former Section R6-3-1911 repealed, new Section R6-3-1911 adopted effective May 24, 1979 (Supp. 79-3). R6-3-1911 recodified to A.A.C. R6-14-111 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-1912 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-1913 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-1914 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-1915 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-1916 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).

Article 20 RECODIFIED

Ariz. Admin. Code § R6-3-2001 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2001 repealed, new Section R6-3-2001 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2001 recodified to A.A.C. R6-14-201 effective February 13, 1996 (Supp. 96-1)
Ariz. Admin. Code § R6-3-2002 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2002 repealed, new Section R6-3-2002 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2002 recodified to A.A.C. R6-14-202 effective February 13, 1996 (Supp. 96-1)
Ariz. Admin. Code § R6-3-2003 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2003 repealed, new Section R6-3-2003 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2003 recodified to A.A.C. R6-14-203 effective February 13, 1996 (Supp. 96-1)
Ariz. Admin. Code § R6-3-2004 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2004 repealed, new Section R6-3-2004 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2004 recodified to A.A.C. R6-14-204 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2005 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975, Amended effective October 9, 1975 (Supp. 75-1). Former Section R6-3-2005 repealed, new Section R6-3-2005 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2005 recodified to A.A.C. R6-14-205 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2006 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2006 repealed, new Section R6-3-2006 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2006 recodified to A.A.C. R6-14-206 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2007 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2007 repealed, new Section R6-3-2007 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2007 recodified to A.A.C. R6-14-207 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2008 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2008 repealed, new Section R6-3-2008 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2008 recodified to A.A.C. R6-14-208 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2009 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2009 repealed, new Section R6-3-2009 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2009 recodified to A.A.C. R6-14-209 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2010 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2010 repealed, new Section R6-3-2010 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2010 recodified to A.A.C. R6-14-210 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2011 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2011 repealed, new Section R6-3-2011 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2011 recodified to A.A.C. R6-14-211 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2012 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2012 repealed, new Section R6-3-2012 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2012 recodified to A.A.C. R6-14-212 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2013 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2013 repealed, new Section R6-3-2013 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2013 recodified to A.A.C. R6-14-213 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2014 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2014 repealed, new Section R6-3-2014 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2014 recodified to A.A.C. R6-14-214 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2015 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2015 repealed, new Section R6-3-2015 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2015 recodified to A.A.C. R6-14-215 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2016 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2016 repealed, new Section R6-3-2016 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2016 recodified to A.A.C. R6-14-216 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2017 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Amended effective March 2, 1976 (Supp. 76-2). Former Section R6-3-2017 repealed, new Section R6-3-2017 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2017 recodified to A.A.C. R6-14-217 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2018 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2018 repealed, new Section R6-3-2018 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2018 recodified to A.A.C. R6-14-218 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2019 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2020 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).

Article 21 RECODIFIED

Ariz. Admin. Code § R6-3-2101 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2101 repealed, new Section R6-3-2101 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2101 recodified to A.A.C. R6-14-301 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2102 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2102 repealed, new Section R6-3-2102 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2102 recodified to A.A.C. R6-14-302 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2103 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2103 repealed, new Section R6-3-2103 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2103 recodified to A.A.C. R6-14-303 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2104 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2104 repealed, new Section R6-3-2104 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2104 recodified to A.A.C. R6-14-304 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2105 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2105 repealed, new Section R6-3-2105 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2105 recodified to A.A.C. R6-14-305 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2106 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Amended effective May 17, 1976 (Supp. 76-3). Former Section R6-3-2106 repealed, new Section R6-3-2106 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2106 recodified to A.A.C. R6-14-306 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2107 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2107 repealed, new Section R6-3-2107 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2107 recodified to A.A.C. R6-14-307 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2108 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2108 repealed, new Section R6-3-2108 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2108 recodified to A.A.C. R6-14-308 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2109 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2109 repealed, new Section R6-3-2109 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2109 recodified to A.A.C. R6-14-309 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2110 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2110 repealed, new Section R6-3-2110 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2110 recodified to A.A.C. R6-14-310 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2111 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2111 repealed, new Section R6-3-2111 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2111 recodified to A.A.C. R6-14-311 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2112 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2112 repealed, new Section R6-3-2112 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2112 recodified to A.A.C. R6-14-312 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2113 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Amended effective May 17, 1976 (Supp. 76-3). Former Section R6-3-2113 repealed, new Section R6-3-2113 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2113 recodified to A.A.C. R6-14-313 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2114 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2114 repealed, new Section R6-3-2114 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2114 recodified to A.A.C. R6-14-314 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2115 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2115 repealed, new Section R6-3-2115 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2115 recodified to A.A.C. R6-14-315 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2116 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2116 repealed, new Section R6-3-2116 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2116 recodified to A.A.C. R6-14-316 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2117 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2117 repealed, new Section R6-3-2117 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2117 recodified to A.A.C. R6-14-317 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2118 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2118 repealed, new Section R6-3-2118 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2118 recodified to A.A.C. R6-14-318 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2119 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2119 repealed, new Section R6-3-2119 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2119 recodified to A.A.C. R6-14-319 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2120 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2120 repealed, new Section R6-3-2120 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2120 recodified to A.A.C. R6-14-320 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2121 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Amended effective May 17, 1976 (Supp. 76-3). Repealed effective May 24, 1979 (Supp. 79-3). R6-3-2121 recodified to A.A.C. R6-14-321 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2122 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2122 repealed, new Section R6-3-2122 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2122 recodified to A.A.C. R6-14-322 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2123 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2123 repealed, new Section R6-3-2123 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2123 recodified to A.A.C. R6-14-323 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2124 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2124 repealed, new Section R6-3-2124 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2124 recodified to A.A.C. R6-14-324 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2125 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2125 repealed, new Section R6-3-2125 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2125 recodified to A.A.C. R6-14-325 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2126 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2126 repealed, new Section R6-3-2126 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2126 recodified to A.A.C. R6-14-326 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2127 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Amended effective March 2, 1976 (Supp. 76-2). Former Section R6-3-2127 repealed, new Section R6-3-2127 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2127 recodified to A.A.C. R6-14-327 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2128 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2129 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2130 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2131 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2132 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2133 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2134 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2135 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2136 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2137 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2138 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2139 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2140 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).

Article 22 RECODIFIED

Ariz. Admin. Code § R6-3-2201 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2201 repealed, new Section R6-3-2201 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2201 recodified to A.A.C. R6-14-401 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2202 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2203 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2203 repealed, new Section R6-3-2203 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2203 recodified to A.A.C. R6-14-402 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2204 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2205 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2206 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2207 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2208 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2209 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2210 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2211 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2212 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2213 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2214 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2215 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2216 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2217 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2218 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2219 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2220 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2221 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2222 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2223 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2224 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2225 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed effective May 24, 1979 (Supp. 79-3).

Article 23 RECODIFIED

Ariz. Admin. Code § R6-3-2301 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2301 repealed, new Section R6-3-2301 adopted as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Former Emergency Adoption now adopted and amended effective March 11, 1980 (Supp. 80-2). R6-3-2301 recodified to A.A.C. R6-14-501 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2302 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2302 repealed, new Section R6-3-2302 adopted as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Former Emergency Adoption now adopted and amended effective March 11, 1980 (Supp. 80-2). R6-3-2302 recodified to A.A.C. R6-14-502 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2303 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2303 repealed, new Section R6-3-2303 adopted as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Former Emergency Adoption now adopted effective March 11, 1980 (Supp. 80-2). R6-3-2303 recodified to A.A.C. R6-14-503 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2304 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2304 repealed, new Section R6-3-2304 adopted as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Former Emergency Adoption now adopted and amended effective March 11, 1980 (Supp. 80-2). R6-3-2304 recodified to A.A.C. R6-14-504 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2305 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2305 repealed, new Section R6-3-2305 adopted as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Former Emergency Adoption now adopted effective March 11, 1980 (Supp. 80-2). R6-3-2305 recodified to A.A.C. R6-14-505 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2306 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2306 repealed, new Section R6-3-2306 adopted as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Former Emergency Adoption now adopted and amended effective March 11, 1980 (Supp. 80-2). R6-3-2306 recodified to A.A.C. R6-14-506 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2307 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2307 repealed, new Section R6-3-2307 adopted as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Former Emergency Adoption now adopted and amended effective March 11, 1980 (Supp. 80-2). R6-3-2307 recodified to A.A.C. R6-14-507 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2308 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).
Ariz. Admin. Code § R6-3-2309 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).
Ariz. Admin. Code § R6-3-2310 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).
Ariz. Admin. Code § R6-3-2311 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).
Ariz. Admin. Code § R6-3-2312 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).
Ariz. Admin. Code § R6-3-2313 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).
Ariz. Admin. Code § R6-3-2314 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).
Ariz. Admin. Code § R6-3-2315 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).
Ariz. Admin. Code § R6-3-2316 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).
Ariz. Admin. Code § R6-3-2317 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).
Ariz. Admin. Code § R6-3-2318 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).
Ariz. Admin. Code § R6-3-2319 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).
Ariz. Admin. Code § R6-3-2320 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Repealed as an emergency effective May 24, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-3). Repealed effective March 11, 1980 (Supp. 80-2).

Article 24 RECODIFIED

Ariz. Admin. Code § R6-3-2401 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Amended effective May 6, 1976 (Supp. 76-3). Former Section R6-3-2401 repealed, Section R6-3-2402 renumbered as Section R6-3-2401 effective July 25, 1977 (Supp. 77-4). Former Section R6-3-2401 repealed, new Section R6-3-2401 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2401 recodified to A.A.C. R6-14-601 effective February 3, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2402 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2402 repealed, new Section R6-3-2402 adopted effective May 6, 1976 (Supp. 76-3). Former Section R6-3-2402 renumbered as Section R6-3-2401, Section R6-3-2403 renumbered as Section R6-3-2402 effective July 25, 1977 (Supp. 77-4). Former Section R6-3-2402 repealed, new Section R6-3-2402 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2402 recodified to A.A.C. R6-14-602 effective February 3, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2403 [REPEALED]

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Former Section R6-3-2403 repealed, new Section R6-3-2403 adopted effective May 6, 1976 (Supp. 76-3). Former Section R6-3-2403 renumbered as Section R6-3-2402, Section R6-3-2404 renumbered as Section R6-3-2403 effective July 25, 1977 (Supp. 77-4). Repealed effective May 24, 1979 (Supp. 79-3).
Ariz. Admin. Code § R6-3-2404 Recodified

History

  • Not in original publication, correction, Amended as an emergency effective June 16, 1975 (Supp. 75-1). Amended effective May 6, 1976 (Supp. 76-3). Former Section R6-3-2404 renumbered as Section R6-3-2403 effective July 25, 1977 (Supp. 77-4). New Section R6-3-2404 adopted effective May 24, 1979 (Supp. 79-3). R6-3-2404 recodified to A.A.C. R6-14-604 effective February 3, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2405 Recodified

History

  • Adopted effective May 24, 1979 (Supp. 79-3). R6-3-2405 recodified to A.A.C. R6-14-605 effective February 3, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2406 Recodified

History

  • Adopted effective May 24, 1979 (Supp. 79-3). R6-3-2406 recodified to A.A.C. R6-14-606 effective February 3, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2407 Recodified

History

  • Adopted effective May 24, 1979 (Supp. 79-3). R6-3-2407 recodified to A.A.C. R6-14-607 effective February 3, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2408 Recodified

History

  • Adopted effective May 24, 1979 (Supp. 79-3). R6-3-2408 recodified to A.A.C. R6-14-608 effective February 3, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-3-2409 Reserved
Ariz. Admin. Code § R6-3-2410 Recodified

History

  • Adopted effective May 24, 1979 (Supp. 79-3). R6-3-2410 recodified to A.A.C. R6-14-610 effective February 3, 1996 (Supp. 96-1).

Article 25 REPEALED

Ariz. Admin. Code § R6-3-2501 [REPEALED]

History

  • Adopted as an emergency effective March 5, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-2). Emergency expired. New Section R6-3-2501 now adopted as a permanent rule effective June 29, 1984 (Supp. 84-3). Repealed effective September 12, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-2502 [REPEALED]

History

  • Adopted as an emergency effective March 5, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-2). Emergency expired. New Section R6-3-2502 now adopted as a permanent rule effective June 29, 1984 (Supp. 84-3). Repealed effective September 12, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-2503 [REPEALED]

History

  • Adopted as an emergency effective March 5, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-2). Emergency expired. New Section R6-3-2503 now adopted as a permanent rule effective June 29, 1984 (Supp. 84-3). Repealed effective September 12, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-2504 [REPEALED]

History

  • Adopted as an emergency effective March 5, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-2). Emergency expired. New Section R6-3-2504 now adopted as a permanent rule effective June 29, 1984 (Supp. 84-3). Repealed effective September 12, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-2505 [REPEALED]

History

  • Adopted as an emergency effective March 5, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-2). Emergency expired. New Section R6-3-2505 now adopted as a permanent rule effective June 29, 1984 (Supp. 84-3). Repealed effective September 12, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-2506 [REPEALED]

History

  • Adopted as an emergency effective March 5, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-2). Emergency expired. New Section R6-3-2506 now adopted as a permanent rule effective June 29, 1984 (Supp. 84-3). Repealed effective September 12, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-2507 [REPEALED]

History

  • Adopted as an emergency effective March 5, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-2). Emergency expired. New Section R6-3-2507 now adopted as a permanent rule effective June 29, 1984 (Supp. 84-3). Repealed effective September 12, 1997 (Supp. 97-3).

Article 50 VOLUNTARY LEAVING BENEFIT POLICY

Ariz. Admin. Code § R6-3-5001 Reserved
Ariz. Admin. Code § R6-3-5002 Reserved
Ariz. Admin. Code § R6-3-5003 Reserved
Ariz. Admin. Code § R6-3-5004 Reserved
Ariz. Admin. Code § R6-3-5005 General Provisions

A. For the purpose of interpreting A.R.S. § 23-775(1), the following phrases have the meanings prescribed in this subsection:

1. "In connection with the employment" means a condition related to employment caused a worker to leave employment. If the employer changes the conditions or terms of employment, and the changes affect the worker's personal affairs, the worker leaves employment in connection with the employment rather than as a result of personal circumstances.

2. "Left work voluntarily" means that a worker terminated the worker-employer relationship and intended to do so.

B. For the purpose of interpreting A.R.S. § 23-727(D), the following phrases have the meanings prescribed in this subsection:

1. "Compelling personal reasons" mean causes which arise from a worker's personal circumstances rather than from a condition created by or relating solely to the employment and which leave the worker with no reasonable alternative but to end the employment relationship.

2. "Not attributable to the employer" means that an employer committed no act or omission to make an employment relationship unsuitable for a worker.

History

  • Former Rule number - Voluntary Leaving 5. - 5.l. Former Rule repealed, new Section R6-3-5005 adopted effective January 24, 1977 (Supp. 77-1). Amended effective February 15, 1978 (Supp. 78-1). Amended subsection (C), paragraphs (1) and (2) effective July 24, 1980 (Supp. 80-4). Section repealed; new Section adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-5006 through R6-3-5039 Reserved
Ariz. Admin. Code § R6-3-5040 Attendance at School or Training Course

A. Leaving to Attend School. Except as provided in subsection (B), a worker who leaves a job to attend school or training quits voluntarily without good cause in connection with the work.

B. Leaving for Approved Training. A worker approved for and attending training as prescribed in A.R.S. § 23-771.01 and A.A.C. R6-3-1809 leaves work for a compelling personal reason if the work:

1. Was temporary employment during school vacation periods or other breaks and the worker leaves work to continue training when school reopens; or

Hinders the worker from making satisfactory progress in school.

History

  • Former Rule number - Voluntary Leaving 40. Former Rule repealed, new Section R6-3-5040 adopted effective January 24, 1977 (Supp. 77-1). Amended effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-5041 through R6-3-5049 Reserved
Ariz. Admin. Code § R6-3-5050 [REPEALED]

History

  • Former Rule number - Voluntary Leaving 50. Former Rule repealed, new Section R6-3-5050 adopted effective January 24, 1977 (Supp. 77-1). Section repealed effective July 22, 1997 (Supp. 97-3).

Article 51 DISCHARGE BENEFIT POLICY

Ariz. Admin. Code § R6-3-5101 Reserved
Ariz. Admin. Code § R6-3-5102 Reserved
Ariz. Admin. Code § R6-3-5103 Reserved
Ariz. Admin. Code § R6-3-5104 Reserved
Ariz. Admin. Code § R6-3-5105 General (misconduct)

A. Misconduct.

1. The following constitute misconduct sufficient to disqualify a worker from receipt of unemployment insurance benefits pursuant to A.R.S. § 23-775(2):

a. An act of wanton or willful disregard of the employer's interest;

b. A deliberate violation of the employer's rules;

c. A disregard of standards of behavior that the employer has the right to expect of an employee; or

d. Negligence to such a degree, or a recurrence of negligence that:

i. Manifests culpability, wrongful intent, or evil design; or

ii. Shows an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to the employer.

2. A worker does not need to have intended to wrong the employer for the Department to find misconduct connected with the work. Misconduct may be established if there is:

a. Indifference to and neglect of the duties required of the worker by the contract or terms of employment; or

b. A material breach of any material lawful duty required under the employment contract or terms of employment, when the employer expressly or impliedly sets forth the duty to the worker and the facts show the worker should have reasonably been able to avoid the situation that brought about the discharge.

i. In determining whether a worker should have been reasonably expected to have avoided the situation that caused the discharge, the Department shall consider the worker's knowledge of the worker's responsibilities through past experience, explanations, warnings, or other similar occurrences.

ii. The Department shall evaluate the materiality of a duty and the materiality of the breach of the duty by considering what is customary in the type of business in which the worker was employed.

B. Discharge for a compelling personal reason not attributable to the employer.

1. The Department ordinarily restricts the determination of a separation from work for compelling personal reasons not attributable to the employer to circumstances that have no direct relationship to a worker's employment and the worker left employment for a cause beyond the worker's control. However, the Department may make a determination that the worker was discharged for a compelling personal reason not attributable to the employer when the employer discharged the worker under subsections (B)(2), (3), and (4).

2. The Department may determine that the worker was discharged for a compelling personal reason not attributable to the employer when:

a. The employer had no reasonable alternative but to discharge the worker; and

b. One or more of the following circumstances is present:

i. The worker was discharged because of an absence due to incarceration that is determined not to be misconduct under R6-3-5115(E)(1);

ii. The worker was discharged because of a physical or mental condition that might have endangered the worker's own safety on the job or the safety of others, such as epilepsy or active tuberculosis; or

iii. The worker was discharged because the worker was unable to properly perform the work due to a physical or mental condition; or

iv. The worker was discharged because the employer entered into an agreement with another party, other than the worker, that would result in a violation by the employer of a federal or state law if the worker were retained in employment.

3. The Department shall determine that a discharge was for a compelling personal reason not attributable to the employer when a worker was discharged because of events beyond the worker's reasonable control as a result of the worker being a victim of domestic violence, as defined in A.R.S. §§ 13-3601 and 13-3601.02. Examples of such events are the worker receiving unsolicited phone calls, unauthorized visitors, or other types of harassment at the work place.

4. The Department shall determine that a discharge was for a compelling personal reason not attributable to the employer if:

a. The worker's employment was terminated because the worker's employer was called into active duty in the military; or

b. The worker's employment was terminated because a former employee of the employer returned to work for the employer after having been called into active duty in the military, displacing the worker.

History

  • Former Rule number Misconduct 5. - 5.1. Former Rule repealed, new Section R6-3-5105 adopted effective January 24, 1977 (Supp. 77-1). Amended effective February 15, 1978 (Supp. 78-1). Amended as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted effective October 30, 1979 (Supp. 79-5). Amended subsection (B)(1), (2), and (3) effective July 24, 1980 (Supp. 80-4). Amended subsection (A) effective February 24, 1982 (Supp. 82-1). Amended effective December 20, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 87, effective December 20, 2006 (Supp. 06-4). Amended by final rulemaking at 17 A.A.R. 1090, effective May 3, 2011 (Supp. 11-2).
Ariz. Admin. Code §§ R6-3-5106 through R6-3-5114 Reserved
Ariz. Admin. Code § R6-3-5115 Absence (misconduct 15)

A. General (Misconduct 15.05)

1. Implicit in the work relationship is the duty of the employee to report for work and remain at work in accordance with the reasonable requirements of his employer. This duty is not absolute, but is qualified by circumstances relative to the situation of both employee and employer. In determining if a claimant's absence from work is a disregard of his employer's interest due regard must be accorded to the customs and conditions of work.

2. If it is customary for employees where the claimant worked to take a day off without pay, a claimant who does so and is discharged is not deemed to have been discharged for misconduct unless the circumstances indicate that he could reasonably have known that his employer would be injured by his absence.

3. When a claimant is discharged for not appearing at work on a day when he customarily does not work, his dismissal is generally for reasons other than misconduct.

4. An exception to the general rules of absence is the discharge of a claimant because of an absence due to incarceration for a first offense. Refer to R6-3-5115(E), "Absence due to incarceration."

B. Notice (Misconduct 15.1)

1. Generally, a claimant's failure to give proper notice of his absence from work in time to permit the employer to make such arrangements as he deems necessary to replace him is tantamount to misconduct connected with the work. However, inability to notify usually justifies a failure to give notice. If the claimant made all reasonable efforts to reach his employer, but could not, failure to give notice is not misconduct.

2. The practices of the employing establishment should be considered in determining what constitutes adequate notice. Absences for causes beyond the claimant's control may be misconduct if the facts establish that notice could have been given and the employer was inconvenienced, not because of the absence, but because of the lack of notice. A claimant's absence from work for causes beyond his control with proper notice at the earliest opportunity is not misconduct. In certain instances notice of absence is unnecessary or waived such as:

a. When the employer has independent knowledge of the claimant's inability to be at work; or

b. When it has been established by custom that notice is unnecessary; or

c. When a claimant is the recipient of a severe shock such as the death of a member of his family.

Discharge because of failure to provide notice of absence due to incarceration should be adjudicated in accordance with rule R6-3-5115(E).

C. Permission (Misconduct 15.15)

1. It is reasonable for employer(s) to require that their employees request permission to be absent from work when such absence may be anticipated. A prudent worker will normally request permission and will not take time off when his request is refused.

2. When a claimant is denied permission for an impending absence from work and is absent- despite the employer's refusal, the necessity for the absence and his employer's reason for not granting permission must be weighed. The claimant's separation from work under such circumstances would be considered misconduct connected with his work; unless

a. The employer has denied a legitimate leave request without valid reason; or

b. The claimant would suffer serious detriment if he did not take time off work; or

c. The claimant was absent for a compelling personal reason.

3. Failure of a claimant to request permission for an anticipated absence does not of itself constitute misconduct. Such cases should be evaluated in accordance with R6-3-5115(B), "Notice" and R6-3-5115(D), "Reasons for absence."

D. Reasons for absence (Misconduct 15.2)

1. A claimant who is discharged due to absences beyond his control such as illness, accident, unavoidable delay in transportation, urgent domestic responsibilities and the like is discharged for reasons other than misconduct. Even repeated absences for these causes are not deemed to be misconduct if the facts indicate the absence could not have been avoided. However, failure to give notice of such absences may constitute misconduct. Failure to give notice is discussed in R6-3-5115(B), "Notice."

2. Absence from work due to reasonably pressing domestic circumstances is not misconduct when proper notice is given. For example: serious illness or death of a close relative is deemed of such pressing circumstances as to justify the absence.

3. A claimant's discharge is considered to be for misconduct connected with his work when he is discharged because of an absence from work; when

a. He is absent for a capricious reason; or

b. He is absent for causes he does not substantiate, or gives no excuse for; or

c. He is absent from work due to intoxication.

E. Absence due to incarceration (Misconduct 15.25)

1. A discharge for absence due to incarceration is disqualifying when:

a. The claimant did not properly notify, or failed to make a reasonable effort to properly notify the employer of his absence; or

b. The evidence clearly indicates that the claimant could have avoided his incarceration by the payment of a fine; or

c. The claimant was incarcerated for a second time while working for his last employer; or

d. The claimant was confined for a period in excess of 24 hours, and the available evidence tends to establish that he committed the offense for which he was confined.

2. A claimant who is discharged because of an absence or failure to give notice due to incarceration is separated from work for a compelling personal reason not attributable to his employer when the separation is determined not to be misconduct under rule R6-3-5115(E)(1).

3. If a claimant was discharged because of the offense which caused his incarceration the determination should be based on rule R6-3-51490, "Violation of law".

History

  • Former Rule number Misconduct 15. - 15.25. Former Rule repealed, new Section R6-3-5115 adopted effective January 24, 1977 (Supp. 77-1). Amended effective February 15, 1978 (Supp. 78-1). Amended effective August 3, 1978 (Supp. 78-4). Amended subsection (E)(2) effective July 24, 1980 (Supp. 80-4).
Ariz. Admin. Code §§ R6-3-5116 through R6-3-5144 Reserved
Ariz. Admin. Code § R6-3-5145 Attitude toward Employer (misconduct 45)

A. General (Misconduct 45.05)

1. In order for an act by a worker to be considered misconduct, it must be established that the results of the act had, or could have had, an adverse affect on the employer's interests.

2. When a rule or standard of conduct normally applied in all employment relationships is violated, misconduct can be presumed but not established in every case. This would include matters involving prompt and regular attendance, dishonesty, violation of law, etc.

3. To establish misconduct the act must have adversely affected the employer in his capacity as an employer and not as a private individual. Thus, if the worker is discharged because of an off-duty incident involving the employer and the interest of the employer adversely affected is not related to his position as an employer the claimant is discharged for reasons other than misconduct.

4. In order for misconduct to be established the employer need not have actually suffered damage as a result of the worker's act, the potentiality for damage must also be considered. In many cases it may be established that his interests could have been adversely affected by the commission or omission of the act.

5. In cases where a disregard of an implied obligation results in dismissal the adjudicator should consider any warnings the worker may have received for the same or similar violations since they draw the worker's attention to that which is expected.

B. Agitation or criticism (Misconduct 45.1)

1. When a worker expresses dissatisfaction with his employer or stirs up resentment against his employer, the conditions under which the action occurs and the worker's reason for taking such action will determine whether misconduct connected with the work is established.

2. Individual or group expressions of dissatisfaction with wages or other working conditions, or attempts to organize other workers to express such dissatisfaction, are not misconduct when made in a manner that does not jeopardize the employer's business. Generally, when such actions are taken outside working hours and remain within the boundaries of reasonableness, misconduct will not be found.

3. When a worker creates or expresses dissatisfaction, discontent, or resentment toward his employer for purposes other than to remedy problems, or improve working conditions, there is a strong indication of misconduct.

4. Misconduct may be found in the actions of a worker whose unreasonable agitation or criticism stemmed from an intent to resolve grievances or to improve work conditions when such actions result in insubordination, material neglect of duties, etc.

C. Competing with employer or aiding competitor (Misconduct 45.15)

1. A worker who is discharged for engaging in a business, whether or not it is his own, that is in competition with the employer is discharged for disqualifying reasons. Even though he may be performing the work on his own time, if it is work which could have been performed by the employer, his actions are a disregard of the employer's interests.

2. Misconduct may be indicated when an employee recommends a competitor of his employer to a customer who desires a service or product the employer can furnish.

3. If an employer has an established rule which prohibits salesmen from carrying a competing line of merchandise, violation of such rule constitutes misconduct.

D. Damage to equipment or materials (Misconduct 45.25)

1. If a worker causes damage to, or creates a situation of potential damages to an employer's property, equipment or materials through indifference or carelessness, misconduct may be established.

While minor instances of carelessness or negligence may not amount to indifference, repetition, especially after warning(s) establishes a disregard of the employer's interest and constitutes misconduct connected with the work. For a further discussion of negligence and accidents see R6-3-51300 and R6-3-51310.

E. Disloyalty (Misconduct 45.3)

F. Disloyalty to employer (Misconduct 45.31)

Disloyalty is misconduct when manifested by acts or omissions by a worker which establish a breach or the obligations owed his employer.

2. Conspiring with fellow employees or others to cause damage or loss or ignoring a duty to act to prohibit loss or dam age to the employer is disloyalty and is disqualifying.

3. Knowingly, speaking or demonstrating against the employer's product(s) or operation in a manner which could adversely affect the confidence of customers or damage the reputation of the employer constitutes a disregard of the employer's interest.

G. Security clearance (Misconduct 45.32). A worker discharged because he cannot be cleared by the employer for access to classified security information which is required for the job is deemed to have been discharged for misconduct connected with the work if he knew or could reasonably be expected to know that clearance would be required and intentionally gave false or misleading information, or knowingly failed to disclose information that might affect his security clearance.

H. Indifference (Misconduct 45.35)

1. Normally a worker's lack of interest in the plans, purpose, or goals of his employer is not misconduct if the worker performs his own duties in a generally satisfactory manner.

2. A worker who is discharged because he is not interested in or is considered not suited for promotion is not discharged for misconduct.

3. Isolated acts of inefficiency, inability, errors in judgment or discretion, as well as single acts of ordinary negligence, do not establish indifference to a degree that warrants a finding of misconduct. Only when such indifference amounts to a serious neglect of the duties and responsibilities assigned to the worker would misconduct be indicated. In determining when neglect shows a degree of indifference warranting disqualification, the nature of the neglect, the number of instances of neglect, the worker's understanding of his duties as pointed out through expressed rules, warnings, etc., must be considered. See R6-3-51310.

I. Injury to employer through relations with patron (Misconduct 45.4)

1. It is of unusual importance to employers, who rely on public acceptance of their products or service, to have their employees serve the public in such a manner that the customer is pleased.

2. It should be remembered, however, that in constantly dealing with the public, some friction will occur. Although an employer may well adopt the attitude that in such frictional situations the customer is always right, this is not necessarily so. Thus, an employee discharged because of some disagreement with a customer, is generally not to be disqualified unless he has allowed himself to act out of all proportion to the cause of the dispute.

History

  • Former Rule number Misconduct 45. - 45.4. Former Rule repealed, new Section R6-3-5145 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-5146 through R6-3-5184 Reserved
Ariz. Admin. Code § R6-3-5185 Connected with Work (misconduct 85)

A. A disqualification for misconduct is assessed only when a claimant's discharge is determined to be in "connection with the work." Any action by a worker in the course of his duties, or committed on the employer's premises during working hours is connected with the work.

B. Generally, what a worker does when he is off work is of no concern to the employer and the employer has no basis for holding him accountable for his off-duty conduct. However, when a worker's off-duty conduct bears such a relationship to his job as to render him unsuitable to continue in his job because of the adverse affect it would have on the employer's operation, such off-duty action would be connected with the work.

C. If an employee's duties and responsibilities are such that his actions while off-duty may adversely affect the reputation, public trust, or confidence on which his employer's business is dependent his off-duty misconduct may be connected with the work.

D. Adjudicators should refer to the following sections of the Policy rules for guidance on specific off-duty conduct issues:

Absence due to incarceration R6-3-5115(E)

Intoxicants and use of intoxicants R6-3-51270

Garnishment R6-3-51485(B)

Violation of law R6-3-51490

History

  • Former Rule number Misconduct 85. Former Rule repealed, new Section R6-3-5185 adopted effective January 24, 1977 (Supp. 77-1). Amended subsection (D) effective July 9, 1980 (Supp. 80-4).

Article 52 ABLE AND AVAILABLE FOR WORK

Ariz. Admin. Code § R6-3-5201 Reserved
Ariz. Admin. Code § R6-3-5202 Reserved
Ariz. Admin. Code § R6-3-5203 Reserved
Ariz. Admin. Code § R6-3-5204 Reserved
Ariz. Admin. Code § R6-3-5205 General

An unemployed claimant is eligible to receive benefits under A.R.S.§ 23-771 for a work week if the Department finds that the claimant was able and available to work during that week.

1. In order to conform to and carry out the meaning and intent of A.R.S. § 23-771, the word "is" as used in paragraph (3) of that section should be construed to mean "was" with respect to the week in question.

21. Availability for work is the readiness of a claimant to accept suitable work when offered. To be available for work, a claimant shall be:

a. Accessible to a labor market;

b. Ready to work on a full-time basis;

c. Free from personal circumstances that interfere with the claimant's ability to accept and undertake some form of full-time work; and

d. Actively seeking work or following a course of action reasonably designed to result in the claimant's prompt reemployment in full-time work.

3 2. The criterion is availability for work, rather than availability of work. The willingness or unwillingness of an employer to hire is irrelevant.

4 3. The term "work" means suitable work (work that is in a recognized occupation, for which the claimant is reasonably qualified and that the claimant does not have good cause to refuse).

5 4. "Availability for work" is a relative term. The objective of availability is to determine whether a claimant is genuinely and regularly attached to the labor market. "Availability for work" also is the relationship between the restrictions imposed by a claimant and the job requirements of the work that the claimant is qualified to perform. It implies that restrictions do not unduly lessen the possibilities of the claimant accepting suitable work. Unreasonable restrictions that substantially limit employment opportunities result in unavailability. Whether the restrictions are unreasonable depends on their source, as well as their effect on the possibilities of employment.

5. A claimant's eligibility is not impaired when the claimant is physically unable to work, or engaged in activities that would prevent the claimant from working, provided:

a. The period involved is not more than one full calendar day, and

b. The inability or activities do not reduce or jeopardize the claimant's opportunities for employment.

6. A claimant who is unable to work full-time because of an established disability is not ineligible as long as the claimant is:

a. Seeking work up to the limit of the claimant's disability;

b. Is not completely unable to work; and

c. Able to work part time as provided by medical evidence that the restriction is due to a disability.

The Department shall consider only the working days in the claimant's customary occupation when applying the one day's inability to work or unavailability for work. "One working day" means a normal work shift. A normal shift for any claimant is what is standard for the claimant's occupation. If the claimant is not able or available for more than a full shift, the claimant is ineligible for benefits.

a. The claimant refused a job or referral;

b. The claimant failed to comply with his union registration or referral regulations;

c. The Job Service or the claimant's union tried to contact the claimant for possible referral, but was unable to do so;

d. An employer made an effort to contact the claimant for a job offer or interview, but was unable to do so.

8. The Department shall determine whether a claimant's activities during a working day have reduced or jeopardized the claimant's employment opportunities. This determination must be made objectively. For example, under any of the following situations, a claimant's activities on the day in question may have reduced or jeopardized the claimant's employment opportunities:

a. The claimant refused a job or referral;

b. The claimant failed to comply with the claimant's union registration or referral regulations;

c. The Department or the claimant's union tried to contact the claimant for possible referral but was unable to do so; or

d. An employer made an effort to contact the claimant for a job offer or interview, but was unable to do so.

8 9. In applying this rule, the nature of the claimant's activities is not a factor. It is immaterial whether the activities resulted from compelling circumstances or from normal activities of people in general.

History

  • Former rule number - Able and Available 5. Former rule repealed, new Section R6-3-5205 adopted effective January 24, 1977 (Supp. 77-1). Amended by final rulemaking at 24 A.A.R. 1417, effective 6/19/2018.
Ariz. Admin. Code §§ R6-3-5206 through R6-3-5239 Reserved
Ariz. Admin. Code § R6-3-5240 Attendance at School or Training Course

A. In this rule, "full-time student" means a person who:

1. Satisfies the criteria for being a full-time student, as established by the school the student is attending;

2. Is a part-time student at 2 different schools if the number of the student's combined hours meets at least 1 school's definition of full-time student; or

3. Would be considered a full-time student under (1) or (2) and is enrolled in online courses that require the student to attend online lectures, participate in "blackboard" discussions, or be involved in other activities at a specific time that falls within the normal work day, unless the claimant meets one of the exceptions in (B)(1).

B. Except as otherwise provided in A.R.S. § 23-771.01 and A.A.C. R6-3-1809, a claimant who is or was a full-time student during the most recent regular school term is presumed unavailable for work.

1. A claimant who is currently attending school may remove the presumption of unavailability through 1 of the methods described in this subsection.

a. The claimant shows a pattern of concurrent, full-time work and full-time school attendance for the 9 month period before the claimant files an initial claim for unemployment insurance, and the claimant has not, in order to attend school or a training course:

i. Left suitable full-time work,

ii. Refused suitable full-time work, or

iii. Reduced the hours of work to part-time;

b. The claimant, who cannot establish a 9-month pattern of concurrent full-time work and full-time school attendance because the claimant was engaged in active military service or other similar service for the United States during that period shows that the claimant:

i. Is conducting a work search as prescribed in R6-3-52160, and

ii. Is willing to change class hours or drop classes to accept suitable full-time work, or

iii. Is able to work full time during hours other than the class hours.

c. The claimant shows that the claimant attends classes only at night and is experienced at and seeking work readily available during daytime hours.

d. The claimant is enrolled in online courses that allow the student to complete the courses at any time including evenings and weekends. The Department considers a claimant taking full time classes that fall into this category a "night" student and claimant may be eligible if the claimant is willing to accept full time work that falls during the claimant's normal occupation work hours, and claimant is seeking this type of work.

2. A claimant who is not currently attending school, but who attended school as a full-time student during the most recent regular term, may remove the presumption of unavailability if the claimant:

a. Graduated or completed the course,

b. Discontinued school prior to the end of the term, or

c. Does not intend to return for the next regular term.

C. A claimant attending school as a part-time student is presumed available for work when the claimant establishes that:

1. Schooling is incidental to full-time employment,

2. The claimant did not leave full-time work to enroll as a part-time student, and

3. There is full-time work available during hours other than the time when the claimant attends classes, or

4. The claimant will change the hours of school attendance or drop classes in order to accept full-time work.

D. A claimant attending a training course of less than 4 weeks' duration is eligible for benefits if:

1. The course is sponsored by an employer who will employ the claimant upon the claimant's successful completion of the course, or

2. The course provides a vocational evaluation or other service that assists the claimant in becoming reemployed.

History

  • Former rule number - Able and Available 40. - 40.1. Former rule repealed, new Section R6-3-5240 adopted effective January 24, 1977 (Supp. 77-1). Amended subsection (A)(1) and (2) effective July 9, 1980 (Supp. 80-4). Section repealed; new Section adopted effective July 22, 1997 (Supp. 97-3). Amended by final rulemaking at 24 A.A.R. 1415, effective 6/19/2018.
Ariz. Admin. Code § R6-3-5241 Reserved
Ariz. Admin. Code § R6-3-5242 Reserved
Ariz. Admin. Code § R6-3-5243 Reserved
Ariz. Admin. Code § R6-3-5244 Reserved
Ariz. Admin. Code § R6-3-5245 Disloyalty (able and Available 45)

Security clearance (Able and Available 45.32). Any person unable to obtain employment in his work classification because he has been denied access to classified security information shall be held unavailable for work unless it is determined he is available for other suitable work for which a security clearance is not required.

History

  • Former rule number - Able and Available 45. - 45.32. Former rule repealed, new Section R6-3-5245 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-5246 through R6-3-5269 Reserved
Ariz. Admin. Code § R6-3-5270 Citizenship or Residence Requirements (able and Available 70)

A. An alien claimant who is residing illegally in the United States is unavailable for work.

B. A claimant lawfully in the United States who will not be hired by certain employers because he is an alien, is available for work provided work not requiring citizenship exists in reasonable quantity in the area in which he resides, and he will accept such work.

C. A claimant lawfully in the United States who lacks citizenship and restricts himself solely to work requiring citizenship is unavailable for work.

History

  • Former rule number - Able and Available 70. Former rule repealed, new Section R6-3-5270 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-5271 through R6-3-5289 Reserved
Ariz. Admin. Code § R6-3-5290 Conscientious Objection (able and Available 90)

A claimant who places certain restrictions upon his availability because of religious convictions may be held available for work if it can be shown that work for which he is qualified exists within these limitations, or if he has previously performed full-time work under such limitations.

History

  • Former rule number - Able and Available 90. Former rule repealed, new Section R6-3-5290 adopted effective January 24, 1977 (Supp. 77-1).

Article 53 REFUSAL OF WORK BENEFIT POLICY

Ariz. Admin. Code § R6-3-5301 Reserved
Ariz. Admin. Code § R6-3-5302 Reserved
Ariz. Admin. Code § R6-3-5303 Reserved
Ariz. Admin. Code § R6-3-5304 Reserved
Ariz. Admin. Code § R6-3-5305 General; Definitions

A. As used in A.R.S. § 23-776(A), "when so directed by the employment office or the department" means that an employment office, as defined in A.R.S. § 23-616, or another placement service within the Department, has provided a referral to a job opening.

B. Except as provided in subsection (C)(2) and R6-3-53335, the offer of work shall be an offer from a new employer.

C. The Department shall not disqualify a claimant for a refusal of work even though the offered work was suitable if either condition listed in this subsection exists.

1. The claimant had good cause for the refusal. In this subsection, good cause means personal circumstances beyond the claimant's reasonable control and includes the following:

a. The claimant had a reasonable prospect of other work,

b. The claimant was ill, or

c. The claimant lacked transportation or child care.

2. A continuing employer-employee relationship exists between the claimant and an employer who maintains a temporary or on-call roster of workers, and the work offered by this employer is for a period of 2 days or less. The Department shall determine the claimant's eligibility for benefits for the week in which the work was offered in accordance with R6-3-5205(7) . Examples of employment in which a continuing employer-employee relationship exists are substitute teachers or workers registered with a temporary services agency.

D. In subsection (C)(1)(a), a reasonable prospect of other work includes:

1. A definite offer and acceptance of a job to begin at a definite time,

2. A definite promise of a job although the starting date is an estimate by the employer, or

3. The knowledge of a Department representative that jobs will soon be available in the claimant's occupation.

History

  • Former rule number - Refusal of Work 5. Former rule repealed, new Section R6-3-5305 adopted effective January 24, 1977 (Supp. 77-1). Section repealed; new Section adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-5306 through R6-3-5339 Reserved
Ariz. Admin. Code § R6-3-5340 [REPEALED]

History

  • Former rule number - Refusal of Work 40. Former rule repealed, new Section R6-3-5340 adopted effective January 24, 1977 (Supp. 77-1). Section repealed effective July 22, 1997 (Supp. 97-3).

Article 54 BENEFIT CLAIMS, COMPUTATION, EXTENSION, AND OVERPAYMENT

Ariz. Admin. Code §§ R6-3-5401 through R6-3-5439 Reserved
Ariz. Admin. Code § R6-3-5440 [REPEALED]

History

  • Former rule number -- Miscellaneous 40. Former rule repealed, new Section R6-3-5440 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-5441 through R6-3-5459 Reserved
Ariz. Admin. Code § R6-3-5460 Benefit Computation Factors (miscellaneous 60)

Disqualification period (Miscellaneous 60.2)

1. Disqualification begins with the first day of the calendar week during which the claimant left work voluntarily without good cause in connection with the employment or was discharged for misconduct.

2. The date the claimant quit work is the day he severed his employment. The date of discharge is the day the employer terminated his employment.

3. When an employee's separation occurs when he is absent from work, his date of termination is:

a. The date one party notifies the other that there will be no return to work.

b. The first working day following the expiration date of the leave of absence if the employee fails to return at the end of a leave of absence.

c. The date the employer took action to remove the employee's name from the payroll records unless the employee was earlier notified by the employer that his employment was terminated.

d. The first working day following the expiration of the leave, if no work is available when the employee returns from the leave.

e. The date on which the employee reapplies to the employer for work if it is prior to the end of a specific leave of absence period and no work is available.

f. The date on which the employee files a claim for unemployment insurance if on a leave of absence and the employee has not contacted the employee to see if work is available.

History

  • Former rule number -- Miscellaneous 60. - 60.2. Former rule repealed, new Section R6-3-5460 adopted effective January 24, 1977 (Supp. 77-1). Amended effective December 17, 1981 (Supp. 81-6).
Ariz. Admin. Code §§ R6-3-5461 through R6-3-5469 Reserved
Ariz. Admin. Code § R6-3-5470 [REPEALED]

History

  • Former rule number -- Miscellaneous 70. Former rule repealed, new Section R6-3-5470 adopted effective January 24, 1977 (Supp. 77-1). Amended effective July 7, 1978 (Supp. 78-4). Amended effective March 5, 1981 (Supp. 81-2). Repealed effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-5471 Reserved
Ariz. Admin. Code § R6-3-5472 Reserved
Ariz. Admin. Code § R6-3-5473 Reserved
Ariz. Admin. Code § R6-3-5474 Reserved
Ariz. Admin. Code § R6-3-5475 Claims and Registration

A. Definitions. In this Article:

1. "Department" means the Arizona Department of Economic Security and any other entity that has an agreement with the Department to provide unemployment insurance and reemployment services.

2. "Itinerant service" means unemployment insurance claims service on a regularly scheduled but less than full-time basis to a locality not within a reasonable commuting distance of an established, full-time claims office.

3. "Personal Identification Number" means a four-digit number selected and entered by the claimant into the unemployment insurance telephone claims filing system.

B. Initial claims. A person claiming unemployment insurance benefits shall:

1. File an initial claim with the Department:

a. In writing, using an application provided by the Department at an office that accepts unemployment insurance claims. A claimant may also request and submit an application by mail;

b. By telephone, using a toll-free number provided by the Department via the Department's web site, local telephone directories, and informational flyers; or

c. By Internet, using the service maintained for that purpose on the Department's web site.

2. The Department may limit the available methods of filing according to budgetary constraints or program needs. The Department shall provide information on how to file an initial claim on its web site, in its employment offices, and in employment offices operated by other public agencies throughout the state.

3. Include the following information on the initial claim:

a. The claimant's personal identifying information, including name, aliases, birth date, address, telephone number, occupation, Social Security number, and citizenship status;

b. The claimant's employment history, including information on the claimant's last employer, the claimant's last date of work, and the reason for the claimant's separation from employment or a statement as to whether the last work was part time;

c. A statement that the claimant is totally or partially unemployed, and information on the claimant's potential for employment, including:

i. A description of the circumstances under which the claimant is willing to accept employment, and

ii. The claimant's restrictions to accepting employment;

d. A statement of other benefits the claimant has obtained or is seeking, including workers' compensation, Social Security, retirement benefits, unemployment benefits from another state, and employment benefits such as accrued vacation pay;

e. An acknowledgment that the claimant may be subject to penalty for provision of false statements or information; and

f. The claimant's signature or personal identification number.

C. Registration; exemptions. A claimant who files a claim satisfies the registration for work requirements of A.R.S. § 23-771(A)(1). The Department shall not require further registration efforts by a claimant who:

1. Is unemployed due to a labor dispute at the establishment of the claimant's employer but intends to return to work for the employer when the dispute ends;

2. Is temporarily laid off from employment for a known duration of not more than 30 days and has been notified of the date to return to work;

3. Is residing in a geographic area in which the Department does not provide placement services;

4. Is registered for work with a labor union through which workers in the claimant's occupation normally obtain work;

5. Is enrolled in a training course that meets the requirements of A.R.S. § 23-771.01 and R6-3-1809; or

6. Is laid off from employment because of the seasonal nature of the claimant's occupation, and the Department has determined that no current placement opportunities exist for the claimant. When the season for the claimant's occupation resumes, the claimant shall register with the Department's employment service.

D. Effective date of claim. Except as otherwise provided in this Section, an initial claim for benefits is effective on the first day of the calendar week in which the claimant files a claim.

1. An initial claim for benefits filed at a biweekly itinerant service point is effective on the first day of the prior calendar week if the claimant's unemployment began in that week and the claimant reported to file the claim at the itinerant service point on the next regularly scheduled service date.

2. An initial claim filed by mail is effective on the first day of the calendar week in which the claimant requests the claim forms, if the claimant returns the completed forms within seven days of the date that the Department mailed or provided the forms to the claimant. In all other cases where the claimant files by mail, the effective date is the first day of the calendar week that the claimant mails the completed forms to the Department. The mailing date is the postmark date.

E. Earlier effective dates. The Department may give the claim an effective date earlier than the dates described in subsection (D) if:

1. The claimant shows that the Department gave the claimant incorrect information that caused the claimant to delay filing the claim;

2. The claimant was unable to timely file a claim because the Department did not provide accessible claim services;

3. The claimant filed a timely claim against another state and:

a. The claim was later cancelled or denied; or

b. The claimant did not qualify for benefits in the other state;

F. Cancellation of claims. At the request of a claimant, the Department may cancel a claim that has established a benefit year if:

1. The claimant:

a. Has filed a combined wage claim; or

b. Has sufficient wage credits in another state to qualify for a claim; and

c. Requests cancellation within 15 days of the most recently issued monetary determination; and

d. Repays, or agrees to repay, any benefits received from the Arizona claim;

2. The claimant is ineligible for benefits because the claimant earned wages in the base period from an employer who contributed to or maintained the claimant's pension plan, and the wages will not be in the base period of a subsequent claim;

3. The claimant:

a. Initiates a claim during the final week of a benefit calendar quarter;

b. Will be eligible for a higher weekly benefit amount in the following benefit calendar quarter; and

c. Requests cancellation within seven days of the start of the new benefit calendar quarter;

4. Except as provided in subsections (F)(1) through (3), the claimant initiates a claim but does not file for a week of unemployment, and the claimant will qualify for a higher weekly benefit amount in a subsequent benefit calendar quarter; or

5. The claimant shows that the Department provided the claimant with incorrect information regarding the claimant's potential eligibility at the time the claim was initiated.

G. Continued claim for benefits. Except as otherwise provided in A.R.S. §§ 23-761 through 23-766, R6-3-1405, and R6-3-1809, for each week of unemployment claimed, a claimant shall timely file a continued claim for benefits or waiting period credit, on a form provided by the Department, by telephone, or through the Internet.

1. The Department may limit the available methods of filing these claims according to budgetary constraints or program needs. The Department shall provide each claimant with instructions on how to file continued claims at the time the initial claim is filed.

2. A continued claim shall include the following information for the applicable claim period;

a. A statement of any employment the claimant held and any wages the claimant earned;

b. A statement as to the claimant's ability to work, availability for work, and efforts to seek work;

c. A statement as to whether the claimant received or refused any offers of work;

d. A statement that the claimant understands and acknowledges that the claimant has a duty to notify the Department of changes in any circumstances that may affect the claimant's eligibility for benefits; and

e. The claimant's signature or personal identification number.

3. A claim is timely filed when the Department receives the claim within 14 days of the benefit week ending date. If the claim is mailed, the claim is timely if postmarked within 14 days of the benefit week ending date.

H. Untimely claims. The Department shall disallow an untimely claim unless:

1. The untimeliness was due to Department error; or

2. The claimant establishes good cause for the untimeliness. As used in this Section "good cause" means that the untimeliness was due to a circumstance beyond the reasonable control of the claimant;

3. Notwithstanding any other provision of this Section, when the untimely claim is the first occurrence in a benefit year, the Department shall not disallow the claim unless the Department finds that the untimeliness was willful. Willfulness is established if:

a. The claimant files the claim more than seven days after the 14-day period specified in subsection (G)(3), and

b. The Department has clear and convincing proof that the claimant knew of the filing requirements and deliberately chose to ignore them.

I. Adjudication and eligibility interviews.

1. The Department may require a claimant to participate in a:

a. Determination fact-finding proceeding, if an issue arises regarding eligibility; or

b. Periodic eligibility review, if a claimant has claimed benefits for at least two weeks.

2. The Department shall give the claimant not less than five calendar days prior written notice if it schedules a proceeding or review.

3. Except as otherwise provided in this subsection, a claimant who fails to report in person or be available via telephone, on a scheduled proceeding or interview date is ineligible for benefits for the week in which the appointment was scheduled, until the claimant reports to the Department.

a. The Department shall not hold the claimant ineligible if:

i. The claimant reports within three work days of the scheduled interview or the end of the same calendar week, whichever first occurs; or

ii. The claimant has good cause for the failure to report.

b. As used in this subsection, good cause includes the following circumstances:

i. The claimant was ill,

ii. The claimant lacked transportation to the appointment,

iii. The claimant had a job interview or work that precluded the claimant from keeping the appointment, or

iv. Other similar circumstances beyond the reasonable control of the claimant.

J. Reemployment services.

1. The Department may require a claimant to participate in a reemployment service program if the Department determines that the claimant:

a. Is likely to exhaust regular unemployment compensation benefits; and

b. Needs job search assistance services to make a successful transition to new employment.

2. If a claimant who is required to participate in reemployment services fails to report to a reemployment service provider, or to fulfill the requirements of the claimant's reemployment service plan, the claimant is ineligible for benefits for the week during which the act of non-participation occurred, unless the claimant establishes good cause for non-participation. Good cause includes the circumstances listed in subsection (I)(3)(b).

History

  • Former rule number -- Miscellaneous 75. - 75.6. Former rule repealed, new Section R6-3-5475 adopted effective January 24, 1977 (Supp. 77-1). Section repealed, new Section adopted effective December 20, 1995 (Supp. 95-4). Amended by final rulemaking at 6 A.A.R. 3648, effective August 28, 2000 (Supp. 00-3). Amended by emergency rulemaking at 12 A.A.R. 3808, effective September 8, 2006 for 180 days (Supp. 06-3). Emergency renewed at 13 A.A.R. 1139, effective March 6, 2007 for 180 days (Supp. 07-1). Emergency expired. Section amended by final rulemaking at 14 A.A.R. 1747, effective June 14, 2008 (Supp. 08-2).
Ariz. Admin. Code §§ R6-3-5476 through R6-3-5494 Reserved
Ariz. Admin. Code § R6-3-5495 Disqualification; Definition of Last Employment

A. The Department shall determine whether to disqualify a claimant as prescribed in A.R.S. § 23-775(1) and (2) based on the reason for separation from the claimant's last employment when the claimant:

1. Initiates a benefit year;

2. After a period of intervening employment during the benefit year, files a request to reopen the claim; or

3. During a continuous period of filing, is employed and later separates from the employment.

B. In this Section, "last employment" means the claimant's most recent work:

1. Lasting 2 consecutive work days or more during which the claimant worked the normal, customary full-time hours;

Lasting 2 days or more in the same calendar week during which the claimant worked the normal, customary full-time hours;

3. Occurring during a calendar week in which the claimant earned wages equal to or exceeding the claimant's weekly benefit amount; or

4. Regardless of whether the claimant performed services or met the requirements of subsection (B)(1) through (3), which the claimant voluntarily left or from which the claimant was discharged.

History

  • Former rule number -- Miscellaneous 95. - 95.1. Former rule repealed, new Section R6-3-5495 adopted effective January 24, 1977 (Supp. 77-1). Amended effective June 24, 1981 (Supp. 81-3). Amended effective December 27, 1985 (Supp. 85-6). Amended effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-5496 Reserved
Ariz. Admin. Code § R6-3-5497 Reserved
Ariz. Admin. Code § R6-3-5498 Reserved
Ariz. Admin. Code § R6-3-5499 Reserved

Article 56 LABOR DISPUTE BENEFIT POLICY

Ariz. Admin. Code § R6-3-5601 Definitions and Explanation of Terms

The following definitions and explanation of terms apply to A.R.S. § 23-777 and Article 56 of this Chapter:

"Class" means a number of grades of workers, joined together for a common purpose.

2. "Directly interested in," when used in reference to a labor dispute, means that an employee is a member of a bargaining unit in which the terms or conditions of the employee's work will be directly affected by the outcome of a dispute.

a. An employee may be directly interested in the labor dispute even though the employee is not a member of a striking union.

b. An employee may be directly interested in a dispute even though the employee offered to continue working, or voted against or otherwise opposed the labor dispute.

c. An employee is not directly interested in a dispute if the employee was not in the bargaining unit involved in the labor dispute but may benefit from the labor dispute because the employer's practice is to bring the employment status of all the employees into line with a settlement reached with any particular group of employees.

3. "Establishment" means more than a factory or other business premises and may include combinations or portions of factories or other premises. An establishment is each separate project of an employing unit if the project is a separate activity for the purpose of employment.

4. "Financing," when used in reference to a labor dispute, means that an employee is contributing money to enable workers to strike. Mere payment of union dues is not financing a labor dispute. If all or a portion of the employee's union dues are used to pay strike benefits, or to, in some other way, support the employee's union or another union involved in a labor dispute at the establishment at which the employee is or was last employed, the employee is financing a labor dispute.

5. "Grade" means a particular classification within an occupation, such as apprentice or journeyman.

6. "Labor dispute" means any controversy between employees and their employer over terms, tenure, or conditions of employment, or the association or representation of employees in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment. A labor dispute may exist without a union or a collective bargaining agreement. A strike or a lockout is a form of labor dispute.

7. "Lockout" means that an employer is withholding employment from a group of employees to obtain the employees' acceptance of the employer's terms. A lockout does not require the inclusion of all employees in a particular grade or class. A lockout exists when all the following conditions are present:

a. The employer demands some concession from the employees,

b. The employer withholds employment in order to gain the concession, and

c. The employer intends to resume operations with the same employees when the concession is gained.

8. "Member of a bargaining unit" means any employee or group of employees, whether or not the employees belong to a union or other trade organization, who are members of a grade or class of employees represented by a bargaining unit that engages in bargaining on wages or other conditions of work.

"Participating in," when used in reference to a labor dispute at an establishment at which an employee is or was last employed, means that the employee has taken definite action such as stopping work, walking out, striking, picketing, or otherwise lending tangible aid to the worker group directly involved. Membership in a labor organization or union involved in a labor dispute is not participating in the dispute in the absence of other actions.

a. An employee participates in a dispute if the employee refuses to cross a picket line at an establishment at which the employee is or was last employed, regardless of whether the employee is a member of the picketing union, if:

i. The employee's job was open and work was available so the employee could have worked had the employee crossed the picket line; and

ii. The employee's refusal to cross was voluntary. The employee's refusal is not voluntary if the employee risked physical violence by crossing the picket line.

b. If the reason for the employee's failure to cross a picket line is respect for the strikers' cause, the employee is participating in the dispute.

10. "Strike" means that employees have stopped working because the employees have not reached an agreement with their employer on terms or conditions for continued employment, or the employer has refused the employees' demands for changes in the terms or conditions of employment. A strike exists when all the following conditions are present:

a. The employees have demanded an agreement with the employer or some concession from the employer,

b. The employees stop working in order to win the concession, and

c. The employees intend to return to work when the agreement with the employer is reached or the concession is won.

History

  • Adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-5602 Labor Dispute Notice

A. Notice by Employer. An employer involved in a labor dispute, strike, or lockout shall, upon request by the Department, provide the following information:

1. The address of each location affected by the dispute, the date the dispute began, and whether strikers have formed a picket line at each location;

2. The name, address, and business agent of any labor organization involved in the dispute, and the date a contract or agreement with the organization expired;

3. The issues involved in the dispute and the grade or class of employees who:

a. Have left work because of the dispute;

b. Are not a part of the dispute but are unemployed as a result of the dispute; and

c. Are continuing to work; and

4. The name, social security number, and type of work performed by each employee who is unemployed due to the dispute.

B. Notice by Labor Organization. A labor organization involved in the dispute shall, upon request by the Department, provide the following information:

1. A description of the class of workers represented by the labor organization;

2. A summary of the matters in dispute;

3. Whether the labor organization has established a picket line;

4. Whether the members are required to do picket duty; and

5. Whether the members are paid while on strike.

History

  • Adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-5603 Eligibility during a Labor Dispute

A. When a worker's unemployment results from action taken in anticipation of the labor dispute but occurring before the dispute starts, the worker's unemployment is not due to the labor dispute. The start of a labor dispute does not change the reason for a worker's unemployment if the unemployment preceded the dispute.

B. When a labor dispute begins while a worker is on an approved absence from work, and the worker does not return to work at the end of the absence because of the labor dispute, the worker's unemployment is due to the labor dispute. An example of an approved absence is vacation, sick leave, or other similar reasons.

C. When a worker who is a member of a grade or class of workers participating in, financing, or directly interested in a labor dispute did not go out on strike with the other members, but subsequently became unemployed because the employer limits or stops work as the result of the strike, the worker is unemployed due to a labor dispute pursuant to A.R.S. § 23-777.

D. When an employer can no longer provide work to a worker who is not participating in, financing, or directly interested in a labor dispute because of the absence of other workers who are on strike, the worker is unemployed due to a lack of work as a result of the labor dispute. The Department shall not charge the employer for any benefits paid to the worker while the worker's unemployment is a result of the labor dispute.

History

  • Adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-5604 Termination of the Labor Dispute Disqualification

A. Discharge During Dispute

1. When, during an ongoing labor dispute, the employer discharges a worker who is unemployed due to a labor dispute, the Department shall not end the labor dispute disqualification until the employer establishes that the employer took positive and affirmative action to sever the employer-employee relationship, or the worker establishes that the worker:

a. Has been permanently replaced,

b. Abandoned the strike or dispute, and

c. Unconditionally offered to return to work.

Positive and affirmative action by the employer to sever the employer-employee relationship includes:

a. Resumption of operations,

b. Permanent replacement of the discharged worker,

c. Discontinuance of company benefits,

d. Transfer of the employer's location, or

e. Sale of the business.

Notwithstanding subsection (A)(1), the Department shall end the labor dispute disqualification and shall determine the worker's eligibility for benefits in accordance with the provisions of A.R.S. § 23-775(2) and Article 51 of this Chapter when the employer severs the employer-employee relationship because the worker:

a. Participates in a strike in violation of a no-strike clause in a collective bargaining agreement; or

b. Commits violence or unlawful conduct during picketing activities on, adjacent to, or directed at the employer's premises, property, operations, or personnel.

B. Quit During Dispute. The Department shall end the labor dispute disqualification if the Department determines the worker quit employment with a labor-dispute employer and does not intend to return to work at the end of the dispute,

C. New Employment During the Dispute. The Department shall end a labor dispute disqualification when the worker involved in an ongoing dispute has had new employment that began after the start of the labor dispute and the worker establishes the following:

1. The worker accepted the employment in good faith. Good faith means that the worker, in accepting the new work, intended to continue in the job and not return to the former employer at the end of the labor dispute.

2. The worker was employed by the new employer for at least 8 weeks, and in each week the worker earned an amount equal to or exceeding the worker's weekly benefit amount. One or more periods of employment, not necessarily consecutive, with 1 or more employers meets the duration test if the total duration is at least 8 weeks.

D. Termination of Dispute. A labor dispute no longer exists at the time the disputants agree it has ended and are willing to resume operations and return to work.

1. If there is no agreement as to the date a dispute has ended, the Department shall establish an ending date from the dates of the following events:

a. The return to normal business operations,

b. The end of bargaining meetings, and

c. The striking unions' notice of a desire to return to work.

2. When a labor dispute ends, the worker is no longer directly interested in, financing, or participating in a labor dispute. The labor-dispute disqualification ends with the last week in which the labor-dispute disqualification is applicable for any portion of a day within the employer's regular work week.

E. Employer's Chargeability. The Department shall determine chargeability for the claimant's base-period employers during and upon termination of the dispute as prescribed in R6-3-1708(D).

History

  • Adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-5605 [REPEALED]

History

  • Former rule number -- Labor Dispute 5. Former rule repealed, new Section R6-3-5605 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-5606 through R6-3-5634 Reserved
Ariz. Admin. Code § R6-3-5635 [REPEALED]

History

  • Former rule number -- Labor Dispute 35. - 35.15. Former rule repealed, new Section R6-3-5635 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).

Article 60 REPEALED

Ariz. Admin. Code § R6-3-6001 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6002 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6003 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6004 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6005 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6006 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).

Article 61 REPEALED

Ariz. Admin. Code § R6-3-6101 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6102 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6103 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6104 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6105 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6106 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6107 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).

Article 62 REPEALED

Ariz. Admin. Code § R6-3-6201 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6202 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6203 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6204 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6205 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).

Article 63 REPEALED

Ariz. Admin. Code § R6-3-6301 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6302 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6303 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6304 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).

Article 64 REPEALED

Ariz. Admin. Code § R6-3-6401 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).

Article 65 REPEALED

Ariz. Admin. Code § R6-3-6501 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).

Article 66 REPEALED

Ariz. Admin. Code § R6-3-6601 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6602 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6603 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6604 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6605 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).
Ariz. Admin. Code § R6-3-6606 [REPEALED]

History

  • Adopted effective June 22, 1976 (Supp. 76-3). Repealed effective February 1, 1995 (Supp. 95-1).

Article 50 VOLUNTARY LEAVING BENEFIT POLICY

Ariz. Admin. Code §§ R6-3-5051 through R6-3-50134 Reserved
Ariz. Admin. Code § R6-3-50135 Quit or Discharge

A. Distinguishing Quits and Discharges

1. Except as otherwise provided in this Chapter, a worker's separation from employment is either a quit or a discharge.

a. The separation is a quit when the worker acts to end the employment and intends this result.

b. The separation is a discharge when the employer acts to end the employment and intends this result. A discharge includes:

i. A layoff for lack of work, and

ii. A request by the employer for the worker's resignation.

2. The Department shall determine whether a separation is a quit or discharge by considering all relevant factors, including:

a. Both parties' remarks and actions,

b. Who initiated the separation, and

c. The parties' intentions.

3. A party's expression of criticism or effort to clarify the position of the other party does not by itself constitute notice of intent to quit or to discharge.

4. When the worker or the employer gives notice of intent to end an employment relationship, later attempts to withdraw the termination do not change the type of separation, except as otherwise provided in subsection (A)(5).

a. The type of separation does not change even if:

i. The party who causes the separation allows the other party to choose the time or type of separation, or

ii. The parties agree to delay the date of separation.

b. A separation is a quit when the worker tells the employer the worker is quitting but agrees to work long enough to train a replacement. The separation remains a quit even if the employer later fails to temporarily keep the worker.

5. A separation is a quit when an employer, who previously gave a worker notice of intent to end the employment relationship, on or before the intended termination date offers continued employment under conditions not amounting to new work, and the worker elects to leave as of the original termination date.

B. Leaving before Effective Date of Discharge

1. Unless a worker establishes good cause or a compelling personal reason for leaving, as prescribed in this Article, a worker who quits before the effective date of discharge leaves work without good cause in connection with the work.

2. When a worker quits because the employer has told the worker that the worker is to be discharged for acts or omissions amounting to misconduct connected with the work, as determined by the Department, the rules in Article 51 governing separation for misconduct apply.

C. Leaving in Anticipation of Discharge. If a worker, based on information other than the employer's authorized notification of discharge, believes that the employer intends to discharge the worker, the worker shall take steps, prior to leaving, to find out if the worker is, in fact, to be discharged. If the worker fails to do so and was not to be discharged, the worker leaves work voluntarily without good cause in connection with the work.

D. Discharge before Effective Date of Resignation

1. If a worker submits a resignation with a specific effective date, and the employer discharges the worker before the effective date:

a. The separation is a discharge for reasons other than work-connected misconduct if the discharge is because of the resignation and is 15 days or more before the effective date of the resignation; and

b. The separation is a quit if the discharge is because of the resignation and is less than 15 days before the effective date of the resignation. The reason for the resignation shall determine whether the worker had good cause for quitting or was compelled to quit.

2. If the discharge is not because of the resignation, the Department shall determine whether to assess a disqualification based on the reason for discharge, in accordance with Article 51 of this Chapter.

History

  • Former Rule number -- Voluntary Leaving 135. - 135.5. Former Rule repealed, new Section R6-3-50135 adopted effective January 24, 1977 (Supp. 77-1). Amended effective January 23, 1979 (Supp. 79-1). Amended by adding subsection (H) effective July 27, 1983 (Supp. 83-4). Section repealed; new Section adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-50135.01 Quit or Discharge; Absence from Work

Except as provided in R6-3-50135.03 and R6-3-50135.04, when a separation occurs because of a worker's absence from work, and a discharge is not established:

1. The separation is a discharge if:

a. The worker had a reason for the absence,

b. The worker intended to return to work upon a certain occurrence, and

c. The worker tried to return to work; or

2. The separation is a quit if:

a. The worker did not intend to return to work, and

b. Made no attempt to preserve the job.

History

  • Adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-50135.02 Quit or Discharge; Volunteering for Layoff

When a worker's separation is the result of the worker volunteering for a layoff or furlough due to a reduction in the work force, the Department shall determine whether a disqualification is assessed based on whether the employer or the worker initiated the action.

1. The separation is a discharge for nondisqualifying reasons when the employer determines that a layoff is to occur and then asks if there are workers who will volunteer for the layoff or volunteer to accept the employer's retirement plan.

2. The separation is a voluntary leaving without good cause when a worker requests or volunteers for layoff status prior to any specific announcement by the employer and the employer acts upon the request, unless the worker establishes that the leaving was for a compelling personal reason.

History

  • Adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-50135.03 Quit or Discharge; Leave of Absence

A. "Leave of absence" means an agreement between an employer and a worker in which the employer promises the worker that the worker may return to work on a particular date or when a reasonably foreseeable event occurs.

1. A leave of absence agreement may be oral or written.

2. A leave of absence may, but is not required to be, based on a collective bargaining agreement or a company policy.

B. An agreement in which an employer offers a worker only a preference for rehire is not a leave of absence.

C. If a worker does not return to work at the end of a leave of absence for a definite period, the worker's reason for not returning determines the type of separation.

D. If a worker who is on a leave of absence for a definite period asks to return to work prior to the end of the leave, and work is not available until the leave ends, the separation is for a compelling personal reason.

E. If the worker described in subsection (D) later fails to return to work when the leave period ends, and work is available, the Department shall determine that the worker separated as of the 1st working day after the leave expires and shall determine whether to assess a disqualification based on the worker's reason for not returning to work.

F. A separation is a layoff when a worker on a leave of absence tries to return to work at the end of a definite leave period, or following a foreseeable event, but the employer has no work for the worker.

G. When a worker on a leave of absence applies for benefits without 1st notifying the employer of the worker's availability for work, the worker's reason for not attempting to return determines the type of separation.

History

  • Adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-50135.04 Quit or Discharge; Investigative or Disciplinary Suspension

A. If an employer places a worker on a suspension without pay, pending the investigation of an alleged wrongdoing or as a disciplinary action, the employer-employee relationship is presumed to continue during the suspension period unless 1 of the following events occurs during the suspension period.

1. The worker gives notice to the employer that the worker does not intend to return to work. When the reason for the leaving is because of the worker's objection to a disciplinary action, the worker's eligibility is determined in accordance with R6-3-50138.

2. The employer notifies the worker that the job will not be available at the end of the suspension. The Department shall determine the reason for separation based on the reason the job is no longer available.

3. The worker files a claim for benefits.

B. When a worker files a claim for benefits during the suspension period, the Department shall determine the type of separation based on the worker's reason for filing the claim and subsections (B)(1) through (5).

1. If the suspension is for an unreasonable period of time and the worker cannot reasonably be expected to remain ready to return to work at the end of the suspension, the suspension terminates the employer-employee relationship and the worker is discharged on the date the worker was suspended and for the reason the worker was suspended.

2. If the suspension period is not unreasonable, the separation is a voluntary quit.

3. For the purpose of this rule, a suspension of 16 or more of the employer's workdays is a suspension for an unreasonable period of time.

4. If returning to work at the end of the suspension would create an intolerable work situation for the worker, pursuant to R6-3-50515, the separation is a voluntary leaving with good cause in connection with the work.

5. If personal circumstances deemed compelling pursuant to this Article arise during the suspension, making it unreasonable for the worker to return to work, the worker leaves for compelling personal reasons not attributable to the employer.

History

  • Adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-50135.05 Quit or Discharge; Corporate Officer

When a worker separates from a business in which the worker was a corporate officer, the Department shall use the following guidelines to determine whether to assess a disqualification.

1. A corporate officer who, on the officer's own accord or as a participant in a decision made by a majority of the officers, decides to sell or close the business or to otherwise separate from the corporation, leaves voluntarily. The reason for the sale or closure determines whether the corporate officer left for compelling personal reasons or had good cause for leaving.

If the corporation is sold because of declining income and increasing indebtedness, the corporate officer leaves voluntarily without good cause unless the corporation could not have continued.

3. If a corporate officer is forced out by a majority decision of the other officers, the corporate officer is discharged for reasons other than misconduct unless the termination was for reasons which constitute misconduct as defined in A.R.S. § 23-619.01 and Article 51 of this Chapter.

History

  • Adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-50135.06 Quit or Discharge; Temporary Service Employer and Leasing Employer

A. If a worker separates from a temporary services employer or leasing employer, both as defined in A.R.S. § 23-614(G), after finishing work for the employer's client, the separation is either a quit or a layoff due to lack of work.

1. If the worker has, in accordance with the temporary services or leasing employer's rules and procedures about which the worker knew or should have known, failed to report to the employer regarding subsequent work, the separation is a quit and the Department shall determine the worker's eligibility, in accordance with Article 50 of this Chapter.

2. If the worker reported to the employer in the manner required and the employer did not immediately refer the worker to a new assignment, the separation is a layoff for lack of work.

3. If the worker reported to the employer and was referred to a new assignment which the worker refused, the separation is either a voluntary leaving or a discharge and refusal of new employment as prescribed in R6-3-50315.

B. If a worker separates from the employer before finishing a contracted assignment, the separation is either a quit or a discharge based on the reason for the noncompletion.

History

  • Adopted effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-50136 Reserved
Ariz. Admin. Code § R6-3-50137 Reserved
Ariz. Admin. Code § R6-3-50138 Disciplinary Action (v L 138)

A. A worker may leave because of disciplinary action taken against him by his employer. He leaves without good cause in connection with the work if:

1. The event which resulted in the disciplinary action was within his control, or

2. He was responsible for the event.

B. He leaves with good cause in connection with the work if he makes a reasonable attempt to adjust his grievance prior to leaving and the disciplinary action was:

1. Discriminatory, or

2. Unreasonable, or

3. Unduly severe.

History

  • Former Rule number -- Voluntary Leaving 138. Former Rule repealed, new Section R6-3-50138 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-50139 through R6-3-50149 Reserved
Ariz. Admin. Code § R6-3-50150 Distance to Work

A. Transportation

1. When a worker quits because of transportation difficulties, it must be determined if the worker left without good cause in connection with the work, or whether the worker separated for compelling personal reasons not attributable to the employer and not warranting disqualification. Factors to be considered are:

a. Availability of transportation, both public and private;

b. Time, distance, and cost of travel in relation to wages paid;

c. Customary practice of workers in claimant's locality;

d. Customary practice in worker's trade;

e. Worker's past pattern of transportation;

f. Relocation of work site;

g. Adverse effect of travel on claimant's health;

h. Prospects of obtaining other work without serious transportation problems.

2. If a worker quits because the employer violates an agreement to provide transportation, the worker leaves with good cause connected with the work.

B. Commuting distance

1. If a worker elects to move the worker's residence beyond reasonable commuting distance for non-compelling reasons and quits work for that reason, the worker's leaving is without good cause in connection with the work.

2. If a worker quits because the employer moves the work premises beyond reasonable commuting distance, the worker leaves with good cause in connection with the work.

3. If a worker whose residence or work location has not substantially changed quits work because the commuting distance is excessive, the worker leaves without good cause unless:

a. The travel time or expense was excessive, and the worker has reasonable prospects of other, more suitable work; or

b. The travel time or expense was unreasonable.

"Beyond reasonable commuting distance" is determined from all surrounding facts and circumstances but shall be presumed when the claimant:

a. Resides more than 30 miles from the claimant's place of employment; or

b. Has a 1-way commuting time of more than 1 1/2 hours between the claimant's residence and place of employment;

c. Has commuting expenses equal to 15% or more of a claimant's gross wage, unless such expenses are customary for the claimant or for workers residing in the same locality as the claimant.

5. The Department accepts the mileage allowance paid state of Arizona employees for use of their private vehicles for official travel as the standard for determining cost of travel to the claimant.

History

  • Former Rule number -- Voluntary Leaving 150. - 150.2. Former Rule repealed, new Section R6-3-50150 adopted effective January 24, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Amended effective December 20, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-3-50151 Reserved
Ariz. Admin. Code § R6-3-50152 Reserved
Ariz. Admin. Code § R6-3-50153 Reserved
Ariz. Admin. Code § R6-3-50154 Reserved
Ariz. Admin. Code § R6-3-50155 Domestic Circumstances

A. General.

1. A worker who left work because of a domestic obligation involving a legal or moral responsibility of such a compelling nature that the worker could not disregard it left work for a compelling personal reason not attributable to the employer.

2. However, the mere existence of such a domestic obligation under subsection (A)(1) does not of itself mean that the worker was compelled to leave. If the worker had a reasonable alternative to leaving work that the worker failed to exercise, the worker left voluntarily.

B. Care of children. A worker who left work to provide care for a child may have left:

1. For a compelling personal reason not attributable to the employer, depending upon the degree of necessity for the worker to provide that care. The Department shall consider the following factors when making its determination:

a. Child's age,

b. Child's health,

c. Home and neighborhood surroundings that might affect the child's safety,

d. Availability of child care arrangements, and

e. Availability of a leave of absence for the worker; or

2. With good cause in connection with the work if:

a. The hours of work or place of employment were changed; or

b. The employer, without valid reason, refused a leave of absence.

C. Home, spouse, or parent in another locality.

1. The Department shall consider a spouse or unemancipated minor who left work to join the other spouse or a parent who has moved to a new locality, from which it is impractical to commute, to have left work for a compelling personal reason not attributable to the employer, if the other spouse or parent moved:

a. For a compelling personal reason; or

b. To establish a domicile at the new locality for three or more months.

2. The Department shall consider a spouse or unemancipated minor who left work to accompany the other spouse or a parent who is a member of the armed services and who is transferred to another locality as a result of official orders to have left work for a compelling personal reason not attributable to the employer.

3. For the purpose of this Section, an "unemancipated minor" is a person who is less than 18 years of age, is single, and who lives in the same household as the parent except for temporary absences, such as school attendance, vacations, or hospitalization.

D. Household duties. A worker who left work because working interferes with household duties left work without good cause in connection with the work, unless the household duties required of the worker are so compelling as to leave no reasonable alternative to leaving work.

E. Housing.

1. When a worker left work because of housing problems, the Department shall determine whether the worker left with or without good cause or for a compelling personal reason not attributable to the employer. The Department shall consider the following factors:

a. The availability of adequate housing within a reasonable distance of the work,

b. The cost of housing in relation to wages, and

c. Prospects of other work that would eliminate the housing problem.

2. A worker left with good cause in connection with the work if:

a. Adequate housing was promised by an employer and was not provided; or

b. The employer informed the worker that housing was available, but such housing was so primitive or sub-standard that it was a menace to the health of the worker or the worker's family.

F. Illness or death of others.

1. A worker who left work because of the death or illness of a member of the worker's immediate family or to provide care for a family member left work for a compelling personal reason not attributable to the employer if:

a. A leave of absence could not be obtained or would have been impracticable, and

b. No other reasonable alternative to leaving work existed.

2. A worker who left work to care for an ill relative left work with good cause in connection with the work:

a. If the worker's difficulty in caring for the ill relative was due to a change in working conditions, or

b. When the employer, without a valid reason, refused to grant a leave of absence for this purpose.

3. For the purposes of this Section, the following are members of a worker's immediate family:

a. Spouse;

b. Parent;

c. Child;

d. Sibling; and

e. Any other person with a similar relationship to the worker, including foster parent, step-child, or guardian.

G. Marriage.

1. When a worker left work to get married or because the worker has married, the leaving is voluntary and without good cause in connection with the work.

2. If the employer terminated the employment because of a company rule that prohibits continuing employment of both employees when co-workers marry, the separation is a discharge.

H. Domestic violence. Under A.R.S. § 23-771(D), if a worker left work because of domestic violence as defined in A.R.S. § 13-3601 or § 13-3601.02, the worker has left for a compelling personal reason not attributable to the employer if:

1. The circumstances required the worker to leave work and a leave of absence was not available or would have been impractical; or

2. Remaining with the employer would present a threat to the safety of the worker, the worker's family, or co-workers and no other reasonable alternative to leaving work existed.

History

  • Former Rule number -- Voluntary Leaving 155. - 155.4. Former Rule repealed, new Section R6-3-50155 adopted effective January 24, 1977 (Supp. 77-1). Amended effective March 19, 1979 (Supp. 79-2). Amended subsection (G), paragraph (2) effective July 24, 1980 (Supp. 80-4). Amended (A)(2), (B), (C), and (E) effective September 2, 1981 (Supp. 81-5). Amended effective September 24, 1986 (Supp. 86-5). Amended by final rulemaking at 13 A.A.R. 87, effective December 20, 2006 (Supp. 06-4).
Ariz. Admin. Code §§ R6-3-50156 through R6-3-50189 Reserved
Ariz. Admin. Code § R6-3-50190 Evidence (v L 190)

A. General (V L 190.05)

1. Evidence is that which furnishes any mode of proof or that which is submitted as a means of learning the truth of any alleged matter of fact. This evidence is usually in the form of oral or written statements of a claimant, employer, and/or witnesses. The adjudicator must obtain all pertinent evidence reasonably available to make a non-monetary determination.

2. A claimant or employer statement, written and signed by him, is valuable as evidence. Documentary evidence, such as physicians' statements or union by-laws and contracts, is often significant. Such evidence should be fully identified and proved authentic in order to have evidential weight.

B. Burden of proof and presumption (V L 190.1)

1. The burden of proof consists of the requirement to submit evidence of such nature that, taking all other circumstances into account, the facts alleged appear to be true. When this burden has been met, the evidence becomes proof.

2. The burden of proof rests upon the individual who makes a statement.

a. If a statement is denied by another party, and not supported by other evidence, it cannot be presumed to be true.

b. When a voluntary leaving has been established, the burden of proof rests on the claimant to show that it was for nondisqualifying reasons.

c. When a claimant states that he did not leave voluntarily, and the employer maintains he did, the burden of proof shifts to the employer to establish that there has been a quit.

C. Weight and sufficiency (V L 190.15)

1. Evidence must be evaluated during the course of adjudication to determine whether it is sufficient to make a decision. Sufficiency is reached when further rebuttal or circumstantial evidence will not alter the conclusions of the adjudicator.

2. When sufficient evidence has been obtained, all the facts available must be weighed. Only relevant evidence can be considered.

a. Unsupported oral statements may be outweighed by documentary evidence from disinterested third parties.

b. Specific detailed facts must be given more credence than general statements.

c. The testimony of eyewitnesses must be given more weight than hearsay statements.

History

  • Former Rule number -- Voluntary Leaving 190. - 190.15. Former Rule repealed, new Section R6-3-50190 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-50191 through R6-3-50209 Reserved
Ariz. Admin. Code § R6-3-50210 Good Cause (v L 210)

A. The commonly accepted test of "good cause", when considering voluntary leaving, is "What would the reasonable worker have done under similar circumstances?" The following two points should be considered:

1. What were the claimant's reasons for leaving?

2. Do the reasons justify leaving?

B. A worker's voluntary separation is not disqualifying if it is consistent with well defined public policy. Examples of this type of cause for leaving are:

1. Legally substandard employment.

2. Work which meets legal standards, but involves undue risk to the worker's health or safety.

C. A reasonable worker will not quit impulsively. He will attempt to maintain the employment except when this is impossible or impractical. Good cause is generally not established unless the worker takes one or more of the following steps prior to quitting in an attempt to adjust the grievance:

1. Gives the work a fair trial.

2. Attempts to adjust unsatisfactory working conditions.

3. Requests a leave of absence when necessary to resolve some personal difficulty.

D. A worker need not take such steps before quitting if they are impracticable or impossible, or would obviously not be fruitful.

History

  • Former Rule number -- Voluntary Leaving 210. Former Rule repealed, new Section R6-3-50210 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-50211 through R6-3-50234 Reserved
Ariz. Admin. Code § R6-3-50235 Health or Physical Condition (v L 235)

A. General (V L 235.05)

1. Leaving work due to health or physical conditions may be for:

a. Compelling personal reasons; or

b. Good cause in connection with the work.

2. A contention that a leaving is for reasons of health or physical conditions must be substantiated. Supporting evidence may be:

a. Doctor's statement; or

b. Employer or witness statement; or

c. Adjudicator's observation.

3. All separations from work caused by illness or physical disability raises a question of ability to work. This issue should be investigated and determined under R6-3-52235.

B. Illness or injury (V L 235.25)

1. A worker who quits because his health or physical condition is adversely affected by the conditions of work must make a reasonable effort to correct the situation to avoid disqualification, unless efforts to correct the situation would be impossible or impractical. A reasonable effort might include:

a. Requesting a leave of absence to recover.

b. Requesting transfer to other duties which are not detrimental to his health.

c. Requesting that unfavorable working conditions be corrected.

2. A worker would leave with good cause connected with his work if:

a. The injury or impairment of health was caused by working conditions which are substantially less favorable than those prevailing for similar work in the area; or

b. The job becomes too strenuous due to a change in working conditions placed in effect by the employer after the worker has established his ability to do the work for which he was hired.

3. A worker leaves for compelling personal reasons not attributable to the employer if:

a. The work aggravates a health or physical condition which existed prior to the claimant's acceptance of the job; or

b. His services are terminated as a result of compensable industrial injury, unless such injury was caused by working conditions substantially less favorable than those prevailing for similar work in the area; or

c. He is absent because of illness or injury, which fact he has reported to the employer, and during his absence he is replaced. Exception: If the disability lasts for seven working days or less and the worker is replaced, the finding shall be that the claimant was discharged for nondisqualifying reasons.

4. As a general rule the worker who quits because of a physical handicap which makes his work too difficult for him leaves for a compelling personal reason not attributable to the employer. The determination depends upon the extent to which the worker is handicapped or to which the physical handicap increases his risk of injury or illness. Among the factors to consider are:

a. Did the worker give the job a fair trial?

b. Did he request a transfer to other work which he could perform?

c. Is the work suitable, considering the worker's health and safety?

5. If the employer changes the conditions of work, making it unsuitable for the handicapped worker, he leaves with good cause in connection with the work.

C. Pregnancy (V L 235.4)

1. A woman who quits work because of pregnancy leaves voluntarily without good cause if the work was within her physical limitations.

2. A woman who quits because her work became too difficult due to her pregnancy separates for a compelling personal reason provided that she had no reasonable alternative such as:

a. Taking time off to recover from a minor spell of inability such as morning sickness.

b. Transfer to less strenuous work.

3. A woman who quits because the employer changes her work assignments so that the work is too difficult for her to perform due to her pregnancy, leaves voluntarily with good cause in connection with the work.

4. A woman who is required by her employer to leave employment due to pregnancy, whether or not there is an employer rule requiring such separation, is discharged from employment. Such cases shall be considered under R6-3-51235.

D. Risk of illness or injury (V L 235.45)

1. If a claimant quits because of an established risk to his health or safety, he leaves with good cause in connection with the work. Such risk might be shown by the employer's failure to comply with government requirements concerning sanitation, temperature, ventilation, or safety regulations. This is a question of fact which should be determined upon information from appropriate governmental authorities.

Standard and legally acceptable conditions of the industry may present undue risks to the health or safety of an individual because of some health problem peculiar to him. Such a leaving is for a compelling personal reason. Refer to R6-3-5005(C) and R6-3-50235(B).

A worker may leave employment merely because he fears that his health and physical well being are endangered.

a. Such a fear generally does not provide good cause for leaving unless the conditions of the work are substantially less favorable than those prevailing for similar work in the area. Refer to R6-3-50235(B) and R6-3-50515(D).

b. The leaving must be rested for good cause. Refer to R6-3-50210.

History

  • Former Rule number -- Voluntary Leaving 235. - 235.45. Former Rule repealed, new Section R6-3-50235 adopted effective January 24, 1977 (Supp. 77-1). Amended effective February 15, 1978 (Supp. 78-1). Amended effective August 3, 1978 (Supp. 78-4). Amended subsection (B), paragraph (3), subparagraph (b) and repealed subsection (B), paragraph (6) effective July 24, 1980 (Supp. 80-4). Amended subsection (D) effective July 24, 1981 (Supp. 81-4).
Ariz. Admin. Code §§ R6-3-50236 through R6-3-50304 Reserved
Ariz. Admin. Code § R6-3-50305 [REPEALED]

History

  • Former Rule number -- Voluntary Leaving 305. Former Rule repealed, new Section R6-3-50305 adopted effective January 24, 1977 (Supp. 77-1). Amended effective March 5, 1982 (Supp. 82-2). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-50306 through R6-3-50314 Reserved
Ariz. Admin. Code § R6-3-50315 New Work (v L 315)

When an employee resigns rather than accepts conditions of employment which are different from those under which he has been working, a decision must be made as to whether he has left work voluntarily or has refused an offer of new work.

1. If the changes in working conditions are not substantial, a voluntary leaving is found.

2. If the changes in working conditions are so substantial as to constitute a new job (i.e., they are not expressly or impliedly authorized in the original employment relationship); the separation shall be regarded as a "discharge" and a refusal of a new offer of work. In such cases the failure to accept work shall be held to have occurred on the first workday following the last day of work.

3. If it is determined that the worker separated due to a layoff and refused an offer of new work, the employer is an interested party to the refusal of work determination since the refusal issue arises from the separation.

History

  • Former Rule number -- Voluntary Leaving 315. Former Rule repealed, new Section R6-3-50315 adopted effective January 24, 1977 (Supp. 77-1). Amended effective August 19, 1981 (Supp. 81-4).
Ariz. Admin. Code §§ R6-3-50316 through R6-3-50344 Reserved
Ariz. Admin. Code § R6-3-50345 Retirement

A. Except as otherwise provided in subsection (B) and R6-3-50135.02, a worker who chooses to retire from employment leaves voluntarily without good cause in connection with the employment.

B. If a worker retires for health reasons, the Department shall determine whether the worker left for good cause in connection with the employment or for a compelling personal reason not attributable to the employer as prescribed in R6-3-50235.

History

  • Former Rule number -- Voluntary Leaving 345. Former Rule repealed, new Section R6-3-50345 adopted effective January 24, 1977 (Supp. 77-1). Amended effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-50346 through R6-3-50359 Reserved
Ariz. Admin. Code § R6-3-50360 Personal Affairs (v L 360)

An individual who quits work to care for personal affairs generally leaves voluntarily without good cause in connection with his employment. However if the personal circumstances are so compelling or burdensome that the claimant has no reasonable alternative to quitting, his leaving is for compelling personal reasons. Leaving to care for personal affairs may involve business matters, settlement of an estate, a lawsuit, divorce proceedings, etc.

History

  • Former Rule number -- Voluntary Leaving 360. Former Rule repealed, new Section R6-3-50360 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code § R6-3-50361 Reserved
Ariz. Admin. Code § R6-3-50362 Reserved
Ariz. Admin. Code § R6-3-50363 Reserved
Ariz. Admin. Code § R6-3-50364 Reserved
Ariz. Admin. Code § R6-3-50365 Prospect of Other Work (v L 365)

A. General (V L 365.05)

1. A worker who has no objection to the work he has been doing and quits because he has prospects of other work, but no definite offer, leaves voluntarily without good cause in connection with his work.

2. A leaving to accept employment that would clearly better the claimant's economic or personal circumstances or working conditions, is for a compelling personal reason.

a. If the prospective employment fails to materialize because of circumstances beyond the control of the claimant the determination on the leaving would remain the same.

b. The claimant's statement that he left to accept other work is questionable when there is an unreasonable time lapse between the two jobs. This point may be decisive in determining whether or not the claimant left for a compelling personal reason.

3. A quit because the claimant objects to some aspect of the work he has been doing should be considered with reference to the appropriate Benefit Policy rule.

B. Leaving to enter self employment (V L 365.3). A worker who quits to enter self employment leaves voluntarily without good cause in connection with his work.

C. Leaving part-time work to accept full-time work (V L 365.42)

1. Workers who leave part-time work to accept full-time work usually leave for compelling personal reasons not attributable to the employer.

2. Workers who leave part-time work to accept full-time work when the hours and earnings have been reduced by the employer from full-time to part-time work, leave with good cause connected with the work.

D. Leaving full-time work to accept part-time work (V L 365.43)

1. A worker who leaves full-time work for part-time work merely because of a preference for part-time work leaves without good cause in connection with his work.

2. A worker who leaves full-time work for part-time work leaves for compelling personal reasons not attributable to his employer if:

a. It can be shown that personal circumstances or health reasons compelled the change; or

b. He quits unsuitable full-time work to accept part-time work for which he is qualified.

History

  • Former Rule number -- Voluntary Leaving 365. - 365.43. Former Rule repealed, new Section R6-3-50365 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-50366 through R6-3-50379 Reserved
Ariz. Admin. Code § R6-3-50380 [REPEALED]

History

  • Adopted effective October 2, 1981 (Supp. 81-5). Repealed effective December 9, 1982 (Supp. 82-6).
Ariz. Admin. Code §§ R6-3-50381 through R6-3-50384 Reserved
Ariz. Admin. Code § R6-3-50385 [REPEALED]

History

  • Former Rule number -- Voluntary Leaving 385. Former Rule repealed, new Section R6-3-50385 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-50386 through R6-3-50439 Reserved
Ariz. Admin. Code § R6-3-50440 [REPEALED]

History

  • Former Rule number - Voluntary Leaving 440. - 440.7. Former Rule repealed, new Section R6-3-50440 adopted effective January 24, 1977 (Supp. 77-1). Amended effective March 5, 1981 (Supp. 81-2). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-50441 through R6-3-50449 Reserved
Ariz. Admin. Code § R6-3-50450 Time (v L 450)

A. General (V L 450.05)

1. As discussed in this section time refers to hours, or days of work, whether it be part time or full time, irregular or excessive, shift work or temporary work, and definite or indefinite dates.

2. When time is an issue it is advisable to obtain verification of exact hours, days or dates worked.

3. A worker who leaves his job for any reason involving time would be expected to attempt to adjust his grievance prior to leaving if such attempt was feasible.

B. Days of week (V L 450.1)

1. A worker may elect to leave his job because he objects to working a particular day or days of the week. Normally a worker will object to working on Saturday or Sunday because recreational and religious activities usually are centered on these days.

a. Objection to working Saturday or Sunday because of inconvenience does not constitute good cause for leaving unless it creates a work week which is excessive or interferes with activities determined to be compelling.

b. If a worker objects to working on Saturday or Sunday because of compelling religious reasons, his leaving will be for a compelling personal reason.

2. If a worker leaves because he is working only a limited number of days a week, he leaves without good cause unless his work schedule or the employer's stand-by requirements unreasonably interferes with a search for full time employment.

C. Hours (V L 450.15)

1. General (V L 450.151)

a. A worker who leaves because of a reasonable objection to his hours would leave with good cause in connection with his work.

b. Any legislation such as maximum hour provisions for certain individuals or occupations must be taken into consideration in the determination.

2. Irregular hours (V L 450.152)

a. A worker who leaves his job because his employer refuses his request for irregular hours generally leaves without good cause. If refusal of his request results in the worker having no reasonable alternative to leaving, his leaving will be for a compelling personal reason.

b. When a worker is required by an employer to work irregular hours over an extended period of time and these hours unreasonably restrict his ability to maintain a normal private life, he leaves for good cause. Normally, leaving because of irregular hours that occur infrequently or for a short duration will result in a disqualification.

Long or short hours (V L 450.153)

a. Leaving work because of extended hours provides good cause for quitting if they are of indefinite or lengthy duration and unduly interfere with the worker's private life.

b. Leaving because of objection to short hours is normally disqualifying unless restrictions imposed by the employer prevent the worker from looking for full time work during his off duty hours.

4. Night work (V L 450.154)

a. A worker who leaves because he is required to continue to work nights generally leaves without good cause. If he can establish that his working hours were adversely affecting his health or so restricting his domestic life that he had no reasonable alternative to leaving, his leaving will be for a compelling personal reason.

b. A worker who leaves because of insistence on night work normally would be disqualified. If he can establish that he had no reasonable alternative to night work, his leaving should be adjudicated under R6-3-5005 . This type of restriction will usually also involve an availability issue.

5. Prevailing standard (V L 450.155). A worker should not be disqualified for leaving work in which the hours are significantly in excess of the prevailing hours for similar work in the locality.

D. Irregular employment (V L 450.2). A worker who leaves his job because employment is irregular leaves without good cause if he can seek work during his time off. If a worker is in an isolated area which offers little or no prospects of full time work, and his hours have been substantially reduced, his leaving is for good cause if he leaves to seek work elsewhere.

E. Layoff imminent (V L 450.25). A worker who leaves a job prior to the effective date of a definite layoff leaves without good cause, if the layoff is the reason for leaving, unless he has a definite offer of new work.

F. Leave of absence or holiday (V L 450.3)

1. When a worker leaves a job because he is refused a leave of absence or time off from the job, the adjudicator must consider the urgency of the worker's request and the effect the absence would have on the employer. If the claimant establishes that he was compelled to take time off and was refused, his leaving is not disqualifying.

2. A leaving because a worker was required to work on a particular holiday is disqualifying unless it is shown that he was discriminated against in the assignment of holiday work.

G. Overtime (V L 450.35)

1. The worker who quits his job because his employer refuses his request for overtime work leaves without good cause unless:

a. He can establish that the employer violated an agreement to provide him with overtime, or

b. He can establish that he has been discriminated against in the assignment of overtime work.

2. Occasional overtime work at the request of the employer does not constitute good cause for quitting even though overtime wages are not paid. However, many employers are required by legislation to pay overtime rates for overtime worked. Their failure to do so would constitute good cause for leaving.

3. Usually leaving because of required overtime, which is compensated for at overtime rates, is a disqualifying separation, unless it is shown that the overtime was discriminatory or unreasonable.

H. Part time work (V L 450.4). A worker who leaves part time work because of a desire to seek full time work leaves without good cause, unless the circumstances of the part time employment prevent him from seeking full time work during his nonworking hours.

I. Shift work (V L 450.5). Leaving work because of an objection to working a particular shift is disqualifying unless it is shown that:

1. The employer discriminated against the worker in assigning the shift, or

2. The worker is unable to work the shift for a compelling reason.

History

  • Former Rule number - Voluntary Leaving 450. - 450.5. Former Rule repealed, new Section R6-3-50450 adopted effective January 24, 1977 (Supp. 77-1). Amended effective March 22, 1979 (Supp. 79-2).
Ariz. Admin. Code §§ R6.3-50451 through R6-3-50474 Reserved
Ariz. Admin. Code § R6-3-50475 Union Relations (v L 475)

A. Agreement with employer (V L 475.1). A Collective Bar- gaining Agreement is an agreement between employer(s) and an organized group of workers which covers reciprocally agreed conditions of work.

1. The violation of a Collective Bargaining Agreement by either the employer or employee except in cases involving application of the labor dispute disqualification provision under A.R.S. § 23-777 is merely a breach of an obligation to abide by the terms of the agreement.

2. A violation of a bargaining agreement by an employer would not necessarily provide a worker with a good cause for leaving under the provisions of the Employment Security Law of Arizona. Good cause in connection with the work would be found if:

a. The employer's action caused or would cause the claimant to suffer a substantial hardship or possible physical injury; or

b. The claimant can establish that continuation of the employment would result in penalty by his union which would be detrimental to him in obtaining other work.

3. Leaving work because of alleged violations of a bargaining agreement concerning wages, hours, or working conditions should be adjudicated under the appropriate Section of these rules.

4. In any case, failure by the claimant to attempt to adjust his grievance through the grievance procedure of his union would preclude a finding of good cause.

B. Refusal to join or retain membership in union (V L 475.6)

1. A worker who has separated from work because of his refusal to join or retain membership in a union in a state which does not have a "right-to-work" law will have left work voluntarily without good cause in connection with the work when:

a. He accepts employment with the understanding that he will be required to join a union and then refuses to comply with the agreement; or

b. He allows his membership in the union to lapse when his employment depended on his remaining in good standing in his union.

2. The above policy applies even if the employer is the one who informed the claimant that he was no longer employed.

3. Under present statutes, rule R6-3-50475(B) does not apply to Arizona, which has a "right-to-work" law.

History

  • Former Rule number - Voluntary Leaving 475. - 475.6. Former Rule repealed, new Section R6-3-50475 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-50476 through R6-3-50494 Reserved
Ariz. Admin. Code § R6-3-50495 [REPEALED]

History

  • Former Rule number -- Voluntary Leaving 495. Former Rule repealed, new Section R6-3-50495 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-50496 Reserved
Ariz. Admin. Code § R6-3-50497 Reserved
Ariz. Admin. Code § R6-3-50498 Reserved
Ariz. Admin. Code § R6-3-50499 Reserved
Ariz. Admin. Code § R6-3-50500 Wages (v L 500)

A. General (V L 500.05)

1. A leaving because of dissatisfaction with wages usually involves one of the following situations. For a discussion of specific wage issues refer to the indicated section of these policy rules.

Agreement concerning wages (R6-3-50500(B))

Failure or refusal to pay (R6-3-50500(C))

Piece rate or commission basis (R6-3-50500(F))

Prevailing wage (R6-3-50500(G))

Reduction in rate of pay (R6-3-50500(H))

2. A worker is generally aware of the rate of pay prior to accepting a job. If he accepts employment at a specified wage, he cannot thereafter establish good cause for leaving because he becomes dissatisfied with his wages. This is true even though his rate of pay is substantially below prevailing for similar work. Good cause for leaving can be shown only if the rate of pay is below the legal minimum.

3. A worker who leaves because of dissatisfaction with his wage must make a reasonable effort to adjust his grievance prior to quitting in order to establish good cause.

B. Agreement concerning wages (V L 500.1)

1. An agreement concerning wages shall be considered to exist when a worker was informed about his rate of pay or failed to make an attempt to ascertain his wage rate when he accepted a job, and the worker is bound by the agreement. The wage agreement is no longer binding upon him, however, if the employer changes other conditions of employment sufficiently to constitute "new work". See R6-3-50315.

2. When an agreement concerning wages exists, a worker who leaves work solely because of dissatisfaction with the wage rate shall be disqualified for voluntarily leaving without good cause unless his rate of pay is below the legal minimum.

3. If the employer failed to inform the claimant of his rate of pay as requested at the time of hire, or the claimant is misinformed about his wage rate by an employment agency or agent, good cause for leaving may be established, if

a. The rate of pay makes the work unsuitable in accordance with R6-3-53500(B); and

b. He took action to adjust his grievance immediately upon learning the actual wage rate.

4. The employer's failure to abide by a wage agreement does not necessarily establish good cause for leaving work. See R6-3-50500 .H.

C. Failure or refusal to pay (V L 500.3)

1. A claimant would have good cause for quitting if the facts clearly establish that his employer willfully refused to pay him wages that were actually due, provided that he first made a reasonable attempt to adjust his grievance.

2. A worker has the right to receive his wage in the proper amount and when due. It would be unreasonable to expect him to continue working unless he is reasonably certain of being paid for his services. Thus a claimant would leave with good cause connected with his work; when:

a. The employer is repeatedly late paying his wages;

b. The claimant is repeatedly paid with checks drawn on insufficient funds even if restitution is made.

3. Isolated instances of late payment of wages, or payment of wages with a bad check when prompt restitution is made will not establish good cause for leaving.

4. A worker who quits because his employer deducts certain amounts from his wages to cover shortages, breakages, etc., leaves without good cause connected with the work if such deductions were made pursuant to a prior agreement, even though the claimant may not be at fault, provided the size of the deduction is reasonable. It would be unreasonable for an agreement or contract to require a deduction greater than 25% of a claimant's net wages from a single paycheck.

5. In the absence of a prior agreement between the claimant and the employer permitting such deductions, leaving with good cause in connection with the work will depend upon whether the employer has acted reasonably. If the facts establish that the claimant is guilty of willful or culpable negligence in connection with the cash shortages or breakage which lead to the deduction, the employer is considered to have acted reasonably, provided the size of the deduction is reasonable. It would be unreasonable for an employer to deduct more than 25% of a claimant's net wages from a single paycheck.

6. For the purposes of this regulation, net wages means gross wages less mandatory deductions.

7. If the employer makes deductions for shortages or breakage not authorized by the prior agreement, and the facts do not establish that the claimant is guilty of either willfulness or negligence, a claimant would have good cause for quitting unless the employer had refunded the deduction.

D. Increase refused (V L 500.4). A worker who quits solely because his employer has refused to grant him a pay increase leaves work voluntarily without good cause in connection with his employment, unless:

1. He had been assigned more responsible duties normally carrying a higher rate of pay for longer than a temporary short period of time; and

2. He attempted to adjust his grievance before leaving.

E. Living or low wage (V L 500.45). When a claimant has left his employment because of low wages or because he contends his wages do not constitute a living wage, the adjudicator should give first consideration to the prevailing rate R6-3-50500(G), and if applicable to piece rate or commission R6-3-50500(F).

F. Piece rate or commission (V L 500.65)

1. In resolving separation issues for commission or piece rate worker's the adjudicator must determine whether the claimant left his job because he was personally unsuccessful, or because the employer's requirements or the conditions of work provided by the employer would have caused the average worker with proven ability to be unsuccessful.

2. Generally, at the time of hire the employer will provide the commission or piece rate worker with a reasonable approximation of the amount of wages he can expect to earn while on the job. If the employer entices a worker to accept employment by quoting completely unrealistic potential earnings, or providing misleading wage information, and the worker's actual wages are disproportionately low, he would have good cause for leaving.

3. An employer will be considered to have furnished misleading wage information when he indicates that the worker can expect to earn more than 10% in excess of the average wage of the other employees doing the same work on the same basis as the claimant.

4. A worker's wages will be considered disproportionately low, if, after giving the work a fair trial, his average weekly earnings are substantially below the average weekly wage of his employer's other workers. The adjudicator will consider only those workers who did the same type of work and were paid on the same basis as the claimant. The period of time on which this average is based should as nearly as possible include a full cycle of the employer's business to avoid distortions created by seasonal fluctuations.

5. The commission or piece rate worker would leave for compelling personal reasons not attributable to the employer; if

a. The employer provides the worker with a reasonable appraisal of the amount of wages he can expect to earn on the job but the worker's wages are disproportionately low because of personal inability to produce or sell; or

b. The employer did not discuss potential earnings with the worker before hire, or the adjudicator is unable to determine the approximate wages discussed, and his wages are disproportionately low.

6. The worker leaves voluntarily without good cause when it is established that his low earnings are a result of his failure to:

a. Devote necessary time and effort to his work; or

b. Follow reasonable instructions of his employer; or

c. Give the work a fair trial.

7. Determining if a worker devoted the necessary time and effort to a job or if he failed to follow reasonable instructions of his employer should not be unduly difficult. However, a determination as to whether a worker has given the work a "fair trial" is sometimes difficult. Several factors must be considered, such as:

a. Whether the claimant had actual or related experience in the type of work before accepting the job. Generally, the more extensive the prior experience, the shorter the time necessary to achieve success in the new job.

b. The length of time required to attain proficiency, or to develop contacts or leads necessary to result in average earnings in the occupation. For example, selling appliances may require much less time in developing leads than selling insurance.

c. The financial strain which would have been created for the claimant had he attempted to continue. For example, 2 or 3 months with little or no income would create an impossible situation for many workers even though they might have achieved success within 6 months.

G. Prevailing wage (V L 500.7). A claimant who leaves work solely because his wage is below the prevailing wage shall be disqualified for voluntarily leaving without good cause in connection with the work if he agreed to the wage when he accepted the job unless his rate of pay is below the legal minimum.

H. Reduction in wages (V L 500.75)

1. General (V L 500.751). Under the ordinary employment relationship, there is neither an express nor implied agreement that the employer will not reduce wages.

2. A claimant who quits solely because his wages were reduced shall be disqualified for leaving work voluntarily unless he attempted to adjust his grievance prior to leaving and:

a. The wage rate is reduced to an amount which is below the legal minimum, or which would make the work unsuitable in accordance with the refusal of work portion of these rules; or

b. The employer arbitrarily reduced the wages as a means of discriminating against the worker, even though the reduced wage is not below the prevailing rate. Arbitrarily reduced means the reduction was substantial or disproportionate and not generally applied.

History

  • Former Rule number -- Voluntary Leaving 500. - 500.751. Former Rule repealed, new Section R6-3-50500 adopted effective January 24, 1977 (Supp. 77-1). Amended effective February 15, 1978 (Supp. 78-1).
Ariz. Admin. Code § R6-3-50501 Reserved
Ariz. Admin. Code § R6-3-50502 Reserved
Ariz. Admin. Code § R6-3-50503 Reserved
Ariz. Admin. Code § R6-3-50504 Reserved
Ariz. Admin. Code § R6-3-50505 [REPEALED]

History

  • Former Rule number -- Voluntary Leaving 505. Former Rule repealed, new Section R6-3-50505 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-50506 through R6-3-50514 Reserved
Ariz. Admin. Code § R6-3-50515 Working Conditions (v L 515)

A. General (V L 515.05)

1. The term "working conditions" includes all aspects of the employer-employee relationship, but in this Section it will be confined to environmental conditions such as light, sanitation, fellow-employees, etc.

2. A worker who leaves because of dissatisfaction with working conditions, must show that one or more of these conditions are substantially below those prevailing in the area for similar work. Mere dislike, distaste, or inconvenience created by small variations in working conditions will not establish good cause for leaving work. The determination generally will turn on a comparison of the claimant's actions with the degree of tolerance the normal worker would be expected to exercise before leaving under the same conditions.

3. When an employer imposes unreasonable demands or working conditions which force a worker to terminate his employment, the worker would leave with good cause.

4. Before good cause or a compelling personal reason for leaving can be established, a worker must have attempted to adjust his grievance prior to leaving unless such an attempt was not feasible.

B. Apportionment of work (V L 515.2)

1. An employer may reasonably alter or add to the job duties of an employee from time to time. Unless these changes render the work unsuitable, this is not good cause for leaving. Occasional emergency assignments do not establish good cause.

2. Assignment of more work to one employee than another in the same classification does not in itself establish good cause for leaving. It may be good cause if:

a. The assignment is unreasonably difficult; or

b. The assignment of work was made on a discriminatory basis.

C. Fellow employee (V L 515.4)

1. A worker who leaves because of inharmonious relations with a fellow employee leaves with good cause if he is established that the conditions were so unpleasant that remaining at work would create an intolerable work situation for him.

2. In determining whether a situation is intolerable, the following factors should be considered:

a. Would continued employment create a severe nervous strain or result in a physical altercation with the other employee?

b. Was the worker subjected to extreme verbal abuse or profanity? The importance of profane language as an adverse working condition varies in different types of work.

3. A physical attack by a fellow-employee would be good cause for leaving if the claimant was clearly not at fault, unless the employer had taken reasonable steps to avoid a recurrence.

D. Prevailing conditions for similar work in the area (V L 515.55)

1. A worker who establishes that the actual conditions of his job were substantially below the prevailing standards in the area, leaves for good cause.

2. It will often be difficult to compare conditions in one establishment against those prevailing in the area for similar work. The adjudicator, in making his determination, may want to refer to such information as:

union contracts

state or federal law

public health regulations

3. If the conditions are not substandard, but yet create an undue hardship on the individual worker, he leaves for a compelling personal reason not attributable to the employer.

E. Production requirement or quantity of duties (V L 515.6)

1. A worker who leaves because of the employer's production requirements leaves without good cause if these requirements are reasonable. The following factors should be considered in determining reasonableness:

a. Are the production requirements creating a condition substantially below those prevailing in the area?

b. Are the requirements reflected equitably in the worker's wages?

c. Are the requirements discriminatory? See R6-3-50515(B).

2. When a worker who leaves because he cannot, for some personal reason, meet an employer's work requirements, the adjudicator must consider the appropriate Section of these rules relating to his specific reason for leaving.

F. Supervisor (V L 515.8). When a worker leaves his job for any reason involving his relations with a supervisor, the adjudicator will apply the same considerations that apply to relations with a fellow employee; see R6-3-50515(C).

History

  • Former Rule number -- Voluntary Leaving 515. - 515.8. Former Rule repealed, new Section R6-3-50515 adopted effective January 24, 1977 (Supp. 77-1).

Article 51 DISCHARGE BENEFIT POLICY

Ariz. Admin. Code §§ R6-3-5186 through R6-3-51134 Reserved
Ariz. Admin. Code § R6-3-51135 [REPEALED]

History

  • Former Rule number Misconduct 135. - 135.35. Former Rule repealed, new Section R6-3-51135 adopted effective January 24, 1977 (Supp. 77-1). Section repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-51136 Reserved
Ariz. Admin. Code § R6-3-51137 Reserved
Ariz. Admin. Code § R6-3-51138 Reserved
Ariz. Admin. Code § R6-3-51139 Reserved
Ariz. Admin. Code § R6-3-51140 Misappropriation of Funds or Property; Falsification of Employment Records

A. To determine whether a claimant's misappropriation of company funds or property is misconduct that will disqualify the claimant from receipt of unemployment benefits, the Department shall consider the employer's practices regarding the handling of funds and whether the claimant knew that the claimant was misappropriating funds.

2 1. A claimant who is discharged for knowingly misappropriating company funds is discharged for misconduct connected with employment. Misappropriation includes misusing credit cards, checks, or other financial instruments owned or controlled by the employer.

3 2. A claimant who is discharged for retaining funds to which the claimant honestly believes the claimant is entitled, and makes adjustment or restitution upon notification, is discharged for reasons other than misconduct relating to such funds.

3. A claimant who is discharged for knowingly misappropriating company property, or conversion of the employer's property or theft is discharged for misconduct connected with employment.

3 4. A claimant who is discharged for retaining company property to which the claimant honesty believes the claimant is entitled, and makes adjustment or restitution upon notification, is discharged for reasons other than misconduct relating to such company property.

B. A claimant who is discharged for falsification of an employment application or for falsification of a written document related to the claimant's obtaining or retaining employment or for falsification of work or time records is discharged for misconduct related to employment when the available evidence establishes that the falsification was or is:

1. Material to the claimant's ability to obtain, retain, or perform the job; and

2. Of such a nature as to adversely affect a material or substantial interest of the employer.

History

  • Former Rule number Misconduct 140. - 140.25. Former Rule repealed, new Section R6-3-51140 adopted effective January 24, 1977 (Supp. 77-1). Amended as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted effective October 30, 1979 (Supp. 79-5). Amended effective December 20, 1995 (Supp. 95-4). Amended by final rulemaking at 24 A.A.R. 1417, effective 6/19/2018.
Ariz. Admin. Code §§ R5-3-51141 through R6-3-51189 Reserved
Ariz. Admin. Code § R6-3-51190 Evidence (misconduct 190)

A. General (Misconduct 190.05)

1. Evidence is that which furnishes any mode of proof or that which is submitted as a means of learning the truth of any alleged matter of fact. This evidence is usually in the form of oral or written statements of a claimant, employer, or witnesses. The adjudicator must obtain all pertinent evidence reasonably available to make a non-monetary determination.

2. A claimant or employer statement written and signed by him is valuable as evidence. Documentary evidence, such as physician's statements or union by-laws and contracts, is often significant. Such evidence should be fully identified and proved authentic in order to have evidential weight.

3. From the standpoint of logic, evidence which does not tend to establish a fact should not be considered in determining the truth of that fact.

B. Burden of proof and presumption (Misconduct 190.1)

1. The burden of proof consists of the requirement to submit evidence of such nature that, taking all other circumstances into account, the facts alleged appear to be true. When this burden has been met, the evidence becomes proof.

2. The burden of proof rests upon the individual who makes a statement.

a. If a statement is denied by another party, and not supported by other evidence, it cannot be presumed to be true.

b. When a discharge has been established, the burden of proof rests on the employer to show that it was for disqualifying reasons. This burden may be discharged by an admission by the claimant, or his failure or refusal to deny the charge when faced with it.

c. An employer who discharges a worker and charges misconduct but refuses or fails to bring forth any evidence to dispute a denial by the claimant does not discharge the burden of proof. It is important to keep in mind that mere allegations of misconduct are not sufficient to sustain such a charge.

C. Weight and sufficiency (Misconduct 190.15)

Evidence must be evaluated during the course of adjudication to determine whether it is sufficient to make a decision. Sufficiency is reached when further rebuttal or circumstantial evidence will not alter the conclusions of the adjudicator.

2. When sufficient evidence has been obtained, all the facts available must be weighed. Only relevant evidence can be considered.

a. Unsupported oral statements may be outweighed by documentary evidence from disinterested third parties.

b. Specific detailed facts must be given more credence than general statements.

c. Credible testimony of an eye witness must be given more weight than hearsay statements.

3. When the evidence, in its entirety, is evenly balanced, or weighs in favor of the claimant, misconduct has not been established and no disqualification is in order. When there is conflicting evidence, but the adjudicator concludes that the weight of evidence supports the employer's allegations, he should hold that the claimant was discharged for misconduct.

History

  • Former Rule number Misconduct 190. - 190.15. Former Rule repealed, new Section R6-3-51190 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-51191 through R6-3-51234 Reserved
Ariz. Admin. Code § R6-3-51235 Health or Physical Condition (misconduct 235)

Pregnancy (Misconduct 235.4). A discharge for pregnancy is never disqualifying, but under certain conditions may be for compelling personal reasons not attributable to the employer. See R6-3- 5105(B).

History

  • Former Rule number Misconduct 235. - 235.4. Former Rule repealed, new Section R6-3-51235 adopted effective January 24, 1977 (Supp. 77-1). Amended effective February 15, 1978 (Supp. 78-1). Amended effective July 24, 1980 (Supp. 80-4). Typographical error corrected (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-51236 through R6-3-51254 Reserved
Ariz. Admin. Code § R6-3-51255 Insubordination (misconduct 255)

A. General (Misconduct 255.05)

1. An employer has the right to expect that reasonable orders, given in a civil manner, will be followed and that a supervisor's authority will be respected and not undermined. There is no precise rule by which to judge when a dispute with a supervisor constitutes insubordination if insolence, profanity, or threats are not involved. The pertinent overall consideration is whether the worker acted reasonably in view of all the circumstances. Some examples of insubordination are:

a. Refusal to follow reasonable and proper instructions; or

b. Insolence in actions or language, profanity, or threats toward a supervisor without due provocation; or

c. Refusal to accept assignment to suitable work.

2. Incompatibility with a supervisor does not of itself constitute insubordination, neither does an employee's emphatic insistence on discussing the situation if he is acting in good faith. Misconduct may exist if the worker resorts to hot-tempered remarks, threats, or insolence, without due provocation.

History

  • Former Rule number Misconduct 255. - 255.05. Former Rule repealed, new Section R6-3-51255 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-51256 through R6-3-51269 Reserved
Ariz. Admin. Code § R6-3-51270 Intoxication and Use of Intoxicants (misconduct 270)

A. When a claimant is discharged for drinking intoxicating liquor, or using illegal drugs at work, or reporting to work, or coming on the employer's premises under the influence of intoxicants, a disregard of the employer's interest may be established.

B. A discharge for intoxication off the job is not disqualifying unless it can be shown that a claimant's off-duty intoxication is connected with his work. See R6-3-5185.

C. Absences or tardiness caused by off-duty intoxication or its after effects are usually considered to be for capricious reasons and should be adjudicated in accordance with R6-3-5115(C) and R6-3-5115(D).

D. Inefficiency caused by the off-duty use of intoxicants may be misconduct, and should be treated the same as any other charge of inefficiency caused by actions within the control of the claimant. See R6-3-51300.

History

  • Former Rule number Misconduct 270. Former Rule repealed, new Section R6-3-51270 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-51271 through R6-3-51299 Reserved
Ariz. Admin. Code § R6-3-51300 Manner of Performing Work (misconduct 300)

A. General (Misconduct 300.05)

1. A worker has the implied duty of performing his work with ordinary care and diligence and of making reasonable efforts to live up to such standards of performance as are required by his employer. Misconduct generally arises when a worker knowingly fails to exercise ordinary care in the performance of his duties.

2. "Ordinary care" means that degree of care which persons of ordinary prudence are accustomed to exercise under the same or similar circumstances, having due regard to his or others' rights and safety and to the objectives of the employer. This standard is general and application will vary with the circumstances. For example, the ordinary care expected of a precision engineer will vary considerably from the care expected of a ditch digger. The accepted standard of performance establishes what is ordinary care.

3. This does not mean that every claimant discharged because of unsatisfactory work performance is subject to disqualification. In the absence of gross carelessness or negligence, or recurrence of ordinary carelessness or negligence, the claimant's failure to perform his work properly is presumed to be attributed to good faith error in judgment, inability, incapacity, inadvertence, etc. A conscientious employee may be unable to perform his duties to the satisfaction of his employer because of limited mental capacity, inexperience, or lack of coordination. If such person is discharged for unsatisfactory work his discharge is not for misconduct.

B. Accident (Misconduct 300.1)

1. Accident is defined as "an event that takes place without one's foresight or expectation." A worker is expected to exercise that degree of ordinary care in proportion to the danger(s) inherent in the activity in which he is engaged.

2. When a worker fails to exercise ordinary care and an accident occurs, it establishes his negligence. The degree of negligence will determine whether there is misconduct. In determining the degree of negligence, the following should be considered:

a. The worker's knowledge of the potential seriousness of damage that could result from his negligence.

b. Whether he had been previously warned against negligent behavior which contributed to the final accident.

c. Pressure under which the worker had to make decisions which contributed to the accident.

d. Possibility for the claimant to have avoided the accident.

e. Extent to which other responsible persons contributed to the accident.

History

  • Former Rule number Misconduct 300. - 300.1. Former Rule repealed, new Section R6-3-51300 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-51301 through R6-3-51309 Reserved
Ariz. Admin. Code § R6-3-51310 Neglect of Duty (misconduct 310)

A. Duties not discharged (Misconduct 310.1)

1. When an employee is given certain tasks to do, an employer may expect that such duties will be performed in accordance with the ability of the worker. Failure to complete assigned work will be considered the same as improper completion of work. The reason(s) for the nonperformance or improper performance will determine whether there was misconduct.

2. A worker discharged for failing to do work which he could reasonably have been able to do or who does work improperly without reasonable excuse, is discharged for misconduct. Important considerations are:

a. The worker's knowledge and understanding of his responsibilities, and

b. The extent of his opportunity and ability to do his work properly.

B. Personal comfort and convenience (Misconduct 310.15)

1. Loafing, as distinguished from inability to maintain a production requirement, must be considered in the light of the employee's past record and previous warnings.

2. Sleeping on the job is generally considered to be misconduct connected with the work. However, sleeping on the job may not establish misconduct, such as when:

a. The claimant's sleeping was caused by an unusual circumstance, such as a lengthy period of work; or

b. Drowsiness induced by medically prescribed drugs.

C. Temporary cessation of work (Misconduct 310.2)

1. Unauthorized cessation of work, for reasons within the control of the employee, and for inadequate cause, is considered misconduct connected with the work.

2. Employees need certain personal time during working hours. Temporary cessation of work for such purposes is generally not misconduct. However, failure to follow rules and procedures concerning leaving work area may be misconduct. The reasonableness of the worker's action under the specific circumstances will determine whether the act is misconduct.

History

  • Former Rule number Misconduct 310. - 310.2. Former Rule repealed, new Section R6-3-51310 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-51311 through R6-3-51344 Reserved
Ariz. Admin. Code § R6-3-51345 Retirement

A. A worker who has no alternative to retiring or leaving employment to accept a pension, because of a requirement imposed by the worker's employer or a collective bargaining agreement, is discharged for nondisqualifying reasons when:

1. The collective bargaining agreement under which the worker is employed mandates the worker's retirement at a specified age,

2. The employer has a rule mandating retirement at a specified age, or

3. The employer notifies the worker that the worker has no choice but to accept retirement.

B. The Department shall determine the employer's chargeability for benefits in accordance with A.R.S. § 23-727 and A.A.C. R6-3-1708.

History

  • Former Rule number Misconduct 345. Former Rule repealed, new Section R6-3-51345 adopted effective January 24, 1977 (Supp. 77-1). Amended effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-51346 through R6-3-51384 Reserved
Ariz. Admin. Code § R6-3-51385 Relation of Offense to Discharge (misconduct 385)

A. Before a disqualification for a discharge for misconduct may be applied, the worker must have committed an act(s) of misconduct connected with his work and he must have been discharged for such act(s).

B. Generally, only the employer can state authoritatively the reasons for the worker's dismissal. If the discharge does not follow the commission of misconduct in a prompt and reasonable sequence of events, the burden falls on the employer to establish the causal relationship. When an unreasonable length of time has elapsed between the commission of the act and the discharge, the employer has in effect condoned the act, and the subsequent discharge is not for work-connected misconduct.

History

  • Former Rule number Misconduct 385. Former Rule repealed, new Section R6-3-51385 adopted effective January 24, 1977 (Supp. 77-1). Amended effective April 6, 1979 (Supp. 79-2).
Ariz. Admin. Code § R6-3-51386 Reserved
Ariz. Admin. Code § R6-3-51387 Reserved
Ariz. Admin. Code § R6-3-51388 Reserved
Ariz. Admin. Code § R6-3-51389 Reserved
Ariz. Admin. Code § R6-3-51390 Relations with Fellow Employees (misconduct 390)

A. General (Misconduct 390.05). An employer has the right to expect that his employees will not conduct themselves toward each other in such manner as to interfere unduly with the routine or efficient conduct of his business. Temperamental inability to get along with fellow employees is not deemed to be misconduct connected with the work. Only when incompatibility manifests itself in an overt act which could impair the efficiency of operations, or could result in injury to the employer's interest may it be deemed misconduct.

B. Abusive or profane language (Misconduct 390.1)

1. The use of abusive or profane language may be work connected misconduct depending upon the circumstances. If the employment is of a nature that the use of such language interferes with the proper routine of the employer's business, misconduct exists as there is a violation of the employee's duty to the employer.

2. At some work sites mildly abusive and profane language are accepted as normal standards of behavior. The use of such language in those employment situations does not constitute misconduct. Only when it is used in such a belligerent or vociferous manner that there is interference with good order and discipline at the establishment can misconduct be established.

3. The occasional use of profanity is not misconduct unless it leads to dissatisfaction and discord among employees, and the employer had previously warned against its use.

C. Altercation or assault (Misconduct 390.2). Fighting with a fellow employee on the employer's premises is generally considered to be misconduct connected with the work. However, if the claimant is acting in self-defense or the evidence indicates that the fault and first blow or attempted assault rests with the other employee, the claimant is not deemed to have committed an act of misconduct connected with the work.

D. Annoyance of fellow employee (Misconduct 390.25)

1. If an individual molests, knowingly irritates, or otherwise annoys his fellow employees during working hours, he shall be considered to have committed an act of misconduct connected with the work unless the disagreeable situation resulted from good faith actions or in connection with the worker's responsibilities.

2. Ordinary bickering with or "baiting" a fellow employee generally is not deemed misconduct conducted with the work unless it becomes potentially harmful to the employer and the worker has been made aware through general rules or warnings that he must avoid or discontinue such action(s).

History

  • Former Rule number Misconduct 390. - 390.25. Former Rule repealed, new Section R6-3-51390 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-51391 through R6-3-51434 Reserved
Ariz. Admin. Code § R6-3-51435 Tardiness (misconduct 435)

A. The duty to report to work on time is similar to the duty to be present for work. The responsibility for punctuality is expressed or implied in the contract of employment.

B. The degree of responsibility may vary in proportion to the potential harm to the employer and to the degree of control the worker had over his tardiness. Late arrival due to unavoidable delay in transportation, emergency situations, or causes not within the claimant's control is not misconduct. Unnecessary delay in arrival beyond the time that the worker should have been able to get to work after considering his reason for delay may constitute misconduct.

C. An isolated instance of tardiness usually is not misconduct. However, when an employee has special responsibilities such as opening an establishment, furnishing power and heat for others and the like, his failure to exercise a high degree of concern for punctuality may amount to misconduct. In the absence of pressing responsibilities, misconduct may be found in repetition of tardiness caused by the worker's failure to exercise due care for punctuality.

History

  • Former Rule number Misconduct 435. Former Rule repealed, new Section R6-3-51435 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-51436 through R6-3-51474 Reserved
Ariz. Admin. Code § R6-3-51475 Union Relations (misconduct 475)

A. Membership or activity in union (Misconduct 475.5). Union activity except as hereinafter specified does not constitute an intentional breach of a worker's obligation toward his employer, nor may it be construed as disregard of the employer's interest. Membership in a union, agitation for unionization, or support of a union are not acts of misconduct in themselves. A worker who is discharged for joining a union is not discharged for misconduct connected with his work. This is generally also true of a worker dismissed because of union activity. However, when the union activities violate a known and reasonable company rule such as unauthorized solicitation of membership, or collection of dues and the like on company time or premises, a discharge for that reason is usually for misconduct connected with the work.

B. Refusal to join or retain membership in union (Misconduct 475.6)

1. The Constitution of Arizona provides: "No person shall be denied the opportunity to obtain or retain employment because of non-membership in a labor organization, nor shall the state or any subdivision thereof, or any corporation, individual or association enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of non-membership in a labor organization." In accordance therewith, a worker who is discharged in Arizona or in another state having a "right to work" law because of refusal to pay union initiation fees or membership dues, is discharged for a reason other than misconduct connected with the work.

2. If the worker is discharged from employment in a state which does not have a "right to work" law, refer to R6-3-50475(B).

History

  • Former Rule number Misconduct 475. -475.6. Former Rule repealed, new Section R6-3-51475 adopted effective January 24, 1977 (Supp. 77-1). Amended effective March 19, 1979 (Supp. 79-2).
Ariz. Admin. Code §§ R6-3-51476 through R6-3-51484 Reserved
Ariz. Admin. Code § R6-3-51485 Violation of Company Rule (misconduct 485)

A. General (Misconduct 485.05)

1. An employee, discharged for violating a company rule, generally is considered discharged for misconduct connected with the work. This principle is based on the theory that when hired, an employee agrees to abide by the rules of his employer. This section covers rules peculiar to a particular employer, and not rules constituting the general code of industrial misconduct. In order for misconduct connected with the work to be found, it must be determined that the claimant knew "or should have known" of the rule and that the rule is reasonable and uniformly enforced.

2. Recognition must be accorded to the type of business in which the employer is engaged and other surrounding circumstances. The rule must be reasonable in light of public policy and should not constitute an infringement upon the recognized rights and privileges of workers as individuals. Rules to affect the employee's conduct outside the employer's premises and which could not reasonably affect the employer's interests are generally considered unreasonable.

B. Garnishment, assignment of wages, or failure to meet financial obligation (Misconduct 485.6)

1. Effective July 1, 1970, the Consumer Credit Protection Act prohibits an employer from discharging an employee on the ground that the employee's wages were subjected to garnishment for any one indebtedness (U.S.C.A. 15-1671, et seq.). A discharge in violation of this law is not disqualifying.

a. "Garnishment for a single indebtedness" would include all garnishments taken to collect one debt and relates only to a garnishment action taken during employment with one employer.

b. Questions as to whether continuing or revolving accounts and other similar debt making processes constitute a single indebtedness should be directed to any office of the Wage and Hour Division of the Department of Labor, the organization charged with enforcement of this law.

2. When a worker is separated for a garnishment on other than a first indebtedness, misconduct may be established when the worker had received prior warning that discharge might result from such garnishment and:

a. He incurred the subsequent indebtedness through nonessential purchases, or

b. He failed to make a reasonable effort to pay for essential purchases when financially capable or make a reasonable effort to forestall garnishment on an essential purchase when not financially able to pay.

C. Motor vehicle (Misconduct 485.65). A claimant discharged for violating a company rule regarding the operation of a motor vehicle, is discharged for misconduct connected with the work when it appears that the violation of the company rule did, or could have reasonably been expected to, adversely affect the employer's interests. See R6-3-51490 regarding violation of law in connection with motor vehicles.

D. Safety regulations (Misconduct 485.8). A worker who is discharged for violation of a safety rule almost always is determined to be discharged for misconduct connected with the work. It is only when a rule is petty, unknown to the workers, previously has been unenforced, or is violated unwittingly that misconduct is not found. In considering cases involving such situations, the extent of the hazard presented by the violation of the rule, and the care which the claimant exercised, are to be considered.

History

  • Former rule number Misconduct 485. - 485.8. Former rule repealed, new Section R6-3-51485 adopted effective January 24, 1977 (Supp. 77-1). Amended effective November 7, 1979 (Supp. 79-6).
Ariz. Admin. Code § R6-3-51486 Reserved
Ariz. Admin. Code § R6-3-51487 Reserved
Ariz. Admin. Code § R6-3-51488 Reserved
Ariz. Admin. Code § R6-3-51489 Reserved
Ariz. Admin. Code § R6-3-51490 Violation of Law (misconduct 490)

General (Misconduct 490.05)

1. A worker discharged from employment because of an alleged violation of a public law or rule shall be found to have been discharged for misconduct provided a preponderance of evidence establishes that:

a. The act(s) amounted to misconduct connected with the work (see R6-3-5185), and

b. The worker committed the act(s) alleged.

2. The allegation, arrest, charge, information or indictment is not evidence that the worker committed the alleged violation of public law or rule.

3. A felony offense connected with the work is misconduct. A misdemeanor offense or a violation of a public rule which has the potential to substantially and adversely affect the employer's business interest is misconduct.

4. A worker discharged for refusal to violate a public law or rule will be found to have been discharged for a reason other than misconduct connected with the work.

5. A benefit determination shall not be delayed pending action by a court or another agency.

History

  • Former rule number Misconduct 490. - 490.05. Former rule repealed, new Section R6-3-51490 adopted effective January. 24, 1977 (Supp. 77-1). Amended effective February 15, 1978 (Supp. 78-1). Amended effective October 22, 1981 (Supp. 81-5).

Article 52 ABLE AND AVAILABLE FOR WORK

Ariz. Admin. Code §§ R6-3-5291 through R6-3-52104 Reserved
Ariz. Admin. Code § R6-3-52105 Contract Obligation (able and Available 105)

A. An individual's normal field of employment may be narrowed by contract obligations. For example:

1. Under contract terms with his last employer, he may be prohibited from accepting work in a certain line; or

2. His contract with an employer may require that he hold himself ready to answer work calls from that employer on certain days of the week; or

He may be required by a lease to remain on a certain piece of property most of his time.

B. Before determining whether a contract renders an individual unavailable, the relevant restrictions of the contract must be considered. If the contract requires full-time employment, the claimant is not available for work. If it does not, the claimant's obligations must be examined to see whether they unduly restrict accepting full-time employment for which he is qualified. Undue restriction consists of that degree of restriction which leaves no reasonable possibility of acceptance of full-time employment. Thus, if a salesman is obligated not to take sales work and cannot or will not take other work, he is unduly restricted and is unavailable for work.

C. An individual may be under certain contractual obligations and still assert that if employment were offered he would accept it in violation of his contract. This assertion must be viewed in the light of all the circumstances; if it appears to be true, there is no restriction in fact. In this type of case, thoroughness of investigation by the adjudicator cannot be too greatly emphasized.

D. A claimant who is "on call" or on "extra" or "stand-by" basis, but who is not required to work specific hours, may be presumed available for work if other circumstances indicate a readiness to accept work. A claimant on call who is not required to work specific hours and is ready to accept other work may be held available for work.

E. A contract to work in the future does not affect availability for the present, unless preparation for employment restricts the claimant's acceptance of suitable work. There is no requirement that the individual must be available for work at some future time. The mere fact that the claimant has a contract to begin another job several months after filing his initial claim does not render him unavailable during the period prior to beginning work under the contract. However, if the claimant states that he is unwilling to accept work because he has a contract for work beginning some time in the near future, he is unavailable for work.

History

  • Former rule number - Able and Available 105. Former rule repealed, new Section R6-3-52105 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-52106 through R6-3-52149 Reserved
Ariz. Admin. Code § R6-3-52150 Distance to Work (able and Available 150)

A. General (Able and Available 150.05)

1. There is a presumption of unavailability if an individual resides in a community in which there is no type of work existent for which he is qualified, and he is unable to seek and accept work in other communities in which such work does exist. This presumption can be overcome by a showing that the individual has an attachment to the community in which he is residing and that other suitable work exists. In arriving at a determination of this nature it is necessary to identify the type or types of work which the individual might reasonably be able to do and establish that such work does exist. If such work does exist, a period of adjustment is permitted before the claimant is expected to seek work elsewhere. The length of the adjustment period will depend on the length and nature of the claimant's attachment to the community and his prospects of securing other related work. In establishing the existence or lack of existence of such work it is essential to consider the total number of jobs of such classifications rather than the number of job openings or job orders.

2. Regardless of the claimant's attachment to the community, he should be held available if some work exists in the community in which he resides and there is a reasonable expectancy of his obtaining such work.

B. In transit (Able and Available 150.1)

1. When an individual moves from locality to locality, it is important to determine whether the individual's activities are directed toward efforts to obtain work or are directed to personal efforts inconsistent with his attachment to the labor market.

2. A claimant who is absent from his home or the community in which he most recently performed work, without additional evidence as to the reason for his absence, is presumed unavailable for work.

3. When the circumstances show that the claimant's purpose in traveling was to obtain employment and it was reasonable for him to believe that his opportunities for employment would be improved by the travel, he may be considered available for work during the period in which he was in transit.

C. Removal from locality (Able and Available 150.15)

1. Generally, a claimant must be in a position to accept work of a type for which he is qualified at a place where that type (or types) of work is done. The mere fact that a claimant goes or moves from one locality to another is not of itself a basis for holding him unavailable for work. The main factors to consider in such a case are:

a. What are his work opportunities in the new locality?

b. Does he actually want work in the new locality?

c. Does his reason for leaving the old locality or leaving employment in the former locality still exist and, if so, does this unduly restrict his availability for work?

2. A claimant who goes to a new locality generally will be presumed available for work if:

a. The labor force conditions there afford him some work opportunities;

b. He has registered for work;

c. He is seeking work in the manner ordinarily followed by persons seeking work there; and

d. There are no undue restrictions on his employability.

3. However, if the claimant left employment to go to the new locality or if his move was necessitated by personal or domestic circumstances, a more intensive inquiry into the reason surrounding the move must be made since the reason for leaving may restrict the individual's availability in the new location.

4. If the individual left work in the old locality because of dissatisfaction with wages or some other working condition, the same or other objectionable working conditions may exist in the new locality. Thus, he may be restricting his employability in the new locality to such an extent that he is not considered available for work.

5. If he left the locality because of his own health or illness or that of a member of his family, his ability to work or availability may be restricted in the new locality by the same circumstances, e.g., new climate does not improve health enough to enable him to work; member of family requires care which the claimant must give because of inability or unwillingness to obtain someone else to care for the family member.

6. Various other factors may have a bearing as to whether a claimant is available for work in a new locality. Among these are:

a. The anticipated permanency of his stay;

b. His reasons for going there if he intended to remain only a temporary period;

c. The nature of the restrictions upon his employability;

d. His reasons for anticipating job opportunities in the new community;

e. His reasons for refusing work in other localities;

f. His willingness to relax restrictions as to other types of work he might accept after a reasonable period of time.

7. If the community is so small that there is a question as to whether any work opportunities exist, the adjudicator must evaluate the work opportunities in the locality and the number of vacancies which would normally occur in the occupations for which the claimant is qualified and will accept.

D. Transportation and travel (Able and Available 150.2)

1. The availability of a worker whose employment has terminated because he lacked transportation to and from the work he had been performing is questionable. This is particularly so when the loss of transportation appears to largely preclude his access to the work opportunities which characterize the specific labor force locality in which he seeks work.

"Availability for work" generally presupposes that the individual is accessible to suitable work opportunities which the particular community ordinarily supplies. Generally, if the claimant cannot accept the work opportunities that exist because of lack of transportation, he is not deemed employable and therefore, is unavailable for work; however, the fact that he may lack transportation to any specific employment does not require this result. The adjudicator shall evaluate the work opportunities that do exist not only as to number but as to the amount of attrition which would normally occur in the types of positions that exist in the area and the claimant's accessibility to such work opportunities.

3. When job offers are refused because of the distance, the issue of availability may enter into the decision because of transportation restrictions. Some points to be considered are:

a. The transportation facilities available to the claimant;

b. If dependent on public transportation, the proximity, routes and schedules are to be reviewed for the claimant's accessibility to adequate job opportunities;

c. If dependent on a relative or neighbor for transportation, the name and location of such relative or neighbor, the location of such job and the time the relative or neighbor leaves for and returns from work should be examined for the practicality of reliance on such individual for transportation.

d. The cost of transportation;

e. The transportation facilities the claimant had on his last job;

f. If no transportation is available to the main employment centers, whether he reduced his opportunity for reasonable expectancy of employment.

4. A claimant who does not have public transportation available to him must have transportation previously arranged so that he would be immediately able to commute to suitable work to which he might be referred.

5. A claimant without transportation from his residence to the major labor market centers during those hours in which the majority of the jobs for which he is reasonably fitted are performed generally will be held to be unavailable for work.

6. A claimant who refuses to travel a reasonable commuting distance substantially reducing his opportunities for employment is not available for work unless there is a reasonable expectancy of his obtaining work in the restricted locality. "Beyond reasonable commuting distance" is generally:

a. More than 20 miles from the claimant's residence to place of employment, or

b. More than one hour elapsed commuting time one way, or

c. Commuting expense equal to 15% or more of a claimant's gross wage. (The Department accepts the mileage allowance paid state of Arizona employees for use of their private vehicles for official travel as the standard for determining cost of travel to the claimant.)

History

  • Former rule number - Able and Available 150. - 150.2. Former rule repealed, new Section R6-3-52150 adopted effective January 24, 1977 (Supp. 77-1). Amended subsection (A), paragraph (1) and subsection (D), paragraphs (3) and (6) (Supp. 83-4).
Ariz. Admin. Code § R6-3-52151 Reserved
Ariz. Admin. Code § R6-3-52152 Reserved
Ariz. Admin. Code § R6-3-52153 Reserved
Ariz. Admin. Code § R6-3-52154 Reserved
Ariz. Admin. Code § R6-3-52155 Domestic Circumstances (able and Available 155)

A. A claimant is considered available for work only when he is prepared to accept at once (or within a reasonable time) any offer of suitable full-time employment. When the claimant's domestic circumstances are such that no work can be accepted for a temporary or permanent period, the claimant is unavailable for work. If, however, the claimant's circumstances do not unduly restrict his chances of employment, he may be available.

B. The restrictions must be considered in the light of the prevailing conditions of work, the claimant's past experience in working under such restrictions, and the opportunity of obtaining work under such restrictions. Quantitative standards cannot be set forth, but a good working rule is that a claimant's restrictions must not narrow his field of employment to such a degree that he has no reasonable possibility of obtaining or accepting employment for which he is reasonably fitted.

History

  • Former rule number - Able and Available 155. Former rule repealed, new Section R6-3-52155 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code § R6-3-52156 Reserved
Ariz. Admin. Code § R6-3-52157 Reserved
Ariz. Admin. Code § R6-3-52158 Reserved
Ariz. Admin. Code § R6-3-52159 Reserved
Ariz. Admin. Code § R6-3-52160 Effort to Secure Employment or Willingness to Work (able and Available 160)

A. Application for work (Able and Available 160.1)

1. In order to maintain continuing eligibility for unemployment insurance a claimant shall be required to show that, in addition to registering for work, he has followed a course of action which is reasonably designed to result in his prompt reemployment in suitable work. Consideration shall be given to the customary methods of obtaining work in his usual occupation or for which he is reasonably suited, and the current condition of the labor market. Subject to the foregoing, the following actions by a claimant either singular or in combination may be considered a reasonable effort to seek work.

a. Registering and continuing active checking with the claimant's union hiring or placement facility.

b. Registering with a placement facility of the claimant's professional organization.

c. Applying for employment with former employers.

d. Making application with employers who may reasonably be expected to have openings suitable to the claimant.

e. Registering with a placement facility of a school, college, or university if one is available to the claimant in his occupation or profession.

f. Making application or taking examination for openings in the civil service of a governmental unit.

g. Registering for suitable work with a private employment agency or an employer's placement facility.

h. Responding to appropriate "want ads" for work which appear suitable to the claimant.

i. Any other action found to constitute an effective means of seeking work suitable to the claimant.

No claimant, however, shall be denied benefits solely on the ground that he has failed or refused to register with a private employment agency or any other placement facility which charges the job seeker a fee for its services.

A claimant shall be deemed to have failed to make a reasonable effort to seek work on his own behalf if he has wilfully followed a course of action designed to discourage prospective employers from hiring him for suitable work.

3. Notwithstanding any of the foregoing, if the prospects of suitable job openings other than those listed with the public Job Service in a particular locality, or time period are so remote that any effort to seek work other than by registration for work would be fruitless to the claimant and burdensome to employers, then such registration by the claimant shall be deemed a reasonable effort to seek work.

4. A claimant is not required to register for work with the Job Service if he is unemployed due to a labor dispute at the establishment of his employer and he intends to return to work for such employer following termination of the dispute. Any claimant who is unemployed due to a labor dispute and who states on his initial claim that he register for work and lists his occupation is deemed to have met the Department's registration requirements. This applies equally to those claimants who normally obtain work by registering with their union hiring or placement facility.

5. When a claimant has a definite date to return to work for a former employer, or a definite starling date for employment or approved training, the question of availability as it relates to continued work search will depend on the nature of the claimant's usual work, the condition of the labor market, and the span of time until he is to begin work or training.

a. A claimant who customarily performs work in which temporary employment is common must continue to seek temporary jobs until the beginning date of work or training to be considered available for work.

b. A claimant qualified only in work for which odd job employment seldom exists will not be expected to seek other employment during a reasonable period before the job or training is to start. A reasonable period is generally considered to be two weeks.

B. Registration and reporting (Able and Available 160.3). When a claimant fails to respond as directed to a Job Service call-in card or telephone call-in regarding a possible referral to employment, he is unavailable for work for the week in which he fails to respond unless such failure was due to non-receipt of the card or message through no fault of his or his agent.

History

  • Former rule number Able and Available 160. - 160.3. Former rule repealed, new Section R6-3-52160 adopted effective January 24, 1977 (Supp. 77-1). Amended effective March 19, 1979 (Supp. 79-2).
Ariz. Admin. Code § R6-3-52161 Reserved
Ariz. Admin. Code § R6-3-52162 Reserved
Ariz. Admin. Code § R6-3-52163 Reserved
Ariz. Admin. Code § R6-3-52164 Reserved
Ariz. Admin. Code § R6-3-52165 Employer Requirements (able and Available 165)

A. General (Able and Available 165.05)

1. An employer has the right to set certain requirements which must be met by an individual to obtain employment. The failure or inability of an individual to meet the employer's requirements, although indicating a lack of qualifications for a particular job, will not render him unavailable for work if there are no undue restrictions upon the acceptance of other employment for which he is reasonably fitted. Some employers may require that an employee be bonded; others require physical and mental examinations, possession of certain tools, doctor's certificate, automobiles, or other equipment. Whether failure to meet such requirements would effectively bar the individual from suitable full-time employment depends on the customary practices in the claimant's occupation in that labor market area.

2. The refusal of employers to hire a worker because of non-work related requirements such as age, marital status, race or religion, constitutes unreasonable discrimination and does not render the worker unavailable.

B. Physical status (Able and Available 165.2). When a claimant is unable to meet a particular employer's physical requirements, he may be presumed able to work if it can be established that he is able to perform work for which he is reasonably qualified in some recognized occupation which exists in the community. The claimant's inability to pass an employer's physical examination or to meet its insurance requirements, in itself, does not establish his inability to work.

History

  • Former rule number -- Able and Available 165. - 165.2. Former rule repealed, new Section R6-3-5 2165 adopted effective January 24, 1977 (Supp. 77-1). Amended effective May 8, 1979 (Supp. 79-3).
Ariz. Admin. Code §§ R6-3-52166 through R6-3-52179 Reserved
Ariz. Admin. Code § R6-3-52180 Equipment (able and Available 180)

A. In certain skilled occupations such as automobile mechanic, bricklayer, carpenter, plasterer, plumber, or welder, workers customarily own the hand tools or special clothing which they use in performing their work. If a claimant is seeking work only in such occupations it is his responsibility to have such equipment available for immediate use during periods of unemployment.

B. When a worker does not possess the customary equipment for his occupation and is unable or unwilling to purchase it, he is unavailable for work unless he is qualified for and is willing to accept other work existing in the area.

History

  • Former rule number Able and Available 180. Former rule repealed, new Section R6-3-52180 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-52181 through R6-3-52189 Reserved
Ariz. Admin. Code § R6-3-52190 Evidence (able and Available 190)

A. General (Able and Available 190.05)

1. The question of ability to work frequently arises in cases when the claimant's employment was terminated by an illness or operation, but the claimant alleges a sufficient recovery to be able to return to work in his usual occupation. Any presumption of inability arising from a recent illness or operation may be rebutted by evidence showing the actual return to work following the illness or operation without a relapse. Employment subsequent to an illness is sufficient evidence of ability to work, provided it is not terminated because the individual has returned to work prematurely or found on trial he would be unable to do that type of work any longer.

2. Availability for work is more subjective and intangible than ability however, there are certain objective factors that may be applied in determining availability.

B. Burden of proof and presumptions (Able and Available 190.1)

1. When the claimant's physician states that the claimant is unable to do any work, the claimant may be presumed unable to work. However, when the claimant subsequently secures employment which is terminated by a layoff or a voluntary quit, either of which attributable to the claimant's lack of physical capacity to perform the work, his subsequent employment will not be sufficient in itself to overcome the physician's statement that the claimant is unable to work. Additional evidence however, may be presented to show that he is able to work.

2. A claimant may be presumed able to work when a physician certifies that the claimant can engage in full-time restricted work, provided the claimant is qualified to perform such work. A claimant may be presumed unable to work when a physician states he should not work for a specified period of time.

3. A claimant who states that he is able and willing to accept a part-time job but is unable to accept a full-time job because of a physical disability may be presumed to be unable to work. A claimant who states that he is unable to work is considered unable to work.

The best proof of ability is evidence that work has actually been done by the claimant despite his physical disability. In the absence of evidence that the claimant's condition has altered, this is proof of ability. For example, a totally blind claimant was determined able to work when he showed that he had worked for two years as a machine fitter in a workshop for the blind.

5. A presumption of ability to work arises from the claimant's certification of ability and the statement of the reason for separation from his last employment for causes other than a disability. However, an availability issue may be raised at any time during the claims filing or work registration process. Among the factors which may raise such an issue are:

a. Allegations made by the employer or other interested persons.

b. The claimant's oral or written statements.

c. The adjudicator's observation of an obvious disability.

d. The claimant's receipt of disability compensation, health insurance benefits, or workmen's compensation.

e. Leaving or refusal of work because of physical restrictions.

f. Evidence that the claimant was unemployed for long periods of time, or intermittently, because of his physical condition.

6. When questions of inability do arise the claimant has the burden of establishing his ability to work. The presumption of disability may be rebutted by the claimant through any or all of the following: medical evidence, proof of employment, under the same circumstances prior to the date of the claim and discovery of additional work skills.

7. A presumption of unavailability may be raised by various circumstances such as:

a. Voluntary leaving of employment.

b. Refusal of work.

c. Discharge for misconduct.

d. Failure to register for work.

e. A long period of unemployment, or self employment.

f. Attendance at school or training, other than approved training.

g. Allegations by interested parties.

h. Domestic or personal circumstances.

i. Union restrictions.

j. Contract obligations, etc.

8. A claimant's certification that he is available for work is accepted as prima facie evidence of availability in the absence of evidence to the contrary. His statement that he is unwilling to accept work is accepted as proof of his unavailability. Seeking work, regular reporting to the Job Service office and registration for work is evidence of availability.

9. Statement of specific conditions and limitations on the type of work or the circumstances under which work will be accepted may create presumptions of unavailability. For example, the presumption of unavailability exists where a claimant states that he will only accept work of a type for which he is inadequately qualified by his inability to meet established standards, union membership requirements, and the like, or, where he restricts himself to work which does not exist in the community. There must be a reasonable possibility of his obtaining the type of work for which he claims he is available during the hours to which he restricts himself, at the wages, and under the conditions stipulated by him. The work to which he restricts himself must be in a recognized occupation.

C. Weight and sufficiency (Able and Available 190.15)

1. Many factors relating to ability are identical with those bearing on availability. Factors involving involuntary leaving, refusal of work, failure to report to the local office, and a long period of unemployment are reviewed under the subject of availability. Additional factors relating exclusively to the establishment of ability to work are treated in paragraphs (2) and (3) of this rule.

2. The claimant who is unable to engage in his usual occupation because of illness or disability may be presumed able to work if he is qualified by training and experience for other work. In such cases, a doctor's certificate generally is sufficient evidence of ability, but the nature of the certificate should be scrutinized carefully. For example, a certificate showing that a claimant is able to engage in a "sedentary occupation, such as boot and shoe repairing," is not proof of ability when the claimant does not have the skill or training requisites for such an occupation. The recency of the physical examination must be considered in evaluating a medical report. When medical reports of the claimant's ability to work conflict, the major emphasis is placed upon the statement which most conforms to other information in the possession of the adjudicator.

3. A doctor's opinion that a worker's physical condition makes him more susceptible to industrial injuries and a bad employment risk is not of itself conclusive evidence, that the worker is unable to work. The term "ability to work" is interpreted as the actual physical ability of a claimant to perform work for which he is qualified.

4. The most convincing evidence of availability is full-time employment. Although an individual may have left work because of domestic duties, the fact that he subsequently accepts work when offered is evidence of availability for work. Previous full-time employment under circumstances similar to the individual's present circumstances is evidence of availability. For example, the individual who restricts herself to day work only because she is unable to find someone to care for her child except during the day is available for work if such work is generally performed in the area.

5. The extent to which a claimant's restrictions limit his possibility for employment is the criterion for establishing his availability.

History

  • Former rule number Able and Available 190. - 190.15. Former rule repealed, new Section R6-3-52190 adopted effective January 24, 1977 (Supp. 77-1). Typographical error corrected (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-52191 through R6-3-52234 Reserved
Ariz. Admin. Code § R6-3-52235 Health or Physical Condition

A. General

Ability to work, a requisite for eligibility for benefits, generally means the physical and mental capacity of an individual to work under circumstances that ordinarily exist. Thus, ability to work is defined as the possession of A claimant is able to work if the claimant possesses the physical and mental capabilities necessary to perform suitable work for which the claimant is reasonably qualified. Conversely, inability to work refers to a lack of physical or mental ability to such a degree as to prevent the acceptance of work for which one is reasonably fitted which renders him unemployable.

2. "Work for which a claimant is qualified" is not restricted to the customary occupation of the claimant. It includes any type of work for which the claimant is reasonably qualified and that the claimant can perform under normal conditions of employment. A disability may entirely prevent a claimant from pursuing the claimant's customary occupation and yet the claimant may retain sufficient physical and mental ability to perform some gainful work for which the claimant is reasonably qualified. The Department shall determine a claimant's "ability to work" on the basis of whether the claimant is able to work and not whether the claimant can obtain work.

3. "Able to work" does not include a claimant's appearance or any personal characteristic that might prejudice an employer against employing the claimant. To determine whether a claimant is able to work, the Department shall consider whether:

a. The work for which the claimant is qualified exists as a recognized part of the labor market; and

b. The claimant is capable of performing such work without endangering the claimant, coworkers, the public, or the employer.

4. The Department considers a skilled worker who can no longer follow the worker's trade more able to work than an unskilled worker because a skilled worker:

a. Typically possesses a number of skills that can be transferred to a larger number of related fields; and

b. Usually can assume more positions of responsibility.

B. Age.

1. Age, in itself, does not create a presumption that a claimant is unable to work. A statement that a claimant was separated or retired because the claimant was unable to maintain the claimant's production raises just as much of a question as to the effect of the employer's requirements for the job as it does on the claimant's ability to perform work. If the claimant can show that the claimant is able to perform other suitable work for which the claimant is qualified and reasonably fitted, or that the claimant could still meet the production standards of other employers, the claimant would be able to work.

2. In either event it requires additional evidence of its import. If the claimant can show that he is able to perform other suitable work for which he is qualified and reasonably fitted, or that he could still meet the production standards of other employers, he would not be unable to work.

C. Communicable disease

1. The Department may consider a claimant who suffers from an infectious or communicable disease to be able to work if the claimant is able to work in an occupation for which the claimant is reasonably qualified and:

2. A claimant who suffers from an infectious or communicable disease may be considered able to work

a. The claimant is willing to accept work in an occupation where the disease would not be a hazard; or

b. The claimant is under medical treatment and a physician certifies that the disease is in a noncommunicable state.

2. Except, a claimant is not able to work until a physician certifies that the claimant is able to work without endangering others when:

a. The claimant's physician states that the claimant should not work because of the danger of infecting others; or

b. The law of the community prohibits the claimant's employment because of the disease.

D. Seizures

1. An individual's ability to work may be restricted by illness or injury which results in temporary, partial, or total disability. A g a i n it is stressed that a claimant's ability is judged solely on the basis of his capability to perform work for which he is qualified and not on the willingness of employers to hire him.

2. When a claimant is subject to periodic seizures, attacks, or any episodic conditions that render the claimant unable to work during the seizure, attack, or episodic condition, the Department may consider the claimant able to work if, during the intervals between seizures, attacks, or episodic conditions, the claimant is able to perform work for which the claimant is qualified.

E. Pregnancy

Although pregnancy of itself may not render a woman unable to work, a claimant who is pregnant is presumed to be unable to work for a period of 8 weeks prior to the calculated date of delivery and for 6 weeks immediately following delivery. Such presumption may however be rebutted by medical evidence or other proof to the contrary. Pregnancy does not affect a woman's ability to work unless her physician restricts her from working in any occupation for which she is qualified.

2. A pregnant woman who leaves employment because it is too difficult for her to perform work in her customary occupation may be considered able to work if there is medical evidence that she is able to do less strenuous work for which she is reasonably qualified and she is ready to accept such work.

3. The Department shall consider a woman unavailable for work if the woman, because she is pregnant, voluntarily leaves suitable employment that she could have continued to perform and that did not adversely affect her health .

When a woman was unable to work in the early months of pregnancy and has recovered sufficiently to be able to return to work, the Department shall consider her able to work if her physician agrees that she is physically able to return to work.

4 5. When a pregnant woman restricts her availability for employment to work that does not require her to stand, lift heavy objects, or travel great distances, the Department may consider her able to work only if she shows that work for which she is reasonably qualified:

a. Does not require these conditions; and

b. There is a reasonable possibility of her obtaining work with those restrictions.

5. If a claimant states that she is able to work only part time because of her pregnancy, she may be presumed unable to work.

F. Disability

1. A claimant with a disability may not be able to work full-time because of that disability. So long as the claimant is not completely restricted from all work, the Department may find the claimant able to work.

2. If the claimant will be restricted in the claimant's ability to work or availability for work because of a disability, the Department may consider the claimant able to work if the claimant is seeking work up to the limit of the claimant's disability. Example: A claimant cannot work longer than four hours each day because of chronic pain. So long as that claimant is looking for and willing to work part time up to four hours per shift, the claimant is still able to work.

3. A claimant who is completely disabled and cannot work at all is ineligible.

4. A claimant shall substantiate the claimant's disability by appropriate documentation such as doctor's notes, military papers, or a judgment from a court.

History

  • Former rule number - Able and Available 235. - 235.4. Former rule repealed, new Section R6-3-52235 adopted effective January 24, 1977 (Supp. 77-1). Typographical error corrected (Supp. 97-3). Amended by final rulemaking at 24 A.A.R. 1417, effective 6/19/2018.
Ariz. Admin. Code §§ R6-3-52236 through R6-3-52249 Reserved
Ariz. Admin. Code § R6-3-52250 Incarceration or Other Legal Detention (able and Available 250)

A. An individual who is prevented from accepting employment because of confinement in jail is unavailable for work. However, every form of legal detention does not result in complete withdrawal from the labor market.

B. In most instances, a person on probation is not unduly restricted. Neither is a person who is free on bond pending appearance in court. A person under a peace bond (a bond conditioned on performance or non-performance of certain acts) may or may not be available, depending upon how much his field of employment is restricted. Broadly speaking a person is available for work when his personal conditions and circumstances leave him free to accept and undertake some form of work for which he is qualified. The fact that employers may hesitate to employ a person with a police record is irrelevant, since the person's availability is not dependent upon the willingness of employers to hire him.

History

  • Former rule number - Able and Available 250. Former rule repealed, new Section R6-3-52250 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-52251 through R6-3-52284 Reserved
Ariz. Admin. Code § R6-3-52285 Leave or Absence or Vacation (able and Available 285)

A. A claimant on leave of absence generally is unavailable for work. The availability of the claimant depends upon the following factors:

1. The reason for the leave of absence; and

2. Whether the leave of absence binds him from accepting employment during the duration of the leave; and

3. Whether he has demonstrated that he is actively in the labor market; and

4. Whether there is a financial necessity for the claimant being in the labor market.

B. The nature of the leave is of primary importance. If examination of the written leave or interview of the claimant discloses that the claimant is receiving remuneration for the period of the leave, he must be deemed to be not unemployed. If the leave contains provisions prohibiting the claimant from accepting other employment, the claimant must show that he does not intend to comply with the provision of the leave and that he is actively in the labor market. If the claimant requested the leave to recuperate from an illness or because of domestic circumstances, the ability or availability of the claimant is questionable. When the claimant contends he is able and available despite his illness or despite the domestic circumstances, the case should be reviewed with reference to R6-3-52190(A) or R6-3-52155(A) of these rules. If the claimant has removed to this area because of the need for a change of climate and he is able to work, the nature of the leave of absence and his activities in attempting to secure work must be carefully reviewed.

C. In order to demonstrate attachment to the labor market, the claimant must establish that he is making all reasonable efforts to obtain employment on his own behalf and that he is not restricting unduly the type and working conditions of the employment he will accept.

D. The final factor for consideration, the financial necessity for the claimant's being in the labor market, always should be considered in determining the availability of a claimant on leave of absence. The financial status of the claimant should be examined. The need for an income to carry current expenses is a forceful argument of a claimant's real attitude toward a job and his efforts to seek employment.

History

  • Former rule number - Able and Available 285. Former rule repealed, new Section R6-3-52285 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-52286 through R6-3-52294 Reserved
Ariz. Admin. Code § R6-3-52295 Length of Unemployment (able and Available 295)

A. In determining whether a claimant is available for work, consideration must be given to his length of unemployment. Although a claimant should be allowed a reasonable period of time in which to obtain suitable work at his highest skill, prolonged unwillingness to accept other work for which he is qualified may, in effect, render the claimant unavailable. Therefore, as the period of the claimant's unemployment lengths, he will be expected to lessen the restrictions he imposes as to the type of work he is seeking and is willing to accept.

B. Generally, the reasonable period in which a claimant shall be allowed to restrict his availability to his highest skill without denial of benefits will be the periods specified in R6-3-53295 . These periods are guides for availability purposes. In determining when a claimant should be required to widen his search for work, the adjudicator shall consider the claimant's personal circumstances and the prevailing labor market conditions.

C. A claimant shall be deemed unavailable because he restricts his search or willingness to accept work to his highest skill;

1. Beyond a reasonable period of adjustment; or

2. Whenever the possibility of obtaining work at his highest skill is remote and there is a reasonable expectation of his securing other suitable work for which he is qualified.

D. A claimant shall not be deemed unavailable because he restricts his search or willingness to accept work, to his highest skill if:

1. He has good prospects of work at his highest skill; or

2. Prospects of obtaining it are extremely limited due to excess job seekers for that type of work or other labor market conditions.

History

  • Former rule number - Able and Available 295. Former rule repealed, new Section R6-3-52295 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-52296 through R6-3-52304 Reserved
Ariz. Admin. Code § R6-3-52305 Military Service (able and Available 305)

A. A person who is subject to call for military service is not necessarily unduly restricted from accepting employment. This is true even though employers may be unwilling to hire such a worker.

1. A claimant may have been officially notified that he will be placed on active duty or active duty for training on or before a definite date and is limited to acceptance of temporary work. A claimant who is so restricted must be willing to accept temporary work without additional personal restrictions. Frequently such temporary work will not utilize the claimant's highest skill. Also the wage may not be equal to that which he earned in permanent employment. However, the claimant's unwillingness to accept such work, if it is otherwise suitable, would render him unavailable.

2. Active duty and active duty for training in the armed forces (other than weekend drills) is employment. Thus an individual on such duty is usually in employment within the meaning of A.R.S. § 23-621 of the Employment Security Law and if in employment the question of availability need not be considered. If, however for a particular week the earnings for such duty are less than the claimant's weekly benefit amount, he may be unemployed and his availability should then be tested by the same criteria as any other claimant who is employed during a partial week.

History

  • Former rule number Able and Available 305. Former rule repealed, new Section R6-3-52305 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-52306 through R6-3-52319 Reserved
Ariz. Admin. Code § R6-3-52320 Notification of Address (able and Available 320)

A claimant is obligated to keep the local office through which he is filing informed of his current mailing address so that he may be offered referrals by mail. If he cannot be reached by direct mail, he is not available for work for any week in which he fails to give the local office an address at which he can be reached by direct mail. In no event, however, should a claimant be held unavailable if his change of address is reported on the next regular report day. The above principle also applies to a claimant who is on layoff subject to recall under a contract of employment which specifies that he is to keep the employer informed of the address at which he can be reached for recall.

History

  • Former rule number Able and Available 320. Former rule repealed, new Section R6-3-52320 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-52321 through R6-3-52369 Reserved
Ariz. Admin. Code § R6-3-52370 Public Service (able and Available 370)

A. General (Able and Available 370.05). Witnesses, plaintiffs, and defendants are not employed and their availability on the days of their attendance at court is questionable. Since an individual is compelled by law to comply with a subpoena and since absence from work caused by such compliance does not constitute a breach of the employment contract, such individual is considered available for work.

B. Jury duty (Able and Available 370.1)

1. An individual shall not be deemed unavailable for work on the basis of his being selected as a member of a jury panel or as a juror in a specific trial. However, he must make a reasonable search for employment during the period he is so engaged.

2. Compensation for jury service shall be treated as wages in determining the benefit amount to which a claimant is entitled. Such wages shall be reported as earned during the week in which the claimant performs service as a juror.

C. Public office (Able and Available 370.15)

1. Questions may arise as to whether persons engaged in certain types of public service are unavailable for work or are employed.

2. Public officers such as judges, justices of the peace, policemen, etc., usually are considered as unavailable for work. However, when it is found that a public officer's duties require very little time and would not prevent his accepting suitable work for which he is qualified, he is considered to be available. For example, a justice of the peace in a rural community who is called upon only occasionally to perform marriage ceremonies, try cases, etc., may well be able to engage full time in his regular occupation.

History

  • Former rule number Able and Available 370. - 370.15. Former rule repealed, new Section R6-3-52370 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code § R6-3-52371 Reserved
Ariz. Admin. Code § R6-3-52372 Reserved
Ariz. Admin. Code § R6-3-52373 Reserved
Ariz. Admin. Code § R6-3-52374 Reserved
Ariz. Admin. Code § R6-3-52375 Receipt of Other Payments (able and Available 375)

A. General (Able and Available 375.05). Current receipt of group health insurance benefits for a concurrent period of recuperation creates a presumption that the claimant is unable to work. This presumption can be overcome if the claimant can establish that he is qualified and able to do work of a specific kind and his statement is supported by corroborating evidence. However, information on local labor market conditions available to the local office may create a presumption that the physical requirements for all work of the type for which he is qualified are too difficult to be met by the claimant. The terms of the group or health insurance policy or plan must be investigated in order to ascertain whether the claimant's allegations in his claim for benefits are contradictory to the statements made to the group or health insurance plan for the purpose of securing benefits. If the claimant's contentions or statements are contradictory, the truthfulness of the claimant's statements must be weighed in the light of all the facts.

B. Disability compensation (Able and Available 375.1)

1. Receipt of compensation for disability raises a presumption that the claimant is not able to work, but it is not in itself conclusive evidence of inability.

2. If the disability prevents work in his former occupation and there is no evidence that he is qualified for other work, he may be considered unable to work.

Evidence of the claimant's physical capacities must be obtained as a determination cannot be properly made solely on the basis of the receipt of workmen's disability compensation.

C. Pension (Able and Available 375.3)

1. A claimant's retirement or receipt of a pension creates a presumption that either the claimant has withdrawn from the labor market or his retirement is involuntary because of his inability to continue work. Positive evidence that he has re-entered the labor market will be required to overcome the presumption of ineligibility after retirement.

2. The terms and conditions in the plan or policy under which the claimant has or was retired must be ascertained. If a condition for receipt of a pension requires withdrawal from all work, the claimant would be required to show what he has done to rescind or forego his rights to the pension.

3. If the terms of the retirement agreement or plan merely preclude the continuation of employment with a given employer but makes no restriction on employment in other localities and with other employers, the presumption that the claimant has withdrawn from the labor market may be refuted by:

a. Employment after retirement,

b. Registration for work and certification of availability,

c. Efforts to find work.

History

  • Former rule number - Able and Available 375. - 375.3. Former rule repealed, new Section R6-3-52375 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-52376 through R6-3-52414 Reserved
Ariz. Admin. Code § R6-3-52415 Self-employment or Other Work (able and Available 415)

A. General (Able and Available 415.05)

1. The eligibility of self-employed individuals will initially be decided on the basis of their availability for work rather than on the basis of whether they are "employed" or "unemployed." The extent to which a claimant is prevented by the duties of his self-employment from accepting full-time suitable work is the criterion for establishing his availability.

The investment which the claimant has made in his enterprise, the existence of contractual obligations, the disposability of the business, and the nature and extent of the work which the claimant performs in his enterprise are all pertinent factors in determining his availability.

3. When the claimant is engaged in stop gap self-employment in an occupation other than his customary occupation, and his duties are incidental to the enterprise and can be delegated, or when there is no lease or contractual obligation, and the investment is small and the assets fluid, he may be available for work. However, when the investment in the enterprise is large or the income from the enterprise is substantial, a statement by the claimant that he is willing to give up the business is open to question.

4. If a claimant's activities are so limited that he can spend full time away from his enterprise during working hours, he is available for work. The fact that a claimant previously has worked full time under similar conditions is evidence of his availability.

B. Agriculture (Able and Available 415.1)

1. In determining the availability of self-employed farmers or ranchers, some of whom are available for work in spite of the fact that they have an investment and perform services on the farm or ranch, several factors must be considered such as:

a. The amount of time spent to complete their agricultural duties.

b. The amount of livestock.

c. The cost of hiring someone else to perform these duties as compared to the amount the claimant would be able to earn in his regular occupation.

d. The particular season during which the claim for benefits is filed.

History

  • Former rule number - Able and Available 415. - 415.1. Former rule repealed, new Section R6-3-52415 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-52416 through R6-3-52449 Reserved
Ariz. Admin. Code § R6-3-52450 Time (able and Available 450)

A. A claimant who although willing to work full time, but who restricts himself to specific hours may be unavailable for work. The criterion is whether the restriction is such that it results in too narrow a market for his services in the locality in which he will work. When a claimant is unwilling to accept work requiring certain hours and the work is unsuitable for the claimant or he has good cause for its refusal, rejection of an offer of such work does not affect his availability.

B. To be considered available for work, a claimant must be willing to accept suitable work during hours which afford him reasonable possibilities of obtaining work in the locality.

C. When a claimant is unwilling to work during the hours prevailing for his kind of work, it is sometimes difficult to know whether the claimant is accessible to a substantial amount of work. As in other borderline cases, we look to the objective signs of the claimant's willingness to work. Factors to be considered are the claimant's work history, and whether his restriction to certain hours resulted from domestic necessities, or reasons of health, etc. The time restriction, which are within the worker's control, more easily show an unwillingness to work.

D. A claimant who excludes employment requiring night hours is unavailable only when such hours are customary in his occupation or industry and there is not a substantial labor market during other hours.

E. A claimant who restricts himself to night work because of personal reasons which are not compelling is unavailable for work, unless a substantial labor market remains for him.

History

  • Former rule number Able and Available 450. Former rule repealed, new Section R6-3-52450 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-52451 through R6-3-52474 Reserved
Ariz. Admin. Code § R6-3-52475 Union Relations (able and Available 475)

A. General (Able and Available 475.05)

1. While union requirements may narrow a claimant's field of employment, a restriction to union conditions will not generally render a claimant unavailable for work if all of the following conditions are met:

a. He is a member in good standing of the union whose standard of wages and working conditions he demands.

b. The union has agreements affecting a substantial percentage of the jobs in the locality where he is seeking work.

The requirements for seeking work for a union member are outlined in R6-3-52160(A) of these rules.

B. Membership (Able and Available 475.5). Generally, lack of union membership does not render a claimant unavailable if there is a reasonable possibility of his obtaining employment in his usual occupation. A nonunion individual is not considered unavailable merely because an employer requires union membership as a prerequisite of being employed.

History

  • Former rule number Able and Available 475. - 475.5. Former rule repealed, new Section R6-3-52475 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-52476 through R6-3-52499 Reserved
Ariz. Admin. Code § R6-3-52500 Wages (able and Available 500)

A. A claimant should understand the import of any statement he makes regarding acceptable wages, and be aware of the prevailing rate. When it has been determined that a claimant has restricted the wages acceptable to him, an evaluation of the claimant's wage requirement is necessary to determine whether he is employable at the specified wage. The claimant's work history showing higher earnings and his possession of unusual abilities might result in employment at wages in excess of the prevailing rate. A claimant should be given a reasonable time in which to seek employment yielding comparable earnings, especially when the higher earnings appear due to superior ability. However, in time, when his continued unemployment clearly demonstrates that he must accept the prevailing rate if he is to obtain work in the particular locality, his refusal to accept the prevailing rate would render him unavailable for work.

B. In the absence of special circumstances, work at wages prevailing for his occupation in the community may be considered suitable for the claimant. Whether refusal of such work would render him unavailable depends upon whether such refusal results in his being inaccessible to a substantial number of work opportunities which the community affords. The fact that his restriction excludes some opportunities for suitable work is not conclusive that he is unavailable for work. If work in the particular locality in a particular occupation is quite standardized as to terms of employment and the vast majority of the local establishments provide rather uniform rates of pay for work in the claimant's occupation, a claimant's insistence upon higher wages for such work may result in his having only the slightest chance of becoming employed. Such a claimant would not be available for work.

C. In restricting acceptable wages to his former rate of pay, the claimant's availability is not impaired if there are reasonable prospects of reemployment at that figure in the near future.

D. A claimant who insists on union wages in a community where the union of which he is a member has agreements covering a substantial percentage of the jobs in the locality is not unduly restricting his availability. However, in a community where the union scale covers a very small percentage of jobs, such a restriction may render a claimant unavailable for work.

E. Claimants sometimes profess willingness to accept the prevailing wage scale on condition that they are guaranteed a higher wage by reason of overtime; a 48 rather than a 40-hour week; bonuses of one kind or another; or on condition they are guaranteed immediate promotion to a higher scale. Unless there is a substantial percentage of jobs in the locality subject to those conditions, the claimant is unavailable for work. (For a discussion of the method of determining prevailing wages, refer to R6-3-53500(B) of these rules.)

History

  • Former rule number Able and Available 500. Former rule repealed, new Section R6-3-52500 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-52501 through R6-3-52509 Reserved
Ariz. Admin. Code § R6-3-52510 Work, Nature of (able and Available 510)

Customary (Able and Available 510.1). A claimant who is unable to accept work in his usual occupation is able to work only if he shows that he is reasonably fitted for other work which he is capable of performing on a full-time basis, that such work exists in the community in which he resides, and he is willing to accept such work under the conditions and rate of pay that prevail for similar work in the community.

History

  • Former rule number Able and Available 510. - 510.1. Former rule repealed, new Section R6-3-52510 adopted effective January 24, 1977 (Supp. 77-1).

Article 53 REFUSAL OF WORK BENEFIT POLICY

Ariz. Admin. Code §§ R6-3-5341 through R6-3-53149 Reserved
Ariz. Admin. Code § R6-3-53150 Distance to Work (refusal of Work 150)

Commuting distance

1. Offered work which is beyond reasonable commuting distance generally would not be suitable work unless the distance is customary for the claimant or most workers residing in the same locality as the claimant.

2. Offered work which would require a claimant to move to a new locality beyond reasonable commuting distance generally would not be suitable work. Factors to be considered in determining exceptions include:

a. Financial detriment to relocation,

b. Family restrictions to relocation,

c. Duration of claimant's unemployment,

d. Expected duration and wage of offered job,

e. Customs of claimant's customary occupation, and

f. Prospects of work in customary occupation within reasonable commuting distance.

3. "Beyond reasonable commuting distance" is generally:

a. More than 20 miles from the claimant's residence to place of employment, or

b. More than one hour elapsed commuting time one way, or

c. Commuting expense equal to 15% or more of the claimant's prospective gross wage. (The Department accepts the mileage allowance paid state of Arizona employees for use of their private vehicles for official travel as the standard for determining cost of travel to the claimant.)

History

  • Former rule number Refusal of Work 150. - 150.2. Former rule repealed, new Section R6-3-53 150 adopted effective January 24, 1977 (Supp. 77-1). Former Section R6-3-53150 repealed, new Section R6-3-53150 adopted effective July 27, 1983 (Supp. 83-4).
Ariz. Admin. Code §§ R6-3-53151 through R6-3-53169 Reserved
Ariz. Admin. Code § R6-3-53170 Employment Office or Other Agency Referral (refusal of Work 170)

A. General (Refusal of Work 170.05)

1. A disqualification should not be considered until it is clear that the claimant has had sufficient time to consider the offer or referral. While a claimant should need little or no time to determine whether he will accept work which does not differ from his customary work, he may need substantial time to think over acceptance of other types of work.

2. A statement of preference for a specific type of work is not necessarily a refusal of other work. An attempt by the claimant to get better terms or a more desirable referral without a rejection of the offer should not be considered a refusal.

B. Failure to report to employment office (Refusal of Work 170.15). A claimant's failure to respond as directed to a job service call in card or telephone call, regarding a possible referral to employment, shall not be treated as a refusal of work since neither instructions to apply for work nor a definite offer of work was given. The issue in such cases is the claimant's availability for the week in question and should be adjudicated in accordance with R6-3-52160(B) of these rules.

History

  • Former rule number - Refusal of Work 170. - 170.15. Former rule repealed, new Section R6-3-53170 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-53171 through R6-3-53194 Reserved
Ariz. Admin. Code § R6-3-53195 Experience or Training (refusal of Work 195)

A. General (Refusal of Work 195.05)

1. To avoid downgrading of the claimant's skills, his prior training and experience shall be considered before he is disqualified for refusing work beneath his highest skill.

2. If the claimant has been unemployed for a long time and prospects for work in his usual occupation are not favorable he may reasonably be expected to take other work.

B. Use of highest skill (Refusal of Work 195.2)

1. A disqualification must be assessed when a claimant refuses a referral to employment or an offer of work because it would not utilize his highest skill unless it is shown that his action is reasonable and prudent.

2. The following factors must be considered in determining the reasonableness of the claimant's refusal:

a. Length of unemployment.

b. Prospects of his obtaining employment in his highest skill.

c. Whether acceptance of lesser skilled work would adversely affect his obtaining work in his highest skill.

3. When the claimant's length of unemployment has been short and he has good prospects of obtaining work in his highest skill at an early date, work in a substantially lesser skill would not be suitable. However, if employment in a claimant's highest skill is extremely limited due to economic factors, technological changes, or other labor market conditions, the claimant may be disqualified if he refuses work which is otherwise suitable.

4. For guidelines as to the duration of the period during which a claimant may insist on work in his highest skill see R6-3-53295 of these rules.

History

  • Former rule number - Refusal of Work 195. - 195.2. Former rule repealed, new Section R6-3-53195 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-53196 through R6-3-53234 Reserved
Ariz. Admin. Code § R6-3-53235 Health or Physical Condition (refusal of Work 235)

A. Illness or injury (Refusal of Work 235.25). Work that would adversely affect an existing physical or mental impairment of the claimant is unsuitable. Evidence such as a medical statement, if practical, should be obtained.

B. Risk of illness or injury (Refusal of Work 235.45). Any work involving undue risk to the claimant's health, or work that fails to meet the standards of the industry is unsuitable.

History

  • Former rule number Refusal of Work 235. - 235.45. Former rule repealed, new Section R6-3-53235 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-53236 through R6-3-53264 Reserved
Ariz. Admin. Code § R6-3-53265 Interview and Acceptance (refusal of Work 265)

Failure to accept or secure job offered (Refusal of Work 265.25). A claimant, after accepting a referral, may indicate by his actions that he did not accept it in good faith. He may, for example, without good cause fail to apply for the job, or his attitude and statements to she employer may imply that he is not applying for the job in good faith. Such indications, however, should be clear and definite before the claimant is considered to have refused an offer or referral. Before a disqualification is assessed under such circumstances, it should be clear that the job is suitable for the claimant.

History

  • Former rule number - Refusal of Work 265. - 265.25. Former rule repealed, new Section R6-3-53265 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-53266 through R6-3-53294 Reserved
Ariz. Admin. Code § R6-3-53295 Length of Unemployment

A. In determining whether work is suitable, consideration must be given to the length of the claimant's unemployment. A claimant should be allowed a reasonable adjustment period in which to find work in his customary or primary occupation. The length of the adjustment period is flexible and should be determined on the basis of all the circumstances of the case. The adjustment period begins with the first week of the claimant's unemployment or return to the labor market, whichever is later. While casual or odd jobs of less than one week's duration do not interrupt the adjustment period, they may serve as an indication of the claimant's prospects of work in his primary skill.

B. The following are adjustment period limits in which a claimant may refuse without disqualification a referral to or offer of work solely because it does not utilize his primary skill or a skill of comparable level.

Adjustment Period Skill Level

4 weeks Unskilled

7 weeks Semi-skilled

10 weeks Skilled

C. When there is no substantial labor market in the claimant's primary occupation, he will be expected to accept other suitable work for which he is qualified regardless of the length of his unemployment.

History

  • Former rule number Refusal of Work 295. Former rule repealed, new Section R6-3-53295 adopted effective January 24. 1977 (Supp. 77-1). Amended effective April 6, 1982 (Supp. 82-2).
Ariz. Admin. Code §§ R6-3-53296 through R6-3-53329 Reserved
Ariz. Admin. Code § R6-3-53330 Offer of Work (refusal of Work 330)

A. General (Refusal of Work 330.05). Before a claimant may be disqualified for refusing an offer of work, it must be established that:

1. The job was open,

2. The work was suitable,

3. The offer was outright and unequivocal,

4. The offer was genuine,

5. The claimant received the offer, and

6. The claimant received sufficient information concerning the prospective employment.

B. Time (Refusal of Work 330.3). The time (or date) when an offer of work is made is significant in determining the applicability of A.R.S. § 23-776. When an individual refuses to accept a referral to, or an offer of suitable work subsequent or concurrent to his last employment, the application of this policy must be considered even though the refusal occurs before he files a claim.

History

  • Former rule number - Refusal of Work 330. - 330.3. Former rule repealed, new Section R6-3-53330 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code § R6-3-53331 Reserved
Ariz. Admin. Code § R6-3-53332 Reserved
Ariz. Admin. Code § R6-3-53333 Reserved
Ariz. Admin. Code § R6-3-53334 Reserved
Ariz. Admin. Code § R6-3-53335 Offered Work Previously Left or Refused (refusal of Work 335)

A. Generally, no work shall be deemed suitable if a claimant has previously been disqualified in connection with his separation from such employment or has been previously disqualified for refusing a job offer for such position. However, if he is offered reemployment under substantially different working conditions, or if the circumstances which caused him to separate from the job no longer exist, the work may be considered suitable.

B. When a worker is offered reemployment in a job which he left for compelling personal reasons, or from which he was separated for non-disqualifying reasons, the circumstances surrounding his separation shall be considered in determining the suitability of the job offer.

History

  • Former rule number Refusal of Work 335. Former rule repealed, new Section R6-3-53335 adopted effective January 24, 1977 (Supp. 77-1). Amended effective August 3, 1978 (Supp. 78-4).
Ariz. Admin. Code §§ R6-3-53336 through R6-3-53364 Reserved
Ariz. Admin. Code § R6-3-53365 Prospect of Other Work (refusal of Work 365)

A. A claimant who has reasonable prospects of employment in the near future may refuse other less suitable work with good cause. In general, the more definite the prospect, the more reasonable is the decision to wait for the more acceptable job.

B. Prospect of obtaining future work may include:

1. A definite offer and acceptance of a job to begin at a definite time; or

2. A definite promise of a job although the starting date is an estimate by the employer; or

3. An indefinite statement by the employer that he may have work for the claimant; or

4. Statement by Job Service personnel; or

5. General knowledge that jobs will soon be available in a particular industry.

History

  • Former rule number - Refusal of Work 365. Former rule repealed, new Section R6-3-53365 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-53366 through R6-3-53379 Reserved
Ariz. Admin. Code § R6-3-53380 Polygraph Examination Requirement

A claimant may not be denied unemployment insurance benefits for refusing a referral to or an offer of new work if, as a condition of being employed, he must agree to submit to a polygraph examination, either as a pre-employment requirement or at any time during the course of his employment.

History

  • Adopted effective October 14, 1981 (Supp. 81-5).
Ariz. Admin. Code §§ R6-3-53381 through R6-3-53449 Reserved
Ariz. Admin. Code § R6-3-53450 Time - Hours (refusal of Work 450 - 450.15)

A. Prevailing standard, comparison with (Refusal of Work 450.155). Section 23-776(C) of the Employment Security Law provides in part:

". . . Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied under this chapter to an otherwise eligible individual for refusing to accept new work under any of the following conditions: ". . . 2. If the ... hours of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; . . ."

1. In order to conform with this provision of the Law consideration must be given to prevailing hours in every refusal of work issue. The term "hours" pertains to the number of hours required. The term "substantially less favorable" means less favorable in an economic sense. Thus, prospective employment is not unsuitable merely because it requires work, at hours that are unusual, inconvenient or socially less desirable. The latter factors should however, be considered to determine whether there is good cause for refusal.

2. The relation between the standard or maximum work week permissible under Arizona or federal laws should be considered. If the regular hours required are in excess of these standards the work is unsuitable. The prevailing work week for similar work in the locality may however, be less than the legal maximum.

3. All available evidence should be considered in determining the prevailing hours for similar work. The experience of the Job Service, data from state and federal agencies, experience of unions, and evidence from workers and employers will all be of value. The number of hours worked by the largest number of workers in similar work should be used in arriving at the prevailing hours of work per day or week.

4. Comparison of hours worked in one job with hours in similar jobs should be based on only the normal work day. If overtime is usual and customary for the majority of workers performing similar work in the locality so that the final earnings are materially affected, the amount of overtime probably required of an offered job will need to be compared with that prevailing for other jobs. If it can be established at the time of the offer that the hours of work will be substantially less than those worked in similar jobs so that the earnings will be substantially reduced, the work would be substantially less favorable to the claimant.

5. The key words and phrases used in this rule are defined in R6-3-53350(B) of these rules.

B. Temporary (Refusal of Work 450.55)

1. Temporary work is not rendered unsuitable because of its duration. The fact that the prospective employment is temporary may give good cause for its refusal if:

a. Acceptance of temporary work precludes the claimant from returning to work with his regular employer; or

b. Acceptance would restrict the claimant from obtaining permanent work which he has good prospects of obtaining; or

c. Acceptance would involve expenditures for equipment, union dues or etc., disproportionate to the remuneration to be obtained.

History

  • Former rule number - Refusal of Work 450. - 450.55. Former rule repealed, new Section R6-3-53450 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-53451 through R6-3-53474 Reserved
Ariz. Admin. Code § R6-3-53475 Union Relations (refusal of Work 475)

A. General (Refusal of Work 475.05). A claimant may not be denied benefit for refusing a referral to, or an offer of new work if as a condition of being employed he would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

B. Nonunion shop or supervisor (Refusal of Work 475.55)

1. A.R.S. § 23-776(B) of the Employment Security Law provides in part: ". . In determining whether or not work is suitable for an individual, the department shall consider ... his ... prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation . . ."

2. The fact that a union has a rule against a member working for a nonunion employer or on the same job with nonunion workers does not of itself make the offered work unsuitable, or provide good cause for refusal.

History

  • Former rule number Refusal of Work 475. - 475.55. Former rule repealed, new Section R6-3-53475 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code § R6-3-53476 Reserved
Ariz. Admin. Code § R6-3-53477 Reserved
Ariz. Admin. Code § R6-3-53478 Reserved
Ariz. Admin. Code § R6-3-53479 Reserved
Ariz. Admin. Code § R6-3-53480 Vacant Due to Labor Dispute (refusal of Work 480)

A. Benefits cannot be denied an otherwise eligible claimant for refusing to accept new work if the position offered is vacant due directly to a strike, lock out, or other labor dispute.

B. A labor dispute is defined in R6-3-56125(A) of these rules. The vacancy may be defined as any unfilled position which is open because it was held by a worker who is participating in the dispute or by a worker whose work is so integrated with that of the workers participating in the dispute that he cannot continue his work as long as the participants in the dispute are not working. Other vacancies may be created when workers are not permitted to work by those participating in the dispute or when there is a reorganization of jobs or creation of new jobs in the establishment involved in the dispute.

History

  • Former rule number - Refusal of Work 480. Former rule repealed, new Section R6-3-53480 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-53481 through R6-3-53499 Reserved
Ariz. Admin. Code § R6-3-53500 Wages (refusal of Work 500)

A. Prior earnings, comparison with (Refusal of Work 500.35)

1. Whether a claimant has good cause for refusing an offer of work in his customary occupation based solely on the grounds that the wages offered are less than those earned previously depends on:

a. Prospect of securing the wages he specifies.

b. Length of unemployment.

c. Condition of the labor market in his locality at that time.

2. Prior earnings are those received most recently especially, when the claimant has been receiving those earnings for a substantial period. If the worker's most recent earnings cover a brief period, such earnings need not be considered prior earnings unless they represent his present earning ability.

B. Prevailing rate (Refusal of Work 500.7)

1. No work shall be deemed suitable and benefits shall not be denied to an otherwise eligible individual for refusing to accept new work if the wages of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.

2. The key words and phrases are:

a. "Similar work." Is work closely related to the job being considered and generally recognized as of the same type. Actual comparison of jobs must be made on the basis of the similarity of the work done without regard to title; that is, the similarity of the operations performed, the skill, ability, knowledge required, and the responsibilities involved. Other factors such as hours of employment, permanency of the work, unionization, vacation, sick, and retirement benefits are conditions of work and should be considered only after the question of what is similar work is decided.

b. "Locality." Conditions offered are to be compared with the conditions of similar work in the locality where the work is to be done. In establishing the competitive labor market locality for an occupation, the dominant considerations are the location of the establishments employing similar services; the area from which workers are normally drawn to supply the needs of these establishments; the commuting practices and ease of transportation in the locality; and the customary migration pattern of the workers in the occupation.

c. "Wages." The customary practice of the trade in the area should be used in determining what constitutes wages. The comparison of wage rates alone, however, is not always sufficient to determine if the wages offered a claimant is substantially less favorable than those prevailing for similar work in the locality. Earnings are frequently affected not only by the wage rate and hours of work, but also by the method of payment, the overtime practices, and various extra bonuses and premiums. Only by taking all of the factors which would affect the claimant's earnings, and those of most workers in similar employment in the locality into consideration can it be determined whether the wages offered are less favorable than those prevailing.

d. "Prevailing." The prevailing wage means the most outstanding or commonly paid rate for the largest number of workers enjoyed in similar work in a locality. The model rate has generally been recognized as that prevailing where less than a majority, but as many as 40% of the workers in similar work are paid at the same rate. Therefore, when there is a single rate at which at least 40% of the workers in similar work are employed, that rate is prevailing. In the event there is no 40% mode, the prevailing rate may be determined by using the average or median wage as the standard for comparison, based on the best information available. The prevailing starting rate should be obtained in the same manner as the prevailing rate. The mode, must of necessity, be used in determining the prevailing conditions of work when fringe benefits are involved, since fringe benefits cannot be measured in numbers and cannot be averaged.

e. "Substantially less favorable." The meaning of the phrase "substantially less favorable to the individual" cannot be determined in terms of any fixed percent age, amount, or degree of difference. Both the actual conditions of the work in question and the extent of the difference, as well as its effect on the worker must be considered. The basis for comparison in each case insofar as they can be determined is the conditions under which the greatest number of workers in the particular occupation are employed in the locality. If the conditions of the offered work and those prevailing are known, it is usually easy to determine whether the difference is of a material or substantial nature or is of no real consequence. However, in borderline cases, where it is not clear whether the difference is material, the claimant should not be subject to a disqualification for refusing work unless it is reasonably certain that the conditions on the job are not substantially less favorable than those prevailing for similar work in the locality.

History

  • Former rule number - Refusal of Work 500. - 500.7. Former rule repealed, new Section R6-3-53500 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code §§ R6-3-53501 through R6-3-53509 Reserved
Ariz. Admin. Code § R6-3-53510 Work, Nature of (refusal of Work 510)

A. Customary (Refusal of Work 510.1)

1. Occupation refers to the type of work a claimant was performing and not the industry in which he worked.

2. Customary occupation may be defined as follows:

a. The occupation in which an individual has developed his highest skill either through experience, training, or education; or

b. The occupation in which he has developed a skill through progressive steps of advancement, even though he has worked in such occupation for a relatively short period of time; or

c. The occupation in which he was engaged the longest period of time, when his work history indicates experience in a number of occupations involving related skills; or

d. The only occupation in which the claimant has engaged.

3. If during the adjustment period (Refer to R6-3-53295) a claimant has a good prospect of obtaining work in his customary occupation, he would have good cause for refusing other work. Conversely, if it is apparent there is little opportunity of obtaining work in his customary occupation he would not have good cause for refusing suitable work outside his customary occupation.

B. Light or heavy work (Refusal of Work 510.35). To be suitable, the offered work must be within the claimant's physical limitation.

History

  • Former rule number - Refusal of Work 510. - 510.35. Former rule repealed, new Section R6-3-53510 adopted effective January 24, 1977 (Supp. 77-1).
Ariz. Admin. Code § R6-3-53511 Reserved
Ariz. Admin. Code § R6-3-53512 Reserved
Ariz. Admin. Code § R6-3-53513 Reserved
Ariz. Admin. Code § R6-3-53514 Reserved
Ariz. Admin. Code § R6-3-53515 Working Conditions (refusal of Work 515)

A. General (Refusal of Work 515.05)

1. A worker may reasonably expect working conditions which do not involve undue risk to his health, safety or morals. Although these factors are separate and distinct, a number of considerations apply to all three.

2. Protective standards required by law and governmental regulations must be considered. Work which violates any of these standards is unsuitable.

3. Account should be taken of whether the conditions to which the claimant objects are found commonly in similar work in the community, and whether the claimant is and has been accustomed to such conditions of work.

4. Some risks such as those to morals, may be connected indirectly with the work itself.

B. Environment (Refusal of Work 515.35). Environmental factors could provide a claimant with good cause for refusing an offer of work. Work requiring travel in, or through an unsavory section of a city, for example, could provide a claimant with good cause for refusal, depending on the degree of risk involved.

C. Morals (Refusal of Work 515.5)

1. Work that would adversely affect the morals of a claimant may be unsuitable. For example:

a. Employment by an illegal establishment.

b. Employment by a business with a poor reputation, if it is shown that the claimant's moral standards or reputation could be injured.

c. Work that would expose the claimant to considerable temptation (i.e., an alcoholic who is offered employment in a bar).

2. The risks include those indirectly connected with the work itself, thus:

a. Work by a waitress in a cocktail bar may be unsuitable because of the risks created by the type of patron.

D. Prevailing for similar work in locality (Refusal of Work 515.55)

1. No work shall be deemed suitable and benefits shall not be denied to any otherwise eligible individual for refusing to accept new work if the conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.

2. Working conditions comprise all phases of the employee's environment such as light, temperature, moisture, ventilation, sanitation, equipment, materials, production arrangements, location, traveling arrangements, and conduct of fellow workers and superiors. These conditions must be weighed against those prevailing for similar work in the locality. Union contracts, state laws, and the prevailing local practice of the industry provide standards which may be used in determining the quality of working conditions.

3. A claimant may refuse an offer of work with good cause if conditions are not substandard, but create an undue hardship on the individual worker.

4. Key words and phrases, and sources of information applicable to this section are included in R6-3-53500(B) of these rules.

E. Safety (Refusal of Work 515.65)

Suitability of the job, may be judged by whether the work would be unduly dangerous to the ordinary worker and whether work safeguards meet the standards of the industry.

2. A claimants personal characteristics, physical limitations, and lack of previous experience are contributing factors which should be examined.

History

  • Former rule number - Refusal of Work 515. - 515.65. Former rule repealed, new Section R6-3-53515 adopted effective January 24, 1977 (Supp. 77-1).

Article 54 BENEFIT CLAIMS, COMPUTATION, EXTENSION, AND OVERPAYMENT

Ariz. Admin. Code § R6-3-54100 Extended Benefits

A. Work search requirements. Terms used in A.R.S. § 23-634.01 are explained as follows:

1. "Tangible evidence" is a written record of the work-seeking activities of the week, including the employer name and address, the date and method of contact, the individual contacted, the type of work sought, and the outcome of the contact.

2. "A systematic and sustained effort" means the development and employment of a method or plan for seeking work, which is maintained each week. It must represent the course of action a reasonable and prudent person would employ.

a. For each week of extended benefits claimed, efforts to find employment must be made on more than one day of the week.

b. Registration with Job Service and/or membership in and registration with a union that serves as a hiring agent do not, by themselves, constitute a systematic and sustained effort to find work. This applies even if the union serves as the hiring agent for most prospective employers in the area. The claimant must, on his own initiative, make an active and independent effort to seek work. The work need not be in claimant's usual occupation, but must be work for which the claimant is qualified by experience or training.

c. With the exception of jury duty as described in (2)(d) below, an extended benefits claimant cannot establish good cause for failure to maintain a systematic and sustained search for work. The statutory disqualification applies if a claimant does not seek work due to illness, death in family, personal circumstances, or any other reason and claims extended benefits for the week(s). However, an extended benefit claimant may be found eligible under the one work day removal from the active labor force provisions of R6-3-5205(A)(6), (7), and (8) if the overall pattern for the week meets the requirements of a systematic and sustained effort to find work.

d. A claimant shall be excepted from the requirement of conducting a systematic and sustained work search if prevented from doing so on the basis of his being selected as a member of a jury panel or as a juror in a specific trial.

B. Refusal of suitable work

1. An extended benefits claimant's prospects for obtaining work must be classified either "good" or "not good" before the first extended benefit payment is made. The claimant must be informed of this classification.

a. Prospects are "good" -- claimant has a definite prospect of work or a definite date to return to work within six weeks.

Prospects are "not good" -- there is no definite prospect of the claimant returning to work within the next six weeks.

b. This classification can be changed at any time during the extended benefit period as circumstances warrant, providing the claimant is informed immediately of the reclassification.

c. This classification is not appealable unless it is a part of a determination regarding failure to apply for or accept an offer of suitable work.

2. For claimants classified as prospects are "good" the regular refusal of work provisions of A.R.S. § 23-77(A) and the Refusal of Work sections of these Benefit Policy rules apply.

3. For claimants classified prospects are "not good" the provisions of A.R.S. § 23-776(A) (including disqualification) do not apply. The failure to accept a referral to or an offer of work for a claimant in this classification must be adjudicated under A.R.S. § 23-634.01. The work shall be considered suitable if the claimant is capable of performing it without regard to use of claimant's highest skill and the following conditions are present:

a. The gross average weekly wage is equal to or exceeds the claimant's weekly benefit amount plus any applicable supplemental unemployment benefits;

b. The wages are equal to or exceed the minimum wage;

c. The offer has been listed with the Department of Economic Security, or the employer has provided the offer of work to the claimant in writing;

d. The claimant will not be required to join a company union or to resign from or refrain from joining a bona fide labor organization;

e. The position is not vacant due directly to a strike, lockout, or other labor dispute; or

f. The wages, hours or other conditions of the work offered are not substantially less favorable to the individual than those prevailing for similar work in the community.

4. Notwithstanding the provisions of R6-3-53335, there is no limitation to the number of times a claimant classified prospects are "not good" can be disqualified for refusal of the same job provided the offered job is not unsuitable under B.3. above.

C. Filing extended benefits. A.R.S. § 23-634(B) limits the payment of extended benefits to two weeks to an individual filing under the interstate benefit payment plan unless an extended benefit period is in effect in the state of filing.

1. In applying this statute, the state of filing is the determining factor. In some instances, the claimant may be residing in a state which is in an extended benefit period but may be filing for convenience in a neighboring state not in an extended benefit period. The claimant is not eligible for more than two weeks of extended benefits. This applies even though the actual state of residence may be Arizona.

This statute does not apply to an individual who is temporarily absent from the area of the regular reporting office and files transient or visiting (courtesy) claims. He is considered as filing from his regular local office until an interstate claim is initiated.

2. A claimant who has received two weeks of extended benefits while filing in an agent state not in an extended benefit period may not collect an additional two weeks of benefits by filing in another state not in an extended benefit period. The claimant may, however, receive benefits until the extended benefit award is exhausted if filing in an agent state which is in or enters an extended benefit period.

3. If the claimant is filing from a state in an extended benefit period and this period ends, the claimant is entitled to two further weeks of extended benefits, provided there is a sufficient balance in the extended benefit award and the claimant has not collected benefits for the additional two weeks.

History

  • Adopted effective March 17, 1982 (Supp. 82-2). Amended effective December 27, 1985 (Supp. 85-6).
Ariz. Admin. Code §§ R6-3-54101 through R6-3-54339 Reserved
Ariz. Admin. Code § R6-3-54340 Overpayments (miscellaneous 340)

Administrative penalty -- fraud or misrepresentation (Miscellaneous 340.05)

1. Section 23-778 of the Employment Security Law of Arizona provides:

"Any person who, within the 24 calendar months immediately preceding a week in which he files a valid claim for benefits, has made a false statement or representation of a material fact, knowing it to be false, or knowingly failed to disclose a material fact with intent to obtain benefits under this chapter, shall be disqualified for the week for which the claim was filed and for not more than 51 weeks immediately following such week as determined by the Commission according to the circumstances in each case."

2. A claimant shall be disqualified under A.R.S. § 23-778, for the periods shown in paragraph (3) below, if he willfully and knowingly with intent to obtain benefits makes a false statement or representation or conceals a fact, and the true fact concealed by the false statement or nondisclosure is material

Periods of disqualification are applicable as follows:

a. Four weeks disqualification for each week of unreported earnings, up to a maximum of 52 weeks.

b. Ten weeks disqualification for false statements on separation, eligibility, refusal of work and other issues.

4. The effective date of the administrative penalty is the beginning date of the first otherwise valid waiting week or payable claim filed after the date of the determination which is the basis for establishing that the claimant made a false statement.

5. The terms used in the above quoted section of the Law mean:

a. False. A statement or representation is false if it is contrary to fact.

b. Knowingly

i. A false statement or representation is made knowingly if the person making it is aware that it is untrue or if he has no reasonable basis for believing that it is true.

ii. A claimant knowingly fails to disclose a fact if he deliberately withholds information which he knows should be disclosed to the Agency.

c. Material fact

i. A fact is material if in some way it affects the eventual outcome of a transaction. Thus, a fact which, if known, would result in a determination adverse to the claimant, is a material fact.

ii. A fact is not material if the failure to disclose it or the intentional misstatement of it would not cause injury. Thus, a fact which, if known, would cause no denial of benefits to the claimant is not material.

d. With intent to obtain benefits

i. This phrase refers to the claimant's purpose in knowingly making a false statement or representation or in knowingly failing to disclose a material fact. The fact that concealment of a material fact by willful misstatement or nondisclosure occurs in the course of claiming benefits suggests that the claimant's intent was to obtain benefits. In the absence of facts to indicate otherwise it may be assumed such was his purpose.

ii. If facts are discovered which indicate a different intent, the conclusions as to the claimant's intent must be based on consideration of all the facts and not merely on an assumption.

6. A claimant who inadvertently makes a mistake or omission, or who does not understand his responsibility or the questions asked him, and on the basis of information previously given him, cannot reasonably be expected to understand his responsibility, shall not be disqualified under A.R.S. § 23-778. If at any time during the investigation, it becomes apparent that one of the conditions required by the law, does not exist, the adjudicator must decline application of the administrative penalty.

7. This rule rescinds Unemployment Insurance regulation R6-3-1808 (former 30-7).

History

  • Former rule number -- Miscellaneous 340. - 340.05. Former rule repealed, new Section R6-3-54340 adopted effective January 24, 1977 (Supp. 77-1). Amended effective October 20, 1978 (Supp. 78-5).
Ariz. Admin. Code §§ R6-3-54341 through R6-3-54406 Reserved
Ariz. Admin. Code § R6-3-54407 [REPEALED]

History

  • Former rule number -- Miscellaneous 407. - 407.1. Former rule repealed, new Section R6-3-54407 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).

Article 55 TOTAL AND PARTIAL UNEMPLOYMENT BENEFIT POLICY

Ariz. Admin. Code §§ R6-3-5501 through R6-3-55414 Reserved
Ariz. Admin. Code § R6-3-55415 Self-employment or Other Work (total and Partial Unemployment 415)

Salesman, commission (T.P.U. 415.3)

1. The primary issue created when a claimant accepts sales work on a straight commission basis is that of his employment status. It must be determined whether or not he is considered unemployed and potentially eligible for benefits. The eligibility of a commission salesman must be determined from the standpoint of the particular job as well as the intent of the claimant in engaging in selling activities.

2. If a claimant's training, experience, or work history qualify him as a salesman, he may be considered employed and ineligible for benefits if he engages in selling activities. Each such case must be judged on the basis of the facts.

3. A claimant who has lost his customary work and engages in commission sales work, only as a stop-gap measure until work more suited to his training and experience becomes available, is not ineligible solely on the basis of engaging in commission selling.

4. A claimant performing services as a commission sales man, who receives commission payments in an amount less than his weekly benefit amount, may be considered unemployed if:

a. The number of hours spent on the job is restricted to less than full time by his employer; or

b. It is neither customary nor practical in the community to devote full time to the selling activities; or

c. Regardless of the number of hours devoted to the activity, the selling is stop-gap, odd job work outside the customary occupation for which he is qualified and his acceptance of the work will not preclude his obtaining employment more suitable to his experience and training.

5. If a claimant engaged in commission selling is determined to be unemployed he must also meet the test of availability. Refer to R6-3-52160(A) of these rules.

6. Commission payments should be allocated, as other wages, to the week in which the services were performed. However, certain circumstances sometimes arise which make it impossible for the claimant to determine the amount of wages earned during a given week or whether they will be paid. In such cases the claimant may report commissions as earnings for the week in which they are payable.

History

  • Former rule number -- Total and Partial Unemployment 415. - 415.3. Former rule repealed, new Section R6-3-55415 adopted effective January 24, 1977 (Supp. 77-1). Amended effective November 28, 1977 (Supp. 77-6). Amended effective May 8, 1979 (Supp. 79-3). Amended paragraph (4), subparagraph (c) effective November 24, 1982 (Supp. 82-6).
Ariz. Admin. Code §§ R6-3-55416 through R6-3-55459 Reserved
Ariz. Admin. Code § R6-3-55460 Type of Compensation

A. Separation Pay

1. A separation payment includes wages in lieu of noticeand severance payments made under an employment contract or policy of the employer under A.R.S. § 23-621.

2. A payment may be made:

a. As a lump sum at the time of termination of services; or

b. The employer may continue to include the worker on the employer's payroll for one or more pay periods following the termination of the worker's services.

3. Section 23-621 of the Employment Security Law of Arizona provides that an employee is unemployed with respect to any week in which he performs no services and with respect to which no wages are payable to him. Therefore, dismissal or separation payments, as shown above, are considered to be payments for past services and shall not be allocated to any period after the separation from work.

B. Vacation, holiday or sick pay

1. For the purpose of Unemployment Insurance, payments received for vacation, sick or holiday leave are considered earnings and shall result in denial of benefits if allocated to periods during which claims are filed.

2. The appropriate period to which vacation, holiday, or sick pay is allocable will be determined in one of the following ways

a. If there is a contract, written or verbal, in effect between the employer and the claimant at the time of separation, allocate to the appropriate period in accordance with the contract, continuing for the number of work days which the pay would cover at the regular wage rate.

b. If there is no contract, written or verbal, in effect, allocate to the appropriate period following the last day of work through the number of work days that the pay would cover at the regular wage rate.

3. If in a particular situation the agreement was made for a purpose other than to establish a vacation period (e.g., to prevent payment of UI benefits for an extended period which the pay would not cover at the worker's pay rate) the appropriate period will be determined as in subsection (B)(2)(b).

C. Back pay awards

1. Unemployment Insurance regulation R6-3-1703 requires employers to report wages of workers for the quarter in which the wages were paid. For the purpose of determining a claimant's eligibility for an unemployment insurance award, wages are allocated to the quarter in which the wages were paid, in accordance with A.R.S. § 23-771(6).

2. For purposes of A.R.S. §§ 23-621, 23-771(6) and 23-779(A) and (B), back pay awards are wages for the period for which the payment is made, regardless of when paid. This shall not affect the manner in which wages are reported for contribution purposes.

3. For the purpose of this rule, back pay awards include, but are not limited to, awards

a. Under the Fair Labor Standards Act for unpaid overtime or minimum wages, but not for liquidated damages thereunder; and

b. Of the National Labor Relations Board or by private agreement consent or arbitration for loss of pay by reason of wrongful discharge.

History

  • Former rule number -- Total and Partial Unemployment 460. - 460.75. Former rule repealed, new Section R6-3-55460 adopted effective January 24, 1977 (Supp. 77-1). Amended effective August 24, 1977 (Supp. 77-4). Amended by final rulemaking at 24 A.A.R. 1417, effective 6/19/2018.

Article 56 LABOR DISPUTE BENEFIT POLICY

Ariz. Admin. Code §§ R6-3-5636 through R6-3-56124 Reserved
Ariz. Admin. Code § R6-3-56125 [REPEALED]

History

  • Former rule number - Labor Dispute 125. - 125.6. Former rule repealed, new Section R6-3-56125 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-56126 Reserved
Ariz. Admin. Code § R6-3-56127 Reserved
Ariz. Admin. Code § R6-3-56128 Reserved
Ariz. Admin. Code § R6-3-56129 Reserved
Ariz. Admin. Code § R6-3-56130 [REPEALED]

History

  • Former rule number - Labor Dispute 130. Former rule repealed, new Section R6-3-56130 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-56131 through R6-3-56174 Reserved
Ariz. Admin. Code § R6-3-56175 [REPEALED]

History

  • Former rule number - Labor Dispute 175. Former rule repealed, new Section R6-3-56175 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-56176 through R6-3-56204 Reserved
Ariz. Admin. Code § R6-3-56205 [REPEALED]

History

  • Former rule number - Labor Dispute 205. - 205.2. Former rule repealed, new Section R6.3-56205 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-56206 through R6-3-56219 Reserved
Ariz. Admin. Code §§ R6-3-56221 through R6-3-56406 Reserved
Ariz. Admin. Code § R6-3-56407 [REPEALED]

History

  • Former rule number - Labor Dispute 407. - 407.05. Former rule repealed, new Section R6-3-56407 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6.3-56408 through R6-3-56444 Reserved
Ariz. Admin. Code § R6-3-56445 [REPEALED]

History

  • Former rule number - Labor Dispute 445.- 445.2. Former rule repealed, new Section R6-3-56445 adopted effective January 24, 1977 (Supp. 77-1). Amended effective March 22, 1979 (Supp. 79-2). Amended as an emergency effective August 1, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-4). Former emergency adoption now adopted effective October 30, 1979 (Supp. 79-5). Amended effective March 17, 1981 (Supp. 81-2). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code §§ R6-3-56446 through R6-3-56464 Reserved
Ariz. Admin. Code § R6-3-56465 [REPEALED]

History

  • Former rule number - Labor Dispute 465. - 465.15. Former rule repealed, new Section R6-3-56465 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).
Ariz. Admin. Code § R6-3-56466 Reserved
Ariz. Admin. Code § R6-3-56467 Reserved
Ariz. Admin. Code § R6-3-56468 Reserved
Ariz. Admin. Code § R6-3-56469 Reserved
Ariz. Admin. Code § R6-3-56470 [REPEALED]

History

  • Former rule number - Labor Dispute 470. - 470.1. Former rule repealed, new Section R6-3-56470 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).

Chapter 4 DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES

Article 1 STATE AGENCY ADMINISTRATION

Ariz. Admin. Code § R6-4-101 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-4-102 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-4-103 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-4-104 Definitions

A. "Act." P.L. 93-112, Rehabilitation Act of 1973, as amended.

B. "Client." Any individual receiving any services from Vocational Rehabilitation.

C. "Consultant." Unless stated otherwise, the consultant is the individual hired by the agency for the purpose of providing consultation.

D. "Counselor." Unless stated otherwise, the counselor is the Vocational Rehabilitation counselor.

E. "Department." Unless stated otherwise, the Department is the Department of Economic Security.

F. "Eligible client." Is any individual:

1. Who has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment; and

2. Who can reasonably be expected to benefit in terms of employability from the provision of VR services or for whom an extended evaluation of rehabilitation potential is necessary for the purpose of determining whether he might reasonably be expected to benefit in terms of employability from the provision of VR services; and

3. Who has been so certified by a Vocational Rehabilitation counselor.

G. "Individualized Written Rehabilitation Program (IWRP)." An IWRP is a written program of services developed jointly by the Vocational Rehabilitation counselor and the client who has been determined eligible to receive services. It is a comprehensive document including purposes, goals, responsibilities, services criteria and understandings.

H. "Rehabilitation Services Bureau (RSB)." Is the organizational unit within DES responsible for the operation of the general Vocational Rehabilitation program, rehabilitation programs for the blind and the Disability Certification program.

I. "State plan." The approved plan for VR services and for innovative and expansion grant projects agreeing to administer such in accordance with all applicable regulations, policies and procedures established by the Secretary as a condition to receipt of federal funds under Title I of the Rehabilitation Act of 1973, as amended.

History

  • Adopted effective June 14, 1977 (Supp. 77-3).
Ariz. Admin. Code § R6-4-105 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-4-106 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).

Article 2 PROVISION OF SERVICES TO INDIVIDUALS

Ariz. Admin. Code § R6-4-201 General Considerations

A. Scope of Vocational Rehabilitation services to individuals.

1. As appropriate, the following VR services, as described in 45 CFR 401.40(a) will be available to individuals:

a. Evaluation of rehabilitation potential;

b. Counseling, guidance and referral;

c. Physical and mental restoration services;

d. Vocational and other training services;

e. Maintenance;

f. Transportation;

g. Services to members of a handicapped individual's family necessary to the adjustment or rehabilitation of the handicapped individual;

h. Interpreter services for the deaf;

i. Reader services, rehabilitation teaching services, and orientation and mobility services for the blind;

j. Telecommunications, sensory and other technological aids and devices;

k. Placement in suitable employment;

l. Post-employment services necessary to assist handicapped individuals to maintain suitable employment;

m. Occupational licenses, tools, equipment and initial stocks (including livestock) and supplies; and

n. Other goods and services which can reasonably be expected to benefit a handicapped individual in terms of his employability.

B. Vocational Rehabilitation services shall be provided only by Vocational Rehabilitation personnel and only to clients determined eligible for such services by Vocational Rehabilitation personnel.

C. The expenditure of client service funds shall be initiated and authorized only by Vocational Rehabilitation personnel.

History

  • Adopted effective June 14, 1977 (Supp. 77-3).
Ariz. Admin. Code § R6-4-202 Eligibility, Ineligibility, and Certification

A. Eligibility is based only on the presence of a physical or mental disability which for the individual constitutes or results in a substantial handicap to employment, and a reasonable expectation that vocational rehabilitation services may benefit the individual in terms of employability.

B. Eligibility requirements will be applied without regard to sex, race, age, creed, color or national origin. No group of individuals will be excluded or found ineligible solely on the basis of type of disability. No upper or lower age limit will be established which will, of itself, result in a finding of ineligibility for any individual who otherwise meets the basic eligibility requirements.

C. No residence requirement, durational or other, is imposed which excludes from services any individual who is in the state.

D. An individual who has been declared eligible for VR services in another state may or may not be eligible for services in this state, and the Arizona VR counselor must redetermine eligibility.

E. Any individual referred to VR who freely decides not to apply for services or who indicates expressly or by action that he is not interested in pursuing an application for VR services may be screened out without initiating a case file. A record of such action shall be kept in each local office for at least 12 months.

F. The application for VR services shall be a formal declaration by the handicapped individual that he is requesting the assistance of Vocational Rehabilitation agency and its involvement in his rehabilitation effort. Such an application implies that the applicant has a basic understanding of the eligibility requirements, knowledge of the kind of services the agency provides, a desire to undertake a rehabilitation program and understanding of both his and the agency's obligations and responsibilities.

G. Any individual who has reached the age of 18, or is married, or is in the armed forces, or is living away from home and is self-supporting or who has not had a guardian appointed for him is regarded as an adult and may sign his own application and any other VR documents requiring client signatures. Parent or guardian co-signatures are otherwise required.

H. In each instance, there shall be a certification, dated and signed by a VR counselor as to eligibility or ineligibility for services or for an extended evaluation. The certification that the individual has met the eligibility requirements shall be made prior to or simultaneously with acceptance of a handicapped individual for VR services. The certification for extended evaluation and the certification of ineligibility shall be issued pursuant to the requirements of 45 CFR 401.37(b) and (c) respectively.

I. An individual determined to be rehabilitated will have been, as a minimum:

a. Determined to be eligible;

b. Provided an evaluation of rehabilitation potential and counseling and guidance, as essential VR services;

c. Provided appropriate VR services in accordance with the individualized written program;

d. Determined to have achieved suitable employment which has been maintained for at least 60 days.

2. Post-employment services will be provided to those individuals determined to be rehabilitated who require such services to the extent necessary to maintain suitable employment.

History

  • Adopted effective June 14, 1977 (Supp. 77-3).
Ariz. Admin. Code § R6-4-203 Diagnostic Study

A. Preliminary diagnostic study.

1. In order to determine whether any individual is eligible for vocational rehabilitation services, there shall be a preliminary diagnostic study sufficient to determine:

a. Whether the individual has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment, and

b. Whether VR services may reasonably be expected to benefit the individual in terms of employability or whether an extended evaluation of rehabilitation potential is necessary to make such a determination. It will place primary emphasis upon the determination of a vocational goal for the individual and his potential for achieving such a goal.

2. Information required for preliminary diagnostic study:

a. Each applicant shall have documented in the file a complete medical assessment in order to appraise current general health status. The general medical assessment will include a medical history, thorough physical examination and a routine urinalysis. The decision as to what is current is determined on an individual basis.

b. Examinations and diagnostic studies necessary for the agency to determine whether the individual has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment.

c. In all cases of mental or emotional disorders, an examination will be provided by a physician or by a certified psychologist skilled in diagnosis and treatment of such disorders.

d. In cases of alcoholism and drug addiction, evidence from such sources as hospital records, a physician's report, a social summary or treatment facility, records will be necessary to document the existence of these disabilities.

B. Thorough diagnostic study.

1. Before implementation of an IWRP for a client, a thorough diagnostic study shall be completed, to include:

a. As appropriate, a comprehensive evaluation of pertinent medical, psychological, vocational, educational and other related factors such as personal, vocational and social adjustment, patterns of work behavior, ability to acquire job skills and capacity for successful job performance which bear on the individual's handicap to employment and scope of rehabilitation services needed. The findings of such study(s) must be recorded in client's individual case folders.

b. In all cases of visual impairment, an evaluation of visual loss will be provided by a physician skilled in diseases of the eye or by an optometrist, whichever the individual may select.

c. In all cases of blindness, a screening for hearing loss will be obtained from a physician skilled in the diseases of the ear or from an audiologist licensed or certified in accordance with state laws and regulations.

d. In all cases of hearing impairment, an evaluation of the auditory system will be obtained from a physician skilled in the diseases of the ear and based on his findings a hearing evaluation may be provided by such a physician or by a licensed audiologist.

e. In all cases of deafness, an evaluation of the individual's vision will be provided by a physician skilled in the diseases of the eye or by an optometrist.

f. In all cases of mental retardation, a psychological evaluation will be obtained from a psychologist certified by the Arizona State Board of Psychologist Examiners which will include a valid test of intelligence, an assessment of social functioning and educational progress and achievement.

g. In all cases where drug addiction or alcoholism are documented as disabilities, evaluation by a certified psychologist or psychiatrist skilled in the diagnosis and treatment of mental or emotional disorders must be obtained.

C. The client shall be offered and given the choice of physicians, psychologists or providers of diagnostic services in all cases with the following restrictions:

1. The counselor, in consultation with medical/psychological and other appropriate consultants and within the limits set by law and described in these regulations, determines both the scope and type of studies and evaluations to be acquired;

2. The individuals chosen to do the necessary diagnostic studies and evaluations must have the minimum qualifications set forth in law and described elsewhere in these rules and regulations (see Section R6-4-302);

3. If the agency has contracted with someone or some group to provide specific diagnostic studies or evaluations, their services must be utilized unless special considerations noted in the file deem it inappropriate to do so;

4. The individuals chosen to do the necessary diagnostic studies and evaluations must also be willing and able to conform to set fee schedules and reporting requirements.

History

  • Adopted effective June 14, 1977 (Supp. 77-3).
Ariz. Admin. Code § R6-4-204 Extended Evaluation

A. An extended evaluation is used for those individuals for whom the presence of a disability which constitutes a substantial handicap for employment has been documented but for whom the counselor is unable to make a determination that services might benefit the individual in terms of employability without an extended evaluation to determine rehabilitation potential.

B. The full range of VR services will be provided under an IWRP during extended evaluation but for no longer than 18 months and in conformity with 45 CFR 401.36(b) and (c) . The individual's progress will be thoroughly assessed as frequently as necessary but at least once every 90 days while services are provided. Periodic reports from those providing services will be considered in this assessment. The extended evaluation will be terminated in accordance with 45 CFR 401.36(e).

History

  • Adopted effective June 14, 1977 (Supp. 77-3).
Ariz. Admin. Code § R6-4-205 Individualized Written Rehabilitation Program

A. An individualized written rehabilitation program will be initiated and continuously developed for each handicapped individual eligible for VR services and each handicapped individual being provided such services under an extended evaluation. All VR services will be provided in accordance with such a program. This program will be developed jointly by the VR counselor and the handicapped individual (or, as appropriate, his parent, guardian or other representative). It will emphasize primarily the determination and achievement of a vocational goal. A copy of the written program, and any amendments thereto, will be provided to the handicapped individual, or as appropriate, his parent, guardian, or other representative.

B. The program shall be initiated after certification of eligibility or certification for extended evaluation. The program will include at least the information described in 45 CFR 401.39(c), as appropriate. The program will be reviewed at least annually, at which time the individual (or, as appropriate, the parent, guardian or other representative) will be afforded opportunity to review the program and if necessary redevelop its terms jointly with the appropriate state agency staff member. When services are to be terminated on the basis of a determination that the individual cannot achieve a vocational goal, the conditions set forth in 45 CFR 401.39(e)(1) and (2) will be met. There will be at least an annual review of the ineligibility decision, in which the individual will be given opportunity for full consultation.

History

  • Adopted effective June 14, 1977 (Supp. 77-3).
Ariz. Admin. Code § R6-4-206 Provision of Vr Services

A. Scope and general considerations.

Rehabilitation Services Bureau provides all those services included under scope of services outlined in R6-4-201(A) and for which federal government provides financial participation.

2. No VR services shall be provided to VR personnel or their families without prior review and approval of District VR Program Manager and the Chief of Rehabilitation Services Bureau. All such actions shall also be reviewed by Department of Economic Security administration.

3. Cases and case facts, including the Individualized Written Rehabilitation program, shall be subject to review by VR administrative and consultative personnel.

B. Restoration services.

1. Physical or mental restorative services shall be provided only by individuals specially qualified to provide such services. The agency has established provider standards which are on file with Rehabilitation Services Bureau and available for review to the public on request.

2. Any IWRP, Program of Services, which proposes to provide physical or mental restorative services in excess of $5,000 shall be submitted for review and approval by the District VR Program Manager and consultants, as appropriate.

3. Restorative procedures that might be considered investigative, controversial or of high risk to the client shall be subject to approval by Rehabilitation Services Bureau administration.

4. A course of physical or mental restoration shall not extend beyond three months without an assessment of documented progress made towards stated goals. Authorization for additional physical or mental restoration shall be predicated upon acceptable progress to date, and the setting of treatment goals for any subsequent course of therapy.

5. Authorization for inpatient care at any hospital, rehabilitation center, skilled nursing facility or any other institutions whose primary function it is to provide medical or allied services shall be for a specified period of time. A comprehensive assessment of progress to date and a statement of justification by the treating physician will be required for any extension exceeding 30 days.

6. Chronic conditions; e.g., diabetes, epilepsy, which were diagnosed and placed on an effective medical regime before an individual becomes a client shall not become the responsibility of VR. The counselor shall not pay for his ongoing health maintenance costs.

C. Training services.

1. Training services shall be provided to prepare an eligible individual with the necessary skills for employment consistent with the rehabilitation goal.

2. All training, including OJT's, purchased from private schools or individuals shall be provided under a contract signed by the VR counselor and the trainer or representative of the training institution.

3. Training services will be provided to prepare a client for placement at entry level requirements. In the case of higher education, VR will normally conclude sponsorship of training with completion of a bachelor's degree. Consideration will be given to the special needs of a severely disabled individual who may require post-graduate training due to an inability to work at entry level.

4. The VR client shall be given his choice of properly licensed private, technical, business and vocational training schools. The counselor, however, shall also consider:

a. Relative costs of training;

b. Transportation;

c. Living arrangements;

d. Other factors bearing on the particular client situation.

5. VR shall not pay non-resident fees to out-of-state schools if the same training programs are available within the state.

6. VR may pay non-resident fees to a local school if required and necessary to carry out an IWRP, Program of Services.

7. Training at private, business, technical and vocational schools shall be paid for on a month-to-month basis after the service has been provided. Encumbrances shall be written prior to the provision of training. If a client withdraws from training prior to completion, VR shall pay only for that portion of the training utilized by the client on a prorated basis.

8. On-the-job training shall be that training purchased under contract from an employer who provides the individual training on the job site. Such arrangements may result in an employer/employee relationship subject to wage and hour laws under the Fair Labor Standards Act.

9. OJT contracts shall be written only in those instances where the client does not meet the entry and/or production requirements for that job without a period of on-the-job training or unless a period of on-the-job training is necessary to provide an employment opportunity for the individual.

OJT contracts shall be written only for those occupations in which the client, upon successful completion of the on-the-job training, can reasonably be expected to become employed. OJT contracts shall not be written for:

a. Occupations in which commissions provide more than 50% of client's salary;

b. Intermittent seasonal occupations;

c. Occupations which require licenses such as therapists, teachers, barbers, cosmetologists, nurses, etc.

11. Workmen's Compensation Insurance shall be provided by VR for the duration of an OJT contract unless such coverage is provided by the employer.

12. Wages to be paid the client upon successful completion of an OJT contract shall be comparable to wages of other employees engaged in similar work and at the same production level.

13. An employer may not have more than 25% of his labor force under OJT contracts. If an employer has fewer than four employees, he may be given one OJT contract if he demonstrates the capability of providing the necessary training.

14. Payment to the employer under an OJT contract shall never be in excess of 50% of client's wages averaged over the length of the contract.

15. All training and adjustment services shall be provided under established standards (see R6-4-302(A) and (B)).

D. Maintenance.

1. Maintenance means payments, not exceeding the estimated cost of subsistence and provided at any time from the date of initiation of vocational rehabilitation services through the provision of post-employment services, to cover a handicapped individual's basic living expenses, such as food, shelter, clothing and other subsistence expenses. Maintenance is provided only in order to enable a handicapped individual to derive the benefit of other vocational rehabilitation services being provided.

2. General considerations.

a. Vocational Rehabilitation is not legally obligated to meet the total costs of living for its clients nor does the budget provide funds to do so. Because of these limitations, maintenance payments are provided only to assist the client with expenses essential to services listed in the client's individualized written rehabilitation program and approved in advance by the Vocational Rehabilitation in an IWRP, Program of Services, except for those maintenance payments necessary to complete diagnostic services.

b. Maintenance may not be paid out of SSI/SSDI special funds unless it is to defray extra costs of client living away from home because of participation in a rehabilitation program. If a counselor decides to pay regular maintenance for a client eligible for special funds, but not eligible for maintenance under those funds, maintenance must be paid for out of regular funds and are subject to all regulations set forth in this subsection.

c. Maintenance checks may be paid directly to the client, to the training agent or to parents or guardian or other representative.

d. The counselor must monthly review, adjust, as appropriate, and authorize the disbursement of maintenance checks.

e. The combined total of maintenance plus the client's income will never exceed client's actual client monthly obligations.

f. Maintenance for a client who must live on campus, in a rehabilitation facility, halfway house, or boarding home may be paid to the college, school or facility directly either for only that portion of maintenance to include room and board or for distribution of total maintenance.

g. Maintenance may not be provided for clients pursuing academic college level training as a part-time student, as defined by the school, except in the case of an extended evaluation to determine rehabilitation potential and then only after prior supervisory review.

h. Maintenance may never be provided for the sole purpose of meeting total costs of subsistence for clients or to supplement other resource (AD, SSDI, etc.) deficiencies.

i. Unusual client circumstances may call for an administrative adjustment by the District VR Program Manager in the rates set on a case-by-case basis.

3. Provision of maintenance.

a. No economic need criteria apply to maintenance provided while client is receiving diagnostic services regardless of status. Maintenance in this case is only that money necessary to defray costs to client during a period away from the home. The amount of maintenance may never exceed the actual costs incurred by the client as a result of participating in the diagnostic study.

b. Maintenance as ongoing payments during an IWRP will never, together with client income, exceed established client monthly obligations.

i. All liquid assets must be used first.

ii. Once liquid assets have been used, the following procedure is used:

(1) If client does not meet the economic need criteria, no maintenance may be provided. When the client does meet the economic need criteria, the counselor must complete the Financial Disclosure Statement and compare client's total income to client's monthly obligations;

(2) The counselor may provide maintenance payments necessary to assist client with expenses essential to accomplishing the services listed in the client's IWRP up to documented need; i.e., monthly obligations, but never to exceed the maximum allowed.

c. Maintenance payments above the basic rate may be approved by the supervisor when they are provided to meet special client needs which are ongoing but not normally considered as usual subsistence requirements. Such special needs may include special diet, ongoing repair and maintenance of assistive devices, ongoing need for medical supplies such as stump socks, catheters, etc. These needs must be documented and explained on the client's IWRP.

4. A counselor may pay for a client's attendant care only as necessary while client is engaged in a program of services. Financial need criteria as well as the need to explore and use similar benefits, if available, apply. Vocational Rehabilitation does not accept responsibility for total costs of attendant care. Vocational Rehabilitation will pay for such care within the following guidelines:

a. The client must have a doctor's statement regarding the need for and extent of attendant care required.

b. For the purpose of computing the amount of Vocational Rehabilitation's contribution, a distinction is made between:

i. Training or training-related costs, such as preparation for school, transportation to and from school, assistance while in school.

ii. Attendant care not directly related to a specific rehabilitation activity but necessary for health maintenance. Such care can and is often provided by family or friends and should not be paid for by Vocational Rehabilitation unless absolutely necessary, and unless it is a direct cost item to the client.

c. Hourly minimum wage shall be paid to attendants; however, Rehabilitation Services Bureau will not contribute more than $150 monthly for each type of attendant care.

E. Transportation. In providing transportation monies to the VR client, the following rules shall be applied:

1. Client may only be reimbursed for actual costs for transportation and per diem.

2. The counselor shall determine the most economical, yet adequate, mode of transportation available to client.

3. The maximum allowed per diem shall never be more than $30 a day.

F. Other services.

1. The VR counselor shall not purchase for a client automobiles, trucks or any other self-powered vehicles which require licensing by the state. Included in this prohibition is purchasing or contributing to the cost of those accessories or optional equipment normally available by or through automobile manufacturers or dealers in the purchase of a new vehicle.

2. The VR counselor may purchase assistive devices and modifications designed to allow a handicapped individual to use or operate a vehicle either for a new or used vehicle.

3. The VR counselor may purchase or contribute to the purchase, accessories or optional equipment as well as assistive devices and modifications to used or previously purchased vehicles when such are medically prescribed.

History

  • Adopted effective June 14, 1977 (Supp. 77-3).

Article 3 BUSINESS ENTERPRISE PROGRAM

Ariz. Admin. Code § R6-4-301 Definitions

In this Article the following definitions apply unless the context otherwise requires:

1. "Abandoned facility" means a business facility where a BEP operator has failed to open the facility without good cause for 24 hours.

2. "Agreement for operation of a vending facility" or "operator's agreement" means the written contract between the Department of Economic Security and a business enterprise program operator that regulates the terms and conditions under which the business enterprise shall be managed.

3. "Arizona Participating Operators Committee" or "APOC" means a fully representative committee of blind operators elected biennially by their peers which functions as an integral part of the Business Enterprise Program having active participation in major BEP administrative decisions and policy and program development decisions affecting the overall administration of the state's vending facility program.

4. "Business Enterprise Program" or "BEP" means an organizational unit of the Rehabilitation Services Administration within the Department of Economic Security which is the state licensing agency that provides opportunities for legally blind persons to operate merchandising business facilities in public and other property.

5. "Business Enterprise Program operator" or "BEP operator" means a licensee who enters into an operator's agreement with the BEP to manage and operate a business facility.

6. "Business facility" means a particular place of merchandising identified by the BEP which provides an opportunity to operate a vending facility.

7. "Candidate" means a legally blind client receiving vocational rehabilitation services who is referred to the BEP by a vocational rehabilitation counselor for training and placement.

8. "Certified trainee" means a legally blind client of the Vocational Rehabilitation Program who has successfully completed training and has been certified by the BEP.

9. "Department" means the Arizona Department of Economic Security.

10. "Displaced operator" means a licensee who has operated a business facility in Arizona under the provisions of this Article and is not currently assigned to a business facility as a result of a facility or building closure or medical leave.

11. "Grantor" means the agency that grants a permit to, or enters into an agreement with, the BEP to provide a satisfactory site for the operation of a business facility.

12. "Guaranteed fair minimum of return" means the prevailing federal minimum wage multiplied by a 40-hour work week.

13. "Initial probation" means the first six months after an operator assumes management of his first business facility or a higher level business facility during which time the operator's performance is evaluated for permanent status, termination or performance probation.

14. "Legally blind person" means a person who, after examination by an ophthalmologist, has been determined to have no vision or acuity or has a central visual acuity of 20/200 or less in the better eye, with the best correction by single magnification, or who has a field defect in which the peripheral field has been contracted to such extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees.

15. "Licensee" means a legally blind person who has been licensed by the Department to operate a business facility.

16. "Net proceeds" means the amount remaining after the deduction of business expenses from all income accruing to a BEP operator from the operation of a vending facility.

17. "Performance probation" means a period of time not exceeding six months during which a business facility operator who is not on initial probation shall correct documented, unacceptable performance or deficiencies upon written notice by the BEP.

18. "Rehabilitation Services Administration" or "RSA" means the organizational unit within the Department which is responsible for the administration of the Vocational Rehabilitation Program for the Blind and Visually Impaired.

19. "Temporary Business Enterprise Program operator" or "temporary operator" means an individual who contracts with the Department to operate a business facility for a specified period of time and who may or may not be a legally blind person.

20. "Trainee" means a candidate who has been accepted into and is receiving training from the BEP prior to placement and licensure.

21. "Upward mobility training" means additional training that enhances a BEP operator's work opportunities.

22. "Vending facility" means automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment which may be operated by blind licensees, and which is necessary for the sale of newspapers, periodicals, confections, tobacco products, food, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, and including the vending or exchange of chances for any lottery authorized by state law and conducted by an agency of a state within such state.

23. "Vocational rehabilitation counselor" or "counselor" means the person in the Vocational Rehabilitation Program (VR) who determines the appropriateness of its clients for referral to the BEP.

History

  • Former Section R6-4-301 renumbered to R6-4-401, new R6-4-301 adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-302 Participating Business Facilities

A. The Business Enterprise Program (BEP) shall conduct surveys of public or other properties upon written request of the owner or management or as determined necessary by the Department to determine merchandising opportunities for licensees. The survey shall include the following information:

1. Identification of location and nature of site and contact person.

2. Demographics of site to include building population, work hours, nature of work, salary range, and locally, other selling locations, existing merchandise and vending machines.

3. The proposed business recommended by BEP, including suggested merchandise, number of employees, anticipated volume, hours of operation and current purchasing patterns.

B. The BEP shall, following consultation with APOC, determine through these surveys if a public or other property meets the requirements for a satisfactory site for a merchandising business.

C. If a surveyed property meets the requirements as a satisfactory site for a merchandising business, a written agreement shall be entered into between the Department and the grantor.

D. The BEP shall provide each business facility with suitable equipment, adequate initial stock, utensils, and cash necessary for the establishment and operation of the facility. The operator shall return the equipment, stock, utensils and cash upon surrender of the facility.

E. Unless otherwise agreed, the BEP shall maintain all business facility equipment in good repair and shall replace worn-out or obsolete equipment to assure the continued operation of the facility.

F. Title to the BEP-purchased equipment and stock shall remain with the BEP until disposed of in accordance with law. When title to the equipment and stock is vested in the BEP operator, procedures and responsibility for providing the necessary maintenance or replacement shall be prescribed by the BEP in the operator's agreement.

History

  • Former Section R6-4-302 renumbered to R6-4-402, new R6-4-302 adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-303 Referral for the Business Enterprise Program; Qualifications of Candidate

A. A client of the Department's Vocational Rehabilitation Program who expresses interest in participating in the BEP program shall be referred to the BEP by a vocational rehabilitation counselor when it is determined that referral is appropriate following medical and vocational assessments, consultation with the client, and completion of an application packet.

B. As a part of referral each client shall complete an application on a form prescribed by the BEP which shall include the following:

1. Identifying information including name, address, telephone number and date of birth.

2. Medical information including visual acuity and diagnosis.

3. Education and work experience.

4. Mobility and communication functioning levels.

C. The counselor shall attach the following to the application if applicable:

Vocational assessments.

Psychological evaluation.

D. The counselor shall also determine and document that the client is

1. Legally blind,

2. At least 18 years old,

3. A citizen of the United States,

4. Able to function independently in business to the degree that the client's needs have been addressed by VR,

5. Medically stable with all necessary physical restoration services completed.

E. BEP shall review application packets for completeness and shall return incomplete packets to VR.

F. Completed packets shall be referred to the screening committee.

History

  • Former Section R6-4-303 renumbered to R6-4-403, new R6-4-303 adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-304 Screening for Acceptance into Initial Training

A. The screening of a candidate shall be conducted by a committee which shall consist of:

1. Two voting BEP staff members.

2. Two voting BEP operators appointed by the chairman of the Arizona Participating Operators' Committee (APOC).

3. The BEP supervisor shall act as the chairman of the committee. He shall vote only in the event of a tie. The committee chairman shall consult with the chairman of APOC before casting his vote.

4. The referring vocational rehabilitation counselor, who shall have no vote.

B. The screening shall consist of a review of the candidate's case history and an interview with the candidate relating to voluntary participation in the BEP program and the candidate's job qualifications. The committee shall then vote to accept into training, or reject the candidate and return to VR for further services as appropriate to assist the candidate in meeting the program criteria.

C. The determination of the screening committee shall be provided to the candidate in writing. In the event of rejection the determination shall contain the reasons for the determination, recommendations for remedying any deficiencies, and provide notice of the right to appeal.

History

  • Former Section R6-4-304 renumbered to R6-4-404, new R6-4-304 adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-305 Initial Training

A. Once accepted into training, a candidate shall be trained for one or more of the three levels of business facility operations, beginning with level one. The course content, objectives and length of training shall be developed for each level by the BEP with the active participation of APOC. Only upon satisfactory completion of the level and granting of a certificate for that level shall the trainee be permitted to proceed to the next higher level.

B. At level one, training shall cover business facilities, such as snack bars, vending banks, and gift shops at which food is not prepared, and shall orient the trainee to basic business and merchandising principles, the parameters of the BEP program, and the applicable provisions of federal regulations and state law. On-the-job training shall also be provided in existing business facilities of this type.

C. At level two, training shall cover business facilities such as coffee shops at which limited food preparation occurs. On-the-job training shall be provided at appropriate, existing, level two facilities.

D. At level three, training shall cover cafeterias providing a variety of prepared foods and beverages. On-the-job training shall be provided at appropriate, existing, level three facilities.

E. With respect to completion of each level:

1. If a trainee misses five days or more of training without good cause whether consecutive or not, he shall be terminated. Good cause shall mean temporary illness of the trainee or family crisis.

2. If, during training or following completion of any level of training, it becomes apparent that the trainee lacks sufficient skills, knowledge, experience, health or other abilities, the BEP shall review the case, consult with the counselor, APOC, and the trainee, and either:

a. Revise the training plan as needed; or

b. Terminate the training and return the trainee to VR for further services as appropriate.

3. A trainee who satisfactorily completes a level of training shall be certified by the BEP. The term of the certificate shall be indefinite except as addressed in subsection (G).

F. A determination to terminate shall be provided to the trainee in writing and shall state the reasons for the determination, recommendations for remedying any deficiencies, and notice of the right to appeal.

G. Any trainee who is not placed in a business facility within 12 months of the date of certification shall receive appropriate training, following an evaluation of proficiency, in order to maintain certification.

H. Operators licensed as of the date of the adoption of these rules shall be exempted from the initial training required for their current level of facility operation.

History

  • Former Section R6-4-305 renumbered to R6-4-405, new R6-4-305 adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-306 Remedial Training

A. When the BEP determines that remedial training is required to correct identified problems or deficiencies to assist a BEP operator, it shall develop a specialized program with the active participation of APOC to address those concerns. The BEP operator may be placed on performance probation pursuant to R6-4-315 pending satisfactory completion of the remedial training.

B. Any BEP operator who has surrendered his license for a period exceeding 12 months and wishes to return to the BEP shall be evaluated by the BEP, in consultation with APOC, to determine the level for which he shall be certified or any remedial training needed.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-307 Upward Mobility Training

A. At least once a year the BEP shall offer special training programs to BEP operators which shall be developed with the active participation of APOC and shall include education in new program developments or business and merchandising techniques and additional training to improve work performance.

B. BEP shall offer training to operators for promotion opportunities pursuant to R6-4-305(A).

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-308 Qualifications for Placement in a Business Facility

A. When a business facility becomes available the BEP shall:

1. Notify each BEP operator and certified trainee in writing of the opportunity to request placement in a location by filing an application. The notice shall be mailed at least 15 calendar days prior to the announced closure of the filing period;

2. Accept any timely filed written application which contains a statement of interest in placement in the facility.

B. A qualifications committee shall consider each applicant's record on file with the BEP, together with the application and any supporting documents. The committee shall be comprised of:

1. Two voting BEP staff members.

2. Two voting BEP operators appointed by the chairman of APOC.

3. The BEP supervisor shall act as the chairman of the committee. He shall vote only in the event of a tie. The committee chairman shall consult with the chairman of APOC before casting his vote.

C. Qualifications of a BEP operator or a certified trainee for placement in a business facility shall be determined based upon:

1. For a BEP operator:

a. Compliance with the BEP operator's agreement and with the provisions of this Article.

b. The existence of no more than two substantiated customer complaints during the prior six month period. Only written and signed complaints shall be considered.

c. Maintenance of a level of inventory adequate for the location in which the operator is currently placed.

d. Degree of profitability of a facility under the operator's management.

e. Involvement of the operator in training and seminars.

f. Attendance at the last all operators meeting.

2. For a certified trainee: relevant knowledge, skill, training, prior experience or education, and the performance of the individual during training.

D. The committee shall make its determination by majority vote within 30 calendar days from the closure of the filing period.

E. Each applicant shall be notified by the BEP within seven calendar days of the committee's determination. For those applicants found disqualified, the notification shall be in writing and shall include the reasons for the disqualification, and notice of the right to appeal.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-309 Selection for Placement in a Business Facility

A. Those BEP operators and certified trainees who qualify shall be considered for placement in a facility by a selection committee which shall consist of:

1. Two voting BEP staff members.

2. Two voting BEP operators appointed by the chairman of the Arizona Participating Operators' Committee (APOC).

3. The BEP supervisor shall act as the chairman of the committee. He shall vote only in the event of a tie. The committee chairman shall consult with the chairman of APOC before casting his vote.

The grantor, who may attend the meeting but shall not vote.

B. Selection shall be based upon the applicant's qualifications as well as upon an interview with each candidate on factors related to the work including demonstrated management skills, ability to handle increased responsibilities, and any past comparable work experience. In addition, the committee shall consider applications in the following order from the highest priority for placement to the lowest:

1. Any displaced operator who managed a business facility at a comparable level.

2. Any BEP operator who is no longer on initial probation.

3. Any BEP operator who is on initial probation.

4. Any trainee certified for the level of the available facility.

C. If no qualifying applicant can be recommended for placement, a temporary operator shall be placed by the BEP pursuant to R6-4-313.

D. Applicants shall be notified of the decision by the BEP within seven calendar days of approval of the selection. Those applicants who have not been selected shall be notified in writing of the reasons for the rejection and notice of right to appeal.

E. If the facility becomes available again within 30 calendar days of selection, or if the selected operator refuses the placement, the Supervisor of the BEP shall request another selection from the committee within the order of priority.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-310 Refusal of Placement in a Facility

A. Any BEP operator, certified trainee or displaced operator who applies and is selected for placement in a business facility and then refuses the placement without good cause shall not be considered for any new placement for 90 calendar days.

B. For purposes of this Section good cause shall include temporary illness of the individual, family crisis, or a facility location that is inaccessible by public transportation.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-311 Licensure

A. A BEP business facility shall be operated only by a licensed BEP operator with the exception of a temporary operator pursuant to R6-4-313.

B. Once a person is selected for placement in a business facility, a license shall be issued to that person by the Department which shall remain in effect unless revoked or surrendered by the BEP operator. The license shall specify the name of the BEP operator, the level of the business facility for which the license is issued, issuance date, the signature of the authorized Department representative and contain a warning that the license shall not be transferred.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-312 Operator's Agreement

A standard operator's agreement shall be developed by the BEP in active participation with APOC. A new standard operator's agreement shall not be adopted before APOC has an opportunity to present the proposed agreement to the operators for input at an all operators meeting, following which additional discussions between BEP and APOC shall be conducted if needed. A BEP facility shall be operated only by a person who has executed an agreement for operation of a business facility with the Department.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-313 Temporary Operator

A. A temporary Business Enterprise Program operator shall be recruited for placement in a business facility by the BEP, after consultation with the chairman of APOC, for a six-month period:

1. When a facility is abandoned; or

2. In the event no qualified legally blind person applies for assignment to a business facility; or

3. In an emergency.

B. The placement of a temporary operator may be extended on a monthly basis until such time as a qualified legally blind person is available.

C. The BEP shall consider placement of a temporary operator in the following order from the highest priority to the lowest:

1. A displaced operator who managed a business facility at a comparable level.

2. A certified trainee for a comparable level who is not currently operating a business facility.

3. An operator who is currently managing a business facility at a comparable level.

4. A displaced operator who managed a business facility at a lower level.

5. A certified trainee for a lower level who is not currently operating a business facility.

6. A vocational rehabilitation client who is a legally blind person.

7. A vocational rehabilitation client who is visually impaired.

8. A vocational rehabilitation client with a disability other than visual.

Any other person.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-314 Initial Probation

A. A BEP operator who is placed in his first business facility or in a higher level business facility shall be placed on initial probation for six months to assure compliance with the operator's agreement, the provisions of this Article, and applicable law.

B. During the probationary period, the BEP shall conduct unannounced onsite inspections at least twice monthly. Upon the inspector's arrival, the operator shall be notified.

C. At the conclusion of each site inspection, a facility inspection report shall be completed which identifies the conditions found, any deficiencies requiring corrective action, and which contains a statement of the required standard and any recommendation to bring the operator into compliance. The inspection report shall be read to the operator who, after signing the report, shall receive a copy.

D. At the end of the six-month period, the BEP, following consultation with APOC, shall notify the operator in writing of either satisfactory completion of probation, of placement on performance probation or termination of the operator's agreement.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-315 Performance Probation

A. When the operation of a business facility is adversely affected by the deteriorated performance of the BEP operator, the operator shall be placed on performance probation by the BEP, following prior notification to the APOC chairman, for no longer than six months.

B. Deficiencies shall be identified as follows:

1. By a substantiated, written and signed complaint from any member of the public which has been filed with the Department; or

2. By the BEP during onsite inspections.

C. An operator shall be given written notice of placement on performance probation by certified mail, return receipt requested, or in person. The notice shall state the grounds for the action and shall refer to any applicable agreement sections or legal provisions. It shall identify the corrective action to be taken, the length of the probation, the consequences of failure to timely complete the corrective action, and notice of right to appeal.

D. At the end of the performance probation period:

1. If the required corrective actions have been taken by the BEP operator, written notice of satisfactory completion and lifting of probation shall be immediately issued by the Department;

2. If the required corrective actions have not been taken by the BEP operator, the Department, following notification to the APOC chairman, shall terminate the operator's agreement.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-316 Continuing Inspections of Business Facilities

The Department shall conduct inspections for the health, safety and welfare of the public, with or without notice, throughout the existence of an operator's agreement, and shall take any appropriate action to assure the operator's compliance with the operator's agreement, this Article, and applicable law.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-317 Exchange of Business Facilities Prohibited

There shall be no exchange of business facilities between BEP operators. Any placement in a facility shall be made pursuant to this Article.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-318 Termination of Operator's Agreement

A. An agreement for operation of a business facility shall be terminated:

1. Under the terms of the agreement,

2. By failure to meet conditions of initial or performance probation,

3. Upon revocation or surrender of a license,

4. Upon termination of the grantor agreement,

5. When the BEP operator abandons the facility.

B. The BEP operator shall be given written notice by the BEP, following notification to the APOC chairman, of termination of the operator's agreement. The notice shall be by certified mail, return receipt requested, or in person and shall state the grounds for the action, refer to any applicable provision of law or agreement, and advise the operator of the right to appeal.

C. Upon termination of an operator's agreement, the BEP shall reconcile all records and inventoried items for which the operator was responsible. The report of the reconciliation shall be transmitted in writing to the BEP operator or his estate within 90 calendar days from termination of the operator's agreement and shall include notice of the right to appeal.

D. Termination of the agreement shall not relieve the operator of any business obligations existing as of that date.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-319 Revocation of License

A. The following shall be grounds for the revocation of a BEP operator's license:

1. The operator is not in compliance with the requirements of this Article, contractual agreements or any applicable federal or state statute or rule.

2. There is a deliberate material misrepresentation to the Department by the operator relating to the BEP.

3. The operator uses alcoholic beverages or illegal drugs while engaged in the operation of the business facility or operates the business facility while under their influence.

4. The operator neglects or refuses to timely provide information, including reports, and to timely transmit assessments required by this Article.

5. The operator abandons the business facility or fails without just cause to open the facility for business at the scheduled hours without prior notice to the BEP.

6. The operator is convicted of a felony while participating in the program.

7. The operator no longer meets the qualifications for participation in the BEP due to:

a. Improvement of vision to the degree that he is no longer a legally blind person,

b. Change of citizenship from the United States,

c. Inability to meet the physical or emotional demands of operating a business facility following evaluation by the BEP.

B. The BEP operator shall be given written notice, following notification to the APOC chairman, of the Department's revocation by certified mail, return receipt requested, or in person. The notice shall state the grounds for the action and shall refer to any applicable provision of law, rule or agreement, and it shall advise the operator of the right to appeal.

C. The revocation of an operator's license shall not relieve the operator of any business obligations existing as of that date.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-320 State Committee of Blind Vendors

A. In Arizona, the Arizona Participating Operators Committee (APOC) shall be the state committee of blind vendors which shall actively participate in the Business Enterprise Program as provided below and elsewhere in this Article.

B. APOC shall enact bylaws consistent with this Article and any applicable regulatory or statutory provisions and provide BEP with a copy.

C. In fulfilling its ultimate responsibility for the administration and operation of all aspects of the Business Enterprise Program, the Department shall assure that APOC shall actively participate in the BEP through the following:

1. The rulemaking procedures outlined in A.R.S. § 41-1001 and following.

2. The receipt and transmittal to the BEP of grievances filed in writing with APOC at the request of BEP operators, and at the discretion of the BEP operator, the appearance of a member of APOC as his representative at any hearing within the Department pursuant to this Article.

3. The review, consideration and involvement in the program's decision making through membership on committees established by this Article.

4. By working with the BEP to establish training curricula and by serving as lecturers, faculty members, or in other roles at such training.

5. In addition, the BEP shall consult with APOC when advice and counsel may be of assistance to the program and Arizona's BEP operators.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-321 Assessment against Net Proceeds of Operators

A. The BEP shall set aside funds from the net proceeds of the operation of a business facility based on a monthly assessment schedule determined after consultation with APOC and approved by the Secretary of the U.S. Department of Education. The currently approved monthly assessment schedule is:

| Net Proceeds | Assessment Schedule | | --- | --- | | First $400 | 2% | | $401-$500 | $8.00 plus 5% | | $501-$600 | $13.00 plus 10% | | $601-$700 | $23.00 plus 15% | | $701 and over | $38.00 plus 20% |

B. The funds set aside from the operator's monthly assessment shall be used only for the purposes stated in 34 CFR 395.9(b) (July 1, 1988), incorporated by reference and on file with the Office of the Secretary of State.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-322 Guaranteed Fair Minimum of Return

A. A guaranteed fair minimum of return shall be granted to a BEP operator by the BEP if the net proceeds over three consecutive months average less than the prevailing federal minimum wage and if the reason for the low net proceeds is beyond the control of the operator as determined by the BEP, following consultation with APOC. The need for a guaranteed fair minimum of return may be reflected in the monthly operator's report pursuant to R6-4-324(B) or may be requested by the BEP operator.

B. The BEP shall notify the BEP operator of approval or denial of the request for a fair minimum of return within 15 calendar days of the operator's request.

C. Any denial by the BEP of a guaranteed fair minimum of return to a BEP operator shall be reduced to writing and issued by certified mail, return receipt requested, or in person and shall include the reasons for the determination and notice of the right to appeal.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-323 Distribution and Use of Federal Unassigned Vending Machine Income

Federal unassigned vending machine income shall be used for BEP operator benefits as determined by a majority vote of all BEP operators in the state at an all operator's meeting, and as limited by 34 CFR 395.8 (July 1, 1988), incorporated by reference and on file with the Office of the Secretary of State. Any federal unassigned vending machine income not necessary for such purposes shall be used by the BEP for the maintenance and replacement of equipment, the purchase of new equipment, management services, and assuring a fair minimum of return to vendors.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-324 Reports and Recordkeeping; Access to Information

A. The BEP operator shall maintain financial records of all operations in accordance with generally accepted accounting principles. These records shall be available for inspection by the Department and shall be retained by the operator at least five years unless involved in an audit by the Department. In case of an audit the records shall be retained until the audit is closed and any appeals finalized.

B. Each BEP operator shall submit to the Department a monthly operator's report by the date posted on the monthly billing statement issued by BEP to each operator. The operator's report shall be on a form prescribed by the Department, in consultation with APOC, and shall include the following information:

1. Gross sales which shall include the total of all sales of goods plus vending machine income.

2. Allowable business expenses.

3. Net profit.

4. Amount of monthly assessment.

C. Monthly assessments which are due and owing to the Department shall accompany the monthly operator's report in the form of a personal check if an insufficient funds check has not been submitted in the preceding 12 months, otherwise by certified check or money order.

D. Each BEP operator shall submit to the Department an annual inventory report which shall be on a form prescribed by the Department.

E. Each BEP operator shall furnish copies of any records and accounts pertaining to the operation of a business facility requested by the Department.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-325 Appeals

A. A BEP candidate, trainee, or operator adversely affected by any decision made by the BEP shall have recourse to an administrative review and fair hearing pursuant to R6-4-404 except that, for a BEP candidate or trainee, the decision of a hearing officer may be reviewed by the Department in accordance with 34 CFR 361.48(c)(2)(iv) (July 1, 1988), incorporated by reference and on file with the Office of the Secretary of State. The decision of the hearing officer shall be final 20 days from the mailing of the hearing officer's decision if no further action is taken by the Department. For a BEP candidate or trainee, a final decision may be appealed through judicial review pursuant to A.R.S. § 12-901 et seq.

B. A final decision of the Department may be appealed by a BEP operator either through judicial review pursuant to A.R.S. § 12-901 et seq. or through the Secretary of the U.S. Department of Education pursuant to 34 CFR 395.13 (July 1, 1988), incorporated by reference and on file with the Office of the Secretary of State.

History

  • Adopted effective May 7, 1990 (Supp. 90-2).

Article 4 OTHER RULES AND PROVISIONS THAT RELATE TO PROVIDING SERVICES TO INDIVIDUALS

Ariz. Admin. Code § R6-4-401 Order of Selection

A. The order of selection is an organized, equitable method for serving selected groups of handicapped individuals in their order of priority if all eligible individuals who apply cannot be served.

B. The state agency shall maintain the following order of selection:

1. The severely handicapped (as defined by R.S.A. Chapter 3005.00, Statistical Reporting System);

2. The disabled public assistance recipients;

3. The deaf-blind. This target group population is comprised of those handicapped individuals who are:

a. Visually impaired within the definition used by SBS for eligibility for Vocational Rehabilitation services;

b. Deaf to the extent that the individual is not able to hear normal speech with or without amplification or not expected to be able to do so in the near future as a result of a progressive disease process; and

c. Who need services not available traditionally in programs serving either one or the other of disability groups alone.

4. The developmentally disabled.

a. The term "developmental disability" means a disability of a person which:

i. Is attributable to mental retardation, cerebral palsy, epilepsy or autism;

ii. Is attributable to any other condition of a person found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons; or

iii. Is attributable to dyslexia resulting from a disability described in subsection (B)(4)(a)(i) or (ii);

b. Originates before such person attains age 18;

c. Has continued or can be expected to continue indefinitely; and

d. Constitutes a substantial handicap to such person's ability to function normally in society.

5. All other eligible vocationally handicapped individuals with the state.

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Renumbered from R6-4-301 effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-402 Service and Provider Standards, Service Authorizations, Equipment Purchasing, Workers' Compensation

A. Provider standards

1. Providers of medical diagnostic and restorative services must, as a minimum, meet the following definitions:

a. "Dentist." Dentist means a person licensed to practice dentistry or dental surgery under Chapter 11, Title 32 of the Arizona Revised Statutes.

b. "Dispensing optician." Dispensing optician means any person who is licensed under Chapter 15, Title 32 of the Arizona Revised Statutes to dispense lenses, contact lenses, frames, artificial eyes, optical devices, appurtenances thereto or parts thereof to the intended wearer on written prescription from a duly licensed physician or optometrist.

c. "Occupational therapist." Occupational therapist means a person who is a graduate of an occupational therapy curriculum accredited jointly by the Council on Medical Education of the American Medical Association and the American Occupational Therapy Association or has two years of appropriate experience as an occupational therapist and has achieved a satisfactory grade on a proficiency examination approved by the Secretary except that such determination of proficiency shall not apply with respect to persons initially licensed by a state or seeking initial qualifications as an occupational therapist after December 21, 1977.

d. "Optometrist." Optometrist means a person who is licensed to practice optometry under Chapter 16, Title 32 of the Arizona Revised Statutes.

e. "Orthotist and/or prosthetist." Orthotist and/or prosthetist means a person who is certified by the American Board for Certification for Orthotics and Prosthetics, Inc.

f. "Physical therapist." Physical therapist means a person registered to practice physical therapy under Chapter 19, Title 32, Arizona Revised Statutes.

g. "Physician." Physician means a person licensed under Chapter 13 or 17, Title 32, Arizona Revised Statutes.

h. "Physician specialist." For purposes of this program, a specialist is a licensed physician who limits his practice to specialization and who:

i. Is a diplomat of the appropriate American or Osteopathic Board; or

ii. Is a fellow of the appropriate American Specialty College or a member of an Osteopathic Specialty College; or

iii. Has been notified of admissibility to examination by the appropriate American Board or Osteopathic Board or has evidence of completion of an appropriate qualifying residency approved by the American Medical Association or American Osteopathic Association and has not lost his eligibility; or

iv. Holds a staff appointment on July 1, 1976, with specialty privileges in a hospital accredited by the Joint Commission of Accreditation of Hospitals or by the American Osteopathic Association.

i. "Podiatrist." Podiatrist means a person licensed to practice podiatry under Chapter 7, Title 32, Arizona Revised Statutes.

j. "Respiratory therapist." Respiratory therapist means a person who is a graduate of an American Medical Association approved respiratory care education and training program and who has been registered by the American Registry of Inhalation Therapist, Inc., following successful completion of the American Registered Inhalation Therapist Examination.

k. "Speech therapist or audiologist." Speech therapist means a person who has been granted the Certificate of Clinical Competence in the American Speech and Hearing Association, or who has completed the equivalent educational requirements and work experience required for such a certificate, or who has completed the academic program or is in the process of accumulating the supervised work experience required for such a certificate.

Psychological services for VR are to be provided only by qualified psychologists, as described below:

a. A certified psychologist who holds a current certificate for the practice of psychology issued by the Arizona State Board of Psychologist Examiners and who has the necessary skills to provide diagnosis and treatment of mental or emotional disorders; or

b. A noncertified associate psychologist who has as a minimum a master's degree in psychology, clinical psychology, counseling psychology, or educational psychology from an approved psychology training program at an accredited college or university, and the necessary skills to provide diagnosis and treatment of mental or emotional disorders, and is professionally supervised by a certified psychologist and who assumes professional responsibility and accountability for the psychological services of his staff. The supervising psychologist shall review the referral information to assist in the selection of appropriate diagnostic or treatment methods, be available for case consultation during evaluation or treatment sessions, participate in data interpretation and report development and review and co-sign evaluation or treatment reports.

Standards for providers of training or education:

a. Private business, vocational or technical schools. Those schools that are licensed in accordance with A.R.S. § 15-931 and provide printed curricula and fees.

b. Tutors. VR counselors shall use tutors, for fee, only when such individuals have demonstrated competence and/or training in the area of service being purchased.

c. OJT. On-the-job training shall be purchased in accordance with the instructions in R6-4-206(C)(8) through (14).

d. Orientation and mobility specialist. Bachelor's or master's degree in orientation and mobility. AAWB provisional or permanent orientation and mobility certification within six months of employment.

e. Rehabilitation teacher. One year of experience in rehabilitation teaching or related instruction of the handicapped or a master's degree in rehabilitation teaching, special education or related. AAWB provisional or permanent rehabilitation teaching certification within six months of employment. In the case of services to children, a special education certificate in the area of visually handicapped and/or deaf/blind or a special education certificate and a minimum of one year's experience.

f. Rehabilitation facilities. By 1980, all facilities utilized by VR shall be accredited, or in the process of applying for accreditation, by CARF, NAC, or other recognized accrediting bodies.

4. Interpreters for the deaf must be certifiable by the Registry of Interpreters for the Deaf whenever possible.

B. Service standards and service descriptions.

Medical.

a. Medical consultation may be provided only by a person currently licensed by the state as "physician."

b. The provider of restoration services shall:

i. Submit a report outlining the problem, what restoration services are necessary and timeframes in which such will be accomplished.

ii. Submit a written report to justify any services that may be required beyond 90 days.

iii. Advise counselor of all extra procedures required but not included in the original authorization.

iv. Advise counselor of costs and all changes in costs.

v. Provide billings promptly.

c. Ancillary services. All medical and related health services must be prescribed by, or under the formal supervision of, persons licensed to prescribe or supervise the provision of such services in the state.

i. Physical therapy shall provide information regarding range of motion, strength, coordination and physical tolerance. It can also recommend whether an existing orthopedic condition is stable and make recommendations for further treatment. The knowledge gained can be expressed in functional terms which is directly related to the client's vocational planning. The therapy aspect is designed to assist the individual in reaching his maximum functional level through various treatment modalities such as hydrotherapy, electrotherapy and coordinated exercises.

ii. Occupational therapy shall involve a determination of the client's level of independent living skills relating to self-care activities, homemaking activities, and ability to utilize transportation. Additionally, evaluation of upper-extremity function and perceptual skills are included. The OT evaluation also determines the suitability of the client's home in terms of architectural features and determine the need for modifications, if appropriate, as well as the need for special equipment such as splints, upper-extremity prosthesis and assistive devices.

iii. Rehabilitation nursing shall provide screening to detect possible health problems, identifies possible accident-prone clients, detects poor hygiene, possible substance abuse, behavioral and attitudinal factors and need for additional medical evaluations. The evaluation identifies the vocational significance of these factors and also indicates the manner in which the presence of certain factors might affect the evaluative findings of other services of the facility. The therapeutic aspect of Rehabilitation Nursing is expressed by its role of consultant to other members of the rehabilitation team.

d. Speech therapy shall identify disorders of voice, articulation, language or fluency along with the vocational significance of various disorders. Treatment consists of individual and group therapy to correct the diagnosed disorder.

e. Audiological services shall be utilized to determine the existence of hearing difficulties and to develop a plan to manage the deficiencies. The evaluation determines the nature of the hearing loss and its vocational significance. The treatment program might include auditory training, lip reading and counseling regarding the use of a hearing aid.

f. Interpreter services shall involve the provision of an interpreter who is certifiable by the Registry of Interpreters for the Deaf to assist the deaf person in communication with hearing people. Interpreting services are necessary if the deaf individual is to have access to, and benefit from, those services and resources available to clients in the rehabilitation process. Specifically, the interpreter must be capable of interpreting speech for the deaf individual and reverse interpreting; i.e., manual communication into speech at the level and speed at which the deaf person communicates.

Psychological services.

a. Psychological evaluation for the VR program requires the administration, scoring and interpretation of psychological tests which measure intelligence, personality, achievement, aptitudes, interests and other clinically significant psychological attributes of clients. The psychologist must provide reports of findings to VR counselors, including diagnosis of mental or emotional disorders, if present, and recommendations for appropriate counseling, treatment or training strategies which may render the individual more employable.

b. Consultation shall be related to the psychological aspects of individual cases so as to establish whether a psychological disability is adequately documented by the available evidence; to provide certification of severely disabled status; to assess all psychologically related needs of an individual in a VR program; to recommend appropriate restorative services. All case records reviewed will be annotated and reviews will be coordinated with medical consultants, where appropriate. Consultation can only be provided by a certified psychologist.

c. Mental restoration services. The provider of mental restoration services shall:

i. Submit a report outlining the problem, proposed services and therapy goals and timeframes in which such will be accomplished.

ii. Submit regular progress reports to the VR counselor.

iii. Advise counselor of all changes in therapy goals or changes in timeframes.

iv. Advise counselor of costs and all changes in costs.

v. Provide billings for services performed promptly.

3. Vocational evaluation shall be a comprehensive process that systematically utilizes real or simulated work as a means of determining an individual's present work ability and predicting his work potential. The process is based upon a review and consideration of all data relating to the client, including medical, psychological, social, vocational, cultural, education and economic as well as objective data obtained by assessment of the client. The process will include as appropriate for the client, paper and pencil tests, work samples, situational assessment on job stations and on the job tryout. The evaluation will generate a report to the referring VR or SRBVI counselor which will provide the counselor with an understanding of the client's capabilities and limitations as they relate to work, will provide a basis for vocational exploration and will enable the counselor to identify vocational goals which are suitable to the client's interests, aptitudes, and physical and mental capabilities.

4. Training services.

a. Work adjustment services shall be provided by rehabilitation facilities or sheltered workshops who have the resources, knowledge and accountability to provide this service. Work adjustment is a treatment/training process utilizing individual and/or group work or work-related activities. The goal of work adjustment is to assist clients in understanding the meaning, value and demands of work; to modify or develop positive attitudes toward work; to develop appropriate personal characteristics and behavior; and to develop the functional capacities necessary to reach an optimum level of vocational development. The facility will:

i. Have prior authorization to provide services from the VR counselor;

ii. Notify counselor of any changes in goals or timeframes;

iii. Provide monthly progress reports including objective data relative to client movement towards the goals;

iv. Provide billing promptly;

Pre-vocational adjustment shall be a work adjustment process especially designed to meet the needs of a specific target population; namely, physically or mentally disabled persons who have no known skills and who have never been employed. It is a process which is normally provided by a sheltered workshop and the goal is generally that of assisting the client to adjust to the workshop setting. Pre-vocational adjustment differs from work adjustment in that it focuses on habilitation rather than rehabilitation. Essentially, the same techniques will be utilized with modification as necessary to meet the special needs of the target group. The program must demonstrate objective client progress in development of behavior appropriate to a work setting and positive attitudes toward work. Facility responsibilities are the same as under work adjustment.

6. Personal adjustment.

a. Personal and social adjustment as provided in a rehabilitation facility shall be a formalized training process designed to assist clients in resolving problems which may not be directly work related but which, nevertheless, must be resolved if the individual is to reach his optimum level vocationally or if he is to remain in employment over an extended period of time. Included are problems which, if not resolved, will eventually carry over into employment settings and result in marginal performance, excessive tardiness, absenteeism, or possibly termination. The program must demonstrate client progress in terms of greater independence and more effective functioning in a work setting as well as in all areas of the client's life.

b. Other personal adjustment services. Personal adjustment may also include services which provide skills or techniques for the specific purpose of enabling the individual to compensate for the loss of a member of the body or the loss of a sensory function. Included may be the following: training in the use of artificial limbs, aids or appliances; remedial training; literacy training; lip reading; braille; orientation and mobility training and rehabilitation teaching.

c. Rehabilitation teaching. Rehabilitation teaching provides instruction and training in learning adaptive skills necessary because of visual problems and/or blindness. These skills include communications skills (such as braille, typing, handwriting); home management skills (such as food preparation and nutrition, adaptive sewing techniques, marketing and budgeting); personal management skills (such as clothing care and organization, laundering, identification and labeling, grooming and hygiene); adaptive recreational skills, adaptive home mechanics and use of tools; and basic orientation skills within the home to enable a person to be mobile in his home environment and the necessary case management.

d. Orientation and mobility. Orientation and mobility provides instruction in cane training to blind and visually impaired persons in learning how to travel from one part of their environment to another in a safe, efficient, graceful and independent manner. These services may include orientation to the physical environment, instruction in independent travel techniques and/or lessons in the use of the low vision aids.

e. Whether these services are provided by a facility or individuals, appropriate provider standards apply. The reporting responsibilities are the same as those stated under the paragraph dealing with work adjustment. Rehabilitation teaching, orientation and mobility services are described below.

7. OJT.

a. When an OJT establishes an employer/employee relationship, all applicable wage and hour laws shall apply.

b. The employer must be willing to provide such a service under contract.

c. Employer must be willing to observe all wage laws as they pertain; e.g., minimum wage, exceptions to minimum wage, etc.

d. Must state precisely what training will be provided and how such will be accomplished.

e. Employer must agree on timeframes and must be willing to accept payment for training as agreed in the contract.

f. Must report monthly on client's progress and submit billings on a monthly basis.

C. Authorizations for services purchased from vendors.

1. Contracts. Contracts for services may be negotiated between the counselor and vendor.

a. They should contain the following elements:

i. Identify the parties involved;

ii. The specific services being authorized;

iii. Beginning and ending dates;

iv. The manner in which services will be provided;

v. Any required ancillary services; e.g., tools and supplies, registration fees, etc.

vi. The provider of the service;

vii. Goal of service being provided;

viii. Costs involved broken down in units of a month or less;

ix. Signatures of VR counselor and vendor.

b. Contracts must be written for all training services (including OJT's).

c. Contracts are to be written and signed before services are authorized.

d. If client or other sources are being used to pay for part of the training, this must be so stated on the contract.

2. A written authorization of services shall be made simultaneously with or prior to the purchase of services and such authorization will be retained. A VR counselor who is permitted to make an oral authorization in an emergency shall promptly document such an authorization in the client's case record and confirm it in writing to the provider of the service.

D. Fee schedules. Fees shall be based on:

1. The 1969 Relative Value Studies (unrevised) of the California Medical Association for medicine, surgery, radiology and pathology with the conversion factors set by Rehabilitation Services Bureau and available through state or local VR offices.

2. ASA Relative Value Guide of 1974 with the conversion factors set by Rehabilitation Services Bureau and available through state or local VR offices.

3. General medical examination to include a routine (chemical) urinalysis according to established fee schedule.

4. Dental fee schedule is developed by Rehabilitation Services Bureau and available through state or local offices.

5. Fee schedule for eye services is developed by Rehabilitation Services Bureau and available through state or local offices.

Psychological evaluation fee structure. Three levels of psychological evaluation have been established and for each level there is a fee range in recognition of differences in usual and customary fees for similar services among psychologists in various areas of the state. The psychologist and the local VR counselor may wish to agree to a set fee, within the fee range, for each level of evaluation to avoid having to negotiate the fee for evaluating each client; even so, flexibility should be allowed so that the fee for a particular level of evaluation may be adjusted higher or lower, within the fee range, depending upon the complexity of a particular case. Fee ranges have been set by Rehabilitation Services Bureau and are available through the state office or local VR office. Levels of psychological evaluation and reporting. (If, in the psychologist's judgment, a lower level evaluation than requested will provide the requested information, the psychologist shall render the lower level evaluation without the VR counselor's approval and adjust the billing; however, if a higher level evaluation than requested will be necessary to adequately answer the referral questions, such evaluation must first be authorized by the VR counselor (a telephone call and a brief case discussion may accomplish this). If a VR counselor is in doubt as to which level of evaluation to obtain, advice may be sought from the VR supervisor and, where available, the VR psychological consultant.

a. Minimal evaluation. Appropriate for individuals with a known history of mental or emotional impairment and prior psychological evaluation where an updating of the previous psychological information is desired (the psychologist's report will compare prior and current findings); also appropriate for individuals for whom only minimal information is needed.

b. Moderate evaluation. Appropriate for most individuals with no prior psychological evaluation or where prior evaluations are no longer applicable, and where more than a minimal evaluation is needed; the psychologist's report will provide a fairly detailed picture of the individual's assets and liabilities in response to the referral questions.

c. Comprehensive evaluation. Appropriate for individuals requiring a very extensive or specialized psychological evaluation to answer the referral questions, whether or not prior evaluations have been rendered; the psychologist's report will provide a very extensive description of the individual's assets and liabilities.

7. Mental restoration services. (Appointments missed without prior notification will be reimbursed at 1/2 the agreed-upon fee; however, no reimbursement will be provided for a missed appointment if, before such appointment, the psychologist and individual jointly reschedule the appointment.)

a. Individual or family therapy. The VR counselor and the psychologist will agree to a reasonable fee based on the psychologist's usual and customary fees, area of treatment specialization and length of treatment session.

b. Group therapy. The VR counselor and the psychologist will agree to a reasonable fee based on the psychologist's usual and customary fees, area of treatment specialization and length of treatment session.

E. Purchase of equipment. All equipment purchases shall be made in conformance with A.R.S. § 41-730 and rules, regulations and policies established and published under its authority.

F. Inventory of equipment. All equipment purchased shall be inventoried in accordance with policies established by state Department of Administration and the Department in conformance with A.R.S. § 41-729 and rules, regulations and policies established and published under this authority.

G. Workmen's Compensation coverage for client's shall be provided in conformance to A.R.S. § 23-901 et seq.

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Renumbered from R6-4-302 effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-403 Economic Need and Similar Benefits

A. Economic need criteria.

1. Economic need. The purpose of economic need criteria is to determine whether the client will contribute, in whole or in part, to the cost of those services for which an economic need test is required or not.

a. An economic need test shall be applied for the following services:

i. Physical and mental restoration services;

ii. Maintenance;

iii. Transportation for other than diagnostic purposes;

iv. Services to members of a handicapped individual's family necessary to the adjustment or rehabilitation of the handicapped individual;

v. Telecommunications, sensory and other technological aids and devices;

vi. Occupational licenses, tools, equipment and initial stocks (including livestock) and supplies (including training books and materials);

vii. Other goods and services which can reasonably be expected to benefit a handicapped individual in terms of his employability;

viii. Nondiagnostic services provided to a client in extended evaluation are subject to economic need criteria.

b. No test of economic need shall be applied as a condition for furnishing the following vocational rehabilitation services:

i. Evaluation of rehabilitation potential; i.e., diagnostic and related services;

ii. Transportation for diagnostic purposes only;

iii. Counseling, guidance and referral;

iv. Interpreter services for the deaf;

v. Reader services, rehabilitation teaching services and orientation mobility services for the blind;

vi. Vocational and other training services (available similar benefits for higher education must be considered);

vii. Placement.

c. No test of economic need will be applied for those services provided with SSI/SSDI special funds (see Section R6-4-601 and R6-4-602).

2. General considerations.

a. Eligibility requirements for VR services will be applied without regard to the economic status of the applicant.

b. All available client resources shall be utilized when providing services conditioned on economic need including all liquid assets (assets readily converted to cash by financial institutions limited to checking accounts, savings accounts, bonds, and securities) before considering economic need based on income.

c. A client may be allowed to reserve liquid assets (as defined in subsection (A)(2)(a)) up to $2,500, but to reserve liquid assets, it must be documented that such a reserve is required for medical, health reasons or other disability related reasons; e.g., an individual without health insurance coverage but who is known to have or will have in the near future, substantial medical expenses. Counselor must exercise prudent judgment and must have prior supervisory approval before disallowing such assets.

d. All similar benefits and financial assistance programs must be explored and utilized (per instructions in Section R6-4-303(B)) including work study programs.

e. Economic need must be redetermined when a change in client's financial status occurs. The yearly annual review of progress will include a review of the client's financial status.

f. Economic need criteria will be applied to the family unit for a dependent minor. A minor is anyone under 18 years of age who is dependent on parents, legal guardian, other family member. When the minor and family are estranged, and family is not contributing substantially to his welfare, the minor may be considered as an independent adult.

g. Economic need criteria will also be applied to the family unit for those VR clients who are non-minors (adults) and who are currently being claimed as dependents for income tax purposes during the current tax year.

Income.

a. Income that must be counted is net wages after mandatory deductions such as income taxes, social security, taxes and mandatory retirement contributions.

b. Also counted as income are:

i. Financial assistance from family and friends including trust funds, alimony and inheritance;

ii. Welfare. ADC, GA, SSI;

iii. Compensation. VA disability, SSDI, Workmen's Compensation, U.I.,retirement, insurance settlements, etc.;

iv. Interest, dividends and fees available or received;

v. Tribal or BIA assistance;

vi. Child support payments.

c. Any difference between similar benefits provided and actual cost of training or health maintenance must be considered as income, including but not limited to the following:

i. Hospital or health insurance;

ii. GI bill;

iii. VA rehabilitation;

iv. Educational grants;.

v. Scholarships.

4. The value of investment or income property owned by the client is considered in determining contributions to be made by the client to the costs of his rehabilitation services. Such are considered as assets and must be used to contribute to the cost of those rehabilitation services which are dependent on economic need. These cases will be handled on an individual basis. The counselor shall discuss them with supervisor and, as necessary, the District Program Manager.

5. Method of applying the economic need determination to client's participation in the costs of the rehabilitation program:

a. See R6-4-206(D) for instructions on how to apply economic need criteria to the provision of maintenance services;

b. In making an economic need determination, all liquid assets will be applied to cost of services before considering client's contributions based on monthly income;

c. If client has income over 80% of the Arizona median income figures provided by Department of Economic Security for administration of Title XX, he shall contribute that portion towards the cost of services which have an economic need criteria. Every attempt must be made to have vendor agree to time payments for one-time purchases when client is able to contribute to only part of their costs.

d. Exceptions to the above require prior approval by the supervisor.

B. Similar benefits.

1. Similar benefits are those benefits provided under programs other than VR which, if available, are used to meet, in whole or in part, the cost of the same or similar VR service the Agency would otherwise provide.

2. Use of similar benefits:

a. Services for which similar benefits must be considered and used, if available, are:

i. Physical and mental restoration services;

ii. Training, which includes:

(1) Colleges, Community/Junior;

(2) Vocational training in private or public schools.

iii. Maintenance;

iv. Occupational licenses, tools, equipment and initial stocks and supplies;

v. Transportation in connection with rehabilitation services (not for evaluation of rehabilitation potential);

vi. Telecommunications, sensory and other technological aids and devices;

vii. Interpreter and reader services;

viii. Rehabilitation teaching services and orientation/mobility services for the blind.

b. Similar benefits are not mandated for the following, but the counselor must make all efforts to acquire any similar benefits that may be available:

i. OJT's;

ii. Work adjustment;

iii. Remedial education;

iv. Evaluation of rehabilitation potential;

v. Counseling, guidance and referral;

vi. Books, tools and other training materials;

vii. Services to family members;

viii. Most employment services necessary to maintain handicapped client in suitable employment.

c. Similar benefits are to be utilized in all cases to the extent they are adequate, timely and do not interfere with achieving the rehabilitation objective of the individual.

d. An exception is made to the similar benefits review if such would cause significant delay in the provision of physical and mental restoration or maintenance services.

e. Although services to family members and post-employment services are not listed as requiring a similar benefits' review, a similar benefits' review is required for all those services provided in these two service categories which are listed elsewhere as requiring such.

3. General considerations.

a. An individual is eligible for similar benefits when he is legally qualified to receive such service.

b. The counselor must give full consideration of all available similar benefits.

c. The counselor must use maximum effort to secure similar benefit for a rehabilitation service. This effort must be documented in the IWRP. Counselor also must use contracted services or services under cooperative agreements if such are available to the client.

d. An individual eligible for similar benefits must utilize such insofar as they are adequate and do not interfere with achieving the rehabilitation objective of the individual.

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Renumbered from R6-4-303 effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-404 Administrative Review and Fair Hearings

A. General considerations.

1. Pursuant to federal regulations (CFR 1361.46) the VR Agency shall provide for applicants or clients of Vocational Rehabilitation who are dissatisfied with any action with regard to the furnishing or denial of services, a chance to file a request for an administrative review and redetermination of that action. When the individual is dissatisfied with the finding of this administrative review, he shall be granted an opportunity for a hearing. All clients must be informed of this provision at the time they apply for services.

2. A dissatisfied client has a number of recourses which shall be explored before an administrative review or a hearing is necessary or recommended:

a. Clients shall first be encouraged to discuss problems with their counselor. It is a normal part of counseling that the client and counselor must from time-to-time confront issues not pleasant or agreeable to either. The counselor/client relationship must be preserved if at all possible, not to protect the agency but to preserve the necessary continuity and autonomy of that counseling relationship.

b. When it is clear to either counselor, client or supervisor that the client/counselor relationship has broken down or that disagreements are not solvable within the context of that relationship, several alternatives may be considered.

i. Assignment to different counselor if the problem is judged to be a conflict in personality or style of relating;

ii. Meeting of client with the counselor's immediate supervisor with or without counselor present to help clarify policy or programmatic issues. This may result in either the transferring of case to another counselor or renewed attempt to reestablish the original client/counselor relationship;

iii. For this type of informal review, it is often helpful for supervisor to request or bring in outside consultation to help clarify the issues or problems.

c. If, after all alternatives have been explored, and the client remains dissatisfied, he shall be reminded of the recourse he has for an administrative review and must be assisted in receiving the benefit of such a review. Courtesy, fairness and promptness must guide the counselor's or supervisor's actions. After it has been established that a review will be set up, the counselor or supervisor may not change a program of services or take any new action on the case regarding the issue(s) raised until such issues have been resolved, nor may an attempt be made to influence the direction of the review.

3. Administrative review.

a. An administrative review is instituted at the request (written or verbal) of a client or applicant who is dissatisfied with any action regarding the furnishing or denial of services. Other informal avenues are to be explored before an administrative review is instituted. Requests for review, if in writing, shall be filed in client's case and copy forwarded to District VR Program Manager.

b. An administrative review shall be set up and held at the district level by District VR Program Manager or SBS/VR Manager. The individual with whom the complaint is filed is responsible for making necessary arrangements or to see that such arrangements are made. The hearing shall be conducted at a reasonable time, date and place and adequate preliminary written notice shall be given.

c. Persons to be involved are:

i. Client who is requesting the review;

ii. District VR Program Manager or SBSVR Manager as representatives of the Bureau Chief;

iii. VR Counselor involved;

iv. If client is deaf or mute, an interpreter will be present;

v. If the client does not have an adequate "grasp" of the English language, then an interpreter must be provided.

d. Persons who may also be involved:

i. Client may request to have a representative present;

ii. Other specialists at the discretion of District VR Program Manager.

e. Review procedures:

i. Minutes of the meeting shall be taken which summarize the issues raised, facts presented and discussion (a verbatim transcript is not required). If decisions were made during the review, they are also to be recorded. A copy of such minutes must be kept in permanent record files.

ii. The counselor is asked first to summarize the problem and to present his position;

iii. The client is asked if he has any questions and then to present his views on the problem and his position. In turn, the counselor may ask him questions.

iv. Discussion may follow with each individual given a chance to make closing comments. The client should be allowed to speak last.

f. Client shall be advised that the Administrative Review is not a legal hearing but an attempt to resolve conflicts by clarifying the issues, reviewing decisions and deciding whether to uphold those decisions based on state and federal laws, rules, regulations and policies as they apply to the particular circumstances of the case. The Agency must give timely and adequate notice to the client of decisions reached. Decision will be made within ten working days following the review.

g. Any decisions must be made with due regard to client's rights. The district VR Program Manager must be able and willing to state to the client the reasons for decisions reached.

h. The District VR Program Manager must advise RSB of a pending review. Technical assistance will be provided on request.

i. The results of the meeting shall be recorded as well as the rationale for any decisions made. A copy of this is to be forwarded to Rehabilitation Services Bureau and original filed with the District VR Program Manager; client's lawyer or representative shall also be furnished a copy on request. Records shall include the issues raised and discussed by both sides, evidence used and proposed findings, decisions or opinions. Client's case file will contain the facts and findings of the review.

j. All those participating in the review shall be advised that confidential information is involved and confidentiality must be observed. If non-VR individuals are present, the client should be asked to sign an authorization for release of personal information before proceeding. Client consent should never be presumed. Medical or psychological data obtained from third party may not be released without express authorization from that party. All other rules of confidentiality contained in federal regulations must be observed.

k. If the client remains dissatisfied with the results of an administrative review, the client may request a hearing.

l. The RSB Chief, as administrator of the single state agency, (per CFR 1361.46) acknowledges the Appeals Bureau under the Department's Deputy Director as his designee to represent him in hearings, reserving the right, however, under R6-4-304(C), reconsideration, to request a reconsideration of the hearing officer's decision by the Director.

B. Fair hearings.

1. Filing of appeal.

a. A request for a hearing shall be filed in writing with the Department or provider within fifteen calendar days after the mailing date of the decision letter.

b. Except as otherwise provided by Statute or by Department regulation, any appeal, application, request, notice, report, or other information or document submitted to the Department shall be considered received by and filed with the Department.

i. If transmitted via the United States Postal Service, or its successor, on the date it is mailed. The mailing date will be as follows:

(1) As shown by the postmark;

(2) In the absence of a postmark the postage meter mark of the envelope in which it is received;

(3) If not postmarked or postage meter marked, or if the mark is illegible, the date entered on the document as the date of completion.

ii. If transmitted by any means other than the United States Postal Service or its successor, on the date it is received by the Department.

iii. The submission of any appeal, application, request, notice, report, or other information or document not within the specified statutory or regulatory period shall be considered timely if it is established to the satisfaction of the Department that the delay in submission was due to Department error or misinformation, or to delay or other action of the United States Postal Service or its successor.

iv. Any notice, determination, decision, or other data mailed by the Department shall be considered as having been given to the addressee to whom it is directed on the date it is mailed to the addressee's last known address. The date mailed shall be presumed to be the date of the notice, determination, decision, or other date unless otherwise indicated by the facts. Computation of time shall be made in accordance with rule 6(a) of the rules of Civil Procedure, 16 A.R.S.

c. Benefits shall not be reduced or terminate prior to a hearing decision unless such is due to a subsequent change in household eligibility and/or another notice of adverse action is received and not timely appealed.

d. The local office or provider shall advise the client of any community legal services available and, when requested, shall assist in completing the hearing request.

2. Notice of hearing.

a. Hearings will be held at the local office or any other place mutually agreed upon by the hearing officer and appellant. They shall be scheduled not less than twenty, nor more than thirty, days from the date of filing of the request for hearing. The appellant shall be given no less than 15 days notice of hearing except that the appellant may waive the notice period or request a delay.

b. The notice of hearing shall inform the appellant of the date, time, and place of the hearing, the name of the hearing officer, the issues involved, and of his rights to: present his case in person or through a representative; examine and copy any documents in the Department's possession which pertain to the issue prior to the hearing; obtain assistance from the local office in preparing his case; and of his opportunity to make inquiry at the local office about the availability of community legal resources which could provide representation at the hearing.

c. Appellant, in lieu of a personal appearance, may submit a written statement, under oath or affirmation, setting forth the facts of the case provided that the statement is submitted to the Department prior to or at the time of the hearing. All parties shall be ready and present with all witnesses and documents at the time and place specified in the notice of hearing, and shall be prepared at such time to dispose of all issues and questions involved in the appeal.

d. The hearing officer may take such action for the proper disposition of an appeal as he deems necessary, and on his own motion, or at the request of any interested party upon a showing of good cause may continue the hearing to a future time or reopen a hearing before a decision is final to take additional evidence. If an interested party fails to appear at a scheduled hearing, the hearing officer may adjourn the hearing to a later date, or may make his decision upon the record, and such evidence as may be presented at the scheduled hearing. If within ten days of the scheduled hearing, appellant files a written application requesting reopening of the proceedings, and establishes good cause for failure to appear at the scheduled hearing, the hearing shall be rescheduled. Notice of the time, place, and purpose of any continued, reopened, or rescheduled hearing shall be given to all interested parties.

3. Pre-hearing summary.

a. A pre-hearing summary of the facts and grounds for the action taken shall be prepared and forwarded to the hearing officer no less than four days prior to the hearing.

b. The summary shall be provided to the appellant prior to the commencement of the hearing.

4. The hearing officer may subpoena any witnesses or documents requested by the Department or claimant to be present at the hearing. The request shall be in writing and shall state the name and address of the witness and the nature of his testimony. The nature of the witnesses testimony must be relevant to the issues of the hearing, otherwise the hearing officer may deny the request. The request for the issuance of a subpoena shall be made to give sufficient time, a minimum of three working days, prior to the hearing. A subpoena requiring the production of records and documents shall specifically describe them in detail and further set forth the name and address of the custodian thereof.

5. Review of file. In the presence of a Department representative, the appellant and/or his authorized representative shall be permitted to review, obtain, or copy any Department record necessary for the proper presentation of the case.

6. Conduct of the hearing.

a. Hearings shall be conducted in an orderly and dignified manner.

b. Hearings are opened, conducted and closed by the hearing officer who shall rule on the admissibility of evidence, and shall direct the order of proof. He shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses; the production of books, papers, correspondence, memoranda, and other records he deems necessary as evidence in connection with a hearing.

c. Evidence not related to the issue shall not be allowed to become a part of the record.

d. The hearing officer may, on his own motion, or at the request of the appellant or Department representative, exclude witnesses from the hearing room.

e. The worker, supervisor, or other appropriate person may be designated Department representative for the hearing.

f. The appellant and Department representative may testify, present evidence, and cross-examine witnesses and present arguments.

g. The appellant may appear for himself or be represented by an attorney or any other person he designates.

h. A full and complete record shall be kept of all proceedings in connection with an appeal, and such records shall be open for inspection by any interested party. A transcript of the proceedings need not, however, be made unless it is required by the Director for further proceedings. When a transcript has been made for further proceedings, a copy shall be furnished without cost to each interested party.

Hearing decision.

a. The hearing decision shall be rendered exclusively on the evidence and testimony produced at the hearing and Department rules governing the issues in dispute.

b. The decision shall set forth the pertinent facts involved, the conclusions drawn from such facts, the sections of applicable law or rule, the decision and the reasons therefor. A copy of such decision, together with an explanation of the appeal rights, shall be delivered or mailed to each interested party and their attorneys of record not more than sixty days from the date of filing the request for appeal, unless the delay was caused by the appellant.

c. In those cases where the local office must take additional action as a result of a decision, such action must be taken immediately.

d. All decisions in favor of the appellant apply retroactively to the date of the action being appealed, or to the date the hearing officer specifically finds appropriate.

e. When a hearing decision upholds the proposed action of reducing, suspending, or terminating a grant, an overpayment is the result.

f. All hearing decisions will be made accessible to the public, subject to meeting the provision for safeguarding confidential information relating to the client.

g. Decision of the hearing officer will be the final decision of the Department unless a reconsideration is requested in accordance with Section I.

h. Pursuant to A.R.S. § 36-563(C), Bureau of Mental Retardation decisions shall become final upon issuance of an order of the Director.

8. Withdrawal of appeal.

a. An appeal may be withdrawn as follows:

i. Voluntary withdrawal. This may be accomplished by completing and signing the proper Department form, or by submitting a letter properly signed.

ii. Abandonment or involuntary withdrawal. This occurs when an appellant fails to appear at a scheduled hearing and within ten days thereof fails to request a rescheduled hearing, or fails to appear at a rescheduled hearing which he has requested. A hearing may not be considered abandoned if the claimant provides notification up to the time of the hearing that he is unable, due to good cause, to keep the appointment and that he still wishes a hearing.

C. Reconsideration.

1. An appellant, within ten calendar days after the decision was mailed or otherwise delivered to him, may request the Director to review the decision. (Exception, see R6-4-304(A)(3)(e)) The request shall be in writing and should set forth a statement of the grounds for review and may be filed personally or by mail.

2. After receipt of the request, the Director shall:

a. Remand the case for rehearing, specifying the nature of any additional evidence required and/or issues to be considered, or

b. Decide the appeal on the record.

3. The Director shall promptly adopt his decision which shall be the final decision of the Department. A copy of the decision, together with a statement specifying the rights for judicial review, shall be distributed to each interested party.

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Amended effective June 9, 1978 (Supp. 78-3). Renumbered from R6-4-304 effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-405 Confidentiality

A. Definitions.

1. "Client information." Client information, written or otherwise, includes all medical, psychological, social, personal, financial, vocational and evaluative information which Vocational Rehabilitation acquires in the VR process.

2. "Informed consent of client." Informed consent is never presumed. A complete and signed authorization indicates "informed consent" in most cases. An authorization for release of information must include the following:

a. From whom the information is being requested;

b. The recipient of the information and his/her relationship to the client;

c. The type of information being requested;

d. The purpose for which information is being requested;

e. The duration for which client consent is being given;

f. An assurance, signed by the individual requesting the information, that information received will be treated as confidential and will not be used contrary to the expressed intent of the request.

3. "Primary source information." All that information which Vocational Rehabilitation acquired through personal interaction with client and evaluations and reports done at counselor's request and written specifically for VR.

"Secondary source information." All that information which Vocational Rehabilitation acquired from other sources but not originally done for or intended for Vocational Rehabilitation use.

5. "Direct administration of a client's rehabilitation program." Sharing information under the following circumstances constitutes sharing information in the direct administration of a rehabilitation program:

a. To assist in the diagnostic process; i.e., sharing existing medical and psychological information with other specialists on an as needed basis;

b. To develop an appropriate program of services; i.e., sharing such information as necessary or appropriate with rehabilitation facilities or other vendors who may become providers of rehabilitation services;

c. To search out and obtain similar benefit resources; i.e., sharing information with any similar benefit resource but only for the express purpose of determining eligibility for such similar benefits;

d. To ensure success of an IWRP (Program of Services); i.e., sharing information on a "need to know" basis with service providers and within the constraints of B.(below) to ensure the success of a Program of Services;

e. To assist the client in finding and obtaining or retaining employment; i.e., sharing such information with the (prospective) employer as is necessary to obtain, retain, or ensure suitable placement;

f. To provide continuity of services; i.e., sharing client information with other state VR personnel or between states as necessary to ensure continuity and consistency in Agency dealings with the individual.

6. "Individualized Written Rehabilitation Program (IWRP)." That part of the individual client case file which contains the program of services and all basic understandings and ensurances including client's consent to release of information in the administration of a rehabilitation program, and an assurance that otherwise client information will be held confidential.

7. "Client's representative." In the context of this Section, "representative" is an individual, so designated by the client, who is competent to handle personal client information and will do so responsibly for the benefit of the client.

B. Sharing client information in direct administration of VR program. VR counselor may release client information of which we are either primary or secondary source (without separate written authorization) to other individuals or agencies in the direct administration of a client's rehabilitation program as long as only necessary information is shared and that in the counselor's judgment, recipient can and will handle information in confidential manner. Consent for this release is given by client when he signs an application for services (see IWRP).

C. Answering requests for client information from clients or other individuals:

1. Information of which VR is not the primary source is only released in direct administration of a client's rehabilitation program. Requestors should be asked to contact the original source for secondary source information in possession of VR.

2. VR may release client information of which VR is primary source (other than under B. above) with client's informed written consent to only those other individuals or agencies who can give satisfactory assurance that information will be used only for the purpose for which it is provided, and that it will not be released to anyone else. In the adjudication of an individual's claim for Social Security or SSI benefits, Disability Certification Section has free access to primary source client information. VR counselors have free access to Disability Certification Section client information in the administration of a rehabilitation program.

3. With informed written consent of the client, federal regulations allow release of information (besides the IWRP which does not require special consent) to the client or, as appropriate, his parent, guardian or other representative. This shall be done with extreme care and may only be authorized by the counselor. The counselor will not normally copy actual medical, psychological or social reports to give to client. Such may be provided to the client's representative with proper written authorizations from client. It is advised, however, that the counselor dictate letters explaining Vocational Rehabilitation involvements in a general way when such information is requested by the client. Copies of such letters are placed in client's case folder. Interpretations of technical psychological or medical data shall only be provided by the originator of the report.

4. Client has a right to copies of his IWRP and shall be given such.

5. With informed consent, information shall be made available for review (but not to be removed from client file or copies without subpoena) to such client, parent, guardian or other representative for purposes in connection with any proceeding or action for benefits or damage, including any proceeding or action against any public agency provided

a. That only such information as is relevant to the needs of the client shall be released, and

b. In the case of medical or psychological information, the knowledge of which may be harmful to the client, such information will be released to the parent, guardian or other representative of the client by the state agency or to the client by a physician or by a licensed or certified psychologist. The psychologist or medical VR consultant or the examiner should be consulted to determine whether information may be harmful.

6. Information shall be released to an organization or individual engaged in research only for purposes directly connected with the administration of the State Vocational Rehabilitation program and only if the organization or individual furnishes satisfactory assurance that the information will be used only for the purpose for which it is provided; that it will not be released to persons not connected with the study under consideration; and that the final product of the research will not reveal any information that may serve to identify any person about whom information has been obtained through the state agency without written consent of such person and the state agency.

7. In any case, where client's informed consent is in doubt and/or when information may be damaging, such as during litigation with client as defendant, counselor is advised to not release personal client information even with a signed authorization for such release. In such an instance, the information may be subpoenaed.

8. All client information released shall be stamped CONFIDENTIAL.

D. Vocational Rehabilitation requesting information on clients from others:

1. Information being requested must have direct relevance to establishing client's eligibility and to the success of client's rehabilitation program. Counselor must be selective in his approach to information gathering.

2. Request for information must be as specific as possible (fulfill the criteria as set in R6-4-305(A)(2)).

E. Informing client about confidentiality.

1. The client shall be told at the beginning of his/her relationship with Vocational Rehabilitation that records will be held confidential but also that there are limits to that confidentiality; e.g., client files may be subpoenaed in whole or in part and contents used in court.

2. The client shall also be told both at the beginning of relationship with counselor and any other time as necessary that:

a. The counselor must report any ongoing or future illegal activity to proper authorities, especially if it involves possible injury to other individuals or damage to property. That not doing so might make him/her legally accessories to the crime.

b. The counselor himself/herself may be subpoenaed and questioned in court in which case he must answer questions honestly and truthfully on the order of the judge.

3. When counselor is aware that client may be or may become in violation of the law, the counselor must inform the client of this and the possible consequences.

4. Counselor should know that counselor-client relationship is not protected by privileged communication laws in the same way that the doctor-patient, lawyer-client or clergyman-penitent relationship is.

F. Client files shall not contain information which the client does not want known beyond the client-counselor relationship. Moreover, if the client wants to reveal the details of an illegal act or source of information, the counselor should interrupt the client and advise him that he is interested only in the effects of such activity, not the act itself.

G. Client files must be kept in such a way that no unauthorized individual will have access to them. An unauthorized individual is anyone who is not directly connected with the administration of the rehabilitation program. All non-professional VR staff who have access to the client's records will be thoroughly briefed concerning the confidentiality standards to be observed.

H. When a client/applicant is involved in litigation and has an attorney, the rehabilitation counselor shall inform the client's attorney of Agency involvement and plans for providing services.

I. Subpoena of Vocational Rehabilitation counselor or client records.

1. Counselors receiving subpoenas must contact their supervisor and the Department's Legal Section immediately for assistance.

2. To provide full protection of the counselor, any subsequent legal actions taken by the VR counselor shall be on instruction from Legal Section.

Secondary source information such as medical or psychological data obtained from another agency shall not be released without advice from Legal Section even under subpoena. The counselor should explain that this information should be secured from the original source. SSA information shall never be released, even under subpoena 42 U.S.C. 1306(a).

J. All client information is the property of the Department and shall be used in conformance with the regulations and policies stated in this Section.

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Renumbered from R6-4-305 effective May 7, 1990 (Supp. 90-2).

Article 6 EXPIRED

Ariz. Admin. Code § R6-4-601 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Section repealed, new Section adopted effective October 22, 1991 (Supp. 91-4). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).
Ariz. Admin. Code § R6-4-602 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Section repealed, new Section adopted effective October 22, 1991 (Supp. 91-4). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).
Ariz. Admin. Code § R6-4-603 Expired

History

  • Adopted effective October 22, 1991 (Supp. 91-4). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).
Ariz. Admin. Code § R6-4-604 Expired

History

  • Adopted effective October 22, 1991 (Supp. 91-4). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).
Ariz. Admin. Code § R6-4-605 Expired

History

  • Adopted effective October 22, 1991 (Supp. 91-4). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).
Ariz. Admin. Code § R6-4-606 Expired

History

  • Adopted effective October 22, 1991 (Supp. 91-4). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).
Ariz. Admin. Code § R6-4-607 Expired

History

  • Adopted effective October 22, 1991 (Supp. 91-4). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).
Ariz. Admin. Code § R6-4-608 Expired

History

  • Adopted effective October 22, 1991 (Supp. 91-4). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2855, effective June 28, 2013 (Supp. 13-3).

Article 7 EXPIRED

Ariz. Admin. Code § R6-4-701 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-4-702 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Amended effective October 13, 1978 (Supp. 78-5). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-4-703 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-4-704 [REPEALED]

History

  • Adopted effective January 7, 1981 (Supp. 81-1). Repealed effective May 7, 1990 (Supp. 90-2).
Ariz. Admin. Code § R6-4-705 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).
Ariz. Admin. Code § R6-4-706 [REPEALED]

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Former Section R6-4-706 repealed, new Section R6-4-706 adopted effective June 17, 1985 (Supp. 85-3). Repealed effective October 22, 1991 (Supp. 91-4).
Ariz. Admin. Code § R6-4-707 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).

Article 8 EXPIRED

Ariz. Admin. Code § R6-4-801 Expired

History

  • Adopted effective June 14, 1977 (Supp. 77-3). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1165, effective October 31, 2003 (Supp. 04-1).

Chapter 5 DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES

Article 20 REPEALED

Ariz. Admin. Code § R6-5-2001 [REPEALED]

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2001 repealed, new Section R6-5-2001 adopted effective May 17, 1976 (Supp. 76-3). Amended as an emergency effective August 3, 1976 (Supp. 76-4). Former Section R6-5-2001 repealed, new Section R6-5-2001 adopted effective November 8, 1982 (Supp. 82-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2002 [REPEALED]

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2002 repealed, new Section R6-5-2002 adopted effective May 17, 1976 (Supp. 76-3). Amended effective February 10, 1977 (Supp. 77-1). Former Section R6-5-2002 repealed, new Section R6-5-2002 adopted effective November 8, 1982 (Supp. 82-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2003 [REPEALED]

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2003 repealed, new Section R6-5-2003 adopted effective May 17, 1976 (Supp. 76-3). Amended effective February 10, 1977 (Supp. 77-1). Amended effective October 31, 1978 (Supp. 78-5). Former Section R6-5-2003 repealed, new Section R6-5-2003 adopted effective November 8, 1982 (Supp. 82-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2004 [REPEALED]

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2004 repealed, new Section R6-5-2004 adopted effective May 17, 1976 (Supp. 76-3). Amended as an emergency effective August 3, 1976 (Supp. 76-4). Amended effective February 10, 1977 (Supp. 77-1). Amended effective October 31, 1978 (Supp. 78-5). Former Section R6-5-2004 repealed, new Section R6-5-2004 adopted effective November 8, 1982 (Supp. 82-6). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2) of this rule, is adopted for the program period July 1, 1983, through June 30, 1984, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 83-3). Exhibit I, Title XX, Social Services Plan, incorporated herein by reference, amended as an emergency effective September 30, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Emergency expired. Permanent amendment adopted effective January 3, 1984 (Supp. 84-1). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2) of this rule, is adopted for the program period July 1, 1984, through June 30, 1985, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 84-3). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2) of this rule, is adopted for the program period July 1, 1985, through June 30, 1986, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 85-3). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2) of this rule, is adopted for the program period July 2, 1986, through June 30, 1987, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 86-4). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2) of this rule, is adopted for the program period September 24, 1987, through June 30, 1988, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 87-3). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2) of this rule, is adopted for the program period September 22, 1988, through June 30, 1989, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 88-3). Exhibit I, Title XX, Social Services Plan, incorporated by reference in subsection (C), paragraph (2), of this rule, is adopted for the program period July 1, 1989, through June 30, 1990, and the former Exhibit I, Title XX, Social Services Plan is repealed accordingly (Supp. 89-3). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2005 [REPEALED]

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Amended effective February 10, 1977 (Supp. 77-1). Amended effective October 31, 1978 (Supp. 78-5). Former Section R6-5-2005 repealed, new Section R6-5-2005 adopted effective November 8, 1982 (Supp. 82-6). A new Exhibit I, Title XX, Social Services Plan, referred to in subsection (1) of this rule, is adopted for the program period September 22, 1988 through July 30, 1989 (Supp. 88-3). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2006 [REPEALED]

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Amended effective February 10, 1977 (Supp. 77-1). Amended effective October 31, 1978 (Supp. 78-5). Repealed effective November 8, 1982 (Supp. 82-6).

Article 23 REPEALED

Ariz. Admin. Code § R6-5-2301 [REPEALED]

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2301 repealed, new Section R6-5-2301 adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-2302 [REPEALED]

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2302 repealed, new Section R6-5-2302 adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-2303 [REPEALED]

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2303 repealed, new Section R6-5-2303 adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-2304 [REPEALED]

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2304 repealed, new Section R6-5-2304 adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-2305 [REPEALED]

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2305 repealed, new Section R6-5-2305 adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-2306 [REPEALED]

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2306 repealed, new Section R6-5-2306 adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-2307 [REPEALED]

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-2308 [REPEALED]

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-2309 [REPEALED]

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-2310 [REPEALED]

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Repealed by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2).

Article 24 APPEALS AND HEARINGS

Ariz. Admin. Code § R6-5-2401 Expired

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2401 repealed, new Section R6-5-2401 adopted effective May 17, 1976 (Supp. 76-3). Former Section R6-5-2401 repealed, new Section R6-5-2401 adopted effective March 1, 1978 (Supp. 78-2). Section expired under A.R.S. § 41-1056(E) at 18 A.A.R. 607, effective October 31, 2011 (Supp. 12-1).
Ariz. Admin. Code § R6-5-2402 Expired

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2402 repealed, new Section R6-5-2402 adopted effective May 17, 1976 (Supp. 76-3). Former Section R6-5-2402 repealed, new Section R6-5-2402 adopted effective March 1, 1978 (Supp. 78-2). Section expired under A.R.S. § 41-1056(E) at 18 A.A.R. 607, effective October 31, 2011 (Supp. 12-1).
Ariz. Admin. Code § R6-5-2403 Expired

History

  • Adopted as an emergency effective October 2, 1975 (Supp. 75-1). Former Section R6-5-2403 repealed, new Section R6-5-2403 adopted effective May 17, 1976 (Supp. 76-3). Former Section R6-5-2403 repealed, new Section R6-5-2403 adopted effective March 1, 1978 (Supp. 78-2). Section expired under A.R.S. § 41-1056(E) at 18 A.A.R. 607, effective October 31, 2011 (Supp. 12-1).
Ariz. Admin. Code § R6-5-2404 Basis for a Hearing

A. A person will be granted a hearing for any of the following reasons:

1. Right to apply for social services has been denied.

2. Application is denied in whole or in part.

Action on an application has not been taken by the Department within 30 days of the date of application.

4. Service is suspended, terminated or reduced when such action has occurred as a result of an eligibility determination.

B. Change in law or policy. A hearing shall not be granted when a change in federal or state law or policy requires service adjustments or discontinuance for classes of recipients.

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Former Section R6-5-2404 repealed, new Section R6-5-2404 adopted effective March 1, 1978 (Supp. 78-2).
Ariz. Admin. Code § R6-5-2405 Hearing Process

A. Filing of appeal

1. A request for a hearing shall be filed in writing with the Department or provider within 15 calendar days after the mailing date of the decision letter, except that for appeals on denying, revoking or suspending a license of a child welfare agency or foster home the request shall be filed within 20 calendar days.

2. Except as otherwise provided by statute or by Department regulation, any appeal, application, request, notice, re- port, or other information or document submitted to the Department shall be considered received by and filed with the Department:

a. If transmitted via the United States Postal Service or its successor, on the date it is mailed. The mailing date will be as follows:

i. As shown by the postmark.

ii. In the absence of a postmark the postage-meter mark of the envelope in which it is received;

iii. If not postmarked or postage-meter marked, or if the mark is illegible, the date entered on the document as the date of completion.

b. If transmitted by any means other than the United States Postal Service or its successor, on the date it is received by the Department.

c. The submission of any appeal, application, request, notice, report or other information or document not within the specified statutory or regulatory period shall be considered timely if it is established to the satisfaction of the Department that the delay in submission was due to Department error or misinformation or to delay or other action of the United States Postal Service or its successor.

d. Any notice, determination, decision or other data mailed by the Department shall be considered as having been given to the addressee to whom it is directed on the date it is mailed to the addressee's last known address. The date mailed shall be presumed to be the date of the notice, determination, decision or other data unless otherwise indicated by the facts. Computation of time shall be made in accordance with Rule 6(a) of the Rules of Civil Procedure, 16 A.R.S.

3. Benefits shall not be reduced or terminated prior to a hearing decision unless due to a subsequent change in household eligibility another notice of adverse action is received and not timely appealed.

4. The local office or provider shall advise the client of any community legal services available and, when requested, shall assist in completing the hearing request.

B. Notice of hearing

1. Hearings will be held at the local office or any other place mutually agreed upon by the hearing officer and appellant. They shall be scheduled not less than 20 nor more than 30 days from the date of filing of the request for hearing. The appellant shall be given no less than 15 days notice of hearing, except that the appellant may waiver the notice period or request a delay. For appeals on denying, revoking or suspending a license of a child welfare agency or foster home, however, the hearing shall be held within ten days of the date of filing of the request for hearing.

2. The notice of hearing shall inform the appellant of the date, time, and place of the hearing, the name of the hearing officer, the issues involved, and of his rights to: present his case in person or through a representative; examine and copy any documents in his case file and all documents and records to be used by the agency at the hearing at a reasonable time prior to the hearing as well as at the hearing; obtain assistance from the local office in preparing his case; and of his opportunity to make inquiry at the local office about the availability of community legal resources which could provide representation at the hearing.

3. Appellant, in lieu of a personal appearance, may submit a written statement, under oath or affirmation, setting forth the facts of the case provided that the statement is submitted to the Department prior to or at the time of the hearing. All parties shall be ready and present with all witnesses and documents at the time and place specified in the notice of hearing, and shall be prepared at such time to dispose of all issues and questions involved in the appeal.

4. The hearing officer may take such action for the proper disposition of an appeal as he deems necessary, and on his own motion, or at the request of any interested party upon a showing of good cause disqualify himself, or may continue the hearing to a future time or reopen a hearing before a decision is final to take additional evidence. If an interested party fails to appear at a scheduled hearing, the hearing officer may adjourn the hearing to a later date or may make his decision upon record and such evidence as may be presented at the scheduled hearing. If, within ten days of the scheduled hearing, appellant files a written application requesting reopening of the proceedings and establishes good cause for failure to appear at the scheduled hearing, the hearing shall be rescheduled. Notice of the time, place, and purpose of any continued, reopened or rescheduled hearing shall be given to all interested parties.

C. Prehearing summary

1. A prehearing summary of the facts and grounds for the action taken shall be prepared and forwarded to the hearing officer no less than four days prior to the hearing.

2. The summary shall be provided to the appellant prior to the commencement of the hearing.

D. Subpoena of witnesses. The hearing officer may subpoena any witnesses or documents requested by the Department or claimant to be present at the hearing. The request shall be in writing and shall state the name and address of the witness and the nature of his testimony. The nature of the witnesses' testimony must be relevant to the issues of the hearing, otherwise the hearing officer may deny the request. The request for the issuance of a subpoena shall be made to give sufficient time, a minimum of three working days, prior to the hearing. A subpoena requiring the production of records and documents shall specifically describe them in detail and further set forth the name and address of the custodian thereof.

E. Review of file. In the presence of a Department representative, the appellant and/or his authorized representative shall be permitted to review, obtain or copy any Department record necessary for the proper presentation of the case.

F. Conduct of the hearing

1. Hearings shall be conducted in an orderly and dignified manner.

2. Hearings are opened, conducted and closed by the hearing officer who shall rule on the admissibility of evidence and shall direct the order of proof. He shall have power to administer oaths and affirmations, take depositions, certify to official acts and issue subpoenas to compel the attendance of witnesses, the production of books, papers, correspondence, memoranda and other records he deems necessary as evidence in connection with a hearing.

3. Evidence not related to the issue shall not be allowed to become a part of the record.

4. The hearing officer may, on his own motion, or at the request of the appellant or Department representative, exclude witnesses from the hearing room.

5. The worker, supervisor or other appropriate person may be designated Department representative for the hearing.

6. The appellant and Department representative may testify, present evidence, cross-examine witnesses and present arguments.

The appellant may appear for himself or be represented by an attorney or any other person he designates.

8. A full and complete record shall be kept of all proceedings in connection with an appeal, and such records shall be open for inspection by the claimant or his representative at a place accessible to him. A transcript of the proceedings need not, however, be made unless it is required for further proceedings. When a transcript has been made for further proceedings, a copy shall be furnished without cost to each interested party.

G. Hearing decision

1. The hearing decision shall be rendered exclusively on the evidence and testimony produced at the hearing, appropriate state and federal law, and Department rules governing the issues in dispute.

2. The decision shall set forth the pertinent facts involved, the conclusions drawn from such facts, the sections of applicable law or rule, the decision and the reasons thereof. A copy of such decision, together with an explanation of the appeal rights, shall be delivered or mailed to each interested party and their attorneys of record not more than 60 days from the date of filing the request for appeal, unless the delay was caused by the appellant.

3. In those cases where the local office must take additional action as a result of a decision, such action must be taken immediately.

4. All decisions in favor of the appellant apply retroactively to the date of the action being appealed, or to the date the hearing officer specifically finds appropriate.

5. When a hearing decision upholds the proposed action of reducing, suspending or terminating a grant, an overpayment is the result.

6. All hearing decisions will be made accessible to the public, subject to meeting the provision for safeguarding confidential information relating to the client.

7. Decision of the hearing officer will be the final decision of the Department unless a reconsideration is requested in accordance with subsection (I).

H. Withdrawal of appeal. An appeal may be withdrawn as follows:

1. Voluntary withdrawal. This may be accomplished by completing and signing the proper Department form or by submitting a letter properly signed.

2. Abandonment or involuntary withdrawal. This occurs when an appellant fails to appear at a scheduled hearing and within ten days thereof fails to request a rescheduled hearing or fails to appear at a rescheduled hearing which he has requested. A hearing may not be considered abandoned if the claimant provides notification up to the time of the hearing that he is unable, due to good cause, to keep the appointment and that he still wishes a hearing.

I. Reconsideration

1. An appellant, within ten calendar days after the decision was mailed or otherwise delivered to him, may request the Director to review the decision. The request shall be in writing and should set forth a statement of the grounds for review, and may be filed personally or by mail.

2. After receipt of an application for leave to appeal, the Director shall:

a. Deny the application, or

b. Remand the case for rehearing, specifying the nature of any additional evidence required and/or issues to be considered, or

c. Grant the application and decide the appeal on the record.

3. The Director shall promptly adopt his decision which shall be the final decision of the Department. A copy of the decision, together with a statement specifying the rights for judicial review, shall be distributed to each interested party.

History

  • Adopted effective March 1, 1978 (Supp. 78-2).

Article 25 REPEALED

Ariz. Admin. Code § R6-5-2501 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-2501 repealed, new Section R6-5-2501 adopted effective February 26, 1979 (Supp. 79-1). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2502 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-2502 repealed, new Section R6-5-2502 adopted effective February 26, 1979 (Supp. 79-1). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2503 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).

Article 26 REPEALED

Ariz. Admin. Code § R6-5-2601 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2602 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2603 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2604 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2605 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2606 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2607 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).

Article 27 REPEALED

Ariz. Admin. Code § R6-5-2701 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2702 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2703 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2704 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2705 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2706 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-2707 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective June 5, 1997 (Supp. 97-2).

Article 29 REPEALED

Ariz. Admin. Code § R6-5-2901 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2902 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2903 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2904 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2905 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2906 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2907 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2908 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2909 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2910 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2911 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-2912 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).

Article 32 REPEALED

Ariz. Admin. Code § R6-5-3201 [REPEALED]

History

  • Adopted effective November 22, 1978 (Supp. 78-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-3202 [REPEALED]

History

  • Adopted effective November 22, 1978 (Supp. 78-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-3203 [REPEALED]

History

  • Adopted effective November 22, 1978 (Supp. 78-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-3204 [REPEALED]

History

  • Adopted effective November 22, 1978 (Supp. 78-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-3205 [REPEALED]

History

  • Adopted effective November 22, 1978 (Supp. 78-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-3206 [REPEALED]

History

  • Adopted effective November 22, 1978 (Supp. 78-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-3207 [REPEALED]

History

  • Adopted effective November 22, 1978 (Supp. 78-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-3208 [REPEALED]

History

  • Adopted effective November 22, 1978 (Supp. 78-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-3209 [REPEALED]

History

  • Adopted effective November 22, 1978 (Supp. 78-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-3210 [REPEALED]

History

  • Adopted effective November 22, 1978 (Supp. 78-6). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-3211 [REPEALED]

History

  • Adopted effective November 22, 1978 (Supp. 78-6). Repealed effective December 17, 1993 (Supp. 93-4).

Article 33 ACHIEVING A BETTER LIFE EXPERIENCE

Ariz. Admin. Code § R6-5-3301 Definitions

The following definitions apply to this Article:

1. "ABLE" means the Achieving a Better Life Experience Act.

2. "Account" means an individual account in the fund established as prescribed for a single designated beneficiary.

"Aggregate Account Balance" means the total amount in an account on a particular date.

4. "Applicant" means any individual who applies to open an Account in the Program.

5. "Cash" means personal check, cashier's check, money order, debit card, Automated Clearing House (ACH) payments, or a similar cash equivalent.

6. "Code" means the federal Internal Revenue Code of 1986, as amended (26 U.S.C. 529A).

7. "Committee" means the same as in A.R.S. § 46-901(3).

8. "Department" means the Arizona Department of Economic Security.

"Designated Beneficiary" means the same as in A.R.S. § 46-901(5).

10. "Designated Representative" means a person who is authorized to act on behalf of a Designated Beneficiary.

11. "Disability Certification" means the certification described in Section 529A of the Code.

12. "Eligible Individual" means the same as in A.R.S. § 46-901(6).

13. "IRS" means the federal Internal Revenue Service.

14. "Program" means the same as in A.R.S. § 46-901(9).

15. "Program Manager" means the entity selected by the Department for the Program in accordance with A.R.S. § 46-903(C)(1) -(8).

16. "Qualified Disability Expenses" means the same as in A.R.S. § 46-901(10).

17. "Qualified Withdrawal" or "Qualified Distribution" means a withdrawal from an Account to pay Qualified Disability Expenses of the Designated Beneficiary.

18. "Secretary" means the United States Secretary of the Treasury or his/her delegate.

19. "SSA" means the Social Security Administration.

History

  • Adopted by final rulemaking at 25 A.A.R. 885, effective 5/20/2019.
Ariz. Admin. Code § R6-5-3302 Program Manager

Responsibilities of the Program Manager:

1. The Program Manager shall implement the Program, including the administration and management of the Program.

2. The Program Manager shall ensure adequate safeguards to prevent aggregate contributions on behalf of a Designated Beneficiary in excess of the limit established by the Department under section 529(b)(6) of the Code. For purposes of this Section, aggregate contributions include contributions under any prior qualified ABLE program of any state or agency or instrumentality of either.

3. The Program Manager shall compile or cause to be compiled the necessary information to complete any reports.

4. The Program Manager may contract with third parties to assist the Department and Program Manager in the educational and promotional activities for the Program.

5. The Program Manager may use forms provided or promulgated by the SSA, the IRS, or other federal agencies for the purposes of the ABLE Program. The Program Manager may also promulgate its own forms reasonably necessary to implement the ABLE Program.

History

  • Adopted by final rulemaking at 25 A.A.R. 885, effective 5/20/2019.
Ariz. Admin. Code § R6-5-3303 Fees

1. The Program Manager may impose administrative, maintenance, investment management and investment fees on Designated Beneficiaries.

2. The Program Manager may impose a nonrefundable application fee to review and process paper applications.

History

  • Adopted by final rulemaking at 25 A.A.R. 885, effective 5/20/2019.
Ariz. Admin. Code § R6-5-3304 Opening an Account

1. To open an Account in the Program, an individual shall submit a completed application form, pay the application fee, if any, and pay an initial minimum contribution to the Account, if any, to the Program Manager at https://az-able.com/.

2. The Program Manager may require a minimum initial contribution to open an Account.

3. The content of the application form shall be prescribed by the Program Manager, but shall include at a minimum, the following information:

a. The name, address, social security number and birth date of the Designated Beneficiary;

b. The name, address and social security number of the Designated Representative, if the Designated Beneficiary is not the applicant;

c. Evidence that the Designated Beneficiary is an Eligible Individual;

d. Any additional information required by the Program Manager.

4. Completed applications shall be submitted as specified on the application form.

5. Applications that are incomplete or fail to meet the requirements established by the Department and the Program Manager shall be rejected. Reapplication is permissible.

History

  • Adopted by final rulemaking at 25 A.A.R. 885, effective 5/20/2019.
Ariz. Admin. Code § R6-5-3305 Contributions

1. Any person may make contributions to an Account, subject to the limitations imposed by federal law.

2. Except in the case of program-to-program transfers, contributions may be made in cash or a similar cash equivalent.

3. Annual contributions to an Account from all sources, except contributions received in program-to-program transfers, are limited to the per-beneficiary amount excluded from the federal gift tax under federal law.

4. Excess contributions and excess aggregate contribution shall be returned to contributors.

History

  • Adopted by final rulemaking at 25 A.A.R. 885, effective 5/20/2019.
Ariz. Admin. Code § R6-5-3306 Statements

1. Account statements shall be provided to Designated Beneficiaries and Designated Representatives in accordance with the Act.

2. Account statements may be provided to other individuals authorized to receive that information under the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 96 et seq .) and the Truth in Lending Act (15 U.S.C. 1601 et seq .).

3. The Account statements may be provided using U.S. Mail or provided electronically via website access or e-mail, as selected by the Designated Beneficiary or Designated Representative.

History

  • Adopted by final rulemaking at 25 A.A.R. 885, effective 5/20/2019.
Ariz. Admin. Code § R6-5-3307 Program-to-Program Transfers and Rollovers

1. Subject to federal law, the Program shall permit a program-to-program transfer through which a Designated Beneficiary transfers the entire amount of an Account from the AZ ABLE Program to or from a different state's ABLE program, or for the transfer of an Account from a Designated Beneficiary to another Eligible Individual who is a member of the family of the former Designated Beneficiary, without any intervening distribution.

2. Subject to federal law, the Program shall permit rollovers through which a contribution to an Account of a Designated Beneficiary (or an Eligible Individual who is a member of the family of the Designated Beneficiary) of all or a portion of the amount withdrawn from the Designated Beneficiary's Account, provided the contribution is made within 60 days of the date of the withdrawal, and, in the case of a rollover to the Designated Beneficiary's Account, no rollover has been made to another account established under an ABLE program within the prior 12 months.

History

  • Adopted by final rulemaking at 25 A.A.R. 885, effective 5/20/2019.

Article 49 CHILD CARE ASSISTANCE

Ariz. Admin. Code § R6-5-4901 Definitions

The following definitions apply to this Article:

1. "Adequate notice" means written notification that explains the action the Department intends to take, the reason for the action, the specific authority for the action, the client's appeal rights, and right to benefits pending appeal, and that is mailed before the effective date of the action.

2. "Appellant" means an applicant or recipient of assistance who is appealing a negative action by the Department.

3. "Availability" means the portion of time that a parent or caretaker can provide care to their own child, as determined by the Department, because the parent or caretaker is not participating in an eligible activity.

4. "Applicant" means a person who has filed an application for Child Care Assistance.

5. "Authorized" means the specific amount of Child Care Assistance approved by the Department for an eligible family for a specific period of time.

6. "CCA" means the DES Child Care Administration.

7. "Caretaker relative" means a relative who exercises the responsibility for the day-to-day physical care, guidance, and support of a child who physically resides with the relative.

8. "Cash Assistance" means the program administered by the Family Assistance Administration that provides temporary Cash Assistance to needy families.

9. "Cash Assistance participant" means a recipient of Cash Assistance.

10. "Child care" means the compensated service the Department provides to a child who is unaccompanied by a parent or guardian during a portion of a 24-hour day.

11. "Child Care Assistance" means money payments for child care services paid by the Department for the benefit of an eligible family.

12. "Child Care Provider" means a child care facility licensed under A.R.S. Title 36, Chapter 7.1, Article 4, child care home providers, in-home providers, noncertified relative providers, and regulated child care on military installations or federally recognized Indian Tribes.

13. "Client" means a person who has requested, has been referred for, or who is currently receiving Child Care Assistance.

14. "Countable income" means the gross income of individuals included in family size that the Department considers to determine eligibility and calculate an assistance amount.

15. "CPS or Child Protective Services" means the child welfare services administration within the Department's Division of Children, Youth, and Family Services.

16. "Day" means a calendar day unless otherwise specified.

17. "DDD" means the Division of Developmental Disabilities.

18. "Denial" means a formal decision of ineligibility on an application, referral, or request for Child Care Assistance.

19. "Department" means the Arizona Department of Economic Security.

20. "Dependent" child means a person less than age 18, who resides with the applicant and whom the applicant has the legal financial obligation to support.

21. "DES-certified child care provider" means a provider who is certified by the Department of Economic Security under A.R.S. § 46-807 and who provides care in either the child's or the provider's own home.

22. "DHS-certified group home" means a provider who is certified by the Department of Health Services under A.R.S. § 36-897.01.

23. "DHS-licensed child care center" means a provider who is licensed by the Department of Health Services as prescribed in A.R.S. § 36-881.

24. "EITC" means Earned Income Tax Credit and is a federal income tax credit for low-income working individuals and families.

25. "Eligibility criteria" means the requirements an individual or family must meet to receive Child Care Assistance.

26. "Eligible activity" means a specific type of activity that causes an applicant or recipient and any other parent or responsible person in the eligible family to be unavailable to provide care to their children for a portion of a 24-hour day, and that partially determines the amount of Child Care Assistance an eligible family shall receive.

27. "Eligible child" means a child less than 13 years of age.

28. "Eligible family" means a group of persons whose needs, income, and other circumstances are considered as a whole for the purpose of determining eligibility and amount of Child Care Assistance.

29. "Eligible need" means a specific type of need that causes an applicant or recipient, or any other parent or responsible person in the eligible family, to be unavailable or incapable to provide child care to their children for a portion of a 24-hour day, and that partially determines the amount of Child Care Assistance an eligible family shall receive.

30. "E.S.O.L." means English for Speakers of Other Languages.

31. "Existing client" means an individual who is currently receiving Child Care Assistance or who has an open Child Care Assistance case with the Department.

32. "Family size" means the number of individuals considered when determining income eligibility, and includes the applicant, other parent or responsible person, and their dependent children who reside in the same household, subject to R6-5-4914(D).

33. "Federal poverty level" (FPL) means the poverty guidelines issued by the United States Department of Health and Human Services under Section 673(2) of the Omnibus Reconciliation Act of 1981; and reported annually in the Federal Register; which are converted into monthly amounts by the Department; which shall become effective for use in determining eligibility for Child Care Assistance on the first day of the state fiscal year immediately following the publication of the annual amount in the Federal Register.

34. "Foster care" means that the Department or an Arizona Tribe placed a child in the custody of a licensed foster parent.

35. "Foster parent" means any person licensed by the Department or an Arizona Tribe to provide for the out of home care, custody, and control of a child.

36. "Gap in employment" means a period of 30 consecutive days of Child Care Assistance that begins the first day after the last day worked and ends the 30th day after the last day worked for an existing client who has lost employment.

37. "G.E.D." means General Equivalency Diploma.

38. "Homebound" means a person who is confined to their home because of physical or mental incapacity.

39. "Homeless shelter" means a public or private nonprofit program that is targeted to assist homeless families and is designed to provide temporary or transitional living accommodations and services to assist such families toward self-sufficiency.

40. "Income" means earned and unearned income combined.

41. "Jobs" means the Department program that assists Cash Assistance participants to prepare for, obtain, and retain employment. "Jobs" Program also includes the Tribal Jobs Program and any other entities that contract with the state to perform this function.

42. "Jobs participant" means a Cash Assistance participant who is participating in the Jobs program as a condition of receiving Cash Assistance.

43. "Local office" means a CCA location that is designated as the location in which Child Care Assistance applications and other documents are filed with the Department and in which eligibility and assistance amounts are determined for a particular geographic area of the state.

44. "Lump sum income" means a single payment of earned or unearned income, such as a retroactive monthly benefit, non-recurring pay adjustment or bonus, inheritance, or personal injury and workers' compensation award.

45. "Mailing date" when used in reference to a document sent first-class, postage prepaid, through the United States mail, means the date:

a. Shown on the postmark;

b. Shown on the postage meter mark of the envelope, if there is no postmark; or

c. Entered on the document as the date of its completion, if there is no legible postmark or postage meter mark.

46. "Minor parent" means a parent less than the age of 18 years.

47. "Negative action" means one of the Department actions described in R6-5-4918, including action to terminate assistance or increase the fee level and copayment for Child Care Assistance.

48. "Noncertified relative provider" means a person who is at least 18 years of age, who is by blood, marriage, or adoption the grandparent, great grandparent, sibling not residing in the same household, aunt, great aunt, uncle or great uncle of the eligible child, who provides child care services to an eligible child, and meets the Department's requirements to be a noncertified relative provider.

49. "Notice date" means the date that appears as the official date of issuance on a document or official written notice the Department sends or gives to an applicant or recipient.

50. "OSI" or "Office of Special Investigations" means the Department office to which CCA refers cases for investigation of certain eligibility information, investigation and preparation of fraud charges, coordination and cooperation with law enforcement agencies and other similar functions.

51. "Other related child" means a child who is related to the applicant or recipient by blood, marriage, or adoption, and who is not the applicant's or recipient's natural, step, or adoptive child.

52. "Overpayment" means a Child Care Assistance payment received by a child care provider or for an eligible family that exceeds the amount to which the provider or family was lawfully entitled.

53. "Parent" means the biological mother or father whose name appears on the birth certificate, the person legally acknowledged as a mother or father, a father who has had an adjudication of paternity, or the adoptive mother or father of the child.

54. "Positive action" means the approval, increase, or resumption of service such as increasing the amount of assistance or decreasing the fee level and copayment.

55. "Recipient" means a person who is a member of an eligible family receiving Child Care Assistance.

56. "Relative" means a person who is by blood, adoption, or marriage a parent, grandparent, great-grandparent, sibling of the whole or half blood, stepbrother, stepsister, aunt, uncle, great-aunt, great-uncle, or first cousin.

57. "Request for Hearing" means a clear written expression by an applicant or recipient, or such person's representative, indicating a desire to appeal a Department decision to a higher authority.

58. "Responsible person" means one or more persons, residing in the same household, who have the legal responsibility to financially support:

a. One or more of the children for whom Child Care Assistance is being requested, or

b. The applicant or recipient of Child Care Assistance.

59. "Review" means the Department's review of all factors affecting an eligible family's eligibility and assistance amount.

60. "Self-Sufficiency Declaration" means a written statement signed and dated by the child care recipient that lists the specific actions the recipient has taken during the most recent six or 12-month period to maintain or increase self-sufficiency.

61. "Tax Claimant" means a relative more than age 17 who resides with a parent who has applied for or is receiving Child Care Assistance, and who states their intention to claim any member of the eligible family as a tax dependent on a federal or state income tax return for the current calendar year, to be filed in the following calendar year.

62. "Tax Dependent" means a member of an eligible family applying for or receiving Child Care Assistance who is included in family size, and who the tax claimant states an intention to claim as a dependent on a federal or state income tax return for the current calendar year, to be filed in the following calendar year.

63. "Time Limit" means that each child in the eligible family may receive no more than 60 cumulative months of Child Care Assistance in a lifetime, unless the parent, caretaker relative, or legal guardian of the child needing care can prove they are making efforts to improve skills and move toward self-sufficiency, under A.R.S. § 46-803(K)(1).

64. "Unit" means a part or full day measurement of Child Care Assistance authorized by the Department to meet the needs of an eligible family based on the participation of parents, caretaker relatives, or legal guardians of the children needing care in an eligible activity.

65. "Waiting List" means the prioritization of applicants by the Department to manage resources within available funding by placing applicants determined eligible for Child Care Assistance on a list, until the Department determines that sufficient funds are available to fund Child Care Assistance for families on the list.

66. "Work" means the performance of duties on a regular basis for wages or salary.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted and repealed 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.
Ariz. Admin. Code § R6-5-4902 [REPEALED]

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section automatically repealed July 31, 1998 (Supp. 98-3).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4903 [REPEALED]

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section repealed by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4904 Access to Child Care Assistance

A. Application for Child Care Assistance.

1. Any person may apply for Child Care Assistance by filing, either in person or by mail, a Department-approved application form with any CCA office.

2. The application file date is the date any CCA office receives an identifiable application. An identifiable application contains, at a minimum, the following information:

a. The legible name and address of the person requesting assistance; and

b. The signature, under penalty of perjury, of the applicant or, if the applicant is incompetent or incapacitated, someone legally authorized to act on behalf of the applicant.

3. In addition to the identifiable information described in subsection (A)(2), a completed application shall contain:

a. The names of all persons living with the applicant and the relationship of those persons to the applicant, and

b. All other eligibility information requested on the application form.

B. Request for Child Care Assistance.

1. Cash Assistance participants who need Child Care Assistance for employment activities are not required to complete an application.

2. Child Care Assistance for Cash Assistance participants may begin effective the start date of the eligible activity but not earlier than the date that the participant requests Child Care Assistance from a local CCA office after the Department has verified eligibility criteria.

C. Referral for Child Care Assistance.

1. Jobs Participants. Cash Assistance participants in Jobs-approved work participation activities who request child care shall be referred by the Jobs Program for Child Care Assistance.

2. Child Protective Services Families (CPS). CPS shall refer families that CPS deems eligible for Child Care Assistance on a case-by-case basis.

3. CPS and DDD Foster Families - CPS or DDD shall determine eligibility for and refer children in the care, custody, and control of DES who need child care services as documented in a foster care case plan.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4905 Initial Eligibility Interview

A. Upon receipt of an identifiable application, the Department shall schedule an initial eligibility interview for the applicant. Upon request, the Department shall conduct the interview at the residence of a person who is homebound.

B. The applicant shall attend the interview. A person of the applicant's choosing may also attend the interview.

C. The Department may conduct a telephone interview if the applicant has previously verified citizenship or legal residency status as prescribed in R6-5-4911(E).

D. During the interview, a Department representative shall:

1. Assist the applicant in completing the application form;

2. Witness the signature of the applicant;

3. Discuss information pertinent to the applicant's child care needs;

4. Provide the applicant with written information explaining:

a. The terms, conditions, and obligations of the Child Care Assistance program;

b. Any additional verification information as prescribed in R6-5-4906 which the applicant must provide for the Department to conclude the eligibility evaluation;

c. The Department practice of exchanging eligibility and income information among Department programs;

d. The coverage and scope of the Child Care Assistance program;

e. The applicant's rights, including the right to appeal a negative action; and

f. The requirement to report all changes within two work days from the date the change becomes known;

5. Review the penalties for perjury and fraud, as printed on the application;

6. Explain to the applicant who is included in family size for the purpose of determining income eligibility, and whose availability is considered in determining the amount of Child Care Assistance authorized for each child needing care as prescribed in R6-5-4914(D);

7. If the applicant is the parent of the children needing care, explain the tax claimant provision under R6-5-4914(D)(3);

8. Provide the applicant with the tax claimant declaration form if there is a potential tax claimant in the household;

Provide the following information to assist the family in continuing to move toward self-sufficiency:

a. Availability of the Earned Income Tax Credit (EITC). Provide the applicant with the current U.S. Department of Internal Revenue Service (IRS) EITC information if the applicant comes into the office for the initial interview;

b. Availability of child support services through the Division of Child Support Enforcement (DCSE) to assist with paternity establishment, establishment of a child support order, or enforcement of an existing child support order. Provide the applicant with written information regarding child support services if the applicant comes into the office for the initial interview; and

c. Availability of Department-sponsored or contracted employment services that may assist the applicant and spouse or other parent in finding a job, or pursuing a better job or career. Provide the applicant with written information regarding employment services if the applicant comes into the office for the initial interview;

10. Explain to the applicant the 60-month per child time limit for Child Care Assistance:

a. Describe the child care programs to which the 60-month time limit applies;

b. Describe how child care utilization is measured per child to calculate the 60-month limit; and

c. Explain the criteria for extensions of the time limit based on continued efforts to improve job skills and move toward self-sufficiency;

11. Discuss the six-child limit for Child Care Assistance:

a. Explain that no more than six children in a family may receive Child Care Assistance at any point in time; and

b. Explain the child care programs to which the six-child limit applies;

12. Discuss the waiting list for Child Care Assistance:

a. Describe the programs to which it applies;

b. Explain prioritization for assistance based upon income for families on the waiting list;

c. Indicate whether the waiting list is currently in effect; and

d. Explain that, based on funding availability, the Department may implement a waiting list at any point in time;

13. Review any verification information already provided;

14. Explain the applicant's duties to:

a. Notify the Department regarding initial provider selection or changes in provider in advance of using services or changing providers;

b. Pay DES required copayments to the child care provider as assigned by the Department; and

c. Pay any additional charges to the provider for the cost of care in excess of the amount paid by the Department; and

Review all ongoing reporting requirements, and explain that the applicant may incur overpayments for failure to make timely reports.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4907 Withdrawal of an Application

A. An applicant may withdraw an application at any time prior to its disposition by providing the Department with a written request for withdrawal signed by the applicant.

B. If an applicant makes an oral request to withdraw an application:

1. The Department shall accept the oral request, provide the applicant with a written withdrawal form, and request that the applicant complete the form and return it to the Department. The Department shall inform the applicant of the consequences of not returning the withdrawal form within 10 days of the notice date.

2. If the applicant fails to return the completed withdrawal form, the Department shall deny the application for failure to provide information unless the applicant rescinds the oral withdrawal request within 10 days of the date the Department provides the applicant a withdrawal form.

C. A withdrawal is effective as of the application file date unless the applicant specifies a different date on the withdrawal form.

D. An application that has been withdrawn shall not be reinstated; an applicant who has withdrawn an application shall reapply anew.

History

  • Adopted 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 adopted 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.
Ariz. Admin. Code § R6-5-4908 Child Care Assistance Approvals and Denials

A. The Department shall complete the eligibility determination within 30 calendar days of the application file date or referral receipt date, unless:

1. The application or referral is withdrawn,

2. The application or referral is rendered moot because the applicant has died or cannot be located, or

3. There is a delay resulting from a Department request for additional verification information as provided in R6-5-4906(D).

B. The Department shall deny Child Care Assistance when the applicant fails to:

1. Complete the application and an eligibility interview, as described in R6-5-4905;

2. Submit all required verification information within 10 days of the notice date of a written request for verification, or within 30 days of the application file date whichever is later; or

3. Cooperate during the eligibility determination process as required by R6-5-4911(A).

C. When an applicant satisfies all eligibility criteria, the Department shall determine the service authorization amount, the fee level and copayment amount (if applicable), approve Child Care Assistance, and send the applicant an approval notice. The approval notice shall include the amount of assistance, fee level and copayment information, and an explanation of the applicant's appeal rights.

History

  • Adopted 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 adopted 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.
Ariz. Admin. Code § R6-5-4909 12-month Review

A. The Department shall complete a review of all eligibility factors for each client at least once every 12 months, beginning with the 12th month following the first month of Child Care Assistance eligibility.

B. The Department may elect to review eligibility factors more frequently than every 12 months.

C. At least 30 days prior to the 12-month review date, the Department shall mail the client a notice advising of the need for a review, and the requirement to submit a completed review application and verification of income and other eligibility factors for the most recent calendar month.

D. In response to such notice, the client shall mail or deliver to the Department a completed review application and verification by the date on the notice.

E. The Department shall verify the client's income and any eligibility factors that have changed or are subject to change.

F. The Department shall terminate Child Care Assistance effective the review date and deny the review application if the client:

1. Fails to submit the review application by the review date, or

2. Fails to submit requested verification by the review date as required by the Department for a redetermination of eligibility.

G. If the client submits the review application and required verification within 30 days after the review date, the Department shall not require the client to appear for an intake interview and shall approve Child Care Assistance effective the date that the application and verification were received if other eligibility criteria are met.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4910 Reinstatement of Assistance

A. If the Department has terminated Child Care Assistance, the Department shall not reinstate assistance unless the client files a new application.

B. Notwithstanding subsection (A), the Department shall reinstate assistance within 10 calendar days when:

1. Termination was due to Department error; the Department shall reinstate assistance effective the date following the date of termination;

2. The Department receives a court order or administrative hearing decision mandating reinstatement; the Department shall reinstate assistance effective the date prescribed by the court order or hearing decision; or

3. The recipient files a request for a fair hearing within 10 days of the notice date of the termination notice and requests that assistance be continued pending the outcome of an appeal; the Department shall reinstate assistance effective the date following the date of termination.

History

  • Adopted 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 adopted 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.
Ariz. Admin. Code § R6-5-4911 General Eligibility Criteria

A. Applicant and Recipient Responsibility.

1. An applicant for or recipient of Child Care Assistance shall cooperate with the Department as a condition of initial and continuing eligibility. The client shall:

a. Give the Department complete and truthful information;

b. Within two business days from the date the change becomes known, inform the Department of all changes in:

i. Income;

ii. Eligible activities as described in R6-5-4912;

iii. Work or school schedules;

iv. Persons moving in or out of the household;

v. Tax claimants moving in or out of the household;

vi. Other circumstances affecting eligibility or the amount of assistance authorized; and

c. Comply with all the Department's procedural requirements.

2. The Department may deny an application for or reduce or terminate assistance, if the client fails or refuses to cooperate with the Department to determine eligibility.

B. Eligible Applicants.

1. In order to be considered an eligible applicant for Child Care Assistance, a client shall reside with the child needing care and shall be:

a. The parent of the child for whom assistance is being requested; or

b. The caretaker relative related by blood, adoption, or marriage to the child for whom assistance is requested, including a brother, sister, aunt, uncle, first cousin, grandmother, grandfather, and persons of preceding generations as denoted by "grand," "great," or "great-great."

c. A court-appointed legal guardian for the child for whom assistance is requested, or a person who can provide documentation from the court that the process of legal guardianship has been initiated.

When more than one applicant resides in the home, or the child resides with two different caretakers intermittently, the Department shall determine the eligible applicant for Child Care Assistance as follows:

a. If both the parent and a caretaker relative are in the home, the parent is the eligible applicant;

b. If both a legal guardian and the parent are in the home, the legal guardian is the eligible applicant;

c. If a caretaker relative whose legal guardianship has been terminated and the parent are both in the home, the parent is the eligible applicant;

d. When the child resides with a caretaker relative or legal guardian who is acting as caretaker at least 51 percent of the time, and the parent either maintains a separate residence and visits the child intermittently, or resides outside of the child's home for an indefinite period of time, the caretaker relative or legal guardian of the child is the eligible applicant for the child.

i. An eligible applicant cannot be the noncertified relative provider or certified provider of the child for whom he or she is applying for assistance.

ii. The Department shall not consider the tax claimant status of the caretaker relative or legal guardian under R6-5-4914(D) with respect to any member of the eligible family.

e. When the child resides with two or more caretaker relatives, the caretaker relative who will be claiming the child as a dependent for income tax purposes is the eligible applicant for Child Care Assistance.

3. Acceptable verification of guardianship shall include the following court documents:

a. Petition for Temporary Appointment of Guardian (date stamped as received by the court);

b. Petition for Permanent Appointment of Guardian (date stamped as received by the court);

c. Order of Appointment of a Temporary Guardian;

d. Order of Appointment of a Permanent Guardian;

e. Letters and Acceptance of Permanent Guardianship.

4. If the client has not been appointed as a guardian when the Department authorizes Child Care Assistance, the client shall to continue the legal process for appointment in order to retain eligibility for Child Care Assistance.

5. The client shall verify relationship or guardianship status as requested by the Department.

C. Arizona Residency. The client and the child for whom assistance is requested shall be Arizona residents and shall be physically present within Arizona.

D. Age of the Child. An eligible child is birth through 12 years of age only; a child aged 13 or older is ineligible for Child Care Assistance.

E. Citizenship and Legal Residency Requirements.

1. The client shall be a United States citizen or shall be a legal resident of the United States.

2. The client shall verify citizenship or legal residency status as requested by the Department by providing a birth certificate, naturalization documentation, or alien or immigration registration documentation from the U.S. Immigration and Naturalization Service (INS).

F. Eligible Activity or Need.

1. The client, and any other parent or responsible person in the household shall be engaged in an eligible activity, or have an eligible need for Child Care Assistance as prescribed in R6-5-4912 that causes each client, parent, or responsible person to be unavailable to provide care to the child for whom assistance is requested.

2. The Department does not require a tax claimant to be engaged in an eligible activity, unless the tax claimant is the other parent of a child receiving Child Care Assistance.

G. Availability of the Client, Parent, and Responsible Person.

1. The Department shall consider the availability of the client, and any other parent or responsible person in the household in determining eligibility and the amount of Child Care Assistance authorized for each individual child needing care.

2. The client, parent, and any other responsible person in the household shall be unavailable to provide care to the child for whom assistance is being requested for a portion of a 24-hour day due to an eligible activity or need.

In a family with more than one parent or responsible person, the Department shall authorize Child Care Assistance for the period of time that neither the parent nor the responsible person is available due to an eligible activity or need.

4. The Department shall not consider the availability of a tax claimant in determining eligibility or amount of Child Care Assistance authorized for the client's children, unless the tax claimant is the other parent of a child receiving Child Care Assistance.

H. Provider Selection and Arrangements.

1. The Department shall not authorize Child Care Assistance until the applicant has selected a child care provider. An allowable child care provider for DES Child Care Assistance:

a. Shall be one of the following:

i. A DHS-licensed child care center;

ii. A DHS-certified group home;

iii. A DES-certified family child care home;

iv. A DES-certified in home care provider;

v. A DES-noncertified relative provider;

vi. A regulated provider meeting requirements established by military installations or federally recognized Indian Tribes.

b. Shall have a registration agreement with the Department.

2. The Department shall not authorize Child Care Assistance with a noncertified relative provider when Child Care Assistance is requested for a CPS referred family, or a CPS or DDD foster family;

3. The Department shall not authorize Child Care Assistance with a noncertified relative or certified provider when:

a. The relative or certified provider is the natural, step, or adoptive parent of the child for whom assistance is requested;

b. Child Care Assistance is requested by a Cash Assistance participant and the relative or certified provider is included in the same Cash Assistance grant as the child care applicant; or

c. The relative or certified provider is included in family size as prescribed in R6-5-4914(D), is the applicant for Child Care Assistance, or is the applicant's spouse.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4912 Eligible Activity or Need

A. Eligible activities and needs for Child Care Assistance are described in this subsection:

1. Employment. Full or part-time employment for monetary compensation;

2. Self Employment. Full or part time self employment for monetary compensation.

3. Education and Training Activities with Minimum Work Requirement. A client who is employed shall be eligible to receive Child Care Assistance for education and training activities as prescribed in subsections (A)(3)(a), (b), and (c).

a. Post-secondary education in a college or trade school.

i. The client is employed an average of at least 20 hours per week, per calendar month.

ii. A self-employed client meets the 20-hour work requirement if the client's monthly net profit, divided by the current minimum wage standard, equates to the average 20-hour weekly work requirement.

iii. The education or training activity is related to the client's employment goal.

iv. The client's educational level is freshman or sophomore as defined by the educational institution, or the educational activities are in pursuit of an Associate Degree, or the client is in training at a vocational or trade school.

v. The client shall maintain satisfactory progress in the educational activity and remain in good standing, as defined by the educational institution.

vi. The client has not received more than the lifetime limit of 24 months of Child Care Assistance for education and training activities. Child Care Assistance authorized for educational activities before August 1, 1997, does not count toward the 24-month limit.

vii. Countable months toward the 24-month limit are those calendar months in which the Department authorized additional child care services for education and training needs; the Department shall not calculate the 24-month limit based on monthly usage.

viii. The client assumes full responsibility for employment goals and educational choices made; the Department is under no obligation to provide Child Care Assistance until educational or employment goals are attained.

ix. The Department shall authorize Child Care Assistance for actual class time, time between classes as determined by the Department, and travel time to and from school only.

x. Correspondence courses, home study courses, and study time are not eligible educational activities for Child Care Assistance.

b. High School, G.E.D., E.S.O.L., and Remedial Educational Activities for Adults age 20 and Older.

i. The client is employed an average of at least 20 hours per week, per month.

ii. A self-employed client meets the 20-hour work requirement if the person's monthly net profit, divided by the current minimum wage standard, equates to the average 20-hour weekly work requirement.

iii. The educational or training activity is related to the client's employment goal.

iv. The client shall maintain satisfactory progress in the educational activity and remain in good standing, as defined by the educational institution.

v. The client has not received more than the lifetime limit of 12 months of Child Care Assistance for education and training activities described in this Section. Child Care Assistance authorized for educational activities before August 1, 1997, does not count toward the 12-month limit.

vi. Countable months toward the 12-month limit are those calendar months in which the Department authorized additional child care services for education and training needs. The Department shall not calculate the 12-month limit based on monthly usage.

vii. The client assumes full responsibility for employment goals and educational choices made; the Department is under no obligation to provide Child Care Assistance until educational and employment goals are attained.

viii. Allowable educational activities are: attendance at high school, G.E.D. or E.S.O.L. classes, or remedial educational activities as determined allowable by the Department.

ix. The Department shall authorize Child Care Assistance for actual class time, time between classes as determined by the Department, and travel time to and from school only.

x. Correspondence courses, home study courses, and study time are not allowable educational activities for DES Child Care Assistance.

c. Cash Assistance participants who are sanctioned due to Jobs noncompliance are ineligible for Child Care Assistance for education and training activities in any month when a Jobs sanction is applied to the Cash Assistance case, unless the education and training activities are Jobs approved.

4. Teen Parents in Education and Training Activities. Teen parents are eligible for Child Care Assistance for education and training activities according to the following criteria:

a. The teen parent is under age 20.

b. The teen parent is attending high school, G.E.D., or E.S.O.L. classes, or remedial educational activities in pursuit of a high school diploma.

c. Child Care Assistance for teen parents for the educational activities described in this Section is not time-limited. The teen parent shall continue to receive assistance for the educational activity if eligibility criteria are met and until the teen parent:

i. Receives a diploma or certificate; or

ii. Attains the age of 20 years, whichever occurs first.

d. If the teen parent attends post-secondary educational activities, the eligibility criteria outlined under "Post- Secondary Education" in subsection (A)(3)(a) shall apply.

e. The Department shall authorize Child Care Assistance for actual class time, time between classes as determined by the Department, and travel time to and from school only.

f. Correspondence courses, home study courses, and study time are not allowable educational activities for Child Care Assistance.

g. Cash Assistance participants who have been sanctioned due to Jobs noncompliance are ineligible for Child Care Assistance for education and training activities in any month that a Jobs noncompliance sanction is applied to the Cash Assistance case, unless the education and training activities are Jobs approved.

5. Participation in Jobs Approved Activities. Individuals participating in the Jobs Program and who receive Cash Assistance shall be eligible for Child Care Assistance if the following criteria are met.

a. The individual is referred by a Jobs Program Specialist to CCA for Child Care Assistance.

b. The individual is required to contact a local DES Child Care Office to notify CCA of the selection of a provider, and to cooperate with CCA to arrange child care services.

c. The Child Care service authorization shall be based on the days and hours of the approved Jobs activity as specified by the Jobs Program Specialist in the Jobs referral.

d. Jobs participants shall receive Child Care Assistance for Jobs approved educational and training activities only. Educational and training activities that are not Jobs approved are not eligible activities for Child Care Assistance for Jobs participants.

6. Unable or Unavailable to Provide Care. Clients who are unable or unavailable to care for their own children for a portion of a 24-hour day are eligible for Child Care Assistance according to the following criteria.

a. Clients who are unable to care for their own children due to a physical, mental, or emotional disability are eligible for Child Care Assistance when the diagnosis, inability to care for the children, and anticipated recovery date (or the date of the next medical evaluation) have been verified by a licensed physician, certified psychologist, or certified behavioral health specialist.

b. The Department shall authorize Child Care Assistance to cover:

i. The amount of time the client is unable to care for the child; and

ii. The amount of time needed for ongoing treatment for the specified condition as verified by the physician, certified psychologist, or certified behavioral health specialist.

c. Child Care Assistance shall not cover intermittent and routine appointments that are not part of an ongoing treatment plan.

d. Clients participating in a drug rehabilitation program are eligible for Child Care Assistance to participate in activities as specified by the drug rehabilitation program.

e. Clients participating in a court-ordered community service program are eligible for Child Care Assistance to support required community service participation as specified by the court.

f. Clients who are residents of a homeless or domestic violence shelter are eligible for Child Care Assistance based on shelter residency, and on verification provided by an authorized representative at the shelter. Child Care Assistance shall cover:

i. The days and hours that the client is unavailable to provide care to their own child due to participation in shelter-directed activities as verified by an authorized representative of the shelter; and

ii. The days and hours that the client is unable to provide care to the client's own child due to a physical, mental, or emotional disability as verified by a licensed physician, certified psychologist, or a certified behavioral health specialist.

B. Gaps In Employment. Clients receiving Child Care Assistance are eligible for continued assistance during gaps in employment.

1. The Department shall continue Child Care Assistance for each parent, legal guardian, or relative caretaker in the eligible family during no more than two gaps in employment of 30 days in each 12-month period.

2. The Department shall authorize Child Care Assistance during a 30-day gap in employment beginning the day after the last day worked, after the client provides verification of his or her job termination date.

3. Gaps in employment may be consecutive (if requested).

a. The Department shall continue Child Care Assistance for an additional 30 days upon request of the client, if the client has not already used Child Care Assistance during two gaps in employment in the most recent 12-month period immediately preceding the job termination date.

b. The second gap in employment shall begin the day after the last day of the first gap in employment.

4. The Department shall continue to authorize the same number of units of Child Care Assistance as previously authorized for the employment activity.

5. The Department shall decrease the client's fee level and copayment under Appendix A, based on the loss of earned income effective the date that terminated employment has been verified, or the day after the last day worked, whichever is the later date.

6. The Department shall end Child Care Assistance during a gap in employment on the 30th day after the client's last day worked, or on the 60th day after the client's last day worked if two consecutive gaps were authorized, unless the client can verify participation in a new eligible activity.

7. When a client fails to report job loss timely as described under R6-5-4911(A)(1), and continues to use Child Care Assistance, the Department shall automatically reduce the overpayment period by subtracting any unused gaps in employment in lieu of the corresponding months of overpayment.

8. Child care utilized during a gap in employment shall count toward the 60 month per child time limit for Child Care Assistance under R6-5-4919.

9. CPS Referred Families and CPS and DDD Foster Families.

a. Child Care Assistance shall be provided to families requiring assistance as documented in a CPS case plan, or to children who are in the care, custody, and control of the Department, and who need Child Care Assistance as documented in a foster care case plan.

b. Eligibility for Child Care Assistance under this provision shall be determined by CPS and DDD on a case by case basis.

C. Verification of Eligible Activity or Need. The client shall verify eligible activities and needs as requested by the Department. Acceptable verification shall include:

1. Pay stubs for the most recent 30-day period;

2. Employer's statement verifying start date, hourly rate of pay, work schedule, and frequency of pay including;

a. The date of receipt of the first full paycheck if the client is newly employed; and

b. The last day worked, if the client's employment has terminated.

3. Quarterly or annual tax statement for the most recent calendar quarter or year to verify self-employment activities;

4. Self-employment log to document self-employment activities and income accompanied by receipts for gross sales and business expenses for the most recent calendar month or quarter;

5. Written verification from an educational institution to verify days and hours of attendance, start and end dates of the activity, educational level, and satisfactory progress;

6. Written verification from a licensed physician, certified psychologist, or certified behavioral health specialist indicating the diagnosis, inability to care for the child, days and hours that child care is needed, and the anticipated recovery date;

7. Written verification from a homeless or domestic violence shelter indicating the days, hours, and duration that child care is needed as prescribed in subsection (A)(6)(f).

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4913 Applicants and Recipients As Child Care Providers

A. The client for Child Care Assistance may also be the child care provider for any child for whom assistance is requested when:

1. The client works for but is not the DES contracted party for the provision of Child Care Assistance;

2. The client receives monetary compensation for work performed as a child care provider;

3. The client cares for other unrelated children, for whom client does not receive Child Care Assistance, as well as for the child for whom the client has applied for Child Care Assistance; and

4. The client is unavailable to provide care to the child for whom assistance is requested. When the client is also the child care provider, this is defined as:

a. There is no "not for compensation" slot available for the child; and

b. Caring for the child as well as for the other children for whom the child care provider receives compensation, would exceed the ratio per state certification or licensing standards pursuant to A.R.S. § 36-897.01 and 6 A.A.C. 5, Article 52.

B. If there is no "not for compensation" slot available for the child, and other eligibility criteria described in this Article are met, the client for Child Care Assistance may also be the child care provider for the child for whom assistance is requested.

History

  • Adopted 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 adopted 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.
Ariz. Admin. Code § R6-5-4914 Income Eligibility Criteria

A. Child Care Assistance Without Regard to Income. The Department shall not determine income eligibility for Child Care Assistance for the following:

1. Jobs participants who need Child Care Assistance to participate in the Jobs Program, and who are referred to CCA as prescribed in R6-5-4904(B).

2. Cash Assistance participants who need Child Care Assistance to maintain employment.

3. CPS referred families, and CPS or DDD foster families who need Child Care Assistance as documented in a CPS or foster care case plan, and who are referred to CCA as prescribed in R6-5-4904(B).

B. Child Care Assistance With Regard to Income. The Department shall determine income eligibility for Child Care Assistance for the following:

1. Former Cash Assistance participants who need Child Care Assistance to maintain employment as prescribed in R6-5-4916(A).

2. Clients who are not Cash Assistance participants but who need Child Care Assistance to maintain employment.

3. Teen parents who need Child Care Assistance for educational activities as prescribed in R6-5-4912(A)(4).

4. Clients who need Child Care Assistance because they are unable or unavailable to care for their own children due to physical, mental or emotional disability, participation in a drug treatment or court-ordered community service program, or residency in a homeless or domestic violence shelter as prescribed in R6-5-4912(A)(6).

C. Income Maximum for Child Care Assistance. The Department shall determine income eligibility by calculating the gross monthly income of all family members included in family size unless otherwise excluded as prescribed in subsections (D), (E), (F), and (H).

1. If the gross monthly income for the family is equal to or less than 165% FPL, the family meets the income eligibility requirements for Child Care Assistance.

2. If the gross monthly income for the family exceeds 165% FPL, the family does not meet the income eligibility requirements for Child Care Assistance.

D. Family Size Determination. The Department shall include the countable income of every person included in family size for the purpose of determining income eligibility as prescribed in this subsection.

1. Family size shall consist of:

a. The applicant for Child Care Assistance;

b. The applicant's natural, adoptive, and step children;

c. Any other parent or responsible person living in the household who is legally and financially responsible for either the applicant, or for the children needing care;

d. The children of the other parent or responsible person residing in the same household; and

e. The tax claimant under subsection R6-5-4914(D)(3).

2. When a parent applies for Child Care Assistance for a natural, adoptive, or step child, the Department shall:

a. If the applicant and other adult in the household are married, or have children in common who need child care, make one family size determination for the family.

b. Count the income of both parents.

3. When a tax claimant resides in the household with a parent who is applying for or receiving Child Care Assistance, the Department shall include the tax claimant in family size if:

a. The tax claimant states an intention to claim any of the following members of the eligible family residing in the same household as a dependent on the tax claimant's federal or state income tax return for the current calendar year:

i. The parent who is the applicant;

ii. The parent's natural, adoptive, or step children less than 18 years of age;

iii. The parent's spouse;

iv. The other parent of the children for whom assistance is requested, or who are receiving Child Care Assistance; or

v. The dependent children of the other parent residing in the household, and who are included in family size.

b. The tax claimant signs a declaration stating the intention to claim specific members of the eligible family as tax dependents for the current calendar year.

4. The Department shall include the tax claimant's dependent children under age 18 and spouse residing in the same household in family size.

When the applicant and his or her spouse are legally married and do not reside in the same household, but have the intention of remaining a family, the Department shall include the spouse in family size if the absent spouse is engaged in an eligible activity under R6-5-4912.

6. When a caretaker relative applies for Child Care Assistance for another related child only:

a. Family size shall consist of the other related child or children only; and

b. The Department shall exclude both the caretaker relative and his or her spouse from the family size determination.

7. When the applicant applies for Child Care Assistance for natural, adoptive, or step children, and also for another related child, the Department shall make one family size determination for the family:

a. Family size shall consist of the applicant, the applicant's child, any other related eligible children who need care, and any other parent or responsible person in the household.

b. Any income received by or for an "other related" child less than 13 years of age shall be counted.

c. If there is another relative in the household who states an intention to claim an other related child as a dependent for income tax purposes, this tax claimant must be the applicant for the child. The Department shall determine family size separately for this child under R6-5-4914(D)(6).

8. When an unwed minor parent applies for Child Care Assistance for his or her own child, and resides with his or her parents:

a. The Department shall include the following in family size, unless the minor parent or the minor parent's children are tax dependents as described under subsection (d) below:

i. The minor parent; and

ii. The minor parent's child.

b. The Department shall not include the parents and siblings of the unwed minor parent in family size.

c. The Department shall deem a portion of the monthly gross countable income received by the parent of the minor parent to be available to meet the needs of the unwed minor parent and his or her children as described in this subsection, unless the parent of the minor parent is a tax claimant, under subsection (d) below.

i. The Department shall calculate the monthly gross countable income of the parents of the unwed minor parent;

ii. The Department shall subtract the amount of monthly gross countable income that equates to 165% FPL as specified in Appendix A, for the number of parents and siblings of the unwed minor parent residing in the same household only; and

iii. The Department shall count the remaining monthly gross countable income received by the parents of the unwed minor parent as available to meet the needs of the unwed minor parent and his or her children in the income eligibility determination.

d. If a parent of the minor parent is a tax claimant who intends to claim the minor parent or the minor parent's child as a tax dependent, the Department shall determine family size as follows:

i. The Department shall include the tax claimant, the tax claimant's spouse, and the tax claimant's dependent children residing in the same household in family size with the minor parent, and his or her child; and

ii. The Department shall count all countable income received by the tax claimant and the tax claimant's spouse in the income eligibility determination.

9. When a married, separated, widowed, or divorced minor parent applies for Child Care Assistance for his or her own children:

a. The Department shall include the minor parent and his or her own dependent children in family size;

b. The Department shall include monthly gross countable income received by the minor parent and the other parent or responsible person residing in the home in the income eligibility determination;

c. The Department shall not consider income received by the parent of the minor parent in the income eligibility determination, unless the parent of the minor parent is a tax claimant, under subsection (8)(d); and

d. The Department shall not include parents and siblings of the minor parent in family size, unless the parent of the minor parent is a tax claimant, under subsection (8)(d).

10. If a tax claimant included in family size is also a parent who needs Child Care Assistance for his or her own child, the tax claimant shall submit a separate application.

a. The Department shall make a separate eligibility and family size determination for the tax claimant's dependent children less than age 18.

b. The Department shall include the parent, spouse or other parent or responsible person, and their dependent children in family size.

11. When a guardian applies for Child Care Assistance for a child in guardianship only, the Department shall:

a. Make one family-size determination for the child in guardianship.

b. Include all children in guardianship in family size.

c. Exclude the guardian and the guardian's spouse from family size.

d. Count the income received by or for the children in guardianship.

e. If the parent of the child needing care is also in the household, the Department shall not include the parent in family size; and shall not count his or her income.

12. When the applicant applies for Child Care Assistance for natural, step, or adoptive children in addition to the children in guardianship, the Department shall:

a. Make one family-size determination.

b. Include in family size the applicant, the applicant's children, the children in guardianship less than 13 years of age who need care, and any other parent or responsible person in the household.

c. Count the applicant's and other parent's or responsible person's income.

d. Count the income received by or for the children in guardianship less than 13 years of age.

13. When a foster parent applies for Child Care Assistance for his or her own children:

a. The Department shall include the applicant, other parent or responsible person, and their children in family size; and

b. The Department shall not include the foster child in family size unless the foster child is a relative.

E. Verification of Tax Claimant Status

1. The Department shall verify tax claimant status as described in R6-5-4914(D) by requiring:

a. The client to submit a signed and dated declaration stating that no relative 18 years of age or older residing in the same household intends to claim any member of the eligible family as a tax dependent for the current calendar year; or,

b. The client and the relative 18 years of age or older residing in the same household who intends to claim a member of the eligible family as a tax dependent for the current calendar year to:

i. Submit a signed and dated declaration stating that fact; and,

ii. State the name of the family member whom the relative intends to claim as a tax dependent.

The Department shall include the tax claimant, his or her spouse, and dependent children in family size upon receipt of the signed declaration.

3. If the tax claimant no longer intends to claim a member of the eligible family as a tax dependent, the client must sign and date a new declaration.

a. The new declaration shall specify that the tax claimant no longer intends to claim a member of the eligible family as a tax dependent.

b. The Department shall remove the tax claimant, tax claimant's spouse, and his or her dependent children from family size after receipt of the signed declaration.

F. Countable Income. The Department shall count the gross monthly income of a family as prescribed in subsection (D); countable income shall include:

1. Gross earnings received for work including wages, salary, armed forces pay (with the exception of specifically designated allotments for food and shelter costs), commissions, tips, overtime, piece-rate payments, and cash bonuses earned, before any deductions.

2. Net income from non-farm self employment including gross receipts minus business expenses. Gross receipts include the value of all goods sold and services rendered. Business expenses include costs of goods and services purchased or produced, rent, heat, light, power, depreciation charges, wages, and salaries paid, business taxes, and other expenses incurred in operating the business. The value of salable merchandise consumed by the proprietors of retail stores is not included as part of net income. Payments on loans or mortgages obtained to increase capital investments in property or equipment are not allowed as deductible expenses.

3. Net income from farm self employment which includes gross receipts minus operating expenses. Gross receipts include the value of all products sold, government crop loans, money received from the rental of farm equipment to others, and incidental receipts from the sale of wood, sand, gravel, and similar items. Operating expenses include costs of feed, fertilizer, seed, and other farming supplies, wages paid to farmhands, depreciation charges, cash rent, interest on farm mortgages, farm building repairs, farm taxes, and other expenses incurred in operation of the farm. The value of fuel, food, or other farm products used for family living is not included as part of net income. Payments on loans or mortgages obtained to increase capital investments in property or equipment are not allowed as deductible expenses.

4. Social Security payments prior to deductions for medical insurance including Social Security benefits and "survivors" benefits, and permanent disability insurance payments made by the Social Security Administration.

Railroad retirement insurance income.

6. Dividends including interest on savings, stocks and bonds, income and receipts from estates or trusts, net rental income or royalties, receipts from boarders or lodgers (net income received from furnishing room and board shall be 1/3 of the total amount charged). Interest on Series H. United States Government Savings bonds.

7. Mortgage payments received shall be prorated on a monthly basis.

Public assistance payments including payments from the following programs: Cash Assistance, Supplemental Security Income (SSI), State Supplementary Payments (SSP), General Assistance (GA), Bureau of Indian Affairs General Assistance (BIAGA), and Tuberculosis Control (TC).

9. Pensions and annuities including pensions or retirement benefits paid to a retired person or their survivors by a former employer or by a union, or distributions or withdrawals from an individual retirement account.

Unemployment Insurance payments including compensation received from government unemployment insurance agencies or private companies during periods of unemployment, and any strike benefits received from union funds.

11. Workers' compensation payments.

12. Money received from the Domestic Volunteer Act when the adjusted hourly payment is equal to or greater than minimum wage; Action Volunteer Programs include VISTA, Foster Grandparent Program (FGP), Retired Senior Volunteer Program (RSVP), and Senior Companion Program (SCP).

13. Alimony or spousal maintenance which shall be counted the month received.

14. Child support which shall be counted the month received.

15. Veterans' pensions including benefits and disability payments paid periodically by the Veterans Administration to members of the Armed Forces or to a survivor of deceased veterans.

16. Cash gifts received on a monthly basis from relatives, other individuals, and private organizations, as a direct payment in the form of money.

17. Money received through the lottery, sweepstakes, contests, or through gambling ventures whether received on an annuity or lump sum basis.

18. Any other source of income not specifically excluded in subsection (F).

G. Excluded Income. The Department shall exclude the items listed in this subsection when determining a family's gross monthly income.

1. Per capita payments to or funds held in trust for any individual in satisfaction of a judgment of the Indian Claims Commission or the Court of Claims;

2. Payments made pursuant to the Alaska Native Claims Settlement Act to the extent such payments are exempt from taxation under Section 21(a) of the Act;

3. Money or capital gains received as a lump sum, from the sale of personal or real property, such as stocks, bonds, or a car (unless the person was engaged in the business of selling such property, in which case the net proceeds would be counted as income from self employment);

4. Withdrawals of bank deposits;

5. Loans; money borrowed;

6. Tax refunds;

7. Any monies received through the federal Earned Income Credit (EIC);

8. One time lump sum awards or benefits, including:

a. Inherited funds;

b. Insurance awards;

c. Damages recovered in a civil suit;

d. Monies contributed by a client to a retirement fund that are later withdrawn prior to actual retirement; and

e. Retroactive public assistance payments;

9. The value of U.S. Department of Agriculture (USDA) Food Stamps;

The value of USDA-donated food;

The value of any supplemental food assistance received under the Child Nutrition Act of 1966 and special food service program for children under the National School Lunch Act, the Women, Infant, and Children Program (WIC), Child and Adult Care Food Program (C.A.C.F.P.), and the School Lunch Program;

12. Any payment received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (for example, Navajo/Hopi Relocation Act);

13. Earnings of a child who is under the age of 18 and attending high school or other training program, and who is not a minor parent who needs Child Care Assistance for his or her own child;

14. Home produce used for household consumption;

Government-sponsored training program expenses (TRE payments) such as: training-related expenses paid to JOBS participants and Job Training Partnership Act (JTPA) training expenses paid directly to the client;

16. The value of goods or services received in exchange for work;

17. Interest on Series E, United States Government Savings bonds;

18. Foster care maintenance payments received for care of foster children;

Adoption subsidy payments received for the care of adopted children;

20. Educational loans, grants, awards, and scholarships regardless of their source, including Pell Grants, Supplemental Educational Opportunity Grants (SEOG), Bureau of Indian Affairs (BIA) Student Assistance Grants, college work-study income, Carl D. Perkins Vocational and Applied Technology Education Act income, and any other state or local, public, or private educational loans, grants, awards, and scholarships;

21. Money received from the Domestic Volunteer Act when the adjusted hourly payment is less than minimum wage; Action Volunteer Programs include VISTA, Foster Grandparent Program (FGP), Retired Senior Volunteer Program (RSVP), and Senior Companion Program (SCP);

22. Housing and Urban Development (HUD) benefits, cash allowances and credits against rent;

23. Vendor payments including payments made directly to a third party by friends, relatives, charities, or agencies to pay bills for the client;

Vocational Rehabilitation training-related expenses (TRE) which are reimbursements for expenses paid. Subsistence and maintenance allowances, and incentive payments not designated as wages;

25. Disaster relief funds and emergency assistance provided under the Federal Disaster Relief Act, and comparable assistance provided by a state or local government, or disaster assistance organization;

26. Energy assistance including all state or federal benefits designated as "energy assistance" or assistance from a municipal utility or non-profit agency;

27. Agent Orange payments;

28. Any other income specifically excluded by applicable state or federal law.

H. Income Deduction. Child support that is paid for dependents who do not reside in the same household with the eligible family shall be deducted from the monthly gross countable income prior to income calculation and fee level and copayment assignment as prescribed in subsection (I) and R6-5-4915.

I. Income Calculation. The Department shall calculate monthly income as prescribed in this subsection.

1. The Department shall include all income of all family members included in the family-size determination, other than income excluded as prescribed in R6-5-4914(F) in the determination of income eligibility.

2. The Department shall calculate a monthly figure for each source of income separately with the appropriate method used for calculation.

3. After calculating monthly income for each source of income, the Department shall add the monthly amounts from each source to obtain the total monthly income.

4. The Department shall convert income received less often than monthly to a monthly figure as provided in this subsection.

a. The Department shall prorate the total income over the number of months that the income is intended to cover.

b. If the income is received on or after the date of application, a monthly share of income shall be considered beginning with its earliest possible effective date and for a number of months equal to the number of months which the income covers.

c. If the family receives the income prior to the date of application, the number of months that the income is intended to cover shall be equal to the number of months of coverage remaining.

5. The Department shall anticipate income for a current or future month based on the averaged income received in the most recent 30-day period, unless the Department receives new information that indicates that the income has changed, as verified under subsection (J).

a. If the income received by the household has increased due to receipt of a new source of income, an increased work schedule, or a raise in salary or wages, the Department shall calculate the gross monthly countable income for the household based on the amount of income anticipated to be received on a monthly basis. The Department shall begin counting the new or increased income as described under subsection (6).

b. If the income received by the household has decreased due to loss of a source of income, a decreased work schedule, or a reduction in salary or wages, the Department shall cease counting the income effective the date that the client provides verification of the loss or reduction in income.

6. When a family receives a new or increased income source that will be received monthly, weekly, bi-weekly, or semi-monthly:

a. The income shall not be considered available to the family until the date that the first full payment is received.

b. The Department shall not assess a new fee level or ineligibility to the client until the monies are available.

c. Once the client has already received the payment that includes the new or increased income source, and a higher fee level or ineligibility results:

i. The Department shall increase the fee level or terminate assistance no earlier than 10 days after the first full paycheck has been received; and

ii. The Department shall send a 10-day negative action notice prior to increasing the fee level or terminating assistance.

7. The Department shall convert income received more often than monthly, for a period covering less than a month, to a monthly amount by one of the methods listed below.

a. If the income amount does not vary and is received monthly, weekly, bi-weekly, or semi-monthly, the conversion to a monthly amount will be obtained by multiplying the pay period amount by:

i. 1, if monthly;

ii. 4.3, if weekly;

iii. 2.15, if bi-weekly; or

iv. 2, if semi-monthly.

b. This amount shall be applied as income on an ongoing monthly basis until there is a change in the income.

c. If the monthly income received varies in amount and frequency, and exact monthly figures are unavailable, the Department shall use an average monthly figure.

8. When the Department calculates the gross monthly income for the family, the whole dollar amount only shall be used to determine income eligibility, and fee level and copayment assignment; any amount that is a fraction of a whole dollar shall be rounded down to the next whole dollar.

J. Verification of Income. The client shall verify income by providing written documentation of income as requested by the Department such as:

1. Pay stubs for the most recent calendar month, or for any month of potential overpayment;

2. Employer's statement verifying work schedule, hourly rate of pay, and frequency of pay;

3. Benefit award statements for the most recent benefit period;

Statements of account to verify interest income;

5. Quarterly or annual tax returns for the most recent quarter or year for self-employment income;

6. Self-employment log accompanied by gross sales receipts and business expense receipts for the most recent calendar month or quarter; and

7. Other written documentation from the source of the income indicating the amount of income received, source of income, frequency received, and naming the payee.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4915 Fee Level and Copayment Assignment

A. The Department shall assign a fee level to the family based on family size and monthly gross countable income, as specified in Appendix A.

B. The Department shall assign individual minimum required copayment amounts for each child in the family based on the fee level assignment, and the number of children needing care, as specified in Appendix A.

C. The Department shall not assign a fee level or minimum required copayment to Jobs participants, Cash Assistance participants who need Child Care Assistance for employment, or families determined eligible and referred by CPS or DDD.

D. When a client fails to pay the DES-required copayment, or fails to make satisfactory arrangements for payment of the DES-required copayment with a child care provider, the client is ineligible for Child Care Assistance.

E. When the Department has determined that an client is ineligible for Child Care Assistance due to nonpayment of the copayment, the client is ineligible for any Child Care Assistance program that requires a copayment until past-due copayments have been paid, or until satisfactory arrangement have been made with the provider for payment.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4916 Special Eligibility Criteria

A. Transitional Child Care

1. Former Cash Assistance participants who are attempting to achieve independence from the Cash Assistance program, who need Child Care Assistance for employment, and who are otherwise eligible shall receive up to 24 months of Transitional Child Care Assistance.

2. The former Cash Assistance participant shall have received Cash Assistance in Arizona in at least one month and shall apply for Child Care Assistance within six months after the Cash Assistance case closure date.

3. The former Cash Assistance participant and any other parent or responsible person in the household shall need Child Care Assistance to maintain employment.

4. The most recent Cash Assistance case closure shall not have been due to a sanction for Jobs or Child Support noncompliance, and the Cash Assistance participant shall not have been sanctioned due to intentional program violation (IPV) at the time of the most recent Cash Assistance case closure.

B. Cash Assistance Diversion Participants.

1. Applicants for Cash Assistance who are diverted from long-term Cash Assistance through the Cash Assistance Diversion program shall be treated as Cash Assistance participants during the three-month period that the Cash Assistance Diversion payment covers.

2. Cash Assistance Diversion participants shall be eligible for Child Care Assistance for employment activities without regard to income as prescribed in R6-5-4914(A) during the three-month Diversion period.

3. Cash Assistance Diversion participants shall be eligible for Child Care Assistance for job search activities during the three-month Diversion period.

4. Cash Assistance Diversion participants shall be eligible for Transitional Child Care after the three-month Diversion period if the income eligibility requirements in R6-5-4914(B) and the TCC requirements in subsection (A) of this provision are met.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4917 Waiting List for Child Care Assistance

A. Implementation of a Waiting List for Child Care Assistance.

1. The Department may implement a waiting list for Child Care Assistance whenever it determines that sufficient funding is not available to sustain benefits for all of the applicants requesting assistance.

a. The Department may implement a waiting list for all applicants under subsection (B); or,

b. The Department may implement a partial waiting list and prioritize access to Child Care Assistance for applicants based on income under subsection (D).

2. When the waiting list is in effect, the Department shall place applicants determined to be eligible for Child Care Assistance on the waiting list under this subsection, and shall not authorize Child Care Assistance until the Department determines that sufficient funding is available.

B. Applicants Who Are Subject To the Waiting List. When the waiting list is in effect, the Department shall place applicants determined to be eligible for Child Care Assistance on the waiting list, including individuals who are reapplying for Child Care Assistance following case closure. The Department shall place the following applicants on the waiting list:

1. Applicants who are not Cash Assistance participants but who need Child Care Assistance to maintain employment under R6-5-4912(A).

2. Teen parents who need Child Care Assistance for educational activities under R6-5-4912(D).

3. Applicants who need Child Care Assistance because they are unable or unavailable to care for their own children due to physical, mental, or emotional disability, participation in a drug treatment or court-ordered community service program, or residency in a homeless or domestic violence shelter under R6-5-4912(F).

C. Applicants Who Are Not Subject To the Waiting List. When the waiting list is in effect, the Department shall not place the following applicants determined eligible for Child Care Assistance on the waiting list, and shall proceed to authorize Child Care Assistance under R6-5-4918 .

1. Jobs participants who need Child Care Assistance to participate in the Jobs Program, and who are referred to CCA under R6-5-4904(B).

2. Cash Assistance participants who need Child Care Assistance to maintain employment under R6-5-4904(B).

3. CPS referred families, and CPS or DDD foster families who need Child Care Assistance as documented in a CPS or foster care case plan, and who are referred to CCA under R6-5-4904(B).

4. Former Cash Assistance participants who need Child Care Assistance to maintain employment under R6-5-4916(A).

D. Prioritization of Applicants for Child Care Assistance When the Waiting List Is In Effect. The Department shall prioritize applicants for authorization of Child Care Assistance when the waiting list is in effect under this subsection.

1. Prioritization Based On Income.

a. Families with gross monthly incomes at or below 100% of the Federal Poverty Level (FPL) receive the highest priority for assistance;

b. The Department shall prioritize the remainder of families applying for Child Care Assistance when the waiting list is in effect in the following order:

i. Families with gross monthly incomes between 101% FPL and 110% FPL;

ii. Families with gross monthly incomes between 111% FPL and 120% FPL;

iii. Families with gross monthly incomes between 121% FPL and 130% FPL;

iv. Families with gross monthly incomes between 131% FPL and 140% FPL;

v. Families with gross monthly incomes between 141% FPL and 150% FPL;

vi. Families with gross monthly incomes between 151% FPL and 160% FPL;

vii. Families with gross monthly incomes between 161% FPL and 165% FPL;

2. Prioritization Based On Application Date. The Department shall place clients determined eligible for Child Care Assistance on the waiting list effective the date that the Department receives an identifiable application, under R6-5-4904(A)(2).

E. Cooperation Requirement for Clients on the Waiting List.

1. Clients shall cooperate with the Department to maintain eligibility while on the waiting list, under R6-5-4911(A).

2. If the family's household income changes, the client shall notify the Department of the change in income within 2 workdays.

3. If someone moves in or out of the household, the client is required to notify the Department within 2 workdays.

4. The Department shall recalculate gross household income and notify the client of any changes in priority status described under subsection (D) based on the change in income or family size.

F. Loss of Employment While On the Waiting List.

1. If the parent or caretaker of the child loses employment while on the waiting list, the family may remain on the waiting list without an eligible activity.

2. When the Department selects the family for release from the waiting list under subsection (H), the Department shall require the parent or caretaker of the child to verify participation in an eligible activity under R6-5-4912 before the Department authorizes the family to receive Child Care Assistance.

G. Determination of Ineligibility While On the Waiting List.

1. If the family becomes ineligible for Child Care Assistance while on the waiting list, or during release from the waiting list under subsection (J), the Department shall remove the client from the waiting list and close the case.

The client shall submit a new application and verify eligibility for Child Care Assistance in order to be added back onto the list effective the new application date.

H. Selection from the Waiting List.

1. The Department shall select clients for release from the waiting list within each level of income priority as described under subsection (D), and in application date order.

2. When the Department notifies the client that he or she is being released from the waiting list, the Department may require the client to verify income, employment, other household circumstances or provider selection prior to being authorized for Child Care Assistance.

I. Clients Determined Eligible Upon Selection for Release from the Waiting List.

1. The Department shall authorize Child Care Assistance effective a date specified by the Department based on the availability of funding, after the client has submitted any requested verification and the Department has determined that the family remains eligible for Child Care Assistance.

2. If the client is eligible for Child Care Assistance, the Department shall authorize Child Care Assistance, and shall notify the client in writing regarding:

a. The start date of Child Care Assistance;

b. The amount of assistance authorized for each child under R6-5-4918; and

c. The assigned fee level and copayment for each child.

J. Clients Determined Ineligible Upon Selection for Release from the Waiting List.

1. If the client is not eligible for Child Care Assistance as described in R6-5-4920, the Department shall notify the client regarding ineligibility under R6-5-4921.

2. The Department shall require the client to submit a new application and verify eligibility for Child Care Assistance in order to be added back onto the list effective the new application date, if a waiting list remains in effect.

K. Clients Selected for Release from the Waiting List in Error.

1. If the Department determines that a client was not eligible for selection from the waiting list, and the waiting list remains in effect, the Department shall proceed as described under this subsection.

If the Department determines that the client is currently at a lower level of priority for assistance under subsection (D)(1) due to a previously unreported change in income or family size, the Department shall not authorize Child Care Assistance.

3. The Department shall reinstate the client on the waiting list effective the existing application date; and,

4. Notify the family in writing of reinstatement to the waiting list and the newly assigned level of priority.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-5-4917 renumbered to R6-5-4918; new R6-5-4917 made by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4918 Authorization of Child Care Assistance

A. Authorization Based on Eligible Activity or Need. The Department shall authorize Child Care Assistance for a portion of each 24-hour day based on the verified eligible activity or need of the parent and responsible person for the child needing care.

B. Authorization Based on Unavailability. The amount of Child Care Assistance authorized by the Department shall be based on the amount of time that the client and any other parent or responsible person in the household are unavailable or incapable to provide care to their own children due to an eligible activity or need as prescribed in R6-5-4911(F) and R6-5-4912 . When there are two or more parents or responsible persons in the household, Child Care Assistance shall be authorized for the amount of time that neither parent or responsible person is available due to an eligible activity or need.

C. Authorization for Self-employment Activities.

1. The Department shall authorize Child Care Assistance for self-employment activities based on monthly net income divided by the current hourly minimum wage standard.

2. Authorization of Child Care Assistance for self-employment activities shall not exceed the lesser of:

a. The maximum number of Child Care Assistance units that can be authorized as prescribed in subsections (B) and (D), or

b. The number of hours calculated by dividing monthly net income from self-employment by the amount of the hourly minimum wage standard, or

c. The number of hours of Child Care Assistance needed by the client to perform self employment activities.

D. Six-child Authorization Limit.

1. The Department shall authorize no more than six children in the eligible family at any given point in time.

a. The six-child authorization limit applies to clients under this subsection.

i. Clients who are not Cash Assistance participants but who need Child Care Assistance to maintain employment;

ii. Teen parents who need Child Care Assistance for educational activities under R6-5-4912(D); and

iii. Clients who need Child Care Assistance because they are unable or unavailable to care for their own children due to physical, mental, or emotional disability, participation in a drug treatment or court-ordered community service program, or residency in a homeless or domestic violence shelter under R6-5-4912(F).

b. The six-child authorization limit shall not apply to the following clients:

i. Jobs participants who need Child Care Assistance to participate in the Jobs Program, and who are referred to CCA under R6-5-4904(B);

ii. Cash Assistance participants who need Child Care Assistance to maintain employment;

iii. CPS referred families, and CPS or DDD foster families who need Child Care Assistance as documented in a CPS or foster care case plan, and who are referred to CCA under R6-5-4904(B); and

iv. Former Cash Assistance participants who need Child Care Assistance to maintain employment under R6-5-4916(A).

c. For eligible families who are not subject to the six-child limit, there is no limit to the number of eligible children whom the Department can authorize to receive Child Care Assistance in the eligible family.

If the eligible family requests Child Care Assistance for more than six children, the family shall select the six children to be authorized to receive Child Care Assistance.

3. If the family fails to designate six children to receive Child Care Assistance as requested, the Department shall authorize the six youngest children.

4. If the client is already receiving Child Care Assistance for six children and requests assistance for a new child, the Department shall not authorize assistance for the new child until the client notifies the Department which child will no longer receive Child Care Assistance.

E. Units of Child Care Assistance.

1. The Department shall authorize Child Care Assistance in full- and part-day units;

2. The Department shall not authorize more than 3l units for each child, per child care provider in a calendar month;

3. A part-day unit of Child Care Assistance is less than six hours;

4. A full-day unit of Child Care Assistance is six hours or more;

5. Each child care provider determines the upper limit of what constitutes a full day of care for that provider.

F. Date of Eligibility. The Department shall approve eligibility for Child Care Assistance effective the application file date or referral receipt date as described in R6-5-4904 if the client satisfies all applicable conditions of eligibility as prescribed in this Article.

G. Date of Authorization.

1. The Department shall authorize Child Care Assistance to begin effective the start date of the eligible activity or need, but not earlier than application file date, request date, or referral receipt date as described in R6-5-4904.

2. The Department may authorize Child Care Assistance with an effective date that precedes the referral receipt date when the referral is received untimely due to administrative delay and the eligible start date of the activity or need precedes the referral receipt date for clients who are referred for Child Care Assistance as described in R6-5-4904(B).

H. Exclusion from Authorization. The Department shall not authorize Child Care for educational services for children enrolled in grades 1 through 12 when such services are provided during the regular school day.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-5-4918 renumbered to R6-5-4920; new R6-5-4918 renumbered from R6-5-4917 and amended by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4919 Time Limit for Child Care Assistance

Under A.R.S. § 46-803(K), each child shall receive time-limited Child Care Assistance, unless the child's parents or caretakers qualify for an extension under this Section.

A. Clients Who Are Subject To the Time Limit.

1. Clients who are not Cash Assistance participants but who need Child Care Assistance to maintain employment;

2. Teen parents who need Child Care Assistance for educational activities under R6-5-4912(D); and

3. Clients who need Child Care Assistance because they are unable or unavailable to care for their own children due to physical, mental, or emotional disability, participation in a drug treatment or court-ordered community service program, or residency in a homeless or domestic violence shelter under R6-5-4912(F).

B. Clients Who Are Not Subject To the Time Limit.

1. Jobs participants who need Child Care Assistance to participate in the Jobs Program, and who are referred to CCA under R6-5-4904(B);

2. Cash Assistance participants who need Child Care Assistance to maintain employment;

3. CPS referred families, and CPS or DDD foster families who need Child Care Assistance as documented in a CPS or foster care case plan, and who are referred to CCA under R6-5-4904(B); and

4. Former Cash Assistance participants who need Child Care Assistance to maintain employment under R6-5-4916(A).

C. Effective Date of the Time Limit. The 60-month time limit shall begin:

1. For applicants of Child Care Assistance eligible under any of the categories listed in subsection (A) who file an application on or after January 1, 2007, on the date the application is received by the Department.

2. For clients receiving Child Care Assistance on January 1, 2007 under subsection (A), January 1, 2007.

3. For clients receiving Child Care Assistance on January 1, 2007 under subsection (B), the first date that the Department determines that the existing client is eligible for Child Care Assistance under one of the categories described in subsection (A).

D. Calculation of the Time Limit.

1. Each child receiving Child Care Assistance under subsection (A) shall receive time-limited assistance for:

a. Any combination of 1380 paid full or part day child care units; or

b. Child Care Assistance that spans 60 calendar months, whichever is later. A calendar month is one in which the Department pays for at least one full- or part-day unit.

2. Any unit of assistance used by the child, and later identified as a provider or agency caused overpayment shall not count toward the child's time limit.

Any unit of assistance used by the child, and later identified as a client-caused overpayment shall not count toward the child's time limit, if the family repays the overpayment.

The Department shall apply the time limit individually to each child in the family, and not to the parent or caretaker of the child.

a. If a different caretaker applies for the child at a later point in time, each child will be entitled to the remaining portion of time-limited Child Care Assistance that has not yet been utilized.

b. Any Child Care Assistance utilized by the child as part of an eligible family that was exempt from the time limit under subsection (B) shall not count toward the child's time limit.

E. Expiration of the Time Limit.

1. When a child exhausts time-limited of Child Care Assistance under this subsection, the Department shall stop assistance for the child unless the parents or caretakers of the child qualify for an extension under Section (F).

2. When all of the children in a family have exhausted the time limits of Child Care Assistance, the Department shall terminate assistance for the family unless the parents or caretakers:

a. Qualify for an extension under subsection (F); or,

b. Are no longer subject to the time limit as described in subsection (B).

F. Extension of the Time Limit for Child Care Assistance.

1. The Department shall grant a 6-month extension to the time limit if the parents or caretakers show efforts toward self-sufficiency during the most recent 6-month period. The Department may elect to grant extensions on a 12-month basis. In order to qualify for an extension, the parents or caretakers in the family shall:

a. Currently be engaged in an activity that promotes self-sufficiency, which means the parents or caretakers continue to:

i. Be employed a monthly average of 20 or more hours per week;

ii Be employed less than 20 hours per week and earning at least minimum wage;

iii Be employed a monthly average of at least 20 hours per week while attending school or training;

iv. Remain self-employed with a net profit equating to a monthly average of 20 hours per week times minimum wage;

v. Attend high school, G.E.D. classes, or remedial education for the attainment of a high school diploma for a teen parent under 20 years of age;

vi. Follow the treatment plan prescribed by a physician, psychiatrist, psychologist for the treatment of a specified mental, physical, or emotional condition, which precludes the parent or caretaker for caring for his or her own child for a portion of a 24-hour day;

vii. Participate in a drug/alcohol rehabilitation plan or court-ordered community service plan; or

viii. Participate in a homeless or domestic violence case plan while residing in a shelter; and,

b. Sign and date the "Self-Sufficiency Statement" and declare that the parents or caretakers have taken at least one of the following actions during the most recent six or 12-month period to promote self-sufficiency:

i. Received a job promotion, or an increase in wages, hours, or benefits;

ii. Remained consistently employed;

iii. Remained self-employed and consistently demonstrated a net profit;

iv. Applied for a better job;

v. Left one job for a better job (higher pay, more hours, better schedule, or better benefits);

vi. Registered with DES Employment Services (e.g., One Stop Career Center or DES Job Service) or another public or private employment agency, or job searched independently;

vii. Not requested Cash Assistance;

viii. Engaged in activities to pursue or maintain child support payments from an absent parent through DES Child Support Enforcement, the county attorney's office, or a private attorney;

ix. Attended work-related school or training, or pursued a degree or certificate that will lead to enhanced career opportunities;

x. Attended high school, remedial education for the attainment of a high school diploma or G.E.D. classes;

xi. Attended English for Speakers of Other Languages (E.S.O.L.) classes;

xii. Attended a trade or vocational school, college or university and made satisfactory progress in the activity;

xiii. Continued with a course of treatment under the direction of a physician, psychiatrist, or psychologist;

xiv. Followed a shelter case plan while residing in a domestic violence/homeless shelter;

xv. Participated in or completed a drug/alcohol rehabilitation or court-ordered community service program;

xvi. Participated in other employment-related activities or career-related training activities; or

xvii. Any other similar action acceptable to the Department that demonstrates that the parents or caretakers are moving toward self sufficiency.

2. If the parents or caretakers do not meet the conditions specified at subsections (1)(a) and (b), the family does not qualify for an extension of the time limit.

3. If the parents or caretakers meet the conditions specified at subsections (1)(a) and (b), and all other eligibility criteria are met, the family shall qualify for additional six or 12-calendar month extension periods if the parents or caretakers continue to meet the criteria at the end of each extension period.

G. Extension of the Time Limit after Case Closure. When a parent or caretaker applies for Child Care Assistance after the time limit for the child in care has been exhausted, the parent or caretaker of the child may qualify for an extension as follows:

1. The parent or caretaker shall be an eligible applicant under R6-5-4911(B), and shall meet the criteria for Child Care Assistance eligibility;

2. All parents or caretakers shall meet the self-sufficiency criteria prescribed at R6-5-4919(F); and

3. The parent or caretaker may qualify for successive extensions of the time limit under subsection (F).

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-5-4919 renumbered to R6-5-4921; new R6-5-4919 made by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4920 Denial or Termination of Child Care Assistance

The Department shall deny or terminate Child Care Assistance and provide written notification as prescribed in R6-5-4921 when the client:

1. Is not an eligible applicant as prescribed in R6-5-4911(B);

2. Is not a U.S. citizen or legal resident of the U.S.;

3. Is not a resident of the state of Arizona;

4. Has no children under the age of 13;

Has income that exceeds the maximum allowable as prescribed in R6-5-4914(C);

6. Does not have an eligible need, and is not engaged in an eligible activity as prescribed in R6-5-4912;

7. Is available to care for the children for whom assistance is requested (or there is another parent or responsible person in the household who is not engaged in an eligible activity and is available to provide care);

8. Has not provided the information or documentation required for a determination or redetermination of eligibility;

9. Has failed to cooperate in the arrangement of child care services;

10. Has not selected a child care provider who is registered with the Department;

11. Has requested that the application be withdrawn or that assistance be terminated;

12. Is a member of a family that already has an active case or pending application on file for Child Care Assistance;

13. Cannot be located by phone or mail and mail addressed to last known address has been returned;

14. Is deceased, incarcerated, or confined to an institution; or

15. Does not satisfy one or more eligibility criteria listed in R6-5-4904 through R6-5-4916;

16. Has exhausted the 60-month lifetime limit for all children in the eligible family under R6-5-4919(D) and does not qualify for an extension.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-5-4920 renumbered to R6-5-4923; new R6-5-4920 renumbered from R6-5-4918 and amended by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4921 Notification Requirements

A. The Department shall mail or deliver written notice to the client as follows:

1. On a decision about an application, within 30 calendar days of the date that the Department receives the completed application.

2. On a positive action, the Department shall mail adequate notice on or before the date the action will become effective.

3. On a change in the amount of authorized units based on a change in need, the Department shall mail adequate notice on or before the date the action will become effective.

4. On a negative action, the Department shall mail the notice at least 10 calendar days in advance of the date the action will become effective.

5. On changes in law or policy which affect entire classes or groups and concern issues not related to individual questions of fact, the Department shall issue notice of such action at least 10 calendar days in advance of the effective date of the action.

B. The Department shall not provide notice on a negative action when:

1. Child Care Assistance authorized for a specified period of time is terminated and the individual was informed in writing of the termination date when the Child Care Assistance was initiated;

2. The applicant, client, or child is deceased; and

3. There is a loss of contact with the client and mail addressed to the last known address has been returned.

C. Written notice shall include a statement of the action to be taken, the reasons for the intended action, citation to the specific rule supporting the action, and an explanation of the client's rights regarding a request for a fair hearing.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-5-4921 renumbered to R6-5-4924; new R6-5-4921 renumbered from R6-5-4919 by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-5-4922 [REPEALED]

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section repealed by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
  • The following Section was adopted under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to A.R.S. § 41-1005(A)(27). Exemption from A.R.S. Title 41, Chapter 6 means 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.
Ariz. Admin. Code § R6-5-4923 Overpayments

A. Overpayments; Date of Discovery.

1. The Department shall pursue collection of all client- and provider-caused overpayments.

2. The Department discovers an overpayment on the date the Department determines that an overpayment exists.

3. The Department shall write an overpayment report within 90 days of the discovery date.

4. If the CCA office suspects that an overpayment was caused by fraudulent activity, it shall refer the overpayment report to the Department's Office of Special Investigations for potential prosecution.

5. The Department shall not attempt to recover an overpayment from a person who is not a current recipient when the overpayment was not the result of fraud, and the Department has exhausted reasonable efforts to collect the overpayment and has determined that it is no longer cost effective to pursue the claim.

B. Overpayments: Persons Liable. The Department shall pursue collection of an overpayment from:

1. The client if the overpayment was caused by the client;

2. Any individual member of the family who was included in family size as prescribed in R6-5-4914(D) during the overpayment period if the overpayment was caused by the client; or

3. The child care provider if the overpayment was caused by the provider.

History

  • Adopted effective July 1, 1998, under an exemption from the provisions of A.R.S. Title 41, Chapter 6; filed in the Secretary of State's Office June 30, 1998 (Supp. 98-2). Former R6-5-4923 renumbered to R6-5-4925; new R6-5-4923 renumbered from R6-5-4920 by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
Ariz. Admin. Code § R6-5-4924 Appeals

A. Entitlement to a Hearing.

1. An applicant for or recipient of Child Care Assistance is entitled to a hearing to contest the following Department actions:

a. Denial of the right to apply for assistance;

b. Complete or partial denial of an application for assistance;

c. Failure to make an eligibility determination on an application within 30 days of the application file date;

d. Suspension, termination, reduction, or withholding of assistance except as provided in subsection (B);

e. Increase in the fee level and DES-required copayment amount; or

f. The existence or amount of an overpayment attributed to the family or the terms of a plan to repay the overpayment.

Applicants and recipients are not entitled to a hearing to challenge benefit adjustments made automatically as a result of changes in federal or state law, unless the Department has incorrectly applied such law to the individual seeking the hearing.

B. Request for Hearing; Time Limits.

1. A person who wishes to appeal a negative action shall file a written request for a fair hearing with a local CCA office, within 10 days of the negative action notice date.

2. A request for a hearing is deemed filed;

a. On the date it is mailed, if transmitted via the United States Postal Service or its successor. The mailing date is as follows:

i. As shown by the postmark;

ii. As shown by the postage meter mark of the envelope in which it is received, if there is no postmark; or

iii. The date entered on the document as the date of its completion, if there is no postmark or no postage meter mark, or if the mark is illegible.

b. On the date actually received by the Department, if not sent through the mail as provided in subsection (B)(2)(a).

3. The submission of any document is considered timely if the appellant proves that delay in submission was due to Department error or misinformation, or to delay caused by the U.S. Postal Service or its successor.

4. Any document mailed by the Department is considered as having been given to the addressee on date it is mailed to the addressee's last known address. The date mailed shall be presumed to be the date shown on the document, unless otherwise indicated by the facts.

5. The Office of Appeals shall deny any request that is not timely filed. A party may appeal a decision on the timeliness of an appeal.

C. Hearing Requests; Preparation and Processing.

1. Within two work days of receiving a request for appeal, the local CCA office shall notify the Office of Appeals of the hearing request.

Within 10 days of receiving a request for appeal, the local CCA office shall prepare and forward to the Office of Appeals a prehearing summary which shall include:

a. The appellant's name (and case name, if different);

b. The appellant's SSN (or case number, if different);

c. The local office responsible for the appellant's case;

d. A brief summary of the facts surrounding, and the grounds supporting, the negative action;

e. Citations to the specific provisions of this Article or the Department's CCA manual which support the Department's action; and

f. The decision notice and any other documents relating to the appeal.

3. The local office shall mail the appellant a copy of the summary. Upon receipt of a hearing request, the Office of Appeals shall schedule the hearings.

D. Continuation of Assistance Pending Appeal; Exceptions.

1. If an appellant files a request for appeal within 10 calendar days of the negative action notice date, the Department shall continue assistance at the current level unless:

a. The appellant waives continuation of current assistance,

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

c. The appellant is requesting continuation of TCC benefits for longer than the 24-month eligibility period.

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

a. 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 assistance due the appellant;

b. A change in eligibility or assistance amount occurs for reasons other than those being appealed, and the eligible family receives and fails to timely appeal a notice of negative action concerning such change;

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

d. The appellant withdraws the request for hearing; or

e. 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.

3. Upon receipt of a decision in favor of the Department, the Department shall write an overpayment for the amount of any assistance the family received in excess of the correct amount, while the stay was in effect.

History

  • Section R6-5-4924 renumbered from R6-5-4921 by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).
Ariz. Admin. Code § R6-5-4925 Maximum Reimbursement Rates for Child Care

The Department shall pay the maximum reimbursement rates for child care as set forth in Appendix B.

History

  • Section R6-5-4925 renumbered from R6-5-4923 by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).

Article 50 CHILD CARE RESOURCE AND REFERRAL SYSTEM

Ariz. Admin. Code § R6-5-5001 Definitions

The following definitions apply in this Article.

1. "ADE" means the Arizona Department of Education, which administers the CACFP at the state level.

2. "Alternate approval" means a status the ADE confers on an uncertified, unlicensed provider that demonstrates compliance with CACFP child care standards to the ADE.

3. "Caregiver state licensing ratio requirements" means Arizona Department of Health Services (DHS) regulations that mandate DHS oversight of child care facilities with five or more children in care for compensation where child care is provided for periods of less than 24 hours per day.

4. "Child care" means a compensated service that is provided to a child unaccompanied by a parent or guardian during a portion of a 24-hour day. The service includes supervised and planned care, training, recreation, and socialization.

5. "CACFP" means the Child and Adult Care Food Program, funded and administered at the federal level by the Food and Consumer Services, a program of the U.S. Department of Agriculture.

6. "CCR&R" means child care resource and referral, a service the Department administers under A.R.S. § 41-1967.

7. "Center" means the same as "child care facility" in A.R.S. § 36-881(3).

8. "Certified" or "licensed" means a provider holds a license as prescribed in A.R.S. § 36-882, or is certified under A.R.S. § 46-807 or A.R.S. § 36-897.

9. "Child with special needs" means a child who needs increased supervision, modified equipment, modified activities, or a modified facility, within a child care setting, due to any physical, mental, sensory, or emotional delay, or medical condition, and includes a child with a disability.

10. "Compensation" means something given or received in return for child care, such as money, goods, or services.

11. "Contractor" means an agency with which the Department contracts for provision of CCR&R services.

12. "Customer" means a person who is requesting information from a CCR&R contractor.

13. "Database" means a computerized collection of CCR&R facts, figures, and information for licensed, certified, and registered providers and customers arranged for ease and speed of retrieval.

14. "Department" or DES means the Arizona Department of Economic Security.

15. "Dropped for cause" means an ADE Sponsoring Organization has terminated a family child care provider from participation in the CACFP.

16. "Exclude" means to refuse to include a particular provider in or to remove a provider from the CCR&R database.

17. "Family child care" means child care provided by a certified or registered provider in the provider's own home.

18. "In-home child care" means child care provided in a child's own home.

19. "Information only listing" means a provider listed on the CCR&R who will receive training information and other information about child care issues and activities, but who will not receive any referrals.

20. "Listing status" means the condition under which a provider may receive a referral (referral listing) or is restricted from receiving a referral (information only listing).

21. "Over-Ratio Referral Form" means a communication tool used to relay to the Department of Health Services (DHS) information concerning a potential violation of caregiver state licensing ratio requirements.

22. "Personally identifiable information" means any information about a person other than a provider, that, when considered alone, or in combination with other information, identifies or permits another person to readily identify the person who is the subject of the information. Personally identifiable information includes:

a. Name, address, and telephone number;

b. Date of birth or age;

c. Physical description;

d. School;

e. Place of employment; and

f. Any unique identifying number, such as driver's license number, a social security number, or regulatory license number.

23. "Program Administrator" means the person who oversees the Child Care Administration, a unit of the Department.

24. "Provider" means an adult who, or a facility that, provides child care services.

25. "Provider type" means a category of provider or program such as a center, family child care, and in-home child care.

26. "Referral" means the information listed in R6-5-5005(C), (D), and (E), that a Contractor gives to a customer.

27. "Referral listing" means that a contractor may refer a provider listed on the CCR&R registry or database to customers, and the provider may receive training and other information about child care issues and activities.

28. "Registered provider" means a family child care provider who is an adult and is not licensed or certified by any government agency, but who meets the requirements to be listed in the CCR&R registry.

29. "Registry" means the list of providers that:

a. Are not licensed or certified by a government agency,

b. Voluntarily list with CCR&R, and

c. Meet the requirements under A.R.S. § 41-1967 to receive referrals and training information.

30. "Regulated" means a provider who is required to meet licensing or certification standards set by a government agency, including a federal, state, or tribal government agency.

31. "Revocation" means the permanent removal of a child care provider's license or certificate by a government agency.

32. "SDA" means service delivery area, which is a specific geographic area where CCR&R services are offered.

33. "Sponsoring organization" means a public or non-profit private organization that administers the CACFP on behalf of ADE.

34. "Suspension" means that a regulatory agency has temporarily removed a provider's certificate or license.

35. "Work day" means Monday through Friday, excluding Arizona state holidays.

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Section repealed effective November 8, 1982 (Supp. 82-6). New Section 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).
Ariz. Admin. Code § R6-5-5002 Provider Participation Requirements

A. To be considered for inclusion in the CCR&R database, a provider shall submit the following information to the Contractor for the provider's SDA:

Provider's name;

Address;

3. Phone number;

4. Days and times the facility is open;

5. Ages of children accepted;

6. Capacity;

7. Regulatory affiliation, if any;

8. Meals provided to children in care;

9. Training and experience;

Accreditation;

11. Fees;

12. School transportation;

13. DES Provider ID, if applicable;

14. The provider's choice of listing status; and

15. DHS Child Development Center (CDC) or Small Group Home (SGH) number.

B. Regulated Providers: Before adding a regulated provider to the CCR&R database, the Contractor shall confirm the provider's regulatory affiliation with the appropriate regulatory agency. For the purpose of this subsection, confirmation of the regulatory affiliation is based solely on the accuracy of the information obtained from the regulatory agency.

C. Registered Providers: The provisions in this subsection govern provider participation requirements for registered family child care providers.

In addition to the information listed in subsection (A), a registered family child care provider shall complete and submit to the Contractor, on Department-approved forms, a notarized sworn statement and a notarized certification statement attesting that the provider is not subject to exclusion or removal from the CCR&R database under any of the grounds specified in A.R.S. § 41-1967(E).

2. Before adding a registered family child care provider to the CCR&R registry and database, a Contractor shall review the provider's sworn statement and certification statement described in subsection (C)(1) and include on the registry only those providers who affirm that they are not subject to exclusion or removal under A.R.S. § 41-1967(E).

3. Before adding a registered family child care provider to the CCR&R registry and database, a Contractor shall receive clearance from the Department that neither a provider nor anyone providing care in the provider's home has had a child abuse or neglect investigation that has been substantiated by Child Protective Services (CPS) in this state.

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Section repealed effective November 8, 1982 (Supp. 82-6). New Section 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).
Ariz. Admin. Code § R6-5-5003 Notification of Changes

A. A provider listed on the CCR&R database shall notify the Contractor of any changes to the information or statement given under R6-5-5002(A) or (C)(1).

B. A provider may modify self-initiated changes in listing status at any time by notifying the Contractor.

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Section repealed effective November 8, 1982 (Supp. 82-6). New Section 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).
Ariz. Admin. Code § R6-5-5004 Referrals Not Guaranteed

A. A Contractor shall make referrals to participating providers on a random basis based on a family's self-reported needs.

B. A Contractor shall not:

1. Guarantee the number or frequency of referrals to a participating provider; or

2. Guarantee that listing on the CCR&R will result in economic benefit or gain to a participating provider.

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Section repealed effective November 8, 1982 (Supp. 82-6). New Section 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).
Ariz. Admin. Code § R6-5-5005 Referral Process

A. To obtain a referral, a customer shall give the contractor the following information, if available, about the customer's child care needs:

1. Customer name;

2. Address;

3. Phone number;

4. Days and times child care is needed;

5. Preferred type of child care provider;

6. Location where care is needed or preferred, and

Age of child.

B. A Contractor shall give a customer a referral that is consistent with the customer's stated preferences.

1. The Contractor shall not make a referral unless the Contractor can give the customer the names of at least three potential providers within the customer's search parameters.

2. If the Contractor cannot name at least three potential providers meeting the customer's stated preferences, the Contractor shall ask the customer to expand the search parameters until the Contractor can name at least three potential providers.

C. The Contractor shall provide the customer with provider profile information on each referred provider, including the following:

Provider's name;

2. Address or major cross streets;

3. Phone number;

4. Days and hours of operation;

5. Ages of children accepted;

6. Ratio and capacity;

7. Regulatory affiliation, if any;

8. Meal information;

9. Training and experience;

Accreditation;

11. Fees and available subsidies;

12. School transportation.

D. As part of a referral, a Contractor shall give each customer written information that includes the following:

1. That the Contractor selects providers based on the customer's stated preferences;

2. That the Contractor provides referrals and does not recommend, endorse, or guarantee any particular child care provider;

3. That the Contractor does not regulate, monitor, or verify information supplied by a provider;

4. That a child's parent or guardian is solely responsible for choosing an appropriate child care provider to meet a family's needs; and

5. That a provider's listing status may change after their initial placement on the registry or database and that customers are encouraged to call back periodically for updated information.

E. As part of a referral, a Contractor shall provide the customer with the following Department-approved educational information:

1. A list of criteria to consider when selecting quality child care;

2. A description of the types of child care providers in Arizona;

3. A description of CCR&R services and a list of office locations and phone numbers statewide; and

4. An explanation of the process for filing a child care related complaint.

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Section repealed effective November 8, 1982 (Supp. 82-6). New Section 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).
Ariz. Admin. Code § R6-5-5006 Monitoring; Complaint Recording and Reporting Requirements

A. Monitoring and Investigation: Neither the Department nor its Contractors monitor or investigate the activities of a provider, or investigate any complaint about a provider, except as otherwise prescribed by law for a family child care provider.

B. Regulated Providers: Upon receipt of a complaint about a regulated provider, a Contractor shall refer the complainant to the appropriate regulatory agency, law enforcement agency, or Child Protective Services.

C. Registered Providers: The provisions in this subsection govern complaints about a registered provider.

1. Any person may complain about a registered family child care provider on the registry by notifying a Contractor. Upon receipt of a complaint on a registered family child care provider, a Contractor shall:

a. Refer the complainant to the appropriate investigative agency (law enforcement or child protective services), if the issue raised in the complaint is suspected child abuse or neglect. The contractor shall forward a complaint involving law enforcement or child protective services to the DES Child Care Administration for resolution;

b. Refer the complainant to DHS and forward an over-ratio referral form to DHS if the complaint alleges that the provider is caring for more children than the law allows; or

c. Take a complaint made in reference to a CACFP home provider not regulated by any other agency and forward the complaint to ADE for resolution by its sponsoring agencies.

d. Take the complaint if it raises an issue other than those described in subsections (C)(1)(a), (b) or (c).

2. If the Contractor takes the complaint as under subsection (C)(1)(c) or (d), the Contractor shall obtain and record, on a Department approved form, the following information, if available:

a. Provider name and address;

b. Summary of the complaint, including date and time of incident;

c. Name, address, and phone number of the person making the complaint, unless the complainant indicates that the complainant or someone else may come to substantial harm. The Contractor shall document a complainant's claim that substantial harm may result as a result of disclosure of the complainant's name, as prescribed in A.R.S. § 41-1010; and

d. If applicable, witness information, such as name, address, and phone number.

3. The person recording the information shall sign and date the form.

4. After redacting personally identifiable information, the Contractor shall send the complaint form to the provider for response within three work days.

5. The provider shall respond to the complaint by completing the provider response portion of the complaint form within 30 days of the complaint mailing date;

6. The Contractor shall allow the public to inspect the complaint, and the provider's response, if given, with all personally identifiable information redacted. After the 30-day provider response period has expired, the Contractor shall make a complaint available for public inspection at the Contractor's office or the Contractor may mail a copy of the complaint.

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Section repealed effective November 8, 1982 (Supp. 82-6). New Section 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).
Ariz. Admin. Code § R6-5-5007 Provider Listing Status

A. Regulated Providers:

1. When the Department learns that a regulatory agency has suspended a regulated provider's license, certificate, or alternate approval, the Department shall direct a Contractor to change the provider's listing status from referral listing to information only listing, using the process in R6-5-5009.

2. If a Contractor has changed a provider to information only listing status under subsection (A)(1), the Department shall direct the Contractor to return the provider to referral listing status if the regulatory agency removes the provider's suspension status.

3. The Department shall notify the provider in writing when the Department returns the provider to referral status. The Department shall send the notice within 10 work days of the change in status, and shall include the effective date of the change.

B. Registered Providers:

1. When the Department receives a complaint or is notified that a registered provider may have failed or may be unable to meet the needs of a family due to one of the following circumstances, the Department shall direct a Contractor to change a registered provider's listing status from referral listing to information listing using the process in R6-5-5009 :

a. A child has allegedly been abused, neglected, exploited, or abandoned while in the registered provider's care;

b. A registered provider has allegedly been involved in activities or circumstances that may threaten the health, safety, or emotional well-being of a child, including, acts of physical violence, domestic disputes, or incidents involving deadly weapons or dangerous or narcotic drugs; or

c. As determined by DHS, a registered provider has allegedly violated state law by providing care to more than four children at any one time for compensation.

2. If a Contractor has changed a registered provider to information only listing status, as prescribed in subsection (B)(1), the Department shall direct the Contractor to return the registered provider to referral listing status if one of the following occurs:

a. Child Protective Services or a law enforcement agency determines that the allegation cannot be substantiated;

b. Child Protective Services or a law enforcement agency determines that the threat to a child has been eliminated; or

c. DHS determines that the registered provider may continue child care activities without obtaining a certificate or license.

3. As used in subsection (B)(2), substantiation by a law enforcement agency means that law enforcement has referred a case to a prosecutorial agency with a recommendation to file charges.

4. The Department shall notify the registered provider in writing when the provider is returned to referral status. The Department shall send the notice within 10 work days of the change in status, and shall include the effective date of the change.

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Section repealed effective November 8, 1982 (Supp. 82-6). New Section 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).
Ariz. Admin. Code § R6-5-5008 Provider Exclusion or Removal

A. The Department may direct a Contractor to exclude or remove a provider from the database according to the process in R6-5-5009, for the following reasons:

1. The provider fails or refuses to provide information as requested by the Department or a Contractor;

2. A regulatory agency or sponsoring organization verifies that the provider's license, certificate, or alternate approval has been denied, revoked, terminated, or dropped for cause;

3. The Department learns that information in the written, sworn, and notarized statements submitted by the provider under R6-5-5002(C) is false;

4. The provider is subject to removal or exclusion for any reason listed in A.R.S. § 41-1967(E); or,

5. The provider fails to comply with these rules.

B. A Contractor may summarily and without notice remove a provider from the CCR&R database for the following reasons:

1. The Contractor is unable to contact the provider because:

a. The provider's phone is disconnected;

b. The provider is no longer at the last known address and has given no forwarding address; or

c. The provider has died; or

2. The provider requests removal.

C. A provider removed under subsection (B) may request reinstatement by calling the Contractor for the provider's SDA and providing current information.

D. Upon receipt of a request for reinstatement, the Contractor shall update the information listed in R6-5-5002 and, if applicable, confirm that the provider has submitted information requested by the Department or Contractor.

E. The Contractor shall reinstate the provider unless there are grounds for removal under subsections (A)(1) through (5).

History

  • 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).
Ariz. Admin. Code § 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.

History

  • 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).
Ariz. Admin. Code § R6-5-5010 Administrative Appeal Process

A. A provider may appeal the Department's administrative review decision under 6 A.A.C. 5, Article 75 by filing a request for an appeal with the Department within 15 work days after the mailing date of the Department's administrative review decision described in R6-5-5009(J).

B. A provider shall mail the written request for an appeal to:

Department of Economic Security

Child Care Administration

Program Administrator

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

Phoenix, Arizona 85005

C. In the written request, the provider shall include the reason for requesting an appeal and any documentation supporting the request.

D. The Department's actions in reference to removal or exclusion from the database or changes in listing status are not appealable under this Article if the action is based on:

1. Failure to clear a fingerprint or criminal background check; or

2. Failure to clear a Child Protective Services background check

E. A request for an appeal is timely if:

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

2. The envelope in which the request is mailed is postmarked or postage-meter marked within the 15-day period prescribed in subsection (A).

History

  • Adopted effective November 19, 1996 (Supp. 96-4). Amended effective June 4, 1998 (Supp. 98-2). Amended by exempt rulemaking at 8 A.A.R. 2956, effective July 1, 2002 (Supp. 02-2).

Article 51 EXPIRED

Ariz. Admin. Code § R6-5-5101 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5101 repealed, new Section R6-5-5101 adopted effective September 30, 1977 (Supp. 77-5). Former Section R6-5-5101 repealed, new Section R6-5-5101 adopted effective June 17, 1985 (Supp. 85-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).
Ariz. Admin. Code § R6-5-5102 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5102 repealed, new Section R6-5-5102 adopted effective September 30, 1977 (Supp. 77-5). Amended effective March 17, 1981 (Supp. 81-2). Former Section R6-5-5102 repealed, new Section R6-5-5102 adopted effective June 17, 1985 (Supp. 85-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).
Ariz. Admin. Code § R6-5-5103 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5103 repealed, new Section R6-5-5103 adopted effective September 30, 1977 (Supp. 77-5). Former Section R6-5-5103 repealed, new Section R6-5-5103 adopted effective June 17, 1985 (Supp. 85-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).
Ariz. Admin. Code § R6-5-5104 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5104 repealed, new Section R6-5-5104 adopted effective September 30, 1977 (Supp. 77-5). Amended effective April 25, 1978 (Supp. 78-2). Amended effective March 26, 1979 (Supp. 79-2). Amended effective March 17, 1981 (Supp. 81-2). Former Section R6-5-5104 repealed, new Section R6-5-5104 adopted effective June 17, 1985 (Supp. 85-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).
Ariz. Admin. Code § R6-5-5105 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5105 repealed, new Section R6-5-5105 adopted effective September 30, 1977 (Supp. 77-5). Amended effective April 25, 1978 (Supp. 78-2). Amended paragraph (3) effective March 17, 1981 (Supp. 81-2). Former Section R6-5-5105 repealed, new Section R6-5-5105 adopted effective June 17, 1985 (Supp. 85-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).
Ariz. Admin. Code § R6-5-5106 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5106 repealed, new Section R6-5-5106 adopted effective September 30, 1977 (Supp. 77-5). Former Section R6-5-5106 repealed, new Section R6-5-5106 adopted effective June 17, 1985 (Supp. 85-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).
Ariz. Admin. Code § R6-5-5107 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5107 repealed, new Section R6-5-5107 adopted effective September 30, 1977 (Supp. 77-5). Amended effective March 17, 1981 (Supp. 81-2). Former Section R6-5-5107 repealed, new Section R6-5-5107 adopted effective June 17, 1985 (Supp. 85-3). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).

Article 52 CERTIFICATION AND SUPERVISION OF FAMILY CHILD CARE HOME PROVIDERS

Ariz. Admin. Code § R6-5-5201 Definitions

The following definitions apply in this Article:

1. "Abandonment" has the meaning ascribed to "abandoned" in A.R.S. § 8-201(1).

2. "Abuse" has the meaning ascribed in A.R.S. § 8-201(2).

3. "Age" means years of a person's lifetime when used in reference to a number, unless the term "months" is used.

4. "Adult" means a person age 18 or older.

5. "Applicant" means a person who submits a written application to the Department to become certified as a child care provider.

6. "Backup provider" means an adult who, or an entity that, provides child care when a provider is not available.

7. "CACFP" means the Child and Adult Care Food Program.

8. "Certificate" means a document the Department issues to a provider as evidence that the provider has met the child care standards of this Article.

9. "Child" means a person younger than age 18.

10. "Child care" means the compensated care, supervision, recreation, socialization, guidance, and protection of a child who is unaccompanied by a parent.

11. "Child care personnel" means all adults residing in a home facility, an in-home provider, and any backup provider.

12. "Child care registration agreement" means a written contract between a provider and the Department; that establishes the rights and duties of the provider and the Department for provision of child care.

13. "Child care specialist" means a Department child care eligibility and/or certification staff person.

14. "CHILDS" means the Children's Information Library and Data Source, which is a comprehensive, automated system to support child welfare policies and procedures, and includes information on investigations, ongoing case management, and payments.

15. "CHILDS Central Registry" means the Child Protective Services Central Registry, a confidential, computerized database within CHILDS, which the Department maintains according to A.R.S. § 8-804.

16. "Child with special needs" means a child who needs increased supervision, modified equipment, modified activities, or a modified facility, due to any physical, mental, sensory, or emotional delay, or medical condition, and includes a child who has a physical or mental impairment that substantially limits one or more major life activities; has a record of having a physical or mental impairment that substantially limits one or more of the child's major life activities; or who is regarded as having an impairment, regardless of whether the child has the impairment.

17. "Client" means a person who applies for and meets the eligibility criteria for a child care service program administered by the Department.

18. "Compensation" means something given or received, such as money, goods, or services, as payment for child care services.

19. "Corporal punishment" means any act that is administered as a form of discipline and that either is intended to cause bodily pain, or may result in physical damage or injury.

20. "CPS" means Child Protective Services, a Department administration that operates a program to investigate allegations of child maltreatment and provide protective services.

21. "Department" means the Arizona Department of Economic Security.

22. "Developmentally appropriate" means an action that takes into account:

a. A child's age and family background;

b. The predictable changes that occur in a child's physical, emotional, social, cultural, and cognitive development; and

c. The individual child's pattern and timing of growth, personality, and learning style.

23. "DHS" means the Arizona Department of Health Services.

24. "Direct supervision" means within sight and sound.

25. "Exploitation" means an act of taking advantage of, or making use of a child selfishly, unethically, or unjustly for one's own advantage or profit, in a manner contrary to the best interests of the child, such as having a child panhandle, steal, or perform other illegal activities.

26. "Evening care" means child care provided at any time between 6:30 p.m. and midnight.

27. "Heating device" means an instrument designed to produce heat for a room or inside area and includes a non-electric stove, fireplace, freestanding stove, or space heater.

28. "Home facility" means a provider's residence that the Department has certified as a location where child care services may be provided.

29. "Household member" means a person who does not provide child care services and who resides in the home facility of a provider for 21 consecutive days or longer or who resides periodically throughout the year for a total of at least 21 days.

30. "Infant" means:

a. A child who is younger than 12 months old; and

b. A child who is younger than 18 months old and not walking.

31. "In-home provider" means a provider who cares for a child in the child's home.

32. "Maltreatment" means abuse, neglect, exploitation, or abandonment of a child.

33. "Medication" means any prescribed or over-the-counter drug or medicine.

34. "Mechanical restraint" means a device to restrict a child's movement.

35. "Neglect" has the same meaning ascribed in A.R.S. § 8-201.

36. "Night-time care" means child care provided at any time between midnight and 6:00 a.m.

37. "Non-parent relative" means a caretaker relative who exercises responsibility for the day-to day physical care, guidance, and support of a child who physically resides with the relative and who is by affinity, consanguinity, or court decree, a grandparent, great grandparent, sibling of the whole or half-blood, stepbrother, stepsister, aunt, uncle, great aunt, great uncle, or first cousin of the child.

38. "Parent" means the biological or adoptive parent of a child, a court-appointed guardian, or a non-parent relative.

39. "Provider" means an adult who is not the parent or guardian of a child needing care, and to whom the Department has issued a certificate, and includes a backup provider who performs the provider's duties when the provider is unavailable.

40. "Physical restraint" means the use of bodily force to restrict a child's freedom of movement.

41. "Safeguard" means to use reasonable efforts and developmentally appropriate measures to eliminate the risk of harm to a child in care and ensure that a child in care will not be harmed by a particular object, substance, or activity. Safeguarding may include:

a. Locking up a particular substance or item;

b. Putting a substance or item beyond the reach of a child who is not mobile;

c. Erecting a barrier that prevents a child from reaching a particular place, item, or substance;

d. Mandating the use of a protective safety device; or

e. Providing direct supervision.

42. "Sanitize" means treatment by a heating or chemical process that reduces the bacterial count, including pathogens, to a safe level.

43. "Time out" means removing a child from a situation by directing the child to remain in a specific chair or place identified as the time out place, for no more than one minute for each year of a child's age, but no more than 10 minutes.

44. "Undue hardship" means significant difficulty or substantial expense concerning the operation of a provider's program. In this subsection, "significant" and "substantial" are measured relative to the level of net income the provider earns from child care services.

45. "Unusual incident" means any accident, injury, behavior problem, or other extraordinary situation involving a provider or a child in care, including suspected child maltreatment.

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Section repealed, new Section adopted effective May 11, 1994 (Supp. 94-2). Amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2). Amended by final rulemaking at 22 A.A.R. 3185, effective 10/28/2016.
Ariz. Admin. Code § R6-5-5202 Initial Application for Certification

A. To become a certified child care provider, an applicant shall comply with all requirements of this Article and other applicable requirements of federal, state, or local law.

B. An applicant shall be at least age 18.

C. An applicant shall submit a complete, signed application form to the Department.

D. An applicant shall designate one or more backup providers from the following list:

An individual who is age 18 or older and who satisfies the requirements for backup providers outlined in this Article;

2. A DHS-licensed child care center;

3. A DHS-certified child care group home; or

4. A DES-certified family child care home.

E. An applicant shall participate in any orientation and training and shall cooperate in conducting any pre-certification interviews and inspections the Department may require.

F. An applicant shall give the Department the names of three references who:

1. Have known the applicant at least one year,

2. Are unrelated by blood or marriage to the applicant, and

Can furnish information regarding the applicant's character and ability to care for a child.

G. An applicant and any designated individual backup provider shall furnish a self-statement of physical and mental health on a form provided by the Department.

H. An applicant and each designated individual backup provider shall have the physical, mental, and emotional health necessary to perform the duties and meet the responsibilities established by this Article. If the Department has questions about the applicant's health that the applicant cannot satisfactorily answer or explain, the applicant, upon request by the Department, shall submit to a physical or psychological examination by a licensed physician, psychologist, or psychiatrist, and shall provide the Department with a professional opinion addressing the Department's questions. The applicant shall bear the cost of any professional examinations that the Department needs to determine whether the individual is qualified.

I. The Department may require an applicant to furnish at least the following information about the applicant, the applicant's spouse, members of the applicant's household, children residing outside of the applicant's home, and the individual backup provider:

Name;

2. Current address;

3. Telephone number;

4. Date of birth;

5. Social security number;

6. Maiden name, aliases, and nicknames;

7. Relationship to the applicant or backup provider;

Marital status and marital history;

9. Educational background;

10. Ethnicity;

11. Gender;

12. Birthplace;

13. Physical characteristics; and

14. Citizenship status.

J. Child care personnel shall submit the notarized criminal history certification form required by A.R.S. § 41-1964, and disclose whether they have committed any acts of child maltreatment or have been the subject of a Child Protective Service investigation.

K. On a Department form, an applicant, all adult household members, and all individual backup providers shall provide employment histories for the five-year period immediately preceding the application date, beginning with the individual's present or most recent job.

L. An applicant shall furnish proof that the applicant, the individual backup provider, and members of the applicant's household who are age 13 or younger are immune from measles, rubella, diphtheria, tetanus, pertussis, polio, and any other diseases for which routine immunizations are readily and safely available.

1. The Department may waive the requirements of this subsection for a household member if the applicant will be certified as an in-home provider only and submits an affidavit attesting that household members will not be present when child care services are provided.

2. The Department shall waive the requirements of this subsection if the applicant:

a. Submits an affidavit stating that household members are being raised in a religion whose teachings oppose immunization; and

b. Affirms, in writing, that families will be notified of the religious exemption before child care services are provided.

M. An applicant shall submit evidence of current freedom from pulmonary tuberculosis for the applicant, all household members, and all individual backup providers. If the application is approved, this evidence shall be submitted each succeeding calendar year.

1. Evidence required under this subsection is limited to:

a. A report of a negative Mantoux skin test performed within three months of the date or anniversary date of initial certification.

b. A physician's written statement based on an examination performed within three months of the date or anniversary date of initial certification.

2. The Department shall waive the requirements of this subsection for household members if the applicant will be certified as an in-home provider only and submits an affidavit that household members will not be present when child care services are provided.

N. An applicant shall provide a statement of services on a Department form. The statement shall describe:

1. The home at which services will be provided, location, and hours of operation;

2. The applicant's daily rates and fees;

3. The ages of children the applicant will accept;

4. The equipment, materials, daily activities, and play areas available to children in care;

5. Any special child care skills, knowledge, or training the applicant has; and

6. The behavior, guidance, and discipline methods the applicant uses.

O. During an interview with the child care specialist, an applicant shall complete a Department questionnaire describing:

1. The applicant's child rearing philosophy;

2. The home environment, including intra-family relationships and attitudes toward child care;

3. The parenting and discipline methods employed by the applicant and the applicant's parents; and

4. The applicant's child care training and experience.

P. Upon Department request, an applicant, all members of the applicant's household, and all individual backup providers shall comply with any additional requirements and requests for interviews, inspections, or information necessary to determine the applicant's fitness to serve as a certified child care provider.

Q. A complete application package consists of an applicant's completed application form and evidence that the applicant, all members of the applicant's household, and all individual backup providers have met all requirements and submitted all information and documentation listed in this Section.

R. The Department shall send an applicant a notice of administrative completeness or deficiency, as described in A.R.S. § 41-1074, indicating the additional information, if any, that the applicant must provide for a complete application package. The Department shall send the notice after receiving the application and before expiration of the administrative completeness review time-frame described in R6-5-5205 . If the applicant does not supply the missing information listed in the notice, the Department may close the file.

S. An applicant whose file is closed may reapply for certification.

T. After an applicant submits a complete application for initial certification, the Department shall inspect the applicant's home to determine whether the home meets the regulations of this Article.

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Section repealed, new Section adopted effective May 11, 1994 (Supp. 94-2). Amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2). Amended by final rulemaking at 22 A.A.R. 3185, effective 10/28/2016.
Ariz. Admin. Code § R6-5-5203 Initial Certification: the Home Facility

A provider's home facility shall meet the requirements of this Section.

1. A provider shall maintain the indoor and outdoor premises of the home facility in a safe and sanitary condition, free from hazards and vermin, and in good repair. A mobile home shall have skirting to ensure that a child in care cannot go beneath the mobile home.

2. Any area to be occupied by a child in care shall have heat, light, ventilation, and screening. The provider shall maintain the home facility between 68° and 85° F.

3. A provider shall vent and safeguard all heating devices to protect each child from burns and harmful fumes.

4. A provider shall safeguard all potentially dangerous objects from children, including:

a. Household and automotive tools;

b. Sharp objects, such as knives, glass objects, and pieces of metal;

c. Fireplace tools, butane lighters and igniters, and matches;

d. Machinery;

e. Electrical boxes;

f. Electrical outlets;

g. Electrical wires; and

h. Chemicals, cleaners, and toxic substances.

5. A provider shall store firearms and ammunition separately from one another, under lock and key or combination lock.

6. A home facility shall have adequate space and equipment to accommodate each child in care, and other household members who are in the home facility at the same time as children in care. In this subsection, "adequate" means sufficient space and equipment to:

a. Permit all persons in the dwelling to have safe freedom of movement;

b. Permit children in care to be seated together for meals and snacks; and

c. Permit all children in care to be engaged in developmentally appropriate activities at the same time and in a room where the provider can keep all children within sight.

7. A provider shall keep outside play areas clean and safe and shall fence the play area if there are conditions that may pose a danger to any child playing outside. The fence shall be at least 4 feet high and free of hazards, including splinters and protruding nails or wires. The fence shall have only self-closing, self-latching, lockable gates.

8. A home facility shall have the following equipment:

a. A charged, readily accessible, operable, multi-purpose (ABC class) fire extinguisher that the applicant knows how to operate;

b. At least one UL-approved, working smoke detector, properly mounted on each level of the dwelling;

c. At least two usable outdoor exits;

d. A posted written plan or diagram for emergency evacuation;

e. A working telephone or other two-way communication device acceptable to the Department; and

f. An easily accessible life-saving device if the home facility has a pool or other body of water more than 12 inches deep. A "life-saving device" means a ring buoy with at least 25 feet of 1/2-inch rope attached or a shepherd's crook.

9. If a home facility has a swimming pool or other body of water more than 12 inches deep, the pool or body of water shall be enclosed by a permanent fence that separates it from all other outdoor areas and from doors and windows into the home facility. The fence shall be at least 5 feet high and shall have only self-closing, self-latching, lockable gates. Open spaces between upright or parallel posts and poles on fences and gates shall be no more than 4 inches apart. When the pool or body of water is not in use, the provider shall lock the gates.

10. A provider shall enclose spas and hot tubs with fencing as described in subsection (9), or with a hard, locked cover that prevents access and can support at least 100 pounds.

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Amended effective March 5, 1979 (Supp. 79-2). Section repealed, new Section adopted effective May 11, 1994 (Supp. 94-2). Amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5204 Initial Certification: Department Responsibilities

A. Before issuing a certificate, the Department shall:

1. Conduct at least one face-to-face interview with an applicant;

2. Contact any other person necessary to determine an applicant's fitness to be a certified provider;

3. Ensure that an applicant and all individual backup providers have complied with and satisfy the requirements of R6-5-5202;

4. Inspect the home where an applicant will provide child care, unless it is the child's own home, and ensure that it meets the requirements of R6-5-5203;

5. Conduct a CHILDS Central Registry check for:

a. An applicant;

b. The applicant's household members;

c. The applicant's emancipated children who live outside the applicant's home, if any; and

d. Any individual backup provider.

6. Find that an applicant has the intent and ability to provide child care that is safe, developmentally appropriate, and in compliance with the requirements of this Article.

B. The Department shall objectively determine whether to certify an applicant based on the applicant's entire application package, and the information the Department has acquired during the course of the application process.

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Section repealed, new Section adopted effective May 11, 1994 (Supp. 94-2). Amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5205 Certification Time-frames

For the purpose of A.R.S. § 41-1073, the Department established the following certification time-frames:

1. Administrative completeness review time-frame: 60 days,

2. Substantive review time-frame: 30 days, and

Overall time-frame: 90 days.

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Section repealed, new Section adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5205 renumbered to R6-5-5206 and new Section adopted by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5206 Certificates: Issuance; Non-transferability

A. A certificate is valid for three years from the date of issuance. The Department may revoke a certificate before expiration as provided in this Article and by law.

B. A certificate is not transferable and is valid only for the provider and location identified on the certificate.

C. A provider shall post the certificate in a conspicuous location in the home facility.

D. A certificate is the property of the state of Arizona. Upon revocation or voluntary closure, a provider shall surrender the certificate issued to the provider to the Department within seven days.

E. The Department shall designate on the certificate issued to the provider the total number of children to be allowed in child care at any one time. The total shall not exceed the limits set in R6-5-5220.

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Amended effective February 24, 1977 (Supp. 77-1). Section repealed, new Section adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5206 renumbered to R6-5-5207; new Section R6-5-5206 renumbered from R6-5-5205 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5207 Maintenance of Certification: General Requirements; Training

A. Child care personnel and all individual backup providers shall be fingerprinted and pay all required fingerprint fees within the time prescribed in A.R.S. § 41-1964.

B. A provider and all individual backup providers shall maintain the physical, mental, and emotional health necessary to fulfill all legal requirements for child care providers.

C. No later than 60 days after the date of provider certification, a provider and individual backup providers shall furnish the Department with proof of acceptable first aid training and certification in infant/child cardiopulmonary resuscitation ("CPR"). As used in this Section, "acceptable training" means a classroom or blended-learning course that conforms to the current guidelines of the American Red Cross or the American Heart Association, as confirmed in writing by the training provider. The Department may extend the time for completing this requirement and children may remain in care during an extension, if:

The class was not available within the 60-day time period; or

2. The provider, individual backup provider, or a dependent was ill, and the provider or backup provider was unable to attend a scheduled class due to the illness.

D. A provider and individual backup providers shall maintain current training and certification in first aid and infant/child CPR through acceptable training courses.

E. A certified provider shall attend at least six hours of training each calendar year in any of the following subjects:

1. The Department's child care program, policies, and procedures;

2. Child health and safety, including recognition, control, and prevention of illness and disease;

3. Child growth and development;

4. Child abuse prevention, detection, and reporting;

5. Positive guidance and discipline;

6. Child nutrition;

7. Communication with families; family involvement;

Developmentally appropriate practices; and

9. Other similar subjects designed to improve the provider's ability to provide child care.

F. A provider shall maintain a record of all training, and annually furnish the Department with proof of attendance.

G. A provider shall maintain a safe and clean home facility, including furnishings, equipment, supplies, materials, utensils, toys, and grounds, that meets the standards in this Article.

H. At all times, a provider shall allow the Department access to all parts of the home facility. The Department shall make at least two onsite visits each year to each home facility and in-home provider. At least one visit shall be unannounced.

I. A provider shall allow a parent or a designated representative access to the home facility at all times when the parent's child is present, and shall give parents and designated representatives written notice explaining this right.

J. A provider shall directly supervise a visitor to the home facility while the visitor is in an area with a child in care.

K. A provider shall not expose a child in care to tobacco products or smoke.

L. A provider shall not care for a child while under the influence of alcoholic beverages, medication, or any other substance, that may or does impair the provider's ability to care for a child.

M. A provider shall not consume alcoholic beverages while caring for a child.

N. A provider shall not refuse to provide care to any child on the basis of color, sex, religion, disability, or national origin.

O. If a provider is notified that a child or household member has a communicable disease, the provider shall ensure that a child who lacks written evidence of immunity to the communicable disease is not permitted to be present in the home facility until:

1. A parent provides written evidence of the child's immunity to the disease; or

2. A local health department notifies the provider that the child may return to the home facility

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Section repealed, new Section adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5207 renumbered to R6-5-5208; new Section R6-5-5207 renumbered from R6-5-5206 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2). Amended by final rulemaking at 22 A.A.R. 3185, effective 10/28/2016.
Ariz. Admin. Code § R6-5-5208 Recertification Requirements

A. Before recertifying a provider, the Department shall interview the provider at the location where child care will be provided. The Department Representative may interview an in-home provider at the in-home provider's residence. The interview shall include a discussion and review of the provider's experiences in the provision of child care services during the current certification period.

B. A provider shall demonstrate the continued physical, mental, and emotional health necessary to perform the duties and fulfill the responsibilities in this Article.

C. Before recertification, a provider and designated individual backup provider shall furnish a self statement of physical and mental health and freedom from communicable diseases on a form furnished by the Department.

D. The Department shall renew a certificate only after a provider demonstrates the intent and ability to provide child care that is safe, developmentally appropriate, and in compliance with the requirements of this Article.

E. Unless the Department, in its sole discretion,. accepts a provider's written assurance of future compliance with the requirements of this subsection, the Department shall deny recertification or take other enforcement action when the provider does not accept Department-referred children on three separate occasions unless the refusal is for:

1. Illness, accident, or incapacity of the provider;

2. Illness, accident, or incapacity of any household member, if the existing condition will pose a risk to children in care, or limit the provider's ability to provide child care in accordance with the law;

3. The provider is not equipped or trained to provide care to the referred child, and the provider cannot acquire the equipment or training without undue hardship;

4. The provider has no available slots;

5. The situations listed in R6-5-5222 and a backup provider is unavailable;

6. A child has not been immunized, and the parent or guardian is unwilling to obtain appropriate immunization, in accordance with R6-5-5219(F); or

7. The home facility is in temporary disrepair or under construction.

F. The Department may obtain any supplemental information needed to determine continuing fitness to serve as a certified child care provider.

G. A provider, all household members, and an individual backup provider shall cooperate with the Department in providing all information required for recertification.

H. The Department shall determine whether to recertify a provider based on the provider's original application package, all previous monitoring reports, and all additional information the Department receives during the recertification process.

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Section repealed, new Section adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5208 renumbered to R6-5-5209; new Section R6-5-5208 renumbered from R6-5-5207 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5209 Program and Equipment

A. A provider shall offer a program that is developmentally appropriate for, and meets the needs of each child in care. The daily program and activity schedule shall include a balance of the following:

Indoor and outdoor activities;

Activities that encourage movement and quiet time;

3. Activities that encourage a child's creativity;

4. Individual and group activities;

5. Small and large muscle development activities; and

6. Activities that include social interaction, problem solving, and negotiating skills.

B. A provider shall incorporate into the program each child's daily routine activities, such as diapering, toileting, eating, dressing, resting, and sleeping, in accordance with the developmental needs of each child.

C. A provider shall develop a flexible, developmentally appropriate program that the provider can adjust to accommodate unanticipated events such as the illness of a child or changes in the weather.

D. A provider shall have play equipment and materials sufficient to meet the program requirements described in subsections (A) through (C), and to ensure that all children in care can be occupied in developmentally appropriate play at the same time.

E. A provider who cares for a child who is younger than age 2 shall have a variety of developmentally appropriate play equipment and supplies available for the child, such as:

1. Touch boards;

2. Soft puppets;

3. Soft or plastic blocks;

4. Simple musical instruments;

5. Push-pull toys for beginning walkers;

6. Picture and texture books;

7. Developmentally appropriate art materials, including crayons, paints, finger paints, watercolors, and paper;

8. Simple, 2-3 piece puzzles and peg boards; and

9. Large beads to string or snap.

F. A provider who cares for a child age 2 or older shall have a variety of developmentally appropriate play equipment and supplies available for the child, such as:

1. Art supplies;

2. Blocks and block accessories;

3. Books and posters;

4. Dramatic play areas with toys and dress-up clothes;

5. Large muscle equipment;

6. Manipulative toys;

7. Science materials; and

8. Musical instruments.

G. A provider shall have a bed, cot, mat, crib, or playpen for each child in care who requires a daily nap or rest period. Each infant in care shall have a safe crib, port-a crib, bassinet, or playpen.

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Section repealed, new Section adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5209 renumbered to R6-5-5210; new Section R6-5-5209 renumbered from R6-5-5208 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5210 Safety; Supervision

A. When a provider is unavailable to care for a child for a reason described in R6-5-5222(B), the provider may use only the backup provider designated under R6-5-5202 or R6-5-5222(E).

B. A provider shall give parents and guardians written notice of the provider's backup care plan.

C. A provider shall not engage in activities that interfere with the ability to supervise and care for children, including other employment, and volunteer or recreational activities. An in-home provider shall not perform housekeeping duties unrelated to the care of the child.

D. A provider shall directly supervise each child who is awake.

E. A provider shall have unobstructed access to and shall be able to hear each child who is sleeping.

F. A provider shall not permit a child in care to use a spa or hot tub.

G. A provider shall have written permission from a parent or guardian before allowing a child to engage in water play. In this subsection, "water play" means any activity in which water is likely to get into a child's ears.

H. A provider shall directly supervise any child who is in a pool area.

I. A provider shall accompany a child who is using a public or semi-public swimming place.

J. A provider shall have written permission from a child's parent or designated representative to bathe or shower the child, or to allow the child to bathe or shower independently.

K. A provider shall not permit a child younger than age 6 to bathe or shower unsupervised.

L. A provider shall report suspected child abuse or neglect to CPS or the local law enforcement department as required by A.R.S. § 13-3620.

M. A provider shall use developmentally appropriate precautions to separate a child in care from hazardous areas, including locked doors and safe portable folding gates.

N. A provider shall release a child only to the child's parent or to an adult who has been designated in writing by the parent.

O. A provider shall not allow a person addicted to or under the influence of illegal drugs or alcohol in the home facility while children in care are present.

P. A provider shall not permit a person who is abusive to children, or who uses unacceptable disciplinary methods as described in R6-5-5212, into the home facility when children in care are present.

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Amended effective March 5, 1979 (Supp. 79-2). Section repealed, new Section adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5210 renumbered to R6-5-5211; new Section R6-5-5210 renumbered from R6-5-5209 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5211 Sanitation

A. A provider and each child in care shall wash their hands with soap and running water after playing with animals or using the toilet, and before and after handling, serving, or eating food. If a child cannot reach a sink with running water, due to the child's age or some limiting condition, the provider shall clean that child's hands with an individual, clean, washcloth.

B. A provider shall wash, in hot soapy water, and sanitize, all utensils used for eating, drinking, and food preparation.

C. A provider shall have a garbage can with a close-fitting lid.

D. A provider shall dispose of garbage in the home facility at least once a day.

E. A provider shall empty and sanitize wading pools measuring 12 inches deep or less, after each use.

F. A provider shall maintain, in a sanitary condition, a swimming pool or other area or container, which is more than 12 inches deep and used for water play.

G. A provider shall frequently check the diaper of each child in care and shall immediately change a soiled diaper.

H. A provider shall have sanitary arrangements for diaper changing and disposal of soiled diapers, including the following:

1. The diaper changing area shall not be in an area where food is prepared or consumed;

2. The diapering surface shall be cleaned, sanitized, and dried after each diaper change;

3. Following bulk stool disposal into a toilet, soiled cloth diapers shall not be rinsed, but shall be bagged in plastic, individually labeled with child's name, stored in a covered container out of reach of children, and returned to the child's parent each day; and

4. Soiled disposable diapers shall be discarded in a tightly covered, lined container out of reach of children.

I. Before and after each diaper change, a provider shall wash hands with soap and running water in a sink not used for food preparation.

J. A provider shall sanitize a bathtub before bathing each child in care.

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Section repealed, new Section adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5211 renumbered to R6-5-5212; new Section R6-5-5211 renumbered from R6-5-5210 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5212 Discipline

A. A certified provider and all individual backup providers shall sign a written agreement to abide by the Department's policy on developmentally appropriate discipline.

B. Only a provider may discipline a child in care;

C. A provider may physically restrain a child whose behavior is uncontrolled, only when the physical restraint:

1. Is necessary to prevent harm to the child or others;

2. Occurs simultaneously with the uncontrolled behavior;

3. Does not impair the child's breathing; and

4. Cannot harm the child.

A provider shall use the minimum amount of restraint necessary to bring the child's behavior under control.

D. A provider shall not use the following disciplinary measures:

1. Corporal punishment, including shaking, biting, hitting, or putting anything in a child's mouth;

2. Placing a child in isolation or in a closet, laundry room, garage, shed, basement, or attic;

3. Locking a child out of the home facility;

4. Placing a child in any area where the provider cannot directly supervise the child;

5. Methods detrimental to the health or emotional needs of a child;

6. Administering medications;

7. Mechanical restraints of any kind;

8. Techniques intended to humiliate or frighten a child;

Discipline associated with eating, sleeping, or toileting; or

10. Abusive or profane language.

E. As a disciplinary measure, a provider may place a child in time out. During the time out period, the provider shall keep the child in full view. Time out shall not be used for children less than age 3.

F. A provider shall maintain consistent, reasonable rules that define acceptable behavior for a child in care.

G. A provider shall use discipline only to teach acceptable behavior and to promote self-discipline, not for punishment or retribution.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5212 renumbered to R6-5-5213; new Section R6-5-5212 renumbered from R6-5-5211 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5213 Evening and Nighttime Care

A. A provider who offers evening or nighttime care shall remain awake until each child in care is asleep.

B. A provider who offers nighttime care shall have a safe and sturdy crib for each infant, and a safe and sturdy bed or cot with mattress for each child. Crib bars or slats shall be no more than 2 3/8 inches apart, and the crib mattress shall fit snugly into the crib frame so that no space remains between the mattress and frame.

C. A provider may allow siblings to share a bed only if the provider has received written parental permission.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5213 renumbered to R6-5-5214; new Section R6-5-5213 renumbered from R6-5-5212 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5214 Children Younger Than Age 2

A provider who cares for a child younger than age 2 shall comply with the following requirements:

1. A provider shall frequently hold a child and give each infant and toddler physical contact and attention throughout the day.

2. A provider shall respond promptly to a child's distress signals and need for comfort.

3. A provider shall get written permission from a parent or guardian to give a child a bedtime or nap-time bottle. If the provider receives permission, the provider shall use only water in the bottles, unless otherwise directed by the child's physician.

4. A provider shall not confine a child in a crib, high chair, swing, or playpen, for more than one consecutive waking hour.

5. A provider shall not feed cereal by bottle, except with the written instruction of a physician.

6. A provider shall hold an infant younger than age 1 for any bottle feeding, and shall not prop bottles with a child in care.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5214 renumbered to R6-5-5215; new Section R6-5-5214 renumbered from R6-5-5213 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5215 Children with Special Needs

A. When enrolling a child with special needs, a provider shall comply with the requirements of this Section:

1. A provider shall consult with parents to establish a mutually agreed upon plan regarding services for a child with special needs;

2. A provider shall have the physical ability and appropriate training to provide the care required by a child with special needs;

3. A provider shall use best efforts to integrate a child with special needs into the daily activities of the home facility in a manner that is the least restrictive, and that meets the child's individual needs;

4. If a provider regularly cares for a child with special needs older than age 3 who requires diapering, the home facility shall have a diaper changing area that permits the child to have privacy. Proper sanitation shall be maintained as described in R6-5-5211.

B. A provider shall make reasonable accommodations in the home facility, equipment, and materials for a child with special needs.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5215 renumbered to R6-5-5216; new Section R6-5-5215 renumbered from R6-5-5214 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5216 Transportation

A. A provider shall obtain prior written permission from a child's parent before transporting a child in a privately owned vehicle or on public transportation.

B. A provider shall ensure that a child in care is transported in a private vehicle by a person who has:

1. A valid Arizona driver's license;

2. Automobile insurance that meets the financial responsibility requirement of Arizona law; and

3. No convictions for driving while intoxicated within three years before the date of transportation.

C. A provider shall transport a child only in a mechanically safe vehicle. "Mechanically safe" means a vehicle with:

Functioning brakes, signal lights, and headlights;

2. Tires with tread; and

3. Structural integrity.

D. A provider shall not transport a child on a motorcycle or in a vehicle that is not constructed for the purpose of transporting people, such as a truck bed, camper, or any trailered attachment to a motor vehicle.

E. A provider shall transport a child in a separate car seat, seat belt, or child-restraint device in compliance with A.R.S. § 28-907.

F. A provider shall never leave a child unattended in a vehicle.

G. A provider shall maintain first-aid supplies in a privately owned vehicle used to transport children in care.

H. A provider shall carry a child's emergency-information card when transporting a child in care.

I. A provider shall sign a form that states that the provider will abide by R6-5-5216.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5216 renumbered to R6-5-5217; new Section R6-5-5216 renumbered from R6-5-5215 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5217 Meals and Nutrition

A. A provider shall serve a child in care wholesome and nutritious foods and beverages. In this Section, "wholesome and nutritious" means foods and beverages consistent with the requirements of 7 CFR 226.20 (January 1, 1998), which is incorporated by reference and available for inspection at the Department's Authority Library, 1789 West Jefferson, Phoenix, Arizona 85007 and in the office of the Secretary of State at 1700 West Washington, Phoenix, Arizona. The incorporated material contains no later amendments or editions.

B. A provider shall supplement meals and snacks supplied by a parent when the supplied food does not provide a child with a wholesome and nutritious diet.

C. A provider shall make available to a child in care meals and snacks that satisfy the child's appetite and dietary needs.

D. A provider shall consult with a parent to identify, in writing, any special dietary needs or instructions for a child in care.

E. A provider shall give a child any necessary assistance in feeding and shall teach self-feeding skills, but shall not force a child to eat.

F. A provider shall monitor all perishable foods, including infant formulas and sack lunches. The provider shall ensure that food is individually labeled with a child's name, dated, covered, and properly stored to prevent spoilage at temperatures of 45ºF or less.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5217 renumbered to R6-5-5218; new Section R6-5-5217 renumbered from R6-5-5216 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2). Amended by final rulemaking at 22 A.A.R. 3185, effective 10/28/2016.
Ariz. Admin. Code § R6-5-5218 Health Care; Medications

A. When a provider enrolls a child for care, the provider shall make written arrangements with the child's parent for emergency medical care of the child.

B. If a child becomes ill while in care, a provider shall:

1. Make the child comfortable and keep the child in full view; and

2. Notify the parent or other designated person that the child is ill and must be immediately removed from care.

C. A provider shall notify the parent of other children in care when a child in care contracts an infectious illness.

D. A provider shall not provide care while knowingly infected with or presenting symptoms of an infectious disease.

E. If a child exhibits symptoms of an infectious disease, the child may return to care when fever free and symptom free, or with written permission from the child's medical practitioner that returning will not endanger the health of the child or other children in care.

F. A provider shall not admit a child in need of professional medical attention to the home facility and shall direct the parent to obtain medical attention for the child.

G. Only a provider shall administer medication with signed written instructions for administering the medication from the child's parent.

H. A provider shall not administer:

1. Medication that is date expired or in something other than its original container; or

2. Prescription medication that does not bear the date of issue, the child's name, the amount and frequency of dosage, and the doctor's name.

I. A provider shall maintain a written log of all medications administered. The log shall include:

1. The name of the child receiving the medication;

2. The name of the medication;

3. The date and time of administration; and

4. The dosage administered.

J. A provider shall use a sanitary medication measure for accurate dosage.

K. A provider shall keep all medication in a locked storage container, and refrigerate if necessary.

L. A provider shall have first-aid supplies available at the home facility, which shall be administered only by the provider.

M. A provider is responsible for obtaining only emergency medical treatment for a child in care.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5218 renumbered to R6-5-5219; new Section R6-5-5218 renumbered from R6-5-5217 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2). Amended by final rulemaking at 22 A.A.R. 3185, effective 10/28/2016.
Ariz. Admin. Code § R6-5-5219 Recordkeeping; Unusual incidents; Immunizations

A. A provider shall maintain a daily attendance log on a Department-approved form and shall require that each child be signed in and out on the log by the parent or other individual designated in writing by the parent.

B. On a form approved by the Department, a provider shall promptly log all accidents, injuries, behavior problems, or other unusual incidents at the home facility, including any suspected child abuse or neglect.

C. A provider shall immediately report all unusual incidents to a parent or guardian of the child involved and shall report the incidents to the Department within 24 hours of the time of occurrence.

D. A provider shall maintain records in accordance with the requirements of the provider's child care registration agreement. The provider shall make the following records readily available for inspection by the Department and shall keep them separate from household and other personal records:

Information listed in subsection (E):

2. Immunization records identified in subsection (F) and R6-5-5202(L);

3. Documentary evidence of freedom from communicable tuberculosis as required by R6-5-5202(M);

4. The provider's certification, re-certification, and monitoring records;

5. Health records of child care personnel;

6. The provider's training records;

7. Unusual incident reports; and

8. Daily logs of attendance, accidents, injuries, medications administered, behavior problems, or other unusual incidents.

E. A provider shall maintain at least the following information for each child in care:

1. The child's name, home address, telephone number, gender, and date of birth;

2. The name, home and business addresses, and telephone numbers of the child's parent;

3. The name, address and telephone number of the child's physician or health care provider and hospital;

4. Authorization and instructions for emergency medical care when the parent cannot be located; and

5. Written authorization to release a child to any individual other than the parent and the name, home and work addresses, and telephone numbers of that individual.

F. A provider shall maintain an immunization record or exemption affidavit for each child in care.

1. Documentation required under this subsection is limited to:

a. An immunization record prepared by the child's health care provider stating that child has received current, age-appropriate immunizations specified in R9-6-702, including immunizations for Diphtheria, Haemophilus influenzae type b, Hepatitis B, Measles, Mumps, Pertussis, Poliomyelitis, Rubella, and Tetanus;

b. An affidavit signed by the child's health care provider stating that the child has a medical condition that causes the required immunizations to endanger the child's health; or

c. An affidavit signed by the child's parent stating that the child is being raised in a religion whose teachings oppose immunization.

2. If a child has received all current immunizations but requires further inoculations to be fully immunized, the provider shall require the parent to verify that the parent will have the child complete all immunizations in accordance with the DHS recommended schedule identified in R9-6-702 . The provider shall:

a. Require the parent to produce documented records from the child's health care provider of the immunizations as they are completed; and

b. Maintain the records as required by subsection (F)(1).

The provider shall not permit a child in care to remain enrolled for more than 15 days if the parent does not provide proof of current, age-appropriate immunizations, a statement of timely completion of further inoculations, or exemption from immunization.

G. Children exempted from immunizations for religious or medical reasons shall be excluded from the home facility if there is an outbreak of an immunizable disease at the home facility.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5219 renumbered to R6-5-52020; new Section R6-5-5219 renumbered from R6-5-5218 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2). Amended by final rulemaking at 22 A.A.R. 3185, effective 10/28/2016.
Ariz. Admin. Code § R6-5-5220 Provider/child Ratios

A. The Department may certify a provider in a home facility to care for a maximum of four children at a time, from birth through age 12, for compensation. A provider in a home facility may care for a maximum of six children at a time, from birth through age 12, or a child age 13 or older who is a child with special needs, when all of the following conditions are met:

1. No more than four children in care are for compensation; and

2. No more than two of the children in care are younger than age 1, unless a sibling group.

B. The Department may certify an in-home provider to provide the following care:

1. An in-home provider may care for a sibling group of no more than six children.

2. An in-home provider shall care only for the children who live in that home.

3. An in-home provider may bring the in-home provider's own children to the in-home location with the written permission of the client, and so long as the total number of children at the in-home location does not exceed six children.

C. The Department may further limit the ratios allowed in subsections (A) and (B) to protect the well-being of children in care. The Department may impose additional restrictions when:

1. There are more than two children residing in the home facility who are counted in the ratio;

2. The Department determines that the home facility and the furnishings are inadequate to accommodate four children at a time for compensation, as provided in Section R6-5-5203(6);

3. The Department has determined that a provider is physically unable to care for four children at a time; for compensation or

4. A provider requests certification for fewer than four children at a time for compensation.

D. For the sole purpose of establishing and monitoring ratios, the Department shall not count any child who is age 13 or older, except as provided in subsection (A) for a child with special needs.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5220 renumbered to R6-5-5221; new Section R6-5-5220 renumbered from R6-5-5219 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5221 Change Reporting Requirements

At least 15 days before the effective date of any scheduled change, or within 24 hours after an unscheduled change, which significantly affects the provision of child care services, a provider shall furnish the Department with written notice of the change. Significant changes include, but are not limited to:

1. Home remodeling;

2. Home repair;

3. Pool installation;

4. Relocating to a new residence;

5. Change in household composition;

6. Telephone number change;

7. Change of backup provider;

8. Voluntarily relinquishing the certificate; and

9. Any other change in the home facility or the provider's personal circumstances that affect the provider's ability to provide stable child care services.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5221 renumbered to R6-5-5222; new Section R6-5-5221 renumbered from R6-5-5220 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5222 Use of a Backup Provider

A. A provider shall maintain a backup provider, and shall keep clients and the Department apprised of the backup provider's identity and location.

B. A provider may use a backup provider only in the following circumstances:

1. When the provider is ill;

2. When the provider is attending to an emergency related to the provision of child care;

3. When the provider has an emergency involving the provider or the provider's dependent family members;

4. When the provider needs to attend a non-emergency appointment for the provider or the provider's dependent family members, and the provider cannot schedule the appointment outside of normal child care hours;

5. When the provider is attending classes to meet training requirements listed in this Article; or

6. When the provider is taking a vacation.

C. At the time of enrollment of a child in care, a provider shall advise the parent of the possible use of a backup provider.

D. A provider shall notify the Department within 24 hours of the onset of the use of a backup provider.

E. When a provider designates a new backup provider, the provider shall ensure that the backup provider meets the requirements for backup providers in R6-5-5202.

F. A provider shall execute a backup provider agreement form furnished by the Department, which identifies the backup provider and contains assurances that the backup provider will be used in accordance with the requirement of this Section.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5222 renumbered to R6-5-5223; new Section R6-5-5222 renumbered from R6-5-5221 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5223 Claims for Payment

A. A provider shall submit claims for payment in the manner prescribed in the child care registration agreement with the Department.

B. A provider shall make all financial arrangements with a backup provider. The Department shall not make direct payments to the backup provider.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5223 renumbered to R6-5-5224; new Section R6-5-5223 renumbered from R6-5-5222 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5224 Complaints; Investigations

A. Any person may register, with the Department, a written or verbal complaint about a provider or the operation of a home facility. Upon receipt of a complaint, or in response to the observations of Department staff, the Department shall investigate the allegations made and any matters related to certification and compliance with the child care registration agreement.

B. A provider who is the subject of a complaint shall cooperate with the Department in conducting an investigation. The provider shall allow a Department representative to inspect the home facility and all records, and to interview any child care personnel, or household member.

C. The Department shall maintain a file on all complaints against a provider and shall make information on valid complaints available to parents and to the general public upon request and as permitted by law.

D. Following an investigation, the Department shall take appropriate administrative action as described in this Article.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5224 renumbered to R6-5-5225; new Section R6-5-5224 renumbered from R6-5-5223 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5225 Probation

A. The Department may place a provider on probation when a Department representative observes a problem or the Department receives and validates a complaint in an area of noncompliance that does not endanger a child in care.

B. The Department shall set a term of probation that does not exceed 30 days.

C. The Department may suspend a provider's child care certificate if the same infraction that resulted in probation is repeated during a provider's current certification period and the Department determines that the provider has not demonstrated either the intent or ability to comply with the requirements of this Article.

D. The Department shall not authorize any new child for payment to a provider who is on probation. Children already in that provider's care may remain authorized.

E. Probationary status is not appealable.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5225 renumbered to R6-5-5226; new Section R6-5-5225 renumbered from R6-5-5224 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5226 Certification, Denial, Suspension, and Revocation

A. The Department may deny, suspend, or revoke certification when:

1. An applicant or provider violates or fails to comply with any statute or rule applicable to the provision of Child Care Services.

2. An applicant or provider has a certificate or license to operate a child care home or facility denied, revoked, or suspended in any state or jurisdiction.

3. An applicant or provider fails to disclose requested information or provides false or misleading information to the Department.

4. A provider's contract with the Department to furnish child care services expires or is terminated.

5. Child care personnel fail or refuse to comply with or meet the requirements of A.R.S. § 41-1964.

6. A provider fails or refuses to correct or repeats a violation that resulted in probation or suspension.

7. The Department, through its CPS hotline, receives a report of alleged child maltreatment by an applicant, provider, or household member who is under investigation by CPS or a law enforcement agency or is being reviewed in a civil, criminal, or administrative hearing.

8. An applicant or provider fails or refuses to cooperate with the Department in providing information required by these rules or any information necessary to determine compliance with these rules.

9. An applicant, provider, or household member engages in any activity or circumstance that may threaten or adversely affect the health, safety, or welfare of children, including inadequate supervision or failure to protect from actual or potential harm.

10. An applicant or provider is unable or unwilling to meet the physical, emotional, social, educational, or psychological needs of children.

11. The Department, through its CPS hotline, receives a report of alleged child maltreatment in a home facility that is under investigation by CPS or a law enforcement agency or is being reviewed in a civil, criminal, or administrative proceeding.

12. An applicant, provider, or household member is the subject of a substantiated or undetermined report of child maltreatment in any state or jurisdiction. Substantiated child maltreatment includes, but is not limited to, a probable cause finding by CPS or a law enforcement agency.

13. CPS or a law enforcement agency substantiates a report of child maltreatment in a home facility.

B. In determining whether to take disciplinary action against a provider, or to grant or renew a certificate, the Department may evaluate the provider's history from other certification periods, both in Arizona and in other jurisdictions, and shall consider multiple violations of statutes or rules applicable to the provision of child care services as evidence that the applicant or provider is unable or unwilling to meet the needs of children.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5226 repealed; new Section renumbered from R6-5-5225 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5227 Adverse Action; Notice Effective Date

A. When the Department denies, suspends, or revokes certification, it shall mail a written, dated notice of the adverse action to the applicant or the provider at the applicant's or provider's last known address.

B. A notice of adverse action shall specify:

1. The adverse action taken and date the action will be effective;

2. The reasons supporting the adverse action; and

3. The procedures by which the applicant or provider may contest the action taken and the time period in which to do so.

C. Except as provided in subsection (D), a revocation, suspension, or denial of recertification is effective 20 calendar days from the date on the notice or letter advising the provider of the adverse action.

D. A suspension, revocation, or denial of recertification is effective on the date of the notice or letter advising the person of the adverse action if:

1. The adverse action is based on the failure of child care personnel to comply with or meet the requirements of A.R.S. § 41-1964; or

2. The Department bases the adverse action on a determination that the health, safety, or welfare of a child in care is in jeopardy.

E. The Department shall stop payment authorization for all subsidized children in care on the effective date of a suspension, revocation, or denial of recertification.

F. The Department shall not authorize the referral of additional children to a provider after mailing a notice of adverse action to the provider's last known address.

History

  • Adopted effective May 11, 1994 (Supp. 94-2). Amended effective June 4, 1998 (Supp. 98-2). Former Section R6-5-5227 renumbered to R6-5-5228 and new Section adopted by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).
Ariz. Admin. Code § R6-5-5228 Appeals

A. An applicant or provider may appeal the following Department decisions:

1. Denial of certification or re-certification;

2. Suspension of a certificate; and

3. Revocation of a certificate.

B. A person who wishes to appeal an adverse action shall file a written request for a hearing with the Department within 15 calendar days of the date on the notice or letter advising the provider of the adverse action.

C. The Department shall conduct a hearing as prescribed in 6 A.A.C. 5, Article 75. Decisions based on failure to clear a fingerprint check or criminal history check are not appealable under this Article.

D. Matters relating to contractual agreements with the Department, including payment rates and amounts, are not appealable under this Article.

E. When an adverse action based on R6-5-5226(A)(7) is appealed under this Article, allegations of child maltreatment are not at issue and shall not be adjudicated in an administrative proceeding conducted under subsection (C).

History

  • New Section R6-5-5228 renumbered from R6-5-5227 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).

Article 55 EXPIRED

Ariz. Admin. Code § R6-5-5501 Expired

History

  • Adopted effective June 2, 1976 (Supp. 76-3). Former Section R6-5-5501 repealed, new Section R6-5-5501 adopted effective December 8, 1983 (Supp. 83-6). Amended by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5502 Expired

History

  • Adopted effective June 2, 1976 (Supp. 76-3). Former Section R6-5-5502 repealed, new Section R6-5-5502 adopted effective December 8, 1983 (Supp. 83-6). Section repealed, new Section adopted at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Numbering of subsection (C)(3) amended to correct typographical error (Supp. 00-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5503 Expired

History

  • Adopted effective June 2, 1976 (Supp. 76-3). Former Section R6-5-5503 repealed, new Section R6-5-5503 adopted effective December 8, 1983 (Supp. 83-6). Section repealed, new Section adopted at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5504 Expired

History

  • Adopted effective June 2, 1976 (Supp. 76-3). Former Section R6-5-5504 repealed, new Section R6-5-5504 adopted effective December 8, 1983 (Supp. 83-6). Section repealed, new Section adopted at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5505 Expired

History

  • Former Section R6-5-5505 repealed effective December 8, 1983 (Supp. 83-6). New Section adopted by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5506 Expired

History

  • Former Section R6-5-5506 repealed effective December 8, 1983 (Supp. 83-6). New Section adopted by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5507 Expired

History

  • Former Section R6-5-5507 repealed effective December 8, 1983 (Supp. 83-6). New Section adopted by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5508 Expired

History

  • Former Section R6-5-5508 repealed effective December 8, 1983 (Supp. 83-6). New Section adopted by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5509 Expired

History

  • Former Section R6-5-5509 repealed effective December 8, 1983 (Supp. 83-6). New Section adopted by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5510 Expired

History

  • Former Section R6-5-5510 repealed effective December 8, 1983 (Supp. 83-6). New Section adopted by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5511 Expired

History

  • Former Section R6-5-5511 repealed effective December 8, 1983 (Supp. 83-6). New Section adopted by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5512 Expired

History

  • Former Section R6-5-5512 repealed effective December 8, 1983 (Supp. 83-6). New Section adopted by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5513 Expired

History

  • Former Section R6-5-5513 repealed effective December 8, 1983 (Supp. 83-6). New Section adopted by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5514 Expired

History

  • Former Section R6-5-5514 repealed effective December 8, 1983 (Supp. 83-6). New Section adopted by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5515 Expired

History

  • Former Section R6-5-5515 repealed effective December 8, 1983 (Supp. 83-6). New Section adopted by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5516 Expired

History

  • Former Section R6-5-5516 repealed effective December 8, 1983 (Supp. 83-6). New Section adopted by final rulemaking at 5 A.A.R. 444, effective January 15, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5517 [REPEALED]

History

  • Former Section R6-5-5517 repealed effective December 8, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-5-5518 [REPEALED]

History

  • Former Section R6-5-5518 repealed effective December 8, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-5-5519 [REPEALED]

History

  • Former Section R6-5-5519 repealed effective December 8, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-5-5520 [REPEALED]

History

  • Former Section R6-5-5520 repealed effective December 8, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-5-5521 [REPEALED]

History

  • Former Section R6-5-5521 repealed effective December 8, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-5-5522 [REPEALED]

History

  • Former Section R6-5-5522 repealed effective December 8, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-5-5523 [REPEALED]

History

  • Former Section R6-5-5523 repealed effective December 8, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-5-5524 [REPEALED]

History

  • Former Section R6-5-5524 repealed effective December 8, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-5-5525 [REPEALED]

History

  • Former Section R6-5-5525 repealed effective December 8, 1983 (Supp. 83-6).
Ariz. Admin. Code § R6-5-5526 [REPEALED]

History

  • Former Section R6-5-5526 repealed effective December 8, 1983 (Supp. 83-6).

Article 56 EXPIRED

Ariz. Admin. Code § R6-5-5601 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5601 repealed, new Section R6-5-5601 adopted effective January 13, 1977 (Supp. 77-1). R6-5-5601 recodified to A.A.C. R6-8-201 effective February 13, 1996 (Supp. 96-1). New Section adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 18 A.A.R. 2708, effective December 2, 2012 (Supp. 12-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 465, effective January 11, 2017 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5602 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5602 repealed, new Section R6-5-5602 adopted effective January 13, 1977 (Supp. 77-1). R6-5-5602 recodified to A.A.C. R6-8-202 effective February 13, 1996 (Supp. 96-1). New Section adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 18 A.A.R. 2708, effective December 2, 2012 (Supp. 12-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 465, effective January 11, 2017 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5603 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5603 repealed, new Section R6-5-5603 adopted effective January 13, 1977 (Supp. 77-1). R6-5-5603 recodified to A.A.C. R6-8-203 effective February 13, 1996 (Supp. 96-1). New Section adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 18 A.A.R. 2708, effective December 2, 2012 (Supp. 12-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 465, effective January 11, 2017 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5604 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5604 repealed, new Section R6-5-5604 adopted effective January 13, 1977 (Supp. 77-1). R6-5-5604 recodified to A.A.C. R6-8-204 effective February 13, 1996 (Supp. 96-1). New Section adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 18 A.A.R. 2708, effective December 2, 2012 (Supp. 12-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 465, effective January 11, 2017 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5605 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5604 renumbered as Section R6-5-5605 effective January 13, 1977 (Supp. 77-1). R6-5-5605 recodified to A.A.C. R6-8-205 effective February 13, 1996 (Supp. 96-1). New Section adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2). Amended by final rulemaking at 18 A.A.R. 2708, effective December 2, 2012 (Supp. 12-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 465, effective January 11, 2017 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5606 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5605 renumbered as Section R6-5-5606 effective January 13, 1977 (Supp. 77-1). R6-5-5606 recodified to A.A.C. R6-8-206 effective February 13, 1996 (Supp. 96-1). New Section adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2). Section R6-5-5606 repealed; new Section R6-5-5606 renumbered from R6-5-5607 and amended by final rulemaking at 18 A.A.R. 2708, effective December 2, 2012 (Supp. 12-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 465, effective January 11, 2017 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5607 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5606 renumbered as Section R6-5-5607 effective January 13, 1977 (Supp. 77-1). R6-5-5607 recodified to A.A.C. R6-8-207 effective February 13, 1996 (Supp. 96-1). New Section adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2). Section R6-5-5607 renumbered to R6-5-5606; new Section R6-5-5607 renumbered from R6-5-5608 and amended by final rulemaking at 18 A.A.R. 2708, effective December 2, 2012 (Supp. 12-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 465, effective January 11, 2017 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5608 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5607 renumbered as Section R6-5-5608 effective January 13, 1977 (Supp. 77-1). R6-5-5608 recodified to A.A.C. R6-8-208 effective February 13, 1996 (Supp. 96-1). New Section adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2). Section R6-5-5608 renumbered to R6-5-5607; new Section R6-5-5608 renumbered from R6-5-5609 and amended by final rulemaking at 18 A.A.R. 2708, effective December 2, 2012 (Supp. 12-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 465, effective January 11, 2017 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5609 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5608 renumbered as Section R6-5-5609 effective January 13, 1977 (Supp. 77-1). R6-5-5609 recodified to A.A.C. R6-8-209 effective February 13, 1996 (Supp. 96-1). New Section adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2). Section R6-5-5609 renumbered to R6-5-5608; new Section R6-5-5609 renumbered from R6-5-5610 and amended by final rulemaking at 18 A.A.R. 2708, effective December 2, 2012 (Supp. 12-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 465, effective January 11, 2017 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5610 Expired

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5609 renumbered as Section R6-5-5610 effective January 13, 1977 (Supp. 77-1). R6-5-5610 recodified to A.A.C. R6-8-210 effective February 13, 1996 (Supp. 96-1). New Section adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2). Section R6-5-5610 renumbered to R6-5-5609; new Section R6-5-5610 renumbered from R6-5-5612 and amended by final rulemaking at 18 A.A.R. 2708, effective December 2, 2012 (Supp. 12-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 465, effective January 11, 2017 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5611 [REPEALED]

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5610 renumbered as Section R6-5-5611 effective January 13, 1977 (Supp. 77-1). R6-5-5611 recodified to A.A.C. R6-8-211 effective February 13, 1996 (Supp. 96-1). New Section adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2). Section heading corrected at request of the Department, Office File No. M12-330, filed September 4, 2012 (Supp. 12-2). Repealed by final rulemaking at 18 A.A.R. 2708, effective December 2, 2012 (Supp. 12-4).
Ariz. Admin. Code § R6-5-5612 Renumbered

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5611 renumbered as Section R6-5-5612 effective January 13, 1977 (Supp. 77-1). R6-5-5612 recodified to A.A.C. R6-8-212 effective February 13, 1996 (Supp. 96-1). New Section adopted by final rulemaking at 5 A.A.R. 1804, effective May 18, 1999 (Supp. 99-2). R6-5-5612 renumbered to R6-5-5610 by final rulemaking at 18 A.A.R. 2708, effective December 2, 2012 (Supp. 12-4).
Ariz. Admin. Code § R6-5-5613 Recodified

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5612 renumbered as Section R6-5-5613 effective January 13, 1977 (Supp. 77-1). R6-5-5613 recodified to A.A.C. R6-8-213 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-5-5614 Recodified

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5613 renumbered as Section R6-5-5614 effective January 13, 1977 (Supp. 77-1). R6-5-5614 recodified to A.A.C. R6-8-214 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-5-5615 Recodified

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5614 renumbered as Section R6-5-5615 effective January 13, 1977 (Supp. 77-1). R6-5-5615 recodified to A.A.C. R6-8-215 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-5-5616 Recodified

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5615 renumbered as Section R6-5-5616 effective January 13, 1977 (Supp. 77-1). R6-5-5616 recodified to A.A.C. R6-8-216 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-5-5617 Recodified

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5616 renumbered as Section R6-5-5617 effective January 13, 1977 (Supp. 77-1). R6-5-5617 recodified to A.A.C. R6-8-217 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-5-5618 Recodified

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5617 renumbered as Section R6-5-5618 effective January 13, 1977 (Supp. 77-1). R6-5-5618 recodified to A.A.C. R6-8-218 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-5-5619 Recodified

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5618 renumbered as Section R6-5-5619 effective January 13, 1977 (Supp. 77-1). R6-5-5619 recodified to A.A.C. R6-8-219 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-5-5620 Recodified

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5619 renumbered as Section R6-5-5620 effective January 13, 1977 (Supp. 77-1). R6-5-5620 recodified to A.A.C. R6-8-220 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-5-5621 Recodified

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5620 renumbered as Section R6-5-5621 effective January 13, 1977 (Supp. 77-1). R6-5-5621 recodified to A.A.C. R6-8-221 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-5-5622 Recodified

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5621 renumbered as Section R6-5-5622 effective January 13, 1977 (Supp. 77-1). R6-5-5622 recodified to A.A.C. R6-8-222 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-5-5623 Recodified

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5622 renumbered as Section R6-5-5623 effective January 13, 1977 (Supp. 77-1). R6-5-5623 recodified to A.A.C. R6-8-223 effective February 13, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-5-5624 Recodified

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5623 renumbered as Section R6-5-5624 effective January 13, 1977 (Supp. 77-1). R6-5-5624 recodified to A.A.C. R6-8-224 effective February 13, 1996 (Supp. 96-1).

Article 57 REPEALED

Ariz. Admin. Code § R6-5-5701 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-5701 repealed, new Section R6-5-5701 adopted effective November 5, 1984 (Supp. 84-6). Repealed effective April 9, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-5702 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-5702 repealed, new Section R6-5-5702 adopted effective November 5, 1984 (Supp. 84-6). Repealed effective April 9, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-5703 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-5703 repealed, new Section R6-5-5703 adopted effective November 5, 1984 (Supp. 84-6). Repealed effective April 9, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-5704 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-5704 repealed, new Section R6-5-5704 adopted effective November 5, 1984 (Supp. 84-6). Repealed effective April 9, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-5705 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-5705 repealed, new Section R6-5-5705 adopted effective November 5, 1984 (Supp. 84-6). Repealed effective April 9, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-5706 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-5706 repealed, new Section R6-5-5706 adopted effective November 5, 1984 (Supp. 84-6). Repealed effective April 9, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-5707 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-5707 repealed, new Section R6-5-5707 adopted effective November 5, 1984 (Supp. 84-6). Repealed effective April 9, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-5708 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-5708 repealed, new Section R6-5-5708 adopted effective November 5, 1984 (Supp. 84-6). Repealed effective April 9, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-5709 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Former Section R6-5-5709 repealed, new Section R6-5-5709 adopted effective November 5, 1984 (Supp. 84-6). Repealed effective April 9, 1998 (Supp. 98-2).

Article 58 EXPIRED

Ariz. Admin. Code § R6-5-5801 Expired

History

  • Adopted effective March 30, 1977 (Supp. 77-2). Former Section R6-5-5801 repealed, new Section R6-5-5801 adopted effective April 1, 1981 (Supp. 81-2). Former Section R6-5-5801 repealed, new Section R6-5-5801 adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5802 Expired

History

  • Adopted effective March 30, 1977 (Supp. 77-2). Former Section R6-5-5802 repealed, new Section R6-5-5802 adopted effective April 1, 1981 (Supp. 81-2). Former Section R6-5-5802 repealed, new Section R6-5-5802 adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5803 Expired

History

  • Adopted effective March 30, 1977 (Supp. 77-2). Amended effective August 15, 1979 (Supp. 79-4). Former Section R6-5-5803 repealed, new Section R6-5-5803 adopted effective April 1, 1981 (Supp. 81-2). Former Section R6-5-5803 repealed, new Section R6-5-5803 adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5804 Expired

History

  • Adopted effective March 30, 1977 (Supp. 77-2). Former Section R6-5-5804 repealed, new Section R6-5-5804 adopted effective April 1, 1981 (Supp. 81-2). Former Section R6-5-5804 repealed, new Section R6-5-5804 adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5805 Expired

History

  • Adopted effective March 30, 1977 (Supp. 77-2). Former Section R6-5-5805 repealed, new Section R6-5-5805 adopted effective April 1, 1981 (Supp. 81-2). Former Section R6-5-5805 repealed, new Section R6-5-5805 adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5806 Expired

History

  • Adopted effective March 30, 1977 (Supp. 77-2). Amended as an emergency effective May 28, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-3). Former Section R6-5-5806 repealed, new Section R6-5-5806 adopted effective April 1, 1981 (Supp. 81-2). Former Section R6-5-5806 repealed, new Section R6-5-5806 adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5807 Expired

History

  • Adopted effective March 30, 1977 (Supp. 77-2). Former Section R6-5-5807 repealed, new Section R6-5-5807 adopted effective April 1, 1981 (Supp. 81-2). Former Section R6-5-5807 repealed, new Section R6-5-5807 adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5808 Expired

History

  • Adopted effective March 30, 1977 (Supp. 77-2). Repealed effective April 1, 1981 (Supp. 81-2). New Section R6-5-5808 adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5809 Expired

History

  • Adopted effective March 30, 1977 (Supp. 77-2). Amended subsection (G) as an emergency effective March 12, 1979, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 79-2). Amended effective August 15, 1979 (Supp. 79-4). Amended as an emergency effective May 28, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-3). Repealed effective April 1, 1981 (Supp. 81-2). New Section R6-5-5809 adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5810 Expired

History

  • Adopted effective March 30, 1977 (Supp. 77-2). Repealed effective April 1, 1981 (Supp. 81-2). New Section R6-5-5809 adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5811 Expired

History

  • Adopted effective March 30, 1977 (Supp. 77-2). Repealed effective April 1, 1981 (Supp. 81-2). New Section R6-5-5811 adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5812 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5813 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5814 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5815 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5816 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5817 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5818 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired at 23 A.A.R. 581 under A.R.S. § 41-1056(J), effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5819 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired at 23 A.A.R. 581 under A.R.S. § 41-1056(J), effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5820 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired at 23 A.A.R. 581 under A.R.S. § 41-1056(J), effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5821 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Amended June 4, 1998 (Supp. 98-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5822 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5823 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5824 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5825 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5826 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5827 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5828 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5829 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5830 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5831 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5832 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5833 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5834 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5835 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5836 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5837 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5838 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5839 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5840 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5841 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5842 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5843 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5844 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5845 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5846 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5847 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5848 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5849 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5850 Expired

History

  • Adopted effective January 10, 1997 (Supp. 97-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).

Article 59 EXPIRED

Ariz. Admin. Code § R6-5-5901 Expired

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).
Ariz. Admin. Code § R6-5-5902 Expired

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).
Ariz. Admin. Code § R6-5-5903 Expired

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5904 Expired

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5905 Expired

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).
Ariz. Admin. Code § R6-5-5906 Expired

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5907 Expired

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Amended effective June 4, 1998 (Supp. 98-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5908 Expired

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5909 Expired

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Amended effective February 21, 1980 (Supp. 80-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5910 Expired

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-5911 Expired

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).
Ariz. Admin. Code § R6-5-5912 Expired

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Section expired under A.R.S. § 41-1056(E) at 7 A.A.R. 5257, effective October 31, 2001 (Supp. 01-4).

Article 60 EXPIRED

Ariz. Admin. Code § R6-5-6001 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Amended effective March 28, 1978 (Supp. 78-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6002 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6003 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Amended effective March 28, 1978 (Supp. 78-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6004 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Amended effective March 28, 1978 (Supp. 78-2). Amended effective May 25, 1979 (Supp. 79-3). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6005 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6006 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Amended effective March 28, 1978 (Supp. 78-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6007 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Amended effective March 28, 1978 (Supp. 78-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6008 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Amended effective March 28, 1978 (Supp. 78-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6009 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6010 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6011 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6012 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Amended effective May 25, 1979 (Supp. 79-3). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6013 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6014 Expired

History

  • Adopted effective March 11, 1977 (Supp. 77-2). Amended effective March 28, 1978 (Supp. 78-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).
Ariz. Admin. Code § R6-5-6015 Expired

History

  • Adopted effective May 15, 1990 (Supp. 90-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 581, effective June 30, 2016 (Supp. 17-1).

Article 61 REPEALED

Ariz. Admin. Code § R6-5-6101 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Former Section R6-5-6101 repealed, new Section R6-5-6101 adopted effective August 29, 1984 (Supp. 84-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-6102 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Former Section R6-5-6102 repealed, new Section R6-5-6102 adopted effective August 29, 1984 (Supp. 84-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-6103 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Former Section R6-5-6103 repealed, new Section R6-5-6103 adopted effective August 29, 1984 (Supp. 84-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-6104 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Former Section R6-5-6104 repealed, new Section R6-5-6104 adopted effective August 29, 1984 (Supp. 84-4). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-6105 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Former Sections R6-5-6105 through R6-5-6108 repealed effective August 29, 1984 (Supp. 84-4).
Ariz. Admin. Code § R6-5-6106 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Former Sections R6-5-6105 through R6-5-6108 repealed effective August 29, 1984 (Supp. 84-4).
Ariz. Admin. Code § R6-5-6107 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Former Sections R6-5-6105 through R6-5-6108 repealed effective August 29, 1984 (Supp. 84-4).
Ariz. Admin. Code § R6-5-6108 [REPEALED]

History

  • Adopted effective August 11, 1976 (Supp. 76-4). Former Sections R6-5-6105 through R6-5-6108 repealed effective August 29, 1984 (Supp. 84-4).

Article 65 EXPIRED

Ariz. Admin. Code § R6-5-6501 Expired

History

  • Adopted effective July 6, 1977 (Supp. 77-4). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6502 Expired

History

  • Adopted effective July 6, 1977 (Supp. 77-4). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6503 Expired

History

  • Adopted effective July 6, 1977 (Supp. 77-4). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 17 A.A.R. 1722, effective July 29, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-5-6503.01 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 17 A.A.R. 1722, effective July 29, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-5-6504 Expired

History

  • Adopted effective July 6, 1977 (Supp. 77-4). Amended effective November 22, 1978 (Supp. 78-6). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 5267, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6505 Expired

History

  • Adopted effective July 6, 1977 (Supp. 77-4). Amended effective November 22, 1978 (Supp. 78-6). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6506 Expired

History

  • Adopted effective July 6, 1977 (Supp. 77-4). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6507 Expired

History

  • Adopted effective July 6, 1977 (Supp. 77-4). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6508 Expired

History

  • Adopted effective July 6, 1977 (Supp. 77-4). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6509 Expired

History

  • Adopted effective July 6, 1977 (Supp. 77-4). Amended effective November 22, 1978 (Supp. 78-6). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6510 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6511 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).

Article 66 EXPIRED

Ariz. Admin. Code § R6-5-6601 Expired

History

  • Adopted effective January 18, 1978 (Supp. 78-1). Amended effective August 15, 1980 (Supp. 80-4). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6602 Expired

History

  • Adopted effective January 18, 1978 (Supp. 78-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6603 Expired

History

  • Adopted effective January 18, 1978 (Supp. 78-1). Repealed effective August 15, 1980 (Supp. 80-4). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6604 Expired

History

  • Adopted effective January 18, 1978 (Supp. 78-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6605 Expired

History

  • Adopted effective January 18, 1978 (Supp. 78-1). Amended subsection (C) effective August 15, 1980 (Supp. 80-4). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6606 Expired

History

  • Adopted effective January 18, 1978 (Supp. 78-1). Amended effective August 15, 1980 (Supp. 80-4). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6607 Expired

History

  • Adopted effective January 18, 1978 (Supp. 78-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6608 Expired

History

  • Adopted effective January 18, 1978 (Supp. 78-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6609 Expired

History

  • Adopted effective January 18, 1978 (Supp. 78-1). Amended effective August 15, 1980 (Supp. 80-4). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6610 Expired

History

  • Adopted effective January 18, 1978 (Supp. 78-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6611 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1006, effective March 18, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6612 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6613 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6614 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6615 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6616 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1).
Ariz. Admin. Code § R6-5-6617 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 17 A.A.R. 1722, effective July 29, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-5-6618 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1006, effective March 18, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6620 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1006, effective March 18, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6621 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-105 6(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6622 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-105 6(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6623 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-105 6(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6624 Expired

History

  • Adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).

Article 67 EXPIRED AND RENUMBERED

Ariz. Admin. Code § R6-5-6701 Expired

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Amended effective June 19, 1979 (Supp. 79-3). Section repealed; new Section made by final rulemaking at 18 A.A.R. 1449, effective August 6, 2012 (Supp. 12-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6702 Expired

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Section repealed; new Section made by final rulemaking at 18 A.A.R. 1449, effective August 6, 2012 (Supp. 12-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6703 Expired

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Section repealed; new Section made by final rulemaking at 18 A.A.R. 1449, effective August 6, 2012 (Supp. 12-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6704 Expired

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Amended effective June 19, 1979 (Supp. 79-3). Section repealed; new Section made by final rulemaking at 18 A.A.R. 1449, effective August 6, 2012 (Supp. 12-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6705 Expired

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Amended effective June 19, 1979 (Supp. 79-3). Section repealed; new Section made by final rulemaking at 18 A.A.R. 1449, effective August 6, 2012 (Supp. 12-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6706 Expired

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Amended effective June 19, 1979 (Supp. 79-3). Amended by final rulemaking at 18 A.A.R. 1449, effective August 6, 2012 (Supp. 12-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6707 Expired

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Amended effective June 19, 1979 (Supp. 79-3). Amended by final rulemaking at 18 A.A.R. 1449, effective August 6, 2012 (Supp. 12-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6708 Expired

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Amended effective June 19, 1979 (Supp. 79-3). Section repealed; new Section made by final rulemaking at 18 A.A.R. 1449, effective August 6, 2012 (Supp. 12-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6709 Expired

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Former Section R6-5-6709 repealed, former Section R6-5-6710 renumbered and amended as Section R6-5-6709 effective June 19, 1979 (Supp. 79-3). Section repealed; new Section made by final rulemaking at 18 A.A.R. 1449, effective August 6, 2012 (Supp. 12-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6710 Expired

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Former Section R6-5-6710 renumbered and amended as Section R6-5-6709, former Section R6-5-6711 renumbered and amended as Section R6-5-6710 effective June 19, 1979 (Supp. 79-3). Section repealed; new Section made by final rulemaking at 18 A.A.R. 1449, effective August 6, 2012 (Supp. 12-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6711 Expired

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Former Section R6-5-6711 renumbered and amended as Section R6-5-6710, former Section R6-5-6713 renumbered and amended as Section R6-5-6711 effective June 19, 1979 (Supp. 79-3). Section repealed; new Section made by final rulemaking at 18 A.A.R. 1449, effective August 6, 2012 (Supp. 12-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6712 Expired

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Repealed effective June 19, 1979 (Supp. 79-3). New Section made by final rulemaking at 18 A.A.R. 1449, effective August 6, 2012 (Supp. 12-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-6713 Renumbered

History

  • Adopted effective May 17, 1976 (Supp. 76-3). Renumbered and amended as Section R6-5-6711 effective June 19, 1979 (Supp. 79-3).

Article 68 REPEALED

Ariz. Admin. Code § R6-5-6801 [REPEALED]

History

  • Adopted effective May 26, 1977 (Supp. 77-3). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-6802 [REPEALED]

History

  • Adopted effective May 26, 1977 (Supp. 77-3). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-6803 [REPEALED]

History

  • Adopted effective May 26, 1977 (Supp. 77-3). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-6804 [REPEALED]

History

  • Adopted effective May 26, 1977 (Supp. 77-3). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-6805 [REPEALED]

History

  • Adopted effective May 26, 1977 (Supp. 77-3). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-6806 [REPEALED]

History

  • Adopted effective May 26, 1977 (Supp. 77-3). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-6807 [REPEALED]

History

  • Adopted effective May 26, 1977 (Supp. 77-3). Repealed effective June 5, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-6808 [REPEALED]

History

  • Adopted effective May 26, 1977 (Supp. 77-3). Repealed effective June 5, 1997 (Supp. 97-2).

Article 69 CHILD PLACING AGENCY LICENSING STANDARDS

Ariz. Admin. Code § R6-5-6901 Objectives

The objective of this Article is to establish licensing and operating standards to promote quality services for children and unmarried mothers whose needs are not adequately met in their family homes.

History

  • Adopted effective August 31, 1978 (Supp. 78-4).
Ariz. Admin. Code § R6-5-6902 Authority

A.R.S. §§ 8-501 through 8-520 and 46-134.

History

  • Adopted effective August 31, 1978 (Supp. 78-4).
Ariz. Admin. Code § R6-5-6903 Definitions

A. "Adult." Any person 18 years of age or older.

B. "Authorized representative." A designated employee of the Department.

C. "Casework supervisor." A person who holds a Bachelor's degree from a university or college and has at least three years of casework experience in a certified or licensed family/child welfare agency.

D. "Caseworker." A person who holds a Bachelor's degree from a university or college and who has training and/or experience in the field of behavioral science.

E. "Child." Any person under 18 years of age.

F. "Child placing agency." A child welfare agency which is authorized in its license to place children.

G. "Department." The Arizona State Department of Economic Security.

H. "Division." The Arizona State Department of Economic Security.

I. "Executive Director." The person responsible for overall administration of the child placing agency; also referred to as Administrator, or Director.

J. "Foster care." A social service which, for a planned period, provides substitute care for a child when its own family cannot care for it for a temporary or extended period of time. Foster care may be in a private family home or a group home.

K. "Foster child." A child placed in a foster home or child welfare agency.

L. "Foster home." A home maintained by an individual or individuals having the care or control of children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals (A.R.S. § 8-501(4)).

M. "License." The legal authorization to operate a child placing agency issued by the Arizona Department of Economic Security.

N. "Licensed medical practitioner." Any physician or surgeon licensed under the laws of this State to practice medicine pursuant to Title 32, Chapter 13 and 17 (A.R.S. § 36-501(4)).

O. "Licensing." Includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license.

P. "Parent or parents." The natural or adoptive parent or parents of the child.

Q. "Provisional license." A temporary license to operate a Child Placing Agency, issued by the Arizona Department of Economic Security for a period not to exceed six months; a provisional license is issued to an agency that is temporarily unable to conform to all licensing standards and where the deficiencies are minor, correctable and not potentially injurious to the safety or welfare of a child and the agency agrees to correct the deficiency or deficiencies, and where there is a demonstrated need for the services. A provisional license is not renewable.

R. "Receiving foster home." A licensed foster home suitable for immediate placement of children when taken into custody or pending medical examination and court disposition which is designated as a receiving foster home and it is licensed.

S. "Regular foster home." A licensed foster home suitable for placement of not more than five minor children.

T. "Regular license." A license to operate a Child Placing Agency, issued by the Arizona Department of Economic Security; a regular license which may be issued following a provisional license is valid for one year from the date of issuance and must be renewed annually.

U. "Social worker." A person who holds a Master of Social Work degree from an accredited school of social work.

V. "Special foster home." A licensed foster home capable of handling not more than five minor children who require special care for physical, mental or emotional reasons or have been adjudicated a delinquent (A.R.S. § 8-501(10)).

History

  • Adopted effective August 31, 1978 (Supp. 78-4).
Ariz. Admin. Code § R6-5-6904 Licensing Requirements

A. Consultation. Individuals, association, institutions or corporations considering the establishment of a Child Placing Agency shall consult the Social Services Bureau of the department about such plans:

1. Before a specific program is developed;

2. Before filing a petition for corporation; and

Before an application is filed.

B. Application. Individuals, associations, institutions or corporations shall make written application to the Department for a Child Placing Agency license.

C. Fingerprints

1. All members of the Child Placing Agency staff having contact with the foster children must be fingerprinted, and the fingerprints submitted to the Department for a criminal records check.

2. A license for a Child Placing Agency will not be issued, or will be revoked, if any staff member, having contact with foster children has ever been convicted of a sex offense, has been involved in child abuse, child neglect, selling narcotics, or contributing to the delinquency of a minor, or has a substantial criminal record.

D. Demonstration of need for services in the community. Evidence of need shall consist of:

1. Communication from community leaders in the field of child welfare indicating a need for the services proposed by the applicant or

2. Recent research data establishing a need for the services being proposed by the applicant.

E. Licensing study

1. A study will be made as required by A.R.S. § 8-505(C) by an authorized representative of the Department to evaluate the potential and actual ability of the Child Placing Agency to provide services to children according to the Standards prescribed in this Article.

2. To obtain this information, the authorized representative of the Department must make at least one visit to evaluate the agency setting and interview the Director and staff.

3. In addition, the authorized representative of the Department shall review documentary evidence provided by the Executive Director of the Child Placing Agency regarding agency operation and services to be provided.

F. Provisional license

1. A provisional license shall be issued to any Child Placing Agency that is temporarily unable to conform to all licensing standards, and where the deficiencies are minor, correctable and not potentially injurious to the safety or welfare of the children served, and where the agency agrees to correct the deficiencies, and where there is a demonstrated need for the services.

2. A provisional license is valid for up to six months and may not be renewed.

3. Prior to the expiration of the provisional license, a review of Standards will be conducted by the Department to determine eligibility for regular licensing. The Child Placing Agency must meet all licensing standards for the issuance of a regular license.

G. Regular license

1. The license is valid for one year from the date of issuance and must be renewed annually.

2. Each license shall state in general terms the kind of child welfare services the licensee is authorized to undertake; and the number of children that can be received or placed and supervised in foster homes, their ages and sex, and the geographical area the agency is equipped to serve (A.R.S. § 8-505(D)).

H. Supervision by the Department. The Department shall provide training, consultation and technical assistance to Child Placing Agencies.

History

  • Adopted effective August 31, 1978 (Supp. 78-4).
Ariz. Admin. Code § R6-5-6905 Denial, Suspension, or Revocation of a License

A. The Department shall deny, suspend or revoke any license when:

1. The Child Placing Agency is not in compliance with the licensing standards of the Department, Arizona state or federal statutes, city or county ordinances or codes; or

2. The care and/or services needed by children are not provided.

B. A license that has been suspended can be reinstated by the correction of the deficiency.

C. When a license is revoked, it is necessary to correct the deficiency and make a new application.

D. When an initial application, or an application for a renewal of a license is denied, or a license is revoked or suspended, a written notification of the action shall be forwarded by certified mail to the applicant or licensee.

1. The written notice shall state the reasons for the denial, revocation or suspension with references to applicable statutes, regulations and standards.

2. The Department shall notify the Child Placing Agency of the right to request a hearing within 20 days after receipt of the written notice.

3. The hearing shall be held within ten days of the request, and at that time the applicant or holder shall have the right to present testimony and confront witnesses.

4. When a hearing is requested, the denial, suspension or revocation of the license shall not become final until after the hearing decision is published.

5. The fair hearing process shall be in accordance with A.A.C. Title 6, Chapter 5, Article 24.

History

  • Adopted effective August 31, 1978 (Supp. 78-4).
Ariz. Admin. Code § R6-5-6906 License Renewal Requirements

A. Every regular license shall expire one year from the date of issuance and may be renewed annually upon application of the Child Placing Agency.

1. License renewal is not automatic.

2. License renewal requires:

a. A consultation;

b. An application;

c. A written description of services provided; and

d. Licensing study (see R6-5-6904(E)).

3. For license renewal, each Child Placing Agency must meet all standards for licensing as specified in this Article.

B. An application for the renewal for a Child Placing Agency shall be made in the same manner as the original application. A licensee shall reapply when:

1. The present license will expire within 30 days to 60 days; or

2. There is a plan to move within 30 days from the address on the current license; or

3. There is substantial material change in the program and/or purpose of the Child Placing Agency.

History

  • Adopted effective August 31, 1978 (Supp. 78-4).
Ariz. Admin. Code § R6-5-6907 Standards for Licensing and Operating a Child Placing Agency

A. Requirements for the staff of a Child Placing Agency

Executive Director. The Agency Board shall select an Executive Director.

a. If the Executive Director is not directly involved in supervising child placing activities, the Director shall at least have a Bachelor's degree in a field related to social work such as administration, psychology, education or other allied profession, as well as demonstrated satisfactory experience in the area of service provided by the agency.

b. If the Executive Director directly supervises child placing activities, he shall have a Master's degree in Social Work or at least a Bachelor's degree and a minimum of three years of experience in child welfare services in a certified or licensed family or child welfare agency.

2. Casework supervisor. The casework supervisor shall possess above average ability in casework practice and have knowledge of and skills applicable to casework supervision. The supervisor shall have a Bachelor's degree and at least three years of casework experience in a licensed family or child welfare agency.

3. Social worker. A person shall have a Master of Social Work degree from an accredited school of social work.

4. Caseworker. A caseworker shall have a Bachelor's degree from a university or college and have training and/or experience in the field of behavioral science.

5. Office staff. The agency shall have sufficient clerical services to keep correspondence, records, bookkeeping, and files current and in good order.

Consultants

a. The agency shall have a consulting Licensed Medical Practitioner who makes recommendations as to the medical aspects of the agency program, coordinates medical care for selected children, and advises staff regarding the health problems of specific children.

b. Psychiatric, psychological and legal consultation and/or services shall be available to the agency.

B. Requirements for the organization of a Child Placing Agency

1. Type of organization. A Child Placing Agency shall be maintained by the state, or a political subdivision thereof, a person, firm, corporation, association, or organization.

2. Incorporation

a. Incorporated Child Placing Agencies shall provide the Department with a copy of the Articles of Incorporation and Bylaws and the Certificate of Incorporation issued by the Arizona Corporation Commission.

b. The purpose for which the agency is incorporated shall be stated in its Articles of Incorporation and the agency shall not enter any other fields of service than those provided in its Articles of Incorporation.

3. Board of Directors

a. All Child Placing agencies shall have a Board of Directors. The Department shall be provided a current list of all Board members, their address and office held.

b. Persons employed by or who receive compensation from a group care agency (see Title 6, Chapter 5, Article 74) may not be Board members of a Child Placing Agency due to a possible conflict of interest.

c. The Board of Directors shall:

i. Assume responsibility, jointly with the Executive Director, for formulating the plans and policies of the Child Placing Agency.

ii. Keep sufficiently informed through Board meetings and though the reports of its Executive Director and committees to ensure that the agency fulfills all of its functions in the best interest of the children.

iii. Meet at least quarterly. Its executive committee shall meet as needed.

iv. Keep minutes of each meeting which shall be made a permanent part of the records of the Child Placing Agency.

v. Refrain from direct administration or operation of the Child Placing Agency, either through individual members or committees, except in emergencies.

vi. Select and employ an Executive Director to whom the responsibility for administration of the agency shall be delegated and, when necessary, terminate such employment.

vii. Require and approve the Child Placing Agency's annual program and financial reports.

d. The Board of Directors should be composed of adult residents who have a genuine interest in child welfare, concern for social conditions in the community, and reflect equitably the ethnic and economic standing of the population served. The Board members should have sufficient time to discharge their obligations and have a variety of interests, talents and points of view so that no single group or profession will have a controlling voice.

e. The names, addresses and offices held of all members of the Board of Directors shall be currently filed with the Department. All changes in composition of the Board of Directors or Officers of the Child Placing Agency must be reported to the Department in writing within 30 days of a change.

f. Provision should be made for replacement of members who become inactive for six months. Terms for Board members shall be overlapping and election of one-third of the Board membership annually is recommended to ensure continuity of policy, as well as the introduction of new and changing points of view. Administrators and staff of the Child Placing Agencies shall not be members of the Board of Directors. Agencies which do not have overlapping terms or which currently have administrators or staff members on their Board of Directors will have one year from the date of issuance of these standards to bring their Board of Directors into compliance.

4. Financing

a. Requirement for sufficient funding. The agency must furnish evidence that it has sufficient funds to pay all start-up and operating costs through the year of operation for which a license may be issued.

b. Budget and financial records

i. Child Placing Agency shall operate on a budget which has been approved by its governing board before the beginning of the fiscal year.

ii. A Child Placing Agency must maintain financial records of all receipts, disbursements, assets, and liabilities for at least three years. These records should be available for inspection by the Department upon request.

c. Solicitation of funds from the public. Each Child Placing Agency shall comply with all local and state laws relating to the solicitation of funds.

5. Operations manual. Each agency shall compile an operations manual. It shall be available to all agency staff members, and all staff members shall be familiar with the contents. It shall contain:

a. The overall philosophy, which guides the agency's services.

b. A statement of the primary purpose, services, and goals of the agency.

c. A chart of organizational structure.

d. The agency's intake policies and procedures.

e. The manual of the agency's governing board.

f. The operational procedures, which guide the delivery of the agency's services.

g. Copies of the agency's forms.

6. Records and reports

a. Files. Case records and financial records shall be kept in a locked, fire-resistant file. Access to records shall be limited to the staff who have need for the data, and to authorized representatives of the Department.

b. Case records

i. The agency shall maintain up-to-date, confidential and well-organized case records. Each child's record should indicate, from the point of admission to discharge, the service plan and the progress of the child.

ii. Records shall include the current information needed to provide services, make service plans, and evaluate each child.

iii. The case record should be divided into sections for easy reference, with the material filed under the following headings, as appropriate:

(1) Intake -- intake study, including referral material from other agencies, court, or referral sources;

(2) Legal -- specific verified information relative to the status of the child's legal guardianship and custody. Statements, agreements, and consents signed by parent(s) or guardian(s) pertaining to the child's placement, financial responsibility, and other data required for protection of the child;

(3) Medical -- medical history, including immunizations, physical defects, significant developmental history, illnesses, and hospital care and/or operations. Medical releases and/or authorizations for treatment or medical care, including the names of medical personnel involved. Records of all prescription medications consumed;

(4) Dental -- date of examinations, etc.;

(5) Psychological -- reports of psychological and/or psychiatric evaluations and examinations;

(6) Progress -- periodic (not less than every three months) evaluation of the child's progress, adjustment, development and future plans and goals.

(7) School -- school records indicating attendance and scholastic achievement;

(8) Correspondence -- letters received or sent concerning the child;

(9) Each record shall have a face sheet listing the following information which shall be kept up-to-date;

(a) Full name of child, including aliases;

(b) Date and place of birth (verified);

(c) Sex;

(d) Religion and race;

(e) Names, addresses of parents and siblings;

(f) Names, addresses and relationships of other responsible persons;

(g) Date referred to the agency;

(h) Date service was terminated;

(i) Other pertinent identifying information.

c. Reports

i. Each agency shall maintain and report accurate statistics on children receiving services, and staff employed, on forms provided for that purpose by the Department. These reports shall include:

(1) Form FC-005, "Foster Child Placement, Replacement and Discharge Central Registry Form," which must be submitted within five working days of the date action is taken.

(2) Form LC-008, "Child Welfare Agency Employee Central Registry," which must be submitted within five days of employment or discharge.

ii. The Child Placing Agency shall report to the Department any planned change of address, change in program, or other change which significantly affects the services provided. The Department shall be notified 30 days prior to any planned changes.

C. Requirements for the personnel of a Child Placing Agency

Personnel practices. An agency shall employ an individual only after careful evaluation of the applicant which will include references as to character, skills, knowledge, and experience.

2. Personnel policies. The agency shall maintain a manual of all personnel policies and procedures including job descriptions and all personnel forms. The written statement of personnel policies outlining personnel practices as they affect both employer and employee should include:

a. The conditions of employment and the conditions under which employment may be terminated.

b. Salary scales.

c. Provision for sick leave, time off, and paid vacation.

d. Information regarding employment benefits, such as retirement and insurance plans.

e. Provision for periodic assessment of work performance.

f. Provision for staff development through in-service training.

3. Personnel records

a. A personnel record shall be maintained for each employee. This shall include identifying and qualifying information; such as, references, previous work history and education, date of employment and evaluation.

b. When employees resign, retire, or are discharged, the date and reason for termination shall be recorded.

D. Placement services

1. Foster care

a. Types of homes

i. Boarding Home. A Boarding Home provides temporary or permanent care and compensation to the foster parents for room and board. These Boarding Homes may be either Regular or Special Foster Homes.

ii. Free home. A free home provides temporary or permanent care without compensation other than special needs.

iii. Work and Wage Home

(1) Work and Wage Homes are those in which the child's duties within the home constitute reimbursement for room and board and for which the child may be paid an additional wage. These homes shall be used only as a resource for mature and well adjusted children from 16 to 18 years with good work skills. The Child Placing Agency shall prepare a written statement to be signed by the agency, foster parents and child which will clearly define:

(a) The amount of work required; and

(b) The remuneration the child is to receive and by whom; and

(c) The work schedule which shall permit the child time for school attendance, study, recreation, and other normal activities for a child in this age group.

(2) The Department shall not place adjudicated dependent children in Work and Wage Homes.

b. Foster care placement procedures

i. The agency shall follow the preplacement procedures set forth in A.R.S. § 8-511.

ii. Following the preplacement procedures out lined in A.R.S. § 8-511, if it is determined that the child should be placed in foster care, the agency shall provide appropriate counseling services to the child and his parents to prepare them for the placement.

(1) If the family does not explain the reason for placement and prepare the child for this experience, the representative of the Child Placing Agency should do so.

(2) The representative of the Child Placing Agency should explain the foster home program to the parents.

iii. When a child is placed in foster care, the Child Placing Agency shall comply with the requirements and procedures set forth in A.R.S. § 8-514(B) and (C).

2. Adoption. If authorized in its license to place children for adoption, the agency shall comply with all laws (including but not limited to A.R.S. Title 8, Chapter 1, Article 1) regarding the investigation of potential adoptive parent and the adoption of children. The agency shall comply with the requirements of the following rules of the Department:

a. Title 6, Chapter 5, Article 65, Adoption Placement;

b. Title 6, Chapter 5, Article 66, Adoption Study;

c. Title 6, Chapter 5, Article 67, Adoption Subsidy; and

d. Title 6, Chapter 6, Article 68, Relinquishment and Severance Services.

3. Parents

a. When there are social and/or emotional problems regarding the pregnancy, social services shall be given in accordance with the needs of mother during pregnancy and to help her with plans for her rehabilitation after delivery.

b. Unless inappropriate, the father shall be involved in planning for the mother and child.

c. Services to unmarried parents may also include establishing paternity and shall include making suitable plans for the child.

E. Supervision

1. The licensed Child Placing Agency shall supervise:

a. All children placed by the agency in foster homes; and

b. All foster homes where children are placed by the agency.

2. The licensed Child Placing Agency's representative shall:

a. Visit Receiving Foster Homes at least once per month;

b. Visit Regular and Special Foster Homes at least once every three months; and

c. Prepare written reports of the visits.

3. A Child Placing Agency may allow a child to participate in activities and functions generally accepted as usual or normal for his/her age group. Permission for a child to participate in activities shall be given in accordance with A.R.S. § 8-513.

4. Following the initial placement, the child placed in a setting other than that of his parent's home shall have medical examinations at periodic intervals, and not less than once every year.

F. Foster home studies

1. The study. Child Placing Agencies that wish to submit foster homes for licensing shall conduct an investigation of the foster home, meeting the standards established by the Department in Title 6, Chapter 5, Article 58, Family Foster Home Licensing Standards.

2. Fingerprints. Foster parent applicants and members of the household, 18 years of age or older, must be fingerprinted, and the fingerprints submitted to the Department for a criminal records check.

Demonstration of health

a. The potential foster care application, prior to licensing, shall furnish a report of a physical examination, done within the last six months, demonstrating that the person has good health and is free from any communicable disease.

b. Prior to licensing, children of the foster care applicant shall have current immunizations as prescribed by the Arizona Department of Health Services.

4. Sanitation inspection. The Child Placing Agency shall request the local or state health department to conduct a sanitation inspection of the prospective foster home prior to licensing.

5. Licensing. If the foster home meets all requirements set by the Department, the Child Placing Agency shall submit an application stating the foster home's qualifications to the Department. The Child Placing Agency may also recommend the types of licensing and certification to be granted to the foster home. The Department shall review the foster home study, and issue a license for the foster home if all licensing standards have been met.

6. License renewal. Foster home license renewal is required annually by the Department.

7. Homes exempt from licensing by the Department. When a child is placed in a home by a means other than by a court order, and when the home receives no compensation from the state or any political subdivision of the state, licensing by the Department is not required.

G. Requirements of physical plant and equipment

1. Offices

a. There should be sufficient office space for interviewing children and families and for supervisory conferences.

b. The Child Placing Agency shall comply with any building, health, fire or other codes in effect in the jurisdiction where it is located.

2. Fire protection. All Child Placing Agencies shall have a written fire evacuation plan posted and should conduct fire drills at least every six months.

3. Telephone. There shall be telephone service in the Child Placing Agency.

4. Vehicle(s). The vehicle(s) for transporting children shall be in a safe operating condition and all drivers shall have a current driver's license. Persons who frequently transport children as a part of their employment shall have a chauffeur's license.

5. Insurance

a. The Child Placing Agency shall provide for insurance coverage for adequate protection against accidents.

b. Insurance coverage must include liability insurance to cover acts of children or staff, and protection against damages to, or loss of, buildings and other valuable properties.

c. There shall be liability insurance on all vehicles transporting children.

History

  • Adopted effective August 31, 1978 (Supp. 78-4).
Ariz. Admin. Code § R6-5-6908 Confidentiality

The rules and regulations of the Department for securing and using confidential information concerning the client shall be followed. Refer to Title 6, Chapter 5, Article 23, "Safeguarding of Records and Information."

History

  • Adopted effective August 31, 1978 (Supp. 78-4).
Ariz. Admin. Code § R6-5-6909 Civil Rights

The rules of the Department regarding civil rights shall be followed. Refer to Title 6, Chapter 5, Article 26, Civil Rights.

History

  • Adopted effective August 31, 1978 (Supp. 78-4).
Ariz. Admin. Code § R6-5-6910 Fair Labor Standards Act

The hiring and compensation policies of the Child Placing Agency shall comply with the Fair Labor Standards Act.

History

  • Adopted effective August 31, 1978 (Supp. 78-4).

Article 70 EXPIRED

Ariz. Admin. Code § R6-5-7001 Expired

History

  • Adopted as an emergency effective January 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 85-6). Emergency renewed effective April 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-2). Emergency expired. New Section adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7002 Expired

History

  • Adopted as an emergency effective January 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 8S-6). Emergency renewed effective April 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-2). Emergency expired. New Section adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7003 Expired

History

  • Adopted as an emergency effective January 21, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 85-6). Emergency renewed and amended effective April 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-2). Emergency expired. New Section adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7004 Expired

History

  • Adopted as an emergency effective January 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 85-6). Emergency renewed and amended effective April 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-2). Emergency expired. New Section adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7005 Expired

History

  • Adopted as an emergency effective January 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 85-6). Emergency renewed effective April 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-2). Emergency expired. New Section adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 1006, effective March 18, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7006 Expired

History

  • Adopted as an emergency effective January 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 85-6). Emergency renewed effective April 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-2). Emergency expired. New Section adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23,1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7007 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7008 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7009 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7010 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Amended and adopted as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7011 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7012 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7013 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7014 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7015 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7016 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23,1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7017 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23,1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7018 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23,1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7019 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7020 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7021 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 96-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7022 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.F-S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7023 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.P-S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7024 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23,1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7025 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.P-S. §§ 41-1003, valid for only 90 days (Supp. 96-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7026 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23,1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7027 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 96-5). Emergency expired. Amended and adopted as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7028 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7029 Expired

History

  • Adopted as an emergency effective October 17, 1996, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7030 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 96-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7031 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 96-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7032 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7033 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23,1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7034 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7035 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7036 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7037 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.P-S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7038 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7039 Expired

History

  • Adopted as an emergency effective October 17, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Amended effective June 4, 1998 (Supp. 98-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-7040 Expired

History

  • Adopted as an emergency effective October 17, 1996, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-5). Emergency expired. Adopted without change as a permanent rule effective January 23, 1987 (Supp. 87-1). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).

Article 71 REPEALED

Ariz. Admin. Code § R6-5-7101 [REPEALED]

History

  • Adopted as an emergency effective January 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 85-6). Emergency renewed effective April 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-2). Emergency expired. Permanent rule adopted effective July 11, 1986 (Supp. 86-4). Repealed effective April 9, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7102 [REPEALED]

History

  • Adopted as an emergency effective January 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 85-6). Emergency renewed effective April 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-2). Emergency expired. Permanent rule adopted effective July 11, 1986 (Supp. 86-4). Repealed effective April 9, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7103 [REPEALED]

History

  • Adopted as an emergency effective January 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 85-6). Emergency renewed effective April 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-2). Emergency expired. Permanent rule adopted effective July 11, 1986 (Supp. 86-4). Repealed effective April 9, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7104 [REPEALED]

History

  • Adopted as an emergency effective January 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 85-6). Emergency renewed effective April 1, 1986, pursuant to A.R.S. §§ 41-1003, valid for only 90 days (Supp. 86-2). Emergency expired. Permanent rule adopted effective July 11, 1986 (Supp. 86-4). Repealed effective April 9, 1998 (Supp. 98-2).

Article 73 REPEALED & RENUMBERED

Ariz. Admin. Code § R6-5-7301 [REPEALED]

History

  • Adopted effective January 21, 1985 (Supp. 85-1). Repealed effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7302 [REPEALED]

History

  • Adopted effective January 21, 1985 (Supp. 85-1). Repealed effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7303 [REPEALED]

History

  • Adopted effective January 21, 1985 (Supp. 85-1). Repealed effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7304 [REPEALED]

History

  • Adopted effective January 21, 1985 (Supp. 85-1). Repealed effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7305 [REPEALED]

History

  • Adopted effective January 21, 1985 (Supp. 85-1).
  • Repealed effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7306 [REPEALED]

History

  • Adopted effective January 21, 1985 (Supp. 85-1). Repealed effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7307 Renumbered

History

  • Adopted effective January 21, 1985 (Supp. 85-1). Section R6-5-7307 renumbered to R6-5-7470 and amended effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7308 Renumbered

History

  • Adopted effective January 21, 1985 (Supp. 85-1). Section R6-5-7308 renumbered to R6-5-7471 and amended effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7309 [REPEALED]

History

  • Adopted effective January 21, 1985 (Supp. 85-1). Repealed effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).

Article 74 LICENSING PROCESS AND LICENSING REQUIREMENTS FOR CHILD WELFARE AGENCIES OPERATING RESIDENTIAL GROUP CARE FACILITIES AND OUTDOOR EXPERIENCE PROGRAMS

Ariz. Admin. Code § R6-5-7401 Definitions

In addition to the definitions contained in A.R.S. § 8-501, the following definitions apply in this Article:

1. "Abandonment" has the same meaning ascribed to "abandoned" in A.R.S. § 8-531(1).

2. "Abuse" means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist pursuant to § 8-821 and which is caused by the acts or omissions of an individual having care, [physical] custody and control of a child. Abuse includes:

(a) Inflicting or allowing sexual abuse pursuant to § 13-1404, sexual conduct with a minor pursuant to § 13-1405, sexual assault pursuant to § 13-1406, molestation of a child pursuant to § 13-1410, commercial sexual exploitation of a minor pursuant to § 13-3552, sexual exploitation of a minor pursuant to § 13-3553, incest pursuant to § 13-3608 or child prostitution pursuant to § 13-3212.

(b) Physical injury to a child that results from abuse as described in § 13-3623, subsection C. A.R.S. § 8-201(2).

3. "Accredited" means the approval and recognition of an institution of learning as maintaining those standards requisite for its graduates to gain admission to other institutions of higher learning or to achieve credentials for professional practice. An example of an accrediting body is the North Central Association of Colleges and Universities.

4. "Administrative completeness review time frame" means the number of days from [the Licensing Authority's] receipt of an application for a license until [the Licensing Authority] determines that the application contains all components required by statute or rule, including all information required to be submitted by other government agencies. The administrative completeness review time frame does not include the period of time during which an agency provides public notice of the license application or performs a substantive review of the application. A.R.S. § 41-1072(1).

5. "Adverse action" means suspension or revocation of a license, denial of a renewal license, or making a material change in licensing status.

"After-care" means services provided to a child after the child is discharged from a licensee's care and may also include services for the child's family.

7. "Applicant" means a person who submits a written application to the Licensing Authority to become licensed or to renew a license to operate a child welfare agency or a residential group care facility.

"Barracks" means a building that:

a. Is designed and constructed or remodeled for the specific purpose of housing large numbers of children of the same gender;

b. Has wide, open sleeping areas for children, under one roof;

c. Is identified and described as a barracks or dormitory in the agency's promotional and organizational materials; and

d. Is made known as a barracks or dormitory to placing agencies and persons considering placement of a child.

9. "Behavior management" means the policies, procedures, and techniques a licensee uses to control conduct as prescribed in R6-5-7456.

10. "Child placing agency" means a person or entity that is licensed or authorized to receive children for care, maintenance, or placement in a foster home, because:

a. The Department has licensed the person or entity as a child welfare agency pursuant to A.R.S. § 8-505; or

b. It is an entity with statutory authorization to place children.

11. "Child welfare agency" or "agency"

a. Means:

i. Any agency or institution maintained by a person, firm, corporation, association, or organization to receive children for care and maintenance or for 24-hour social, emotional, or educational supervised care or who have been adjudicated as a delinquent or dependent child.

ii. Any institution that provides care for unmarried mothers and their children.

iii. Any agency maintained by the state, or a political subdivision thereof, person, firm, corporation, association, or organization to place children or unmarried mothers in a foster home.

b. Does not include state operated institutions or facilities, detention facilities for children established by law, health care institutions that are licensed by the department of health services pursuant to Title 36, Chapter 4 or private agencies that exclusively provide children with social enrichment or recreational opportunities and that do not use restrictive behavior management techniques. A.R.S. § 8-501(A)(1).

12. "Corrective action" means a specific course of conduct an agency will follow to remedy violations of the licensing requirements prescribed in this Article, within a specified period of time.

13. "Corrective action plan" means a written document describing an agency's corrective action, as prescribed in R6-5-7418.

14. "CPS" means Child Protective Services, a Department program responsible for investigating reports of child maltreatment.

15. "CPSCR" means the Child Protective Services Central Registry, a computerized database, which CPS maintains according to A.R.S. § 8-804.

16. "De-escalation" means a method of verbal communication or non-verbal signals and actions, or a combination of signals and actions, that interrupt a child's behavior crisis and calm the child.

17. "Department" or "DES" means the Department of Economic Security.

18. "Developmentally appropriate" means an action that takes into account:

a. A child's age and family background;

b. The predictable changes that occur in a child's physical, emotional, social, cultural, and cognitive development; and

c. A child's individual pattern and timing of growth, personality, and learning style.

19. "DHS" means the Department of Health Services.

20. "Direct care staff" means the facility staff who provide primary personal care, guidance, and supervision to children in care.

21. "Discharge plan" means:

a. A written description of:

i. A program of action to prepare a child for release from a facility; and

ii. After-care;

b. That is developed by a licensee in cooperation with a child's service team.

22. "Discipline" means a teaching process through which a child learns to develop and maintain the self-control, self-reliance, self-esteem, and orderly conduct necessary to assume responsibilities, make daily living decisions, and live according to accepted levels of social behavior.

"Document" means to make and retain a permanent written or electronic record of a fact, event, circumstance, observation, contact, or communication.

24. "Exploitation" means the act of taking advantage of, or to make use of a child selfishly, unethically, or unjustly, for one's own advantage or profit, in a manner contrary to the best interests of the child, such as having a child panhandle, steal, or perform other illegal activities.

25. "Facility" or "residential group care facility" means a living environment operated by a child welfare agency, where children are in the care of adults unrelated to the children, 24 hours per day.

a. "Facility" does not include a program licensed as a behavioral health service agency by the Department of Health Services under A.R.S. § 36-405 and 9 A.A.C. 20.

b. "Facility" does include an outdoor experience program.

c. When used in reference to an outdoor experience program, "facility" means the campsite at which or the mobile equipment in which children are housed.

26. "File" means a place where information is stored through written, electronic, or computerized means.

27. "Foot candles" means a unit of luminous intensity that can be measured with a light meter.

28. "Governing body" means an individual or group of individuals responsible for the policies, activities, and operations of a facility, as prescribed in R6-5-7424.

29. "Individual education plan" or "IEP" means a written document that describes educational goals for a particular child and the services the child needs to attain those goals.

30. "Institution" as used in A.R.S. § 8-501(A)(1) means an entity meeting two or more of the following criteria:

a. Solicits charitable contributions;

b. Is organized as a profit or non-profit corporation with a board of directors and officers;

c. Publishes and distributes information or promotional materials about its program or operations;

d. Requires residents to formally apply for residency through use of application forms or other similar paperwork;

e. Operates a structured program of care pursuant to written policies, procedures, guidelines, or rules; or

f. Advertises itself or holds itself out in the community as an institution that provides care or social services.

31. "Institution for Unwed Mothers and Children" means a child welfare agency, as described in A.R.S. § 8-501(A)(1)(a)(ii), that is licensed to care for unmarried mothers who are under age 18 at the time of admission to the agency and the children of those mothers.

32. "License" means a document issued by the Licensing Authority to an individual or non-governmental business, which authorizes the individual or business to operate a child welfare agency in compliance with this Article.

"Licensee" means the person or entity holding a license. When used in reference to a duty, task, or obligation, the term "licensee" includes the staff who work at an agency or facility and who are responsible for doing the acts necessary to fulfill the requirements of this Article.

34. "Licensed medical practitioner" means a person who holds a current license as a physician, surgeon, nurse practitioner, or physician's assistant pursuant to A.R.S. §§ 32-1401 et seq., Medicine and Surgery; A.R.S. §§ 32-1800 et seq., Osteopathic Physicians and Surgeons; A.R.S. §§ 32-2501 et seq., Physician Assistants; and A.R.S. §§ 32-1601 et seq., Nursing and R4-19-501(A)(1), Registered Nurse Practitioner, respectively.

35. "Licensing Authority" means the Department administrative unit that monitors and makes licensing determinations for agencies and facilities, including issuance, denial, suspension, and revocation of a license or operating certificate, and imposition of corrective action.

36. "Licensing representative" means a person employed by the Licensing Authority to investigate and monitor applicants and licensees.

37. "Licensing year" means a one-year time period that begins on the date an agency obtains its initial license to operate, and ends one year later.

38. "Living unit" means a specific grouping of children who are assigned to and share a distinct and common physical space within a facility.

"Maltreatment" means abuse, neglect, abandonment, or exploitation, of a child.

40. "Material change in licensing status" means, for the purpose of A.R.S. § 8-506.01,

a. Any of the following actions:

i. Denial, suspension, or revocation of an operating certificate;

ii. At any time following issuance of an initial license, imposition of provisional license status, in lieu of a regular license as prescribed in R6-5-7419; or

iii. A change in a term appearing on the face of a license or operating certificate, including: a.) Geographic area served; b.) Age, number, or gender of children served; or c.) Type of services offered;

b. But does not include the act of placing an agency on a corrective action plan to bring the agency into compliance with licensing requirements as prescribed in R6-5-7418.

41. "Mechanical restraint" means:

a. An article, device, or garment that:

i. Restricts a child's freedom of movement or a portion of a child's body;

ii. Cannot be removed by the child; and

iii. Is used for the purpose of limiting the child's mobility;

b. But does not include an orthopedic, surgical, or medical device that allows a child to heal from a medical condition or to participate in a treatment program.

"Medication" means an agent, such as a drug or remedy, used to prevent or treat disease, illness or injury, including both prescribed and over-the-counter agents.

43. "Mobile dwelling" means a structure, such as a trailer or recreational vehicle as defined in A.R.S. § 41-2142(30). Mobile dwelling does not mean a mobile, manufactured, prefabricated, or modular home as defined in A.R.S. § 41-2142(14), (24), or (26).

44. "Neglect" has the same meaning as A.R.S. § 8-201(21).

45. "Non-ambulatory child" means a child who cannot walk due to a physical disability or impairment, rather than as a result of the child's normal age and developmental level.

46. "Onsite" means located on the physical property operated by the licensee for the purpose of the licensee's residential program and includes the contiguous area within:

a. A single structure;

b. A cluster of structures;

c. A complex containing single or multiple family dwelling units with or without separate entrances for each unit;

d. A campus containing any combination of the residences listed in subsections (a)-(c), as approved by the Licensing Authority.

"Operating certificate" means a document that the Licensing Authority issues to a particular facility that is run by an agency holding a license, as prescribed in R6-5-7409.

48. "Outdoor experience program" means a child welfare agency that is located in a cabin or portable structure such as a tent or covered wagon and primarily uses the outdoors to provide recreational and educational experiences in group living, either in a fixed campsite or in a program with an unfixed site, such as a wagon train or wilderness hike.

49. "Out-of-home placement" means the placing of a child in the custody of an individual or agency other than with the child's parent or legal guardian and includes placement in temporary custody pursuant to § 8-821, subsection A or B, voluntary placement pursuant to 8-806 or placement due to dependency actions. A.R.S. § 8-501(A)(7).

50. "Overall time frame" means the number of days after receipt of an application for a license during which [the licensing authority] determines whether to grant or deny a license. The overall time frame consists of both the administrative completeness review time frame and the substantive review time frame. A.R.S. § 41-1072(2).

51. Paid staff means:

a. A licensee's paid employees who work at a facility;

b. Any temporary worker or independent contractor the licensee uses as a temporary replacement for an employee who is sick, on leave, or unavailable; and

c. Any independent contractor that the licensee retains to provide children in care with direct services at the facility.

52. "Parent or parents" means the natural or adoptive mother or father of a child. A.R.S. § 8-501(A)(8).

53. "Person" means an individual, partnership, joint stock company, business trust, voluntary association, corporation, or other form of business enterprise, including nonprofit or governmental organizations.

"Personally identifiable information" means any information which, when considered alone, or in combination with other information, identifies, or permits another person to readily identify the person who is the subject of the information, and includes:

a. Name, address, and telephone number;

b. Date of birth;

c. Photograph;

d. Fingerprints;

e. Physical description;

f. School;

g. Place of employment; and

h. Unique identifying number, including:

i. Social Security number;

ii. Driver's license number;

iii. License number; and

iv. Court case number.

55. "Physical restraint" means the use of bodily force to restrict a child's freedom of movement, but does not include holding a child firmly enough to prevent the child from harming himself or herself, or others, but gently enough so that the child is not harmed by being held.

56. "Placing agency or person" means the child placing agency, parent, or guardian, having legal custody of a child and who makes the decision to send the child to reside at a particular agency.

57. "Potentially hazardous food" means a food that is:

a. Natural or synthetic and capable of rapid and progressive growth of infectious or toxigenic microorganisms or the growth and production of Clostridium botulinum;

b. Of animal origin and is raw or has been heated;

c. Of plant origin and is heated or consists of raw seed sprouts;

d. A cut melon; or

e. A garlic and oil mixture.

58. "Program director" means a person who meets the qualifications listed in R6-5-7432(B).

59. "Relative" means a grandparent, great grandparent, brother or sister of whole or half blood, aunt, uncle, or first cousin. A.R.S. § 8-501(A)(12).

60. "Residential environment" means a facility building or any portion of a facility building that is used for living, sleeping, counseling, dining, or academic purposes.

61. "Restrictive behavior management" means a form of behavior control that is subject to limitations as prescribed in R6-5-7456(D)-(F).

62. "Safeguard" means to use reasonable and developmentally appropriate measures to minimize the risk of harm to a child in care and to ensure that a child in care will not be harmed by a particular object, substance, or activity. Where a specific method is not otherwise prescribed in this Article, safeguarding may include:

a. Locking up a particular substance or item;

b. Putting a substance or item beyond the reach of a child who is not mobile;

c. Erecting a barrier that prevents a child from reaching a particular place, item, or substance;

d. Mandating the use of protective safety devices;

e. Providing staff supervision; or

f. Providing a young adult with safety information and generalized instruction necessary to promote the safe and appropriate use of potentially dangerous objects.

63. "Seclusion" means placing a child alone in a room with closed, locked doors that cannot be opened from the inside as prohibited by R6-5-7456(C)(6).

64. "Service plan," which is sometimes described as a "case plan," means a goal-oriented, time-limited individualized program of action that:

a. Describes the plans for treating and providing services to a child and the child's family, and

b. Is developed by a licensee in cooperation with a child's service team.

65. "Service team" means the group of persons listed in R6-5-7441(D)(1) who participate in development and review of a child's service plan and discharge plan.

66. "Shelter care facility" means an agency facility that receives children for temporary out-of-home care, 24 hours per day, when children request care, or are placed in care by a placing agency, a law enforcement agency, a parent, a guardian, or a court.

67. "Significant person" means a person who is important or influential in a child's life and may include a family member or close friend.

68. "Sleeping area" means a single bedroom, or a cluster of two or more bedrooms, located in an adjacent area of a dwelling.

69. "Social worker" means a person with a bachelor's, master's, or doctoral degree in a field of organized work called social work, which is intended to advance the social conditions of a community through provision of counseling, guidance, and assistance, especially in the form of social services to individuals.

70. "Staff" means a licensee's paid staff and unpaid staff.

71. "Substantive review time frame" means the number of days after the completion of the administrative completeness review time frame during which [the licensing authority] determines whether an application or applicant for a license meets all substantive criteria required by statute or rule. Any public notice and hearings required by law shall fall within the substantive review time frame. A.R.S. § 41-1072(3).

72. "Swimming pool" means any on-grounds, natural or man-made body of water that is used for the purposes of swimming, recreation, or physical therapy, and includes spas and hot tubs.

73. "Threat" means an expression of intent to hurt, destroy, or take action prohibited by this Article or the licensee's policies, but does not include an expression of intent to impose a planned consequence for misbehavior if the consequence is not prohibited by this Article or the licensee's policies.

74. "Transitional program" means services provided to a child who is being emancipated as an adult, or a person who has reached the age of 18 and is considered an adult as a matter of law, in order to assist the child or person in becoming independent.

75. "Unpaid staff" means a licensee's volunteers, students, and interns who work, train, or assist at a facility.

76. "Unusual incident" means one or more of the events listed in R6-5-7434(C), (D), (E), or (G).

77. "Work day" means 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding Arizona state holidays.

78. "Young adult" means an individual, age 16 to 21, who has been assessed and determined to be appropriate for preparation for adult self-sufficiency. The assessment or determination shall be made by:

a. The placing agency, if the young adult is in the care, custody, and control of the state of Arizona;

b. A parent or legal guardian of the young adult, if subsection (a) does not apply;

c. The licensee, if subsections (a) and (b) do not apply.

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Former Section R6-5-7401 repealed; new Section R6-5-7401 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2). Amended by emergency rulemaking at 12 A.A.R. 2233, effective June 1, 2006 for 180 days (Supp. 06-2). Emergency renewed at 12 A.A.R. 4732, effective November 28, 2006 for 180 days (Supp. 06-4). Amended by final rulemaking at 13 A.A.R. 2049, effective May 21, 2007 (Supp. 07-2).
Ariz. Admin. Code § R6-5-7402 Request for Initial Application - New Applicant

A. A person who wants to operate a residential group care facility shall initiate the licensing process by contacting the Licensing Authority to request an application for a child welfare agency license.

B. Upon request, the Licensing Authority shall send the prospective applicant an application package containing:

1. A cover letter outlining the licensing process and requesting a responsive letter of intent,

2. An application form,

3. A statement of requirements for licensure, and

A form the applicant can use to obtain city or county zoning clearance.

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Former Section R6-5-7402 repealed; new Section R6-5-7402 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7403 Letter of Intent - New Applicant

A. The prospective applicant shall prepare a responsive letter of intent to proceed with licensure, and return it to the Licensing Authority. The letter of intent shall include the following information:

1. The applicant's name, address, and telephone and telefacsimile numbers;

2. The name of the applicant's chief executive officer or administrator, with a description of that person's qualifications to operate the agency;

3. A description of community or statewide need for the service or program the applicant intends to provide;

4. A plan for financing the proposed agency during the first year of operation;

5. A statement that the applicant has conferred with the school district where the facility will be located to advise the district of any special needs that children likely to be in care at the facility may have; and

6. A description of the proposed agency's program and services, which shall address the following areas, if applicable:

a. Any organization from which the applicant will seek accreditation;

b. The form of on-campus educational programs the applicant will offer;

c. The characteristics of the children the applicant plans to serve;

d. The applicant's primary source of referrals;

e. The frequency and method by which the applicant will provide or offer psychiatric, psychological, or counseling services;

f. Whether the applicant will employ behavioral health practitioners, or contract for behavioral health services; and

g. A general description of the number and qualifications of the applicant's professional staff.

B. Within 10 work days of receiving a letter of intent, a licensing representative shall contact the applicant.

1. If the Licensing Authority determines that an applicant may require licensure as a behavioral health service agency under A.R.S. § 36-405 and 9 A.A.C. 20, the Licensing Authority shall refer the applicant to the Department of Health Services for evaluation. In determining whether to refer an applicant to DHS, the Licensing Authority shall consider the factors set forth on Appendix 1.

2. For all other applicants, the representative shall schedule an appointment for a licensing consultation. The appointment shall occur within 45 calendar days of the date the Licensing Authority receives the letter of intent, unless the applicant requests a later consultation.

3. If DHS declines to license an applicant as a behavioral health service agency, and refers an applicant to the Department for licensure as a child welfare agency, the applicant shall contact the Licensing Authority to request a licensing consultation. The Licensing Authority shall schedule the consultation within 45 calendar days of the date of the request, unless the applicant requests a later consultation.

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Amended subsection (O), paragraph (1) effective January 21, 1985 (Supp. 85-1). Former Section R6-5-7403 repealed; new Section R6-5-7403 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7404 The Licensing Consultation; Time for Completion of Application

A. At the licensing consultation, a licensing representative shall review the licensing application form with the applicant. The licensing representative shall explain the requirements for licensure and shall advise the applicant about:

1. The information and documentation the applicant must provide to complete the application or licensing process, as set forth in R6-5-7405;

2. The fingerprinting and background checks required by A.R.S. § 46-141 and R6-5-7431;

3. The need for a DHS health and safety inspection of the agency and each facility, and the process for scheduling the inspection;

4. The need to obtain a fire inspection and zoning clearance for the each facility;

5. The need to confer with the local school district to discuss any special educational needs that the children to be served may present;

6. The timelines for submission of application information; and

7. The need for the Licensing Authority to conduct a site inspection as prescribed in R6-5-7406.

B. No later than 60 days after the licensing consultation, the applicant shall provide the Licensing Authority with a complete application package, as prescribed in R6-5-7405(A).

C. If the applicant cannot provide the information within 60 days, the applicant shall contact the Licensing Authority to request an extension of time. The Licensing Authority shall allow an extension for a fixed period of time, which shall not exceed 120 days past the original 60 days.

D. If the applicant fails to provide the information within the time periods specified in subsections (B) and (C), the Licensing Authority shall close the applicant's file and send the applicant a written notice of closure. An applicant whose file has been closed shall reapply.

E. For an initial application, the administrative completeness review time-frame described in A.R.S. § 41-1072(1) begins when the applicant submits the application form and the required documentation listed in R6-5-7405(A).

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Former Section R6-5-7404 repealed; new Section R6-5-7404 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7405 Complete Application; Initial License - New Applicant

A. A complete application package for an initial license of a new agency shall contain the information and supporting documentation listed in this subsection.

Identification and background information: agency, facility, administrators.

a. Name, address, and telephone and telefacsimile numbers for the agency and all facilities operated by the agency;

b. Name, title, business address, and telephone and telefacsimile numbers of:

i. The person who serves as the chief executive officer (CEO) as prescribed in R6-5-7432(A);

ii. The person who serves as the program director as prescribed in R6-5-7432(B);

iii. The person with delegated authority to act when the CEO is absent;

iv. The person in charge of each separate facility as prescribed in R6-5-7432(C);

v. Persons holding at least a 10% ownership interest in the applicant; and

vi. The agency and facility medical directors, if applicable;

c. The educational qualifications and work history for each person identified in subsection (A)(1)(b), with that person's attached resume, employment application, or curriculum vitae;

d. A list of the members of the agency's governing body described in R6-5-7424, including: name, address, position in the agency, term of membership, and any relationship to the applicant;

e. A list of licenses or certificates for provision of medical or social services, currently or previously held by the applicant or persons listed in subsection (A)(1)(b), including those held in this state or another state or country;

f. A written description of any proceedings for denial, suspension or revocation of a license or certificate for provision of medical, psychological, behavioral health, or social services, pending or filed, or brought against the applicant or a person listed in subsection (A)(1)(b), including those held in this state or another state or country; and

g. A written description of any litigation in which the applicant or a person listed in subsection (A)(1)(b) has been a party, including, without limitation, collection matters and bankruptcy proceedings during the 10 years preceding the date of application.

Business organization.

a. An organizational chart for the agency and each separate facility, showing administrative structure and staffing, and lines of authority;

b. Business organization documents appropriate to the applicant, including:

i. Articles of incorporation, by-laws, annual reports for the preceding three years; or

ii. Partnership or joint venture agreement;

c. For corporations, a certificate of good standing from the Arizona Corporation Commission or comparable entity from a foreign state; and

d. A statement as to whether the applicant is for-profit or not-for-profit if not explained in other documents already provided.

3. Staff.

a. A list of the applicant's paid staff, including:

i. Name;

ii. Position or title;

iii. Degrees, certificates, or licenses held;

iii. Business address;

iv. Date of hire;

v. Date of last physical; and

vi. Date of submission for fingerprinting and background clearance;

b. Evidence that staff have submitted fingerprints and criminal background information, as prescribed in A.R.S. § 46-141 and R6-5-7431 and obtained a physical exam as prescribed in R6-5-7431(F); and

c. For any staff whose primary residence is the facility,

i. The name and date of birth of any persons residing with the staff member;

ii. Evidence that any adult residing with the staff member has submitted fingerprints and criminal background information as prescribed in R6-5-7431 and is free from communicable diseases posing a danger to children in care, as prescribed in R6-5-7431(H); and

iii. Evidence that the staff member's children who reside at the facility have current immunizations.

4. Financial Stability.

a. A written, proposed operating budget for start up and the first year of operation;

b. Verifiable documentation of funds available to pay start-up costs; the funds shall be in the form of cash or written authorization for a line of credit;

c. Verifiable documentation of funds available to pay operating expenses for the first three months of operations; the funds shall be in the form of cash or written authorization for a line of credit;

d. Verifiable documentation of financial resources to operate in accordance with the proposed operating budget for the remaining nine months of the licensing year; the resources may include:

i. Cash;

ii. Contracts for placement;

iii. Donations;

iv. Grants; and

v. Authorization for a line of credit;

e. If the applicant or one of the persons listed in subsection (A)(1)(b) has operated any child welfare agency in this state or any other state during the past 10 years, the most recent financial statement and financial audit for that agency, unless the most recent statement or audit is more than 10 years old; and

f. A certificate of insurance, or letter of commitment from an insurer, showing that the applicant has insurance coverage as prescribed in R6-5-7426.

5. Program.

a. Informational or advertising material about the agency and its facility;

b. For each facility, a written description of:

i. All services the applicant intends to provide;

ii. The number and type of children the applicant will serve, including: age, gender, special needs, or particular behavior problems;

iii. The anticipated sources of placement and referral;

iv. Number and qualifications of paid staff who will provide services, including the staff-child ratio, per living unit, during a 24-hour day, for a seven-day week; and

c. Program description, including:

i. Goals and objectives;

ii. Educational activities, with attached copy of Arizona Department of Education approval, if applicable;

iii. Recreational activities;

iv. Food and nutrition, with sample menus;

v. Behavior management practices;

vi. Religious practices, if any; and

vii. Medical services.

Documentation, Forms, and Notices. Samples of all documents, forms, and notices which the applicant will use with or provide to children placed with the agency, the parents and guardians of those children, and the persons and entities who place children, including:

a. Agency application for services;

b. Agency placement agreement;

c. Intake form;

d. Child's case file and medical record;

e. Forms for reports to courts and placing agencies;

f. Statement of client rights;

g. Unusual incident reports; and

h. Sample medication logs.

7. Policies and Procedures. The applicant's internal policies, procedures, and operations manual.

8. Physical site and environment.

a. The floor plan for each facility;

b. A DHS health and safety inspection report for each facility;

c. Documentation showing that the local zoning authority verifies that each agency facility complies with all applicable zoning requirements;

d. Fire safety inspection report from the state fire marshall or a local fire department inspector for each facility;

e. Any water supply report as prescribed in R6-5-7458(D);

f. Gas equipment inspection report as prescribed in R6-5-7465(D)(1); and

g. Any other inspection certificates or reports prescribed in this Article, and any building occupancy certificates.

Miscellaneous.

a. A statement authorizing the Department to investigate the applicant;

b. The signature, under penalty of perjury, of the agency administrator or person submitting the application, attesting to the truthfulness of the information contained in the application; and

c. The date of application.

B. If an applicant has attached a copy of a policy or procedure which describes the applicant's practice or procedure on a particular issue, the applicant need not separately describe the policy or procedure on the application form, but shall indicate that the description is contained in a particular identified and attached policy.

C. If the Licensing Authority needs additional information to determine the applicant's fitness to hold a license or an operating certificate, ability to perform the duties of a licensee as prescribed in this Article, or ability to fulfill the requirements prescribed in the applicant's policies, procedures, and program description, the Licensing Authority may require the applicant to provide additional information, including a signed form permitting a specifically named person or entity to release information to the Licensing Authority.

D. An agency which does not have or is unable to obtain all or part of the information or supporting documentation listed in subsection (A) shall so indicate in a written statement filed with the application. The written statement shall explain why the information or documentation is unavailable.

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Former Section R6-5-7405 repealed; new Section R6-5-7405 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7406 Site Inspection

A. After receiving a complete application package, the Licensing Authority shall notify the applicant that the application is complete, and shall schedule the applicant for a site inspection, which may require more than one visit to a site.

B. The site inspection shall begin no later than 45 days after the Licensing Authority receives the applicant's completed application package.

C. During the site inspection, the licensing representative shall:

1. Inspect the facility to ensure that any deficiencies identified in the DHS inspection report have been remedied;

2. Verify that the facility meets the requirements of this Article;

3. Review the applicant's policies and procedures;

4. Review model client files;

5. Review personnel files;

6. Inspect the applicant's books, records, and proposed forms;

7. Interview one or more of the applicant's governing board members, incorporators or organizers, and a representative sampling of staff who have been hired; and

8. Inspect the applicant's computer security system and review the applicant's confidentiality safeguards.

D. For an initial application, the administrative completeness review time-frame described in A.R.S. § 41-1072(1) is 75 days. Before expiration of the time-frame, the Licensing Authority shall send the applicant written notice of administrative completeness or deficiency as prescribed in A.R.S. § 41-1074(A).

E. If the applicant does not supply the missing information, as prescribed in the notice, within 60 days of the notice date, the Licensing Authority may close the file. An applicant whose file has been closed, who later wishes to become licensed, may reapply.

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Former Section R6-5-7406 repealed; new Section R6-5-7406 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7407 Licensing Study

A. The licensing representative shall summarize the results of the site visit, and other information gathered during the licensing process in a written licensing study, which shall be the basis for the licensing decision.

B. The licensing study shall describe whether the applicant has:

1. Complied with all application and inspection requirements; and

2. Demonstrated that it has:

a. The capital to pay all start-up costs and the financial ability to meet one year's operating expenses, as prescribed in R6-5-7405(A)(4);

b. The staff, expertise, facilities, and equipment to provide the services it plans to offer; and

c. The ability and intent to comply with the standards and requirements of this Article.

C. The applicant may obtain a copy of the licensing study, upon request.

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Former Section R6-5-7407 repealed; new Section R6-5-7407 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7408 Licensing Decision: Issuance; Denial; Time-frames

A. The Licensing Authority shall issue a written licensing decision within 30 days of concluding the applicant's final site visit. This 30 day period is the substantive review time-frame required by A.R.S. § 41-1072(3).

B. The licensing decision shall explain whether the Licensing Authority will grant or deny a license, and the terms of the license.

1. If the Licensing Authority grants a license, the Licensing Authority shall send the license and any operating certificates with the notification letter.

2. If the Licensing Authority issues a provisional license as prescribed in R6-5-7419 or denies a license, the Licensing Authority shall send the notice by certified mail. The notice shall contain the information listed in R6-5-7421(B) for a notice of adverse action.

C. The overall time-frame for an initial license is 105 days.

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Former Section R6-5-7408 repealed; new Section R6-5-7408 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7409 Licenses and Operating Certificates: Form; Term; Nontransferability

A. If an agency's administrative office is located separately from an agency facility, the Licensing Authority shall issue a license to the agency and an operating certificate to each facility the agency operates. If the agency and facility occupy the same location, the Licensing Authority shall issue only a license, with the information required for an operating certificate.

1. A license shall:

a. Identify the agency name, and the geographic area in which the agency is licensed to operate;

b. List each facility the agency operates, and the total number of children the agency is authorized to serve; and

c. Require the agency to operate each facility in accordance with the operating certificate issued to the particular facility.

2. An operating certificate shall:

a. Identify the agency operating the facility;

b. Identify the facility name, if different from the agency name, and the geographical area in which the facility is authorized to operate;

c. List the type of service or program to be offered at the facility; and

d. Specify the number, gender, and ages of children the facility may receive for care.

B. An operating certificate is not valid unless it has been issued in the name of an agency holding a license. Except as otherwise prescribed in subsection (A) for an agency and facility at the same location, a facility cannot operate without a current operating certificate.

C. A license and an operating certificate expire one year from the date of issuance, except as otherwise provided in R6-5-7410 for satellite facilities and in R6-5-7419 for provisional licenses.

D. An agency shall post its current license in the agency, in a conspicuous location, visible to the public. The agency shall post a facility's current operating certificate in a conspicuous location within the facility.

E. A license and an operating certificate cannot be transferred or assigned, and shall expire upon a change in ownership. For the purpose of this Section, a "change in ownership" includes any of the following events:

1. Sale or transfer of the agency or facility;

2. Bulk sale or transfer of the agency's or facility's assets or liabilities;

3. Placement of the agency or facility in the control of a court appointed receiver or trustee;

4. Bankruptcy of the agency or facility;

5. Change in the composition of the partners or joint venturers of an agency or facility organized as a partnership;

6. Sale or transfer of a controlling interest in the stock of a corporate agency or facility; or

7. Loss of an agency's or facility's nonprofit status.

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Amended effective May 25, 1979 (Supp. 79-3). Amended subsection (H) effective January 2, 1981 (Supp. 81-1). Former Section R6-5-7409 repealed; new Section R6-5-7409 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7410 Licensed Agency: Application for an Operating Certificate for an Additional Satellite Facility

A. A currently licensed agency that wishes to obtain an operating certificate for an additional satellite facility shall send the Licensing Authority a letter of intent. The letter of intent shall include the following information:

1. The applicant's name, address, and telephone and telefacsimile numbers;

2. The name of the applicant's chief executive officer or administrator;

3. The name, address, and telephone and telefacsimile numbers of the additional facility;

4. A request that the Licensing Authority schedule the additional facility for a DHS health and safety inspection;

5. The name of the person who will be in charge of the additional facility, with a description of that person's qualifications;

6. A description of program and services to be offered at the proposed facility, including any policy or procedures unique to the facility;

7. A statement as prescribed in R6-5-7403(A)(5) for the applicable school district; and

8. All of the information listed in R6-5-7405(A) that differs from the information already on file for the agency, including:

a. Floor plan,

b. Fire inspection,

c. Zoning clearance letter,

d. Certificate of insurance,

e. Evidence of financial stability,

f. List of paid staff with the information required by R6-5-7405(A)(3), and

g. Facility staffing schedule.

B. Upon receipt of all information listed in subsection (A), and a report of the DHS health and safety inspection, the Licensing Authority shall schedule the facility for a site inspection, as provided in R6-5-7406.

C. The Licensing Authority shall prepare a licensing study and issue a licensing decision on the application for the additional operating certificate as prescribed in R6-5-7407 through R6-5-7408 . In determining whether to grant an additional operating certificate to an agency operating under a provisional license, the Licensing Authority shall also consider:

1. The nature and extent of the problems giving rise to the deficiency that caused the agency to be placed on provisional license status; and

2. The agency's progress on its corrective action to resolve the problems.

D. An operating certificate for an additional satellite facility expires at the end of an agency's regular licensing year.

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Former Section R6-5-7410 repealed; new Section R6-5-7410 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7411 Application for Renewal of License and Operating Certificates

A. No earlier than 90 and no later than 60 days prior to the expiration date of a license, an agency may apply to the Licensing Authority for renewal of its license and any operating certificates. The Licensing Authority does not have a duty to notify the agency of license expiration. The agency shall contact the Licensing Authority to request a renewal application and to schedule a DHS health and safety inspection. The agency shall schedule its own fire inspection. Failure to timely apply or obtain inspections may result in suspension of the agency's license until the renewal process is completed.

B. An agency shall apply for renewal on a Department application form containing the information required in this Section.

C. An agency shall submit copies of the completed renewal application and supporting documents to the Licensing Authority. If the agency has not amended, changed or updated the information or documentation since the agency last applied for or renewed its license, the agency shall indicate "no change" on the documents submitted with the renewal application.

D. With a renewal application, the agency shall also submit the following documentation:

1. A current financial statement prepared by an independent certified public accountant who is not employed by the agency;

2. A certificate of current insurance coverage as prescribed in R6-5-7426;

3. A copy of the agency's current budget and the agency's audit report for its preceding fiscal year;

4. Identification of and the following background information on the agency, facility, and administrators:

a. Name, address, and telephone and telefacsimile numbers for the agency and all facilities operated by the agency;

b. Name, title, business address, and telephone and telefacsimile number of:

i. The person who serves as the chief executive officer (CEO) as prescribed in R6-5-7432(A);

ii. The person who serves as the program director as prescribed in R6-5-7432(B);

iii. The person with delegated authority to act when the CEO is absent;

iv. The person in charge of each separate facility as prescribed in R6-5-7432(C);

v. Persons holding at least 10% ownership interest in the applicant; and

vi. The agency and facility medical directors, if applicable;

c. The educational qualifications and work history for each person listed in subsection (D)(4)(b), with that person's attached resume, employment application, or curriculum vitae;

d. A list of the members of the agency's governing body described in R6-5-7424, including name, address, position in the agency, term of membership, and any relationship to the applicant;

e. A list of licenses or certificates for provision of medical or social services currently or previously held by the applicant or persons listed in subsection (D)(4)(b), including those held in this state or another state or country; the list shall include the dates the person held the license or certificate;

f. A written description of any proceedings for denial, suspension, or revocation of a license or certificate for provision of medical, psychological, behavioral health, or social services, pending or filed, or brought against the applicant or a person listed in subsection (D)(4)(b), including those held in this state or another state or country; and

g. A written description of any litigation in which the applicant or a person listed in subsection (D)(4)(b) has been a party during the 10 years preceding the date of application, including, collection matters and bankruptcy proceedings.

5. An organizational chart for the agency and each separate facility, showing administrative structure and staffing, and lines of authority.

6. The following information on staff:

a. A list of applicant's paid staff, including:

i. Name;

ii. Position or titles;

iii. Degrees, certificates, or licenses held;

iv. Business address;

v. Date of hire;

vi. Date of last physical; and

vii. Date of submission for fingerprinting and background clearance;

b. For any staff whose primary residence is the facility:

i. The name and date of birth of any persons residing with a staff member;

ii. Evidence that any adult residing with a staff member has submitted fingerprints and criminal background information as prescribed in R6-5-7431 and is free from communicable diseases posing a danger to children in care, as prescribed in R6-5-7431(H); and

iii. Evidence that the staff member's children who reside at the facility have current immunizations.

7. Copies of any written complaints the agency has received about its performance at its facilities during the expiring license year and the agency's response to the complaints; and

8. A written description of any changes in program services or locations, or the children served by the agency.

E. For a renewal application, the administrative completeness review time-frame described in A.R.S. § 41-1072(1) begins when the applicant submits a renewal application form and the required documentation listed in this Section.

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Former Section R6-5-7411 repealed; new Section R6-5-7411 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2). Amended by final rulemaking at 6 A.A.R. 4032, effective September 29, 2000 (Supp. 00-3).
Ariz. Admin. Code § R6-5-7412 Renewal of License and Operating Certificates: Site Inspection; Time-frames; Standard for Issuance

A. Upon receipt of a complete renewal application, the Licensing Authority shall schedule the renewal applicant for a DHS health and safety inspection.

B. Upon receipt of the DHS inspection report and a complete renewal application package, the Licensing Authority shall schedule the applicant for a site inspection of the agency and each agency facility.

C. At the renewal site inspection, the licensing representative shall investigate the agency and facilities as prescribed in R6-5-7406, and may also:

1. Interview staff,

2. Interview clients and references,

3. Observe staffings,

4. Review a random sample of client and staff files,

5. Conduct field visits to agency branch offices and facilities.

D. For a renewal application, the administrative completeness review time-frame described in A.R.S. § 41-1072(1) is 45 days. Before expiration of the time-frame, the Licensing Authority shall send the applicant written notice of administrative completeness or deficiency as prescribed in A.R.S. § 41-1074(A).

E. If the applicant does not supply the missing information, as prescribed in the notice, within 60 days of the notice date, the Licensing Authority may close the file. An applicant whose file has been closed, who later wishes to become licensed, may reapply.

F. The Licensing Authority shall issue a licensing decision within 25 calendar days of concluding the applicant's final site visit. This 25-day period is the substantive review time-frame under A.R.S. § 41-1072(3). The overall time-frame for a issuance of a renewal license is 70 days.

G. The Licensing Authority may renew an agency's license and any operating certificate for its facility when the agency and facility:

1. Demonstrate compliance with the standards set forth in applicable statutes and this Article;

2. Have complied with applicable statutes and the requirements of this Article during the expiring period of licensure; and

3. Have corrected any problems that resulted in imposition of a provisional license.

H. The Licensing Authority shall issue a renewal licensing decision as prescribed in R6-5-7408(B).

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Former Section R6-5-7412 repealed; new Section R6-5-7412 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7413 Notification to Licensing Authority of Changes Affecting License; Staff Changes

A. A licensee shall send the Licensing Authority written notification of any planned change in the licensee's name, ownership, agency location, facility location, governing board member, chief executive officer, or program director, at least one month before the change. If the change occurs without sufficient time for prior written notice, the licensee shall orally notify the Licensing Authority as soon as the change is known, and shall send the Licensing Authority written confirmation within 48 hours of giving oral notice.

B. If a licensee wishes to make a substantial change as described in subsection (C), the licensee shall:

1. Provide the Licensing Authority with prior written notice of the change at least one month before the effective date of the change; and

2. Apply for an amended license as prescribed in R6-5-7414.

C. As used in subsection (B), "substantial change" means any of the following:

1. An event that will cause the licensee to be out of compliance with:

a. The terms stated on the face of the license or an operating certificate; or

b. A standard prescribed in this Article;

2. A change in a building or a physical site at the agency or facility if that change will alter the level or nature of care provided to children; or

3. Substantive revision of the policies and procedures required by this Article.

D. Within five work days of a paid staff member's hiring or separation, the licensee shall complete and send the Licensing Authority a Department form LC-008, "Child Welfare Agency Employee Central Registry," with the following information on the paid staff member:

1. Name,

2. Date of birth,

3. Social security number,

4. Date fingerprinted and fingerprinting results,

5. Position held,

6. Date of and reason for separation from employment, and

Opportunity for rehire.

History

  • Adopted effective May 19, 1977 (Supp. 77-3). Former Section R6-5-7413 repealed; new Section R6-5-7413 filed with the Secretary of State's Office May 15, 1997; adopted effective July 1, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7414 Amended License or Operating Certificate

A. The Licensing Authority may issue an amended license or operating certificate to reflect a change in an agency or facility name or the terms of a license or an operating certificate if the change does not cause the agency or facility to fall out of compliance with applicable statutes and this Article.

B. The Licensing Authority shall not issue a license for an agency or an operating certificate for a facility that has moved to a new location until the agency or facility has:

1. Provided the information listed in R6-5-7405(A)(8) ,

2. Passed a DHS health and safety inspection,

Passed a fire inspection,

4. Passed a Licensing Authority site inspection, and

5. Submitted any new staff and household members for fingerprinting and criminal background checks as prescribed in A.R.S. § 46-141 and R6-5-7431.

C. An amended license or operating certificate expires at the end of the agency or facility's regular licensing year.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7415 Alternative Method of Compliance

A. The Licensing Authority, with the approval of the Attorney General's Office, may permit a licensee to substitute an alternative method of compliance for a licensing requirement or objective prescribed in this Article and not otherwise required by law, if the following conditions are met:

1. The licensee seeking to achieve compliance through an alternative methodology proposes, to the satisfaction of the Licensing Authority, that the licensee can satisfy the objective of the requirement through the alternative methodology; and

2. Allowing the licensee to achieve compliance through an alternative method will not jeopardize the health, safety, or well-being of children who are or may be placed in the licensee's care.

B. Approval of an alternative methodology expires as prescribed in the written letter authorizing the alternative, or at the end of the licensing year, and must be annually renewed.

C. The Licensing Authority is not obligated to permit an alternative method of compliance or to renew approval of the alternative methodology.

D. The Licensing Authority shall document the alternative and the findings required by subsection (A) in the licensing file.

E. The Licensing Authority may revoke the licensee's permission to comply through an alternative method if the Licensing Authority finds that a condition listed in subsection (A)(1) or (2) is not met.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7416 Monitoring

A. The Licensing Authority shall monitor the ongoing operations of agencies and facilities.

B. Monitoring activities may include the following:

Announced and unannounced inspections of an agency or a facility, including both physical premises and internal operations, books, records, policies, procedures, logs, manuals, files, inspection reports, certificates, and any other document prescribed by this Article;

2. Interviews with clients, staff, or other persons with information about the agency; and

3. Observation of program activities.

C. A licensee shall cooperate with the Licensing Authority's monitoring functions. Cooperation includes:

1. Making the agency, facility, and program activities available to licensing representatives for inspection and observation;

Providing the Licensing Authority with information or documentation requested;

3. Making staff available for interview; and

Allowing children in care to be interviewed.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7417 Complaints; Investigations

A. If the Licensing Authority receives an oral complaint about a licensee, agency, or facility, the Licensing Authority shall ask the complaining party to submit the complaint in writing, but shall investigate complaints as prescribed in this Section even if the complaining party does not put the complaint in writing.

B. The Licensing Authority shall refer all complaints involving allegations of child maltreatment to CPS as required by A.R.S. § 13-3620 for investigation as prescribed in A.R.S. § 8-546.01(C).

C. The Licensing Authority shall investigate complaints about a licensee through one or more of the following methods:

1. Telephone contact with the licensee,

2. Interviews with the complaining party,

3. Interviews with the licensee's staff,

Interviews with the licensee's clients,

5. Interviews of witnesses to the matters at issue,

6. Inspections of records and documents related to the issues raised in the complaint,

7. Announced and unannounced inspections of the agency or a facility,

Evaluation of a law enforcement or CPS report for evidence of a licensing violation, and

9. Any other activity necessary to validate or refute the allegations.

D. A licensee shall cooperate in any Department investigation as prescribed in R6-5-7416(C).

E. Upon completion of an investigation as described in subsection (C), the Licensing Authority shall:

1. Find that the complaint is invalid, document the findings in the agency's licensing file, and close the investigation;

2. Find that the complaint is valid and take disciplinary action against the licensee as prescribed in R6-5-7419 and R6-5-7420, or require corrective action as prescribed in R6-5-7418; or

3. Find that the complaint cannot be validated or refuted based on the available evidence and document the finding in the licensing file.

F. The Licensing Authority shall provide the licensee with an oral report of any findings made under subsection (E) and, upon the licensee's request, a copy of the written findings placed in the licensee's file. At the time of giving the oral report, the licensing representative shall advise the licensee of the opportunity to obtain a copy of the written findings.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7418 Corrective Action

A. If a deficiency is correctable within a specified period of time and does not jeopardize the health or safety of a child, the Licensing Authority may place the agency on a corrective action plan to cure the deficiency in lieu of the disciplinary measures prescribed in R6-5-7419 and R6-5-7420.

B. In determining whether to require corrective action in lieu of other disciplinary action, the Licensing Authority shall consider the following criteria:

1. The nature of the deficiency;

Whether the deficiency can be corrected;

3. Whether the licensee and its affected staff understand the deficiency and show a willingness and ability to participate in corrective action;

4. The length of time required to implement corrective action;

5. Whether the same or similar deficiencies have occurred on prior occasions;

6. Whether the licensee has had prior corrective action plans, and, if so, the licensee's success in achieving the required goals of the plan;

7. The licensee's history in providing care; and

8. Other similar or comparable factors demonstrating the licensee's ability and willingness to follow through with a corrective action plan and avoid future deficiencies.

C. The agency shall prepare a corrective action plan for the review and approval of the Licensing Authority.

1. The plan shall explain:

a. How the agency will remedy the non-compliance;

b. The time periods for completing all corrective action; and

c. The agency staff responsible for carrying out the corrective action plan.

2. The plan shall provide for the agency to send the Licensing Authority periodic reports on the agency's progress, and a final report when all corrective action is completed.

3. An authorized representative of the agency shall sign and date the corrective action plan.

D. In deciding whether to approve a plan, the Licensing Authority shall ensure that the plan:

1. Will correct the identified deficiency within a specified period of time;

2. Identifies persons responsible for executing the steps listed in the plan; and

3. Permits the Licensing Authority to monitor the Licensee's progress in completing the plan.

E. The Licensing Authority may conduct announced and unannounced inspections of the agency or facility to monitor implementation of a corrective action plan. The licensee shall cooperate in any monitoring inspection as prescribed in R6-5-7416(C).

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7419 Provisional License

A. If an agency or a facility is temporarily unable to conform to the standards prescribed in this Article, the Licensing Authority may issue a provisional license to the agency, or convert a regular license to provisional status, as prescribed in A.R.S. § 8-505(C). For the purpose of this Section, "temporarily unable" means a time period of six months or less.

B. The Licensing Authority may impose provisional license status on an agency operating multiple facilities even though less than all facilities are out of compliance.

C. The Licensing Authority may issue a provisional license only when:

1. The non-compliance is correctable; and

2. The non-compliance does not jeopardize the health, safety, or well-being of children in care.

D. If the Licensing Authority issues a provisional license, the agency shall cooperate with the Licensing Authority to develop a written corrective action plan that meets the requirements of R6-5-7418(C) and (D) and shall comply with the terms of the plan.

E. If an agency receives a provisional license at the time of annual renewal and the license is later converted to a regular license during the agency's licensing year, the regular license expires one year from the date the provisional license was issued.

F. If an agency receives a regular license at the time of annual renewal, and the license is converted to a provisional license during the agency's licensing year, the agency's license expires one year from the date the regular license was issued.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7420 Denial, Suspension, and Revocation of a License or Operating Certificate

A. The Licensing Authority may deny, suspend, or revoke a license or operating certificate when:

1. An applicant or licensee has violated or is not in compliance with licensing rules and standards, Arizona state or federal statutes, or city or county ordinances or codes;

2. An applicant or licensee refuses to cooperate with the Licensing Authority in providing information required by these rules or any information required to determine compliance with these rules;

3. An applicant or licensee misrepresents or fails to disclose information to the Department regarding qualifications, experience, or performance of duties;

4. A licensee fails to cooperate in developing a corrective action plan after a request by the Licensing Authority, or fails to comply with a corrective action plan; or

5. An applicant or licensee is unable or unwilling to meet the physical, emotional, social, educational, or psychological needs of children in care.

B. In determining whether to deny a license, to take disciplinary action against a licensee, or to renew a license, the Licensing Authority may consider the licensee's past history from other licensing periods, both in Arizona and in other jurisdictions, and shall consider a pattern of violations of applicable child welfare statutes or rules, as evidence that an applicant or licensee is unable or unwilling to meet the physical, emotional, social, educational, or psychological needs of children.

C. The Licensing Authority shall deny, suspend, or revoke a license when an individual applicant or licensee has been convicted of or is awaiting trial on the criminal offenses listed in A.R.S. § 46-141.

D. The Licensing Authority shall deny, suspend, or revoke a license when an agency or facility:

1. Retains staff who have been convicted of or are awaiting trial on the criminal offenses listed in A.R.S. § 46-141;

2. Allows an adult other than those described in subsection (D)(1), who has been convicted of or is awaiting trial on the offenses listed in A.R.S. § 46-141, to reside at a facility; or

Allows any staff or other adult at the facility, who has committed an offense listed in A.R.S. § 46-141(D), to have contact with children in care.

E. The Licensing Authority may deny, suspend, or revoke a license when an applicant or licensee, any staff member, or any other adult who resides at the facility, has been convicted of or found by a court to have committed, or is awaiting trial on any criminal offense, other than those listed in A.R.S. § 46-141. In determining whether a person's criminal history affects an applicant's or licensee's fitness to hold a license, the Licensing Authority shall consider all relevant factors, including the following:

1. The extent of the person's criminal record, if any;

2. The length of time which has elapsed since the offense was committed;

3. The nature of the offense and whether the offense was originally classified as a felony or a misdemeanor;

4. The circumstances surrounding the offense;

5. The degree to which the person participated in committing the offense;

6. The extent of the person's rehabilitation; and

7. The person's role within the agency or facility.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7421 Adverse Action; Procedures; Effective Date

A. When the Licensing Authority plans to take adverse action against a licensee, the Licensing Authority shall give the licensee written notice of the adverse action by certified mail.

B. The notice shall specify:

1. The action taken;

2. All reasons supporting the action;

3. The sections of law justifying the action;

4. The procedures by which an applicant or licensee may contest the action taken, and the time periods for doing so;

An explanation of the applicant or licensee's right to request an informal settlement conference as prescribed in A.R.S. § 41-1092.03(A); and

6. If the Licensing Authority summarily suspends a license as provided in A.R.S. § 41-1064(C), the required finding of emergency.

C. The following actions are not appealable adverse actions:

1. Imposition of a corrective action plan to bring the licensee into compliance with licensing requirements, absent any material change in licensing status;

2. Denial or revocation of permission for an alternate method of compliance or operation of a barracks facility as prescribed in R6-5-7461(B) and R6-5-7462(B); and

3. A staff member's failure to clear the criminal history check prescribed in R6-5-7431(B).

D. Except as otherwise provided in A.R.S. § 41-1064 for emergency suspensions, adverse action is effective:

1. If a licensee does not appeal the adverse action, 31 days after the postmark date of the notice prescribed in subsection (A); or

2. If the licensee appeals the adverse action, when there is a final administrative decision, as prescribed in A.R.S. § 41-1092.08(D), affirming the adverse action.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7422 Appeals

A. An applicant may appeal the denial of a license and a licensee may appeal adverse action under A.R.S. § 8-506.01 and A.R.S. Title 41, Chapter 6, Article 10.

B. The applicant or licensee shall file a notice of appeal with the Licensing Authority. The notice shall contain the information required by A.R.S. § 41-1092.03(B).

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7423 Statement of Purpose; Program Description and Evaluation; Compliance with Adopted Policies; Client Rights; Single Category of Care

A. A licensee shall have a written statement which describes its philosophy, purpose, and program for children in care, and the nature and extent of any family involvement in the program.

B. A licensee shall have a written description of all services each facility provides to children in care and their families and the methods of service delivery.

C. A licensee shall follow all plans, policies, and procedures the licensee adopts in accordance with this Article.

D. A licensee shall annually evaluate whether a facility is achieving the objectives described in R6-5-7405(A)(5)(c)(i) . The licensee shall make a written report of the evaluation and provide a copy to the Licensing Authority at the time of license renewal.

E. A licensee shall have a statement of client rights.

F. A licensee shall not combine its child welfare program, as defined pursuant to subsection (A), with other forms of care or programming such as child care, nursing or convalescent care for adults, or adult developmental care unless the licensee:

1. Physically separates children in the child welfare program from persons in other programs, and

2. Prevents interaction between children in the child welfare program and persons in other programs.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7424 Governing Body

A. A licensee shall have a governing body to oversee the operations, policies, and practices of the agency and its facilities. The governing body shall be:

1. The board of directors for an agency that is a non-profit corporation, or

The board of directors or individual owner of an agency that is a for-profit organization.

B. The governing body shall:

1. Ensure that the licensee provides the services described in the licensee's statement of purpose;

2. Adopt an annual budget of anticipated income and expenditures necessary to provide the services described in the licensee's statement of purpose;

3. Approve the licensee's annual financial audit report;

4. Establish a policy and procedure for selection and retention of staff sufficient to operate the agency and its facilities in accordance with this Article;

5. Unless the licensee is a sole proprietorship, meet at least four times each year, and maintain records of attendance and minutes of the meetings;

6. Develop criteria and written procedures for selection of the governing body members, and the chief executive officer as required by R6-5-7432(A);

7. Employ a chief executive officer who meets the qualifications prescribed in R6-5-7432(A), to whom the governing body shall delegate responsibility for the daily administration and operation of the agency;

8. Regularly evaluate the chief executive officer's performance; and

9. Review and approve the agency's policies and procedures, and any amendments to them.

C. A licensee shall maintain a list of the governing body's members; the list shall include each member's the name, address, term of membership, and relationship to the licensee, if any.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7425 Business and Fiscal Management; Annual Audit

A. A licensee shall maintain complete and accurate accounts, books, and records as prescribed in this Article, and in accordance with generally accepted accounting practice.

B. A licensee shall operate on the annual budget approved by its governing board.

C. A licensee shall regularly record its financial transactions and maintain, for five years, its financial records including receipts, disbursements, assets, and liabilities.

D. A licensee shall have an annual, fiscal year-end, financial audit by an independent certified public accountant who shall conduct the audit in accordance with generally accepted auditing standards. The audit report shall include the following financial information:

1. Income statement,

2. Balance sheet,

3. Statement of cash flow,

4. A statement showing monies or other benefits the licensee has paid or transferred to any of the following:

a. Business entities affiliated with the licensee,

b. The licensee's directors or officers,

c. The licensee's chief executive officer or program director,

d. The family member of a person listed in subsections (D)(2)(e)(ii) or (iii), or

e. Another agency.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7426 Insurance Coverage

A licensee shall have insurance coverage that provides protection against financial loss as prescribed in this Section.

1. The licensee shall carry liability insurance covering accidents, injuries, errors and omissions in the minimum amount of $100,000 per person, and $300,000 per accident or event.

2. The licensee shall ensure that any vehicle the licensee owns or uses to transport children in care has the following insurance coverage:

a. Injury per person: $100,000,

b. Injury per accident: $300,000, and

c. Property damage: $25,000.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7427 Confidentiality

A. Except as otherwise allowed by law, a licensee's records concerning children in care and their families are confidential, and the licensee shall not disclose or knowingly permit the disclosure of confidential information.

B. A licensee shall have written policies and procedures for keeping records secure, in a manner that preserves confidentiality and prevents loss, tampering, or unauthorized use. The policies and procedures shall:

1. Be consistent with any laws applicable to the specific records at issue; and

2. Cover the following:

a. The form in which children's records are maintained and stored;

b. Identification of the staff who:

i. Supervise the maintenance of records,

ii. Have custody of records, and

iii. Have access to records;

c. The persons to whom records may be released and under what circumstances records may be released, including release of information to custodial and non-custodial parents and guardians;

d. Photography, audio or audio-visual recording, and public identification of children; and

e. Participation of children or use of children's records in data research.

C. Before using personally identifiable information for publicity, fundraising, or research, a licensee shall obtain:

1. A written consent to release, as prescribed in subsection (E), from the child who is the subject of the information, if developmentally appropriate; and

2. A written consent to release, as prescribed in subsection (E), from the child's placing agency or person; or

3. Written authorization from the court, if the child is a ward of the court.

D. A licensee may release personally identifiable information about a child or family to persons who require the information to treat or provide services to the child unless the release is prohibited by law.

E. A consent to release shall include the following information:

1. The name of the person or agency to whom the information is to be released;

2. A description of the information to be disclosed;

3. The reason for disclosure;

4. The expiration date of the consent, not to exceed six months from date of signature; and

5. The dated signature of the person authorizing the release.

F. Notwithstanding any other provision of this Article, in a medical emergency, the licensee shall promptly release information from a child's record to persons who require the information to treat the child.

G. A licensee may withhold information if, in the judgment of the professional person treating the child, or the agency's program director, the release of information would be contrary to the child's best interests, unless the release is:

1. Ordered by a court,

2. Mandated by federal or state law,

3. Required by the licensee's agreement with the placing agency or person, or

4. Required by the Department to assess the licensee's compliance with the law.

H. If a licensee withholds information pursuant to subsection (G), the licensee shall:

1. Document, in the child's record, the reason for withholding the information;

2. Advise the person who requested the information that the person may grieve the withholding pursuant to the licensee's internal grievance process adopted in accordance with R6-5-7429.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7428 Children's Records: Contents, Maintenance, Destruction

A. A licensee shall maintain a current, separate case record for each child in care. The record shall be readily accessible to persons providing services to the child and shall include at least the following information:

1. The name, gender, race, religion, birthdate, and birthplace of the child;

2. The name, address, telephone number, and marital status of the child's parents;

3. The date of admission and source of referral;

4. The name, address, telephone number, and relationship to the child of the person with whom the child was living prior to admission, if other than the child's parent;

5. All documents related to the child's referral and admission of the child to the facility;

6. Documentation of the current custody and legal guardianship of the child;

The child's court status, if applicable;

8. Consent forms signed by the placing agency or person at the time of placement, allowing the licensee to authorize necessary medical care, medications, routine tests, and immunizations;

9. Service plans and all reviews, revisions, notes, and updates reflecting the child's and family's goals, and progress towards achievement of goals;

10. A plan for permanent placement of the child;

11. Education records and reports;

12. Vocational training and employment records, if applicable;

13. Treatment and clinical records and reports; and

14. The discharge summary required by R6-5-7442(B).

B. A licensee shall have the medical records required by R6-5-7455 . While the child is in care, the licensee may keep the child's medical records in a location separate from the records described in this Section. If the licensee keeps medical records in a separate location, the child's main record shall identify the location of the medical record.

C. All record entries shall be made in permanent ink or electronically. The licensee shall require personnel to date and legibly sign entries in a child's records.

D. If a licensee maintains a child's records in more than one place, the licensee shall:

1. Identify, in one location that is readily accessible to inspection by the Licensing Authority, the location of all parts of the record; and

2. Consolidate all records and notes into one case file, at one location, within 15 days following either:

a. A request for consolidation from the Licensing Authority; or

b. The date of the child's discharge from the facility.

E. A licensee shall maintain a child's record for the longest of the following time periods:

1. At least five years after the child's last discharge from the licensee's care;

2. At least three years after the child's 18th birthday; or

3. Another time period specified by applicable law or contract.

F. A licensee shall dispose of expired records in a manner that maintains confidentiality.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7429 Grievances

A. A licensee shall have a written policy and written procedures governing the receipt, consideration, and resolution of grievances brought to the licensee by children in care and their parents, regarding the licensee's program and care of children. The procedures shall:

1. Be written in a clear and simple manner that is developmentally appropriate for children in care;

2. Prohibit reprisal or retaliation against an individual who brings a grievance for the act of bringing the grievance;

3. Describe a process for fair and expeditious resolution of a grievance; and

4. Provide a means to tell the grievant about the action taken in response to the grievance.

B. A licensee shall maintain written records of grievance decisions for at least 12 months after the resolution.

C. The licensee shall maintain a log of grievances filed against the licensee. The licensee may keep a centralized agency log, or can maintain a separate log for each facility. The log shall include the following information:

1. Name of grievant;

2. Date grievance filed;

3. Description of the substance of the grievance;

Summary of the grievance resolution;

5. A copy of the grievance decision required by subsection (B), or a description of where the Licensing Authority can find the decision.

D. Copies of the grievance decisions may serve as the grievance log if:

1. The copies are kept in one central location that is readily accessible to the Licensing Authority,

2. The grievance decisions contain all the information listed in subsection (C), and

3. The licensee retains the decisions for at least three years following the date of grievance resolution.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2). Numbering for subsections (C) and (D) amended to correct typographical errors (Supp. 00-3).
Ariz. Admin. Code § R6-5-7430 Staff Management and Staff Records

A. A licensee shall have written staff policies and procedures which shall describe:

1. How the licensee recruits, screens, hires, supervises, trains, retains, develops, evaluates, disciplines, and terminates staff;

2. How the licensee handles staff resignations;

3. A job title, description and minimum qualifications for each position within the agency and all facilities;

4. The duties assigned to each position;

5. How the licensee handles staff grievances;

6. An organizational chart for the agency and all facilities; and

7. A method to assure privacy of staff records.

B. The licensee shall give all staff a copy of the person's own job description and allow staff access to the licensee's staff policies and procedures.

C. A licensee shall maintain a personnel record for all paid staff. The record shall include the following information, if applicable:

1. Application for employment including previous employment history and educational background;

2. Reference letters and documentation of phone notes on references that are dated and signed;

3. Documentation of the highest level of education achieved; the documentation may include a copy of a diploma, equivalence certificate, or record of notes of calls to educational institutions;

4. Medical examination reports on paid staff as required by R6-5-7431(F);

5. Medical examination reports on any other adult residing at the facility showing that the adult is free from communicable diseases as required by R6-5-7431(H);

6. Medical and immunization records on children who reside at the facility but are not in care, as required by R6-5-7431(H);

7. Copies of applicable professional licenses, credentials, and certifications, as required by R6-5-7431(A);

8. Documentation of fingerprinting and criminal records clearance as required by A.R.S. § 46-141 and R6-5-7431(B);

9. Record of all orientation and training received during employment;

Documentation showing that the paid staff member has read and agrees to abide by the facility's behavior management policies and procedures which shall include the dated signature of the paid staff member and a witness;

11. Documentation showing that the paid staff member has a valid driver's license if the paid staff member transports children;

12. Reports of all performance evaluations;

Documentation of any personnel actions or investigations that result in a written report;

14. Dates the paid staff member started and separated from employment; and

15. Reason for separation from employment.

D. A licensee shall maintain a personnel record on unpaid staff. The record shall include the following information, if applicable:

1. Application for work or study, including previous employment history and educational background;

2. Reference letters and documentation of phone notes on references that are dated and signed;

3. Medical examination reports, as required by R6-5-7431(F);

4. Copies of applicable professional licenses, credentials, and certifications, as required by R6-5-7431(A);

5. Documentation of fingerprinting and criminal records clearance as required by A.R.S. § 46-141 and R6-5-7431(B);

6. Record of all orientation and training received while affiliated with the licensee;

7. Documentation showing that the person has read and agrees to abide by the facility's behavior management policies and procedures which shall include the dated signature of the person and a witness;

8. Documentation showing that the person has a valid driver's license if the person transports children;

9. Reports of all performance evaluations;

Documentation of any personnel actions or investigations that result in a written report;

11. Dates the person began and ended affiliation with the licensee; and

12. Reason for ending affiliation with the licensee.

E. The licensee shall keep personnel records for at least three years after the staff member's separation from the licensee.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7431 General Qualifications for Staff

A. A licensee shall ensure that all staff providing services to children and their families under the licensee's program are currently certified, registered, or licensed as required by state law.

B. As prescribed in A.R.S. § 46-141, all staff having direct contact with children, and any persons age 18 or older who live at a facility, excluding children in care, shall be fingerprinted and shall certify on notarized forms provided by the Department whether they:

1. Are awaiting trial on or have ever been convicted of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

a. Sexual abuse of a minor;

b. Incest;

c. First or second degree murder;

d. Kidnapping;

e. Arson;

f. Sexual assault;

g. Sexual exploitation of a minor;

h. Contributing to the delinquency of a minor;

i. Commercial sexual exploitation of a minor;

j. Felony offenses involving distribution of marijuana or dangerous or narcotic drugs;

k. Burglary;

l. Robbery;

m. A dangerous crime against children as defined in A.R.S. § 13-604.01;

n. Child abuse;

o. Sexual conduct with a minor;

p. Molestation of a child;

q. Manslaughter;

r. Aggravated assault; and

2. Have ever committed any of the acts listed in subsections (B)(1)(a), (g), (i), (m), (n), (o), and (p).

C. A licensee shall not knowingly employ, retain, or allow to reside at a facility, any staff, or person age 18 or above, who is awaiting trial on or has been convicted of any of the criminal offenses listed in subsection (B), or the same or similar offenses in another state or jurisdiction. A licensee shall not knowingly allow a person who has committed any of the offenses listed in subsection (B)(2) to have contact with children in care.

D. For all staff, a licensee shall:

1. Verify at least two years immediate, or most recent, past employment through reference checks;

2. Obtain at least three references from persons not related to the staff member by blood or marriage, who can attest to the staff member's character, knowledge, and skill.

E. The licensee shall document verification of the reference information required in subsection (D).

F. A licensee shall have staff providing direct care to children obtain a physical examination by a licensed medical practitioner before beginning assigned duties and at least every two years while working.

G. All staff shall be free from any communicable disease that poses a danger to children in care and shall have the capacity to perform the essential functions of that person's job.

H. Other adults who reside at the facility shall be free from communicable disease that poses a danger to children in care. Children who reside at the facility but are not in care shall have current immunizations and be free from communicable disease that poses a danger to children in care.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7432 Qualifications for Specific Positions or Tasks; Exclusions

A. Chief Executive Officer "CEO": A licensee shall have a chief executive officer for the agency. The CEO:

1. Is responsible for general management, administration, and operation of the agency in accordance with this Article;

2. Ensures that:

a. Each child in care receives necessary professional services;

b. Appropriately qualified staff render services to children in care; and

c. The services are coordinated;

3. Shall have management experience and meet any other qualifications prescribed by the Governing Body;

4. Shall reside in Arizona;

5. Shall be accessible to staff, representatives of the Licensing Authority, and other governmental agencies; as used in this subsection, "accessible" means readily available to answer questions and to handle problems or emergencies that arise, either personally or through a chain of command; and

6. Shall designate a qualified person to perform administrative responsibilities whenever the CEO is inaccessible.

B. Program Director: A licensee shall have at least one person who is responsible for development, implementation, and supervision of an agency's programs and services. This person shall have at least:

A master's degree in social work or a related area of study from an accredited school and at least one year experience in the child welfare or child care services field; or

2. A bachelor's degree in social work or a related area of study from an accredited school and two years of experience in the child welfare or child care services field.

C. Facility Supervisor: If a licensee operates more than one facility, the licensee shall designate a person to supervise the operations of each facility.

D. Supervisors: Any staff member who supervises, evaluates, or monitors the work of the direct care staff shall have at least six months paid child care experience and at least 3 1/2 years of any combination of the following:

1. Paid child care or related experience; or

Post-high school education in social work or a related field.

E. Direct Care Staff: A person who supervises, nurtures, or cares for a child in care shall have at least:

1. A high school diploma or equivalency degree and one year experience in working with children; or

2. One year post-high school education in a program leading to a degree in the field of child welfare or human services.

F. Program Instructors: A person who supervises, trains, or teaches children in the performance of a physical activity that poses an unusually high risk of harm, such as archery, river rafting, rock climbing, caving, rappelling, and hang gliding, shall:

1. Be currently certified to perform the activity, if applicable;

2. Have at least three years of experience related to the activity; or

3. Have at least three letters of reference attesting to skill and experience in the activity.

G. CPR and First Aid Certification: A licensee shall ensure that:

1. Direct care staff are certified in pediatric cardiopulmonary resuscitation (CPR) and in first aid by the American Red Cross, the American Heart Association, or the Arizona Chapter of the National Safety Council within three months of being hired and before caring alone for children in care.

2. At least one staff member per shift, per facility is currently certified in CPR and first aid.

H. Multiple Functions: A licensee may allow one person to perform multiple functions or fill more than one position so long as:

1. The person performing multiple functions is qualified for the jobs held; and

2. The licensee does not violate the requirements of this Article, including R6-5-7437 governing staff-child ratios.

I. Exclusions: The educational requirements set forth in this Section do not apply to persons employed with a licensee on the effective date of this Article. These requirements do apply to:

1. Persons hired as employees after the effective date of this Article; and

2. Persons who:

a. Are employed with a licensee on the effective date of this Article;

b. Subsequently separate from that employment; and

c. Later seek employment with the same or a different licensee.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2). Amended by final rulemaking at 6 A.A.R. 4032, effective September 29, 2000 (Supp. 00-3).
Ariz. Admin. Code § R6-5-7433 Orientation and Training for Staff

A. A licensee shall have a written plan for orientation and training of all staff. The plan shall include a method for the licensee to evaluate whether the person has actually learned the information that was the subject of orientation or training.

B. All staff shall receive initial orientation and training before assignment to solo supervision of children. The initial orientation and training shall include:

1. Acquainting staff with the licensee's philosophy, organization, program, practices, and goals;

2. Familiarizing staff with the licensee's policies and procedures, including those on confidentiality, client and family rights, grievances, emergencies and evacuations, behavior management, preventing and reporting child maltreatment, recordkeeping, medications, infection control, and treatment philosophy;

3. Training staff in cardiopulmonary resuscitation (CPR) and first aid according to American Red Cross guidelines as prescribed in R6-5-7432(G);

4. Training staff to do the initial health screening prescribed in R6-5-7438(E)(9); the licensee shall have a licensed medical practitioner provide this training;

5. Training staff in de-escalation and any physical restraint practices used at the facility by an instructor qualified under this subsection. An instructor is qualified to train staff in de-escalation and physical restraint practices if:

a. The instructor has a written curriculum that conforms to the requirements of this Article and state law.

b. The classroom instruction provided conforms to the requirements of this Article and state law.

6. Familiarizing staff with the specific child care responsibilities outlined in the person's job description;

7. Training staff to recognize expected responses to and side effects of medications commonly prescribed for children in care; and

8. Training staff in the licensee's emergency admissions process if applicable to the licensee's services.

C. The licensee's training plan for ongoing training shall satisfy the requirements of this subsection.

1. A full-time support staff member shall receive at least four hours of annual training.

2. A full-time direct care staff member shall receive at least 24 hours of annual training.

3. The training shall cover matters related to the person's job responsibilities, and at least the following subjects, as appropriate to the characteristics of the children in care at the facility:

a. Child management techniques;

b. Discipline, crisis intervention, and behavior management techniques;

c. A review of the licensee's policies;

d. Health care issues and procedures;

e. Maintenance of current certification in CPR and first aid;

f. Attachment and separation issues for children and families;

g. Sensitivity towards and skills related to cultural and ethnic differences;

h. Self-awareness, values, and professional ethics; and

i. Children's need for permanency and how the agency works to fulfill this need.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2). Amended by final rulemaking at 6 A.A.R. 4032, effective September 29, 2000 (Supp. 00-3).
Ariz. Admin. Code § R6-5-7434 Notification of Unusual Incidents and Other Occurrences

A. A licensee shall make a record of any unusual incident on an incident reporting form which shall include the following information:

1. Location of the unusual incident;

2. Name and address of any child involved in or observing the incident;

3. Name of the agency if different from the facility;

4. Name, title, and address of any staff involved in or observing the incident;

5. Name and address of any other person involved in or observing the incident;

6. Date of the incident;

7. Time of the incident;

8. Description of the incident; and

9. Licensee's response to the incident.

B. The licensee shall maintain a record of all unusual incidents occurring at the facility in a separate log or place, which shall permit the Licensing Authority to easily locate the incident reporting form if the licensee maintains the form in a location separate from the log.

C. When a child in care dies, the licensee shall notify the child's placing agency or person, and the Licensing Authority within two hours of knowledge of the death.

D. When a child in care suffers a serious illness, serious injury, or a severe psychiatric episode requiring hospitalization, the licensee shall notify the child's placing agency or person within 24 hours of knowledge of the occurrence.

E. A licensee shall comply with the statutory obligation to report child maltreatment, as prescribed in A.R.S. § 13-3620.

F. A licensee shall comply with any reporting requirements set forth in the licensee's contracts with placing agencies or persons.

G. No later than 5:00 p.m. on the next business day, the licensee shall notify the Licensing Authority when any of the following occurs:

1. Fire or a natural disaster affecting the licensee;

2. Law enforcement involvement in which a formal complaint is filed by or against the licensee, but excluding incidents of children cited solely for absence without leave from the facility;

3. Any incident of alleged child maltreatment of a child in care;

4. When a child in care or any other person suffers any injury from use of restrictive behavior management, and which requires treatment by a licensed medical practitioner;

5. When a child in care suffers any physical injury from an incident involving another child in care and requires treatment by a licensed medical practitioner;

6. When a child in care suffers an injury or psychiatric episode that is severe enough to require hospitalization or external medical intervention for the child; and

7. When a child in care requires external emergency services including a suicide watch.

H. Within five calendar days, a licensee shall give the Licensing Authority written documentation of an event listed in subsection (G) above. The documentation shall contain at least the information required by subsection (A), and may be a copy of the licensee's unusual incident reporting form.

I. If a child in care dies, a licensee shall notify the local law enforcement authority and cooperate in any arrangements for examination, autopsy, and burial.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7435 Investigations of Child Maltreatment

A. A licensee shall have written procedures for handling alleged and suspected incidents of child maltreatment, including at least the following provisions:

Reporting suspected incidents of maltreatment to law enforcement or Child Protective Services as required by A.R.S. § 13-3620;

2. Notifying the Licensing Authority, and notifying the child's placing agency or person if so requested;

3. Taking precautions to prevent further risk to the child who allegedly suffered the maltreatment and potential risk to other children in care;

Evaluating the retention of any staff who commit or allow child maltreatment; and

5. If the licensee internally investigates incidents, conducting the internal investigation.

B. A licensee shall require all staff to read and sign a statement describing the duty to report child maltreatment as prescribed in A.R.S. § 13-3620.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7436 Runaways and Missing Children

A licensee shall have a written policy and procedures for handling runaways and missing children. The policy shall include at least the following:

1. Procedures for making staff who provide services to a child with a history of or potential for running away, aware of that child's history or potential;

2. Procedures for immediately notifying the designated administrator of the child's facility or that person's designee when a child is discovered to be missing;

3. Procedures for notifying the local law enforcement agency, the child's placing agency or person, and others as necessary;

4. Procedures to prevent runaways; and

5. Procedures for submitting a written report to the child's placing agency or person within five days or the time specified in the placement agreement.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7437 Staff Coverage; Staff-child Ratios

A. A licensee shall have a written plan to minimize the risk of harm to children. The written plan shall describe the staffing for each facility, for 24 hours per day, seven days per week. The staffing plan shall explain:

1. How staff coverage is assured:

a. When assigned staff are absent due to illness, vacation, or other leaves of absence; and

b. During emergencies when only one staff member is on duty; and

2. The methods the licensee uses to assure adequate communication and support among staff to provide continuity of services to children.

B. A licensee shall also have a written staffing schedule for each facility shift; the schedule shall document the staff actually on duty during each shift. The licensee shall retain the schedules in one designated location for at least two years.

C. A licensee shall have at least the paid staff to child ratios prescribed in this subsection.

1. Age 12 and above:

a. At least one paid staff member for each 10 children when children are under the licensee's direct supervision and awake.

b. During sleep hours, at least one paid staff member in each building where children in care are sleeping.

2. Age 6 through 11:

a. At least one paid staff member for each eight children when children are under the licensee's direct supervision and awake.

b. During sleep hours, at least one paid staff member in each building where children in care are sleeping.

Age 3 through 5:

a. At least one paid staff member for each six children when children are under the licensee's direct supervision and awake.

b. At least one paid staff member in each building where children in care are sleeping.

4. Under age 3:

a. At least one paid staff member for each five children when children are under the licensee's direct supervision and awake.

b. At least one paid staff member for each six children when children are sleeping.

5. Nonambulatory children, under age 6: At least one paid staff member for each four children at all times.

6. Young adults:

a. At least one paid staff member onsite for each 10 young adults when young adults are under the licensee's direct supervision and awake.

b. During sleep hours, at least one paid staff member onsite for each 20 young adults.

D. For the purpose of the paid staff-child ratios in subsection (C):

1. Students and volunteers do not count as staff;

2. A child who lives at the facility is counted as a child, unless the child is not in the care, custody, and control of the state of Arizona, and the child's parent is:

a. In care, residing in the same facility; and

b. Determined to be the child's primary caregiver by;

i. The placing agency;

ii. A court; or

iii. The licensee, when subsections (i) and (ii) do not apply;

3. When a child resides with a parent in a facility licensed under this Article, the licensee shall provide, at the Department's request, documentation of:

a. The custodial relationship between parent and child; and

b. If applicable, the determination that the parent is an acceptable primary caregiver for the child.

4. Any paid staff member counted in the ratio shall be someone who is qualified to provide direct child care as prescribed in R6-5-7432(E).

E. A licensee shall not fall below the minimum paid staff-child ratios specified in subsection (C), and shall, notwithstanding those ratios, have paid staff:

1. Sufficient to care for children as prescribed in this Article and in the licensee's own program description, statement of purpose, and policies;

2. That take into account the following factors:

a. The ages, capabilities, developmental levels, and service plans of the children in care;

b. The time of day and the size and nature of the facility; and

c. The facility's history and the frequency and severity of unusual incidents, including runaways, sexual acting-out behavior, disciplinary problems, and injuries.

F. A licensee shall have sufficient numbers of qualified staff to perform the fiscal, clerical, food service, housekeeping, and maintenance functions prescribed in this Article and in the licensee's own policies.

G. A licensee shall make a good faith effort to employ staff who reflect the cultural and ethnic characteristics of the children in care.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2). Amended by final rulemaking at 6 A.A.R. 4032, effective September 29, 2000 (Supp. 00-3). Amended by emergency rulemaking at 12 A.A.R. 2233, effective June 1, 2006 for 180 days (Supp. 06-2). Emergency renewed at 12 A.A.R. 4732, effective November 28, 2006 for 180 days (Supp. 06-4). Amended by final rulemaking at 13 A.A.R. 2049, effective May 21, 2007 (Supp. 07-2).
Ariz. Admin. Code § R6-5-7438 Admission and Intake; Criteria; Process; Restrictions

A. Admissions: A licensee shall have a written admissions policy, which shall:

Describe the licensee's admission criteria, including:

a. Population to be served, including age range, gender, physical development, social behavior, and custody and guardianship status;

b. Geographic area of service;

c. The needs, problems, and child-related issues best served at the licensee's facility; and

d. The method used to assign a child to a particular living unit;

2. Contain an acknowledgment that the licensee abides by the Interstate Compact on the Placement of Children, the Indian Child Welfare Act, and the Interstate Compact on Juveniles; and

3. Provide that the licensee shall not refuse admission to any child on the grounds of race, religion, or ethnic origin.

B. Age Limit; Continuing Care for Persons in High School: A licensee shall not admit a person who is age 18 or older, except a licensee may continue to care for an individual under age 22 who was a child in care and turned age 18 while in care, as long as the individual is currently enrolled in and regularly attending a high school program or vocational training program. A licensee shall not allow an individual to remain in care after the individual receives a high school degree or certificate of equivalency, or completes the vocational training program.

C. Admissions Outside of Criteria: A licensee shall not accept a child who is not within the licensee's admission criteria unless:

1. The placing agency or person specifically authorizes the admission after reviewing the agency's program description;

2. The admission is consistent with the terms of the agency's license and will not result in a violation of this Article; and

3. The child's individual service plan explains:

a. The reasons for acceptance, and

b. How the facility will meet the child's needs.

D. Intake Assessment:

1. A licensee shall not accept a child into care unless:

a. The child has a current intake assessment covering the child's social, health, educational, legal, family, behavioral, psychological, and developmental history; or

b. The licensee completes such an assessment within seven days following the child's admission.

2. In this subsection, "current" means within the six months prior to admission.

E. Admission and Intake Process and Requirements: The licensee shall have a written policy and procedures describing the process and requirements for both regular and emergency admissions and intake. The policy shall include the provisions listed in this subsection.

1. The licensee shall have a method to allow a child to participate in admission and intake decisions, including selection of a living unit, if developmentally appropriate and consistent with the licensee's program.

2. The licensee shall provide the placing agency or person with a reasonable opportunity to participate in admission and intake decisions.

3. Except for emergency admissions as prescribed in subsection (F), the licensee shall not admit a child unless the licensee has, at the time of or prior to admission:

a. A written agreement with the child's placing agency;

b. A court order; or

c. The written consent of the child's custodial parent or guardian.

4. The licensee shall obtain any available medical information about the child before or at the time of the child's admission. The information may include:

a. A report of a medical examination of the child performed within 45 days prior to admission;

b. A report of a dental examination of the child performed within six months prior to admission; and

c. The child's and family's medical history.

5. If the information described in subsection (D)(4) is not available, the licensee shall comply with the requirements of R6-5-7452 to obtain an examination.

6. At the time of or prior to admission, the licensee shall obtain written consent from the child's placing agency or person for the licensee to authorize routine medical and dental procedures for the child.

7. If a child is taking medication at the time of admission, the licensee shall:

a. If the medication is in its original container, labeled by the dispensing pharmacist with a fill date, prescribing physician, and instructions for administration, document the receipt of the medication as prescribed in subsection (E)(7)(c); or

b. If the medication is not in its original container, or if the container is not labeled as described in subsection (E)(7)(a), contact the prescribing physician to verify the medication administration schedule and reason for the medication; and

c. Document the contact in the child's medical record required by R6-5-7455 and the medication administration schedule as prescribed in R6-5-7453(B).

8. A licensee shall not refill a prescription that a child brings at admission without having a licensed medical practitioner determine the child's need for the medication and documenting the need as prescribed in subsection (E)(7)(c).

9. Within 24 hours of a child's admission, a direct care staff member who has the training prescribed in R6-5-7433(B)(4), or a licensed medical practitioner, shall assess the child's general health, by:

a. Looking at the child for signs of obvious physical injury and symptoms of disease or illness;

b. Assessing the child for evidence of apparent vision and hearing problems; and

c. Documenting any conditions or problems and referring the child for immediate or further assessment or treatment, if indicated.

F. Emergency Admissions: In an emergency situation requiring immediate placement, a licensee shall:

1. Gather as much information as possible about the child and the circumstances requiring placement;

2. Record this information in the child's record, within two days of admission, as an emergency admission notation; and

3. Keep an emergency admission record, which shall include at least the following information about the child:

a. Physical health,

b. Family history,

c. Educational background,

d. Legal status, and

e. A statement explaining the need for care.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7439 Information and Services Provided to the Placing Agency or Person

A. No later than the date of a child's admission, a licensee shall provide information about the following subjects to the placing agency or person.

1. The licensee's statement of purpose and program description prescribed in R6-5-7423(A) and (B);

2. Daily routines at the facility where the child is or will be placed;

3. The behavior management policies and procedures prescribed in R6-5-7456;

4. Services and treatment strategies provided or used at the facility;

5. The visitation and communications policy prescribed by R6-5-7448;

6. The education program or method for providing a child with education;

7. Any religious practices observed by the licensee or religious observances required of children.

B. The licensee may provide the information in summary form or orally, but shall:

Convey the information in a language or form that the placing agency or person can understand;

2. Advise the placing agency or person that the licensee will provide a copy of the licensee's policies or procedures, upon request.

3. Provide the name and telephone number of a staff person that the placing agency or person may contact to obtain information about the program, facility, or child.

C. The licensee shall provide the placing agency or person with a copy of the licensee's grievance procedures required by R6-5-7429 and the statement of client rights required by R6-5-7423(C).

D. The licensee shall obtain the dated signature of the placing agency or person indicating receipt of the information listed in subsections (A) through (C).

E. Before obtaining the signature of a child's parent or guardian on a contract, consent, or release, the licensee shall explain the contents of the documents.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7440 Orientation Process for a Child in Care

A. A licensee shall provide a child admitted into care with the orientation described in this Section in a language and manner that the child can understand and to the extent developmentally appropriate to the child.

B. During the first full day of a child's placement, a licensee shall:

1. Explain the facility's emergency procedures,

2. Show the child where emergency exits are located,

Take the child on a tour of the facility, and

4. Introduce the child to staff and other residents.

C. During the first week following a child's admission and as part of each child's orientation, a licensee shall:

1. Familiarize the child with the licensee's program;

2. Explain the licensee's expectations and requirements for behavior;

Explain the criteria for successful participation in and completion of or emancipation from the program;

Make available a copy of the behavioral rules prescribed by R6-5-7456(A)(3)(a), (b), (c), (d), and (h);

5. Make available a copy of the visitation and communication policy prescribed by R6-5-7448; and

6. Describe and, upon request, make available a copy of the grievance procedures prescribed by R6-5-7429 and the statement of client rights prescribed by R6-5-7423(E).

D. The licensee shall document the orientation and other information given to a child in the child's case record.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7441 Child's Service Plan: Preparation; Review; Planning Participants

A. Service Plan Contents: A child in care shall have a personalized service plan tailored to the child's unique background, needs, strengths, weaknesses, and problems. The plan shall include at least the following information:

1. A description of services the child is to receive while in care, including services to ready the child for discharge or emancipation from the program;

Goals and objectives for the child;

3. Timelines for achieving each goal and objective;

4. Recommendations for any after-care;

5. Identification of persons invited to participate in service planning;

6. The names and, if available, signatures of the persons who participated in service planning;

7. Identification of persons responsible for implementing the service plan, with an explanation of each person's role; and

B. Timing for Plan Development and Review:

1. If a child has an existing service plan at the time of admission, the licensee shall:

a. Review the plan before or at the time of the child's admission, and

b. Assess the existing plan and make any necessary changes to conform to the requirements of this Section.

2. If a child does not have a service plan at the time of admission, the licensee shall initiate service planning at the time of admission.

3. Within seven days of a child's admission, a licensee shall document all interim planning efforts identifying the child's needs and initial plans for service.

4. No later than 30 days after the child's admission to a facility, the licensee shall complete the child's initial service plan and any initial modifications to an existing plan.

C. Plan Review: The licensee shall review and update a child's service plan at least every 90 days following completion of the child's service plan described in subsection (B)(4).

D. Planning Participants:

1. The licensee shall invite, or delegate the responsibility for inviting, at least the following persons to participate in development of the service plan and periodic review:

a. A representative of the facility;

b. A representative of the placing agency, if applicable;

c. The child, if the child's presence is developmentally appropriate; and

d. The child's parent or guardian.

2. At least one participant on the service team shall have the qualifications listed in R6-5-7432(B)(1) or (2).

E. Methods of Participation: The licensee shall allow service team members to participate in service planning through the following methods:

1. Attendance at a planning meeting,

2. Submission of a written report or documentation,

3. Review and approval of the plan through signing and dating, or

4. Audio or audio-visual teleconference.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7442 Discharge; Discharge Summary

A. Policy and Procedure: A licensee shall have written policy and procedures for planned and unplanned discharges of children.

1. Before a child's planned discharge, the licensee shall explain the discharge plan to the child and help the child understand the plan.

The licensee shall also explain the discharge plan to the person removing the child.

3. Before discharging a child to another out-of-home placement, the licensee shall make a reasonable effort to:

a. Arrange for the service team to meet or communicate with a representative from the new placement to share information about the child; and

b. Arrange for the child to visit the new placement.

B. Discharge Summary: Within 15 days of the date a child is discharged, the licensee shall complete a written discharge summary which shall include the following information:

1. The name, address, telephone number, and relationship of the person to whom the child was discharged;

2. The planned and actual discharge dates;

3. A summary of the contacts between the licensee and the facility or person to whom the child was discharged about the child's pending discharge;

4. A summary of services provided during care;

5. A list of medication provided during care, with a summary of the reasons for prescribing the medication and any outcomes of the medication;

6. A summary of progress toward service plan goals;

7. An assessment of the child's unmet needs and alternative services which might meet those needs;

8. Any after-care plan and identification of any person or agency responsible for follow-up services and after-care; and

9. For an unplanned discharge, a description of the circumstances surrounding the unplanned discharge, including the licensee's actions.

C. Notice of Unplanned Discharge: When a child's placing agency or person has not participated in the decision to discharge the child, the licensee shall notify the placing agency or person within one hour of discharge, or document attempts at notification.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7443 Personal Care of Children

A. A licensee shall provide children in care with:

1. Developmentally appropriate supervision, assistance, and instruction in, good habits of personal care and hygiene and culturally appropriate grooming;

2. Necessary toiletry items; and

3. The opportunity to have a daily shower or tub bath in private, as developmentally appropriate, or as otherwise prescribed in program policy.

B. A licensee shall not allow community use of grooming and hygiene articles such as towels, toothbrushes, soap, hairbrushes, and deodorants.

C. If a licensee restricts personal care or grooming practices, the licensee shall have a policy describing the restrictions and the reasons for the restrictions.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7444 Children's Clothing and Personal Belongings

A. A child may bring clothing and personal belongings to the facility and acquire belongings while in care, in accordance with the child's service plan and the facility's policy.

B. If a licensee limits a child's right to have, wear, or display certain clothes or personal belongings, the licensee shall:

1. Have a written policy explaining the limitations and the reasons for the limitations; and

2. Explain the limitations to the child in a form and manner that the child can understand.

C. When a child is admitted, the licensee shall inventory the child's clothing and personal belongings; the licensee shall provide a copy of the inventory to the placing agency or person and keep a copy in the child's file.

D. The licensee shall either store any restricted possessions or return the possessions to the child's placing agency or person.

E. The licensee shall ensure that each child has a personal supply of clean and seasonable clothing as required for health, comfort, and physical well-being and as appropriate to the child's age, gender, size, and individual needs.

F. The licensee shall allow a child to help select his or her own clothing when developmentally appropriate and allowed by programmatic requirements.

G. The licensee shall have a policy governing retention, return, and disposal of the clothes and personal belongings of a child who has had an unplanned discharge. At the time of a child's planned discharge, the licensee shall allow the child to take clothing and personal belongings.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7445 Children's Money; Restitution

The licensee shall provide opportunities for children to develop a sense of the value of money through allowances, earnings, spending, giving, and saving. Any practices regarding children's money shall comply with this Section.

1. The licensee shall have a written policy regarding allowances.

2. The licensee shall treat a child's money as that child's personal property.

3. The licensee may limit the amount of money to which a child may have access when the limitations are:

a. In the child's best interest and explained in the child's service plan; or

b. In accordance with the facility's program description.

4. The licensee shall not deduct sums from a child's allowance as restitution for damages caused by the child unless:

a. The licensee has discussed restitution with the child; and

b. The deduction is:

i. Reasonable in amount,

ii. Consistent with the child's ability to pay,

iii. In accordance with the licensee's policy, and

iv. Explained in the child's service plan.

5. The licensee shall maintain individual accounting records for the money of each child.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7446 Nutrition, Menus, and Food Service

A. A licensee shall have a written, dated menu of planned meals. The menu shall be available at the facility at least one week before meals are served. The licensee shall post the weekly menu in the dining area or in a location where children may review it. The licensee shall keep a copy of the menu and any menu substitutions on file for one year.

B. The licensee shall prepare and serve meals in compliance with the written, dated menus.

C. A registered nutritionist or dietitian shall either prepare or approve the licensee's menus. The licensee shall maintain a record of any approvals for one year, and keep the record in a central location at the agency or facility.

D. A licensee shall develop and follow a specialized menu for a child with special nutritional needs. The licensee shall make special menus available to nutritional staff, but shall not post special menus in an area that is readily seen by other children in care.

E. Menus shall reflect the religious, ethnic, and cultural differences of children in care.

F. When developmentally appropriate, a licensee shall allow children to make menu suggestions.

G. A licensee shall provide each child with at least three meals daily, with no more than 14 hours between the evening and morning meals. Between meal snacks shall not replace regular meals.

H. A licensee shall provide meal portions that are consistent with each child's caloric needs.

I. A licensee shall serve children meals that are substantially the same as those served to staff unless special dietary needs require differences in diet.

J. A licensee shall allow children to eat at a reasonable rate; unless otherwise prescribed in agency policy, staff shall encourage social interaction and conversation during meals.

K. A licensee shall have potable water available at all times.

L. Staff shall directly supervise children involved in food preparation.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2). Amended by final rulemaking at 6 A.A.R. 4032, effective September 29, 2000 (Supp. 00-3).
Ariz. Admin. Code § R6-5-7447 Sleeping Arrangements

A licensee shall comply with the sleeping arrangement provisions in this Section.

1. A child age 6 or older shall not share a bedroom with a child of the opposite gender.

2. A child shall not share a bedroom with an adult unless one of the conditions listed in this subsection is met.

a. The child is younger than age 3.

b. The child's service plan contains specific reasons and authorization from the placing agency or person for a shared bedroom.

c. The child has a temporary need for special adult care during sleeping hours and the need is documented in the child's service plan.

d. The child has regularly shared a bedroom with another child in the licensee's care; the other child has reached age 18; and the placing agency and licensee agree that continuing the shared arrangement is in the best interests of both the child and the adult.

e. The child is sharing a room with his or her parent.

f. The sleeping area at the facility is a barracks that has been approved as described in R6-5-7461(B) and R6-5-7462(B), and a paid staff member sleeps in the same room to supervise the children in care.

3. Only children age 8 or older may sleep on the upper bed of a bunk bed.

4. If a child has a documented record of behavior that poses a risk to other children in care, the licensee, in consultation with the placing agency or person, shall develop special sleeping arrangements for that child, to minimize the risk of harm to other children. The licensee shall document the arrangements in the child's service plan.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2). Amended by emergency rulemaking at 12 A.A.R. 2233, effective June 1, 2006 for 180 days (Supp. 06-2). Emergency renewed at 12 A.A.R. 4732, effective November 28, 2006 for 180 days (Supp. 06-4). Amended by final rulemaking at 13 A.A.R. 2049, effective May 21, 2007 (Supp. 07-2).
Ariz. Admin. Code § R6-5-7448 Visitation, Outings, Mail, and Telephones

A. The licensee shall have a written policy and procedures regarding visitation, mail, telephone calls, and other forms of communication between children and family, friends, and other persons. The policy and procedures shall conform to the requirements of this Section.

1. The licensee shall allow a child reasonable privacy during a visit unless the child's service plan requires supervised visitation.

2. A licensee shall have facility visiting hours which meet the needs of the children and their parents.

3. A licensee shall not deny, monitor, or restrict a child's communication with the child's social worker, attorney, Court Appointed Special Advocate, guardian ad litem, or clergy. The licensee may establish a schedule and rules for communication to prohibit undue interference with programming.

4. A licensee shall not deny, monitor, or restrict communications between a child and the child's parent, guardian, or friends except as prescribed:

a. By court order;

b. In the child's service plan, which shall contain specific treatment reasons for the restriction which shall be time limited; or

c. In the facility's policy and statement of purpose required by R6-5-7423.

5. The licensee may require a child to open mail in the presence of staff in order to inspect the mail for contraband.

6. When a licensee is monitoring a communication as allowed in subsection (A)(4) above, the licensee shall tell the parties to the communication about the monitoring.

B. The licensee shall have written policy and procedures to govern situations when a child temporarily leaves the facility on a visit or outing with a person other than a staff member. The procedures shall include:

1. A method for recording the child's location, the duration of the activity, and the anticipated and actual time of the child's return;

2. The name, address, and telephone number of the person responsible for the child while the child is absent from the facility; and

3. A procedure for action if a child fails to return.

C. Subsection (B) does not apply to regularly scheduled trips to school.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7449 Educational and Vocational Services; Work Assignments

A. The licensee shall have a written policy regarding its educational program or a plan for ensuring that each child attends an educational program in accordance with state and local laws.

B. Within 10 local school days of a child's admission to a facility, the licensee shall arrange for the educational needs of the child. The arrangements shall:

1. Meet the child's individual needs;

2. Be consistent with the child's Individual Education Plan (I.E.P.) if applicable; and

3. Comply with federal and state education laws.

C. The licensee shall communicate with staff at an educational program in which a child in care is enrolled to discuss the child's progress. At a minimum, the licensee shall attend scheduled parent-teacher conferences.

D. If a child's service plan provides for the child to receive vocational services, the licensee shall comply with the plan requirements.

E. The licensee shall provide children in care with:

1. Space for quiet study;

2. Developmentally appropriate supervision and assistance with homework; and

3. Access to necessary reference materials.

F. The licensee may use work assignments to provide an instructional experience for children in care, but shall not use a child as an unpaid substitute for staff.

G. A work assignment shall be developmentally appropriate for a child, and scheduled at a time that does not interfere with other routine activities such as school, homework, sleep, and meals.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7450 Recreation, Leisure, Cultural Activities, and Community Interaction

A. A licensee shall have a written plan for making a variety of cultural, religious, indoor and outdoor recreational and leisure opportunities available for children in care. The plan shall:

1. Reflect the interests and needs of the children in care, including an allotment of time for children to pursue individual interests, and time to address the special needs of the children in the living unit;

Provide for use of community resources such as schools, museums, libraries, parks, recreational facilities, and places of worship; and

3. Specify procedures for children's participation in community activities and use of community resources.

B. A licensee shall help children in care learn about the community in which the facility is located and use community resources, as developmentally appropriate.

C. A licensee shall arrange transportation and supervision so that children in care can attend community activities and maximize use of community resources.

D. The licensee shall make available recreational equipment that is suitable to the size, age, and developmental level of children in care.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7451 Religion, Culture, and Ethnic Heritage

A. A licensee shall have a written description of:

1. Its religious orientation, if any;

2. Any religious practices observed at a facility;

3. Any restrictions on admission based on religion; and

4. How the licensee provides opportunities for each child to participate in religious activities in accordance with the faith of the child or the child's parent or guardian.

B. A licensee's program and the service plans of children in care shall reflect consideration of and sensitivity to the racial, cultural, ethnic, and religious backgrounds of children in care.

C. A licensee may encourage children to participate in religious, cultural, and ethnic activities but shall not require children to participate unless otherwise provided in the licensee's statement of purpose and program description.

D. If a child asks to change religious affiliation while in care, the licensee shall obtain the written permission of the child's parent or guardian before assisting the child in making the change. A licensee is not required to obtain this permission if a child changes religious affiliation without the licensee's assistance.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7452 Medical and Health Care

A. General health care.

1. A licensee shall have a written plan for meeting the preventive, routine, and emergency physical and mental health needs of children in care. The plan shall identify where and from whom children at a facility may obtain qualified health care, 24-hours per day, seven days per week.

2. A licensee shall ensure that children in care receive:

a. Preventive health services, including routine medical examinations and dental cleanings and examinations; and

b. The following health services, if necessary:

i. Evaluation and diagnosis,

ii. Treatment, and

iii. Consultation.

3. A licensee shall ensure that a child in care receives a developmentally appropriate explanation of any health treatment the child receives, in a language and manner the child can understand.

4. A licensee shall not ignore a child's complaints of pain or illness and shall document persistent complaints and any actions taken in response to the complaints.

B. Medical care.

1. A licensee shall arrange for a physician, physician's assistant, or nurse practitioner to give a child a medical examination within one week of the child's admission unless:

a. A licensed medical practitioner examined the child within the 45 days preceding the child's admission; and

b. The licensee has a report of the examination as prescribed in R6-5-7438(E)(4)(a).

2. A licensee shall also arrange for a child in care to receive an annual medical exam from a physician, physician's assistant, or nurse practitioner.

3. The initial and annual medical examinations shall include:

a. Screening for communicable disease unless restricted by law;

b. Vision and hearing screening; and

c. For children who wish to participate in sports or physically strenuous activities such as backpacking, an evaluation of the child's capacity to participate.

4. A licensee shall obtain a report of the examination, and, if applicable, a statement signed by the medical practitioner conducting the examination, or the practitioner's designee, regarding the child's capacity, fitness, and clearance to participate in sports or physically strenuous activities.

5. After attempting to determine a child's immunization history, a licensee shall arrange for the child to receive any routine immunizations and booster shots within 30 days of admission.

C. Dental care.

1. A licensee shall arrange for each child to have a dental examination within 60 days of admission unless the licensee is provided the written results of a dental examination conducted within six months prior to admission.

2. A licensee shall arrange for each child age 3 and older to receive a dental examination every six months.

3. In cooperation with the placing agency or person, a licensee shall arrange for a child to receive any prescribed dental care.

D. First aid. A licensee shall equip the residence of each living unit with at least the following first aid supplies:

1. Adhesive strip bandages;

2. Sterile, individually wrapped gauze squares;

3. Roller gauze;

4. Adhesive tape;

5. Individually wrapped non-stick sterile pads;

6. A triangular bandage to be used for a sling;

7. Disposable latex gloves;

8. A pair of scissors;

9. A pair of tweezers; and

10. A cardiopulmonary resuscitation mouth guard or mouth shield.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7453 Medications

A. A licensee shall have written policies and procedures governing medications. The policies and procedures shall specify:

1. The conditions under which medications can be prescribed and administered which shall be in accordance with any applicable laws;

2The qualifications of the persons allowed to administer medications;

3. The qualifications of persons allowed to supervise self-administration of medication;

4. How a facility will document the prescription and administration of medication, medication errors, and drug reactions; and

5. How staff will notify a child's attending physician in cases of medication errors and drug reactions.

B. The licensee shall have a written medication schedule for each child who receives medication. The schedule shall include the following information:

1. Child's name;

2. Name of the prescribing physician;

3. Telephone number at which the prescribing physician can be reached in case of medical emergency;

4. Reason for prescribing the medication;

5. Date on which the medication was prescribed;

6. Generic or commercial name of the medication;

7. Dosage level and time of day when medication is to be administered, including any special administration instructions;

8. The date, time, and dosage administered; and

9. The signature of the person administering each dosage. If the medication is self-administered, the chart shall include the signature of the child and the person supervising the child's self-administration.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7454 Storage of Medications

A licensee shall store medications as prescribed in this Section.

1. Medications shall be kept in securely locked spaces that are not used for any other purpose and to which children do not have access.

2. All medications requiring refrigeration shall be stored separately from food items, in a locked container, in a refrigerator and under temperature ranges recommended by the manufacturer.

All prescription medication shall be kept in its original container which shall have a label with the following information:

a. Child's name;

b. Name of the medication;

c. Prescribing physician;

d. Date of purchase and, if known, expiration date; and

e. Directions for administering.

4. All over-the-counter medication shall be kept in its original container with the manufacturer's label.

5. At least once every 90 days, the licensee shall dispose of all:

a. Outdated medications;

b. Medications for children no longer at the facility; and

c. Medications specifically prescribed for an illness from which a child has recovered.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7455 Children's Medical and Dental Records

A licensee shall maintain health records for each child. The records shall include the information listed in this Section if available to the licensee.

1. The child's past medical history of:

a. Immunizations,

b. Serious illness or injuries,

c. Surgeries,

d. Known allergies, and

e. Adverse drug reactions.

Developmental history.

Medication history.

4. History of any alcohol or substance abuse and treatment.

5. Immunizations provided while in care.

6. Medications received while in care and a record of any medication errors.

7. Copies of consents for treatment or care.

8. Authorization to participate in sports or physically strenuous activities, if applicable.

9. Reports of vision and hearing screening and physical and dental examinations.

10. Record of any treatment provided for specific illness or medical emergencies, including the name and location of medical personnel who provided treatment.

11. The name of the person or agency bearing financial responsibility for the child's health care.

12. Documentation showing the licensee's efforts, consistent with the terms of the placing agreement, to obtain glasses, hearing aids, prosthetic devices, corrective physical or dental devices, or any other health equipment recommended by a child's attending physician.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7456 Behavior Management

A. A licensee shall have written behavior management policies and procedures which shall:

1. Be developmentally appropriate for the children in care;

2. Be designed to encourage and support the development of self-control;

3. Describe the following:

a. Behavior expectations of children;

b. Consequences for violations of the licensee's policies and rules which shall be:

i. Reasonably related to the violation; and

ii. Administered without prolonged and unreasonable delay;

c. Physical restraint and restrictive behavior management techniques used by the licensee;

d. The kinds of behaviors warranting use of physical restraints or restrictive behavior management techniques;

e. The licensee's methods of documenting use of physical restraints or restrictive behavior management techniques;

f. Behavior management techniques which require supervisory authorization or written documentation before being used;

g. The licensee's process for supervisory review to evaluate whether staff properly applied the restraints or techniques in a particular case; and

h. Behavior management techniques prohibited by the licensee.

B. The licensee's staff are responsible for control and discipline of children in care. The licensee shall not allow children to discipline other children.

C. The licensee shall not threaten a child or allow any child to be subjected to maltreatment, abuse, neglect, or cruel, unusual, or corporal punishment, including the following practices:

1. Spanking or paddling a child;

2. All forms of physical violence inflicted in any manner upon the body;

Verbal abuse, ridicule, or humiliation;

4. Deprivation of shelter, bedding, food, water, clothing, sufficient sleep, or opportunity for toileting;

5. Force-feeding, except as prescribed by a licensed medical practitioner;

Placing a child in seclusion;

Requiring a child to take a painfully uncomfortable position, such as squatting or bending for extended periods of time; and

8. Administration of prescribed medication or medication dosage without specific physician authorization.

D. To determine whether a licensee has violated subsection (C)(7), the Licensing Authority shall consider all the circumstances at the time of the action, including the following:

1. The child's physical condition;

2. Whether the child was taking any medications that may have affected the child's ability to perform the action, such as psychotropic medications or antibiotics;

3. The climatic conditions under which the child was performing the action, such as intense heat or cold, rain, or snow;

4. The level of force, if any, the licensee used to require the child to perform the activity and whether any use of force resulted in injury to the child; and

5. Whether the activity was consistent with the licensee's program description and procedures.

E. The behavior management practices listed in this subsection are restricted. A licensee may use a restricted practice only when the licensee satisfies the conditions listed in subsection (F) and any additional conditions listed in this subsection.

1. Required physical exercises such as running laps or performing push-ups, and assignment of physically strenuous activities, except:

a. As expressly prescribed in a child's service plan and as part of a regular physical conditioning program, or as part of a work experience that meets the requirements of R6-5-7449(F) and (G);

b. With documented clearance by a physician who is knowledgeable about the physical activities in which the child will participate; and

c. Within sight supervision of staff.

2. Disciplinary measures taken against a group because of the individual behavior of a member of the group.

3. Denial of visitation or communication with significant persons outside the facility solely as a consequence for inappropriate behavior.

4. Use of a mechanical restraint unless:

a. The licensee's policy lists the qualifications of staff allowed to use the restraint;

b. Staff allowed to use the restraint have received training in the proper use of the restraint;

c. The licensee has documentation of the restraint training in the personnel file of the staff member;

d. Use of the restraint is authorized in a child's individual service plan; and

e. Staff have tried less restrictive measures which have failed.

Physical restraint, except:

a. When the child needs restraint to prevent danger to the child or danger to another; and

b. After staff have tried less restrictive measures which have failed.

F. A licensee may use a restricted practice only when the practice and the circumstances warranting its use are:

1. Consistent with the licensee's program description and purpose;

Described in the licensee's behavior management policy;

3. Used as prescribed in this Section; and

4. Not otherwise prohibited by these rules.

G. If a licensee cannot use a specific physical restraint or behavior management technique on a particular child, the child's service plan shall describe the restriction.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7457 Body Searches

If a licensee permits a body search of children in care, the licensee shall have a written policy describing the conditions warranting a body search and the procedures for conducting the search.

1. When searching a child, staff shall use the minimum amount of physical contact required to determine if the child has contraband.

2. The licensee shall not conduct an internal body cavity search on a child.

3. The licensee shall not use any instruments to search a child.

4. The licensee shall not conduct a strip search beyond underwear.

5. Unless a licensed medical practitioner is searching a child, a person of the same gender as the child shall do the search.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7458 Buildings; Grounds; and Water Supply

A. Structures and Improvements: A licensee shall maintain a facility's structures and improvements in good repair, free from danger to health or safety, and as prescribed in this subsection. The licensee shall:

1. Repair doors, windows and other building features that protect a building from weather damage or pest infestation, within 48 hours of finding that the building part is in disrepair;

2. Document efforts to make or obtain repairs if repairs cannot be completed in 48 hours;

3. Keep buildings free of vermin infestation;

4. Keep exits free of obstruction or impediments to immediate use; and

5. Have barriers appropriate to the developmental needs of children in care to prevent falls from porches and elevated areas, walkways, and stairs.

B. Exits: The licensee shall equip each building used by children with exits as prescribed in this subsection.

1. Each building shall have at least two exterior means of egress on each floor.

2. Exits above ground level shall have an outside fire escape or a fire-resistant stairwell that has been approved by the state or a local fire inspector.

Exit doors shall have only locks that allow the doors to be opened from the inside without use of a key or knowledge of special or restrictive operating procedures.

C. Grounds: A licensee shall maintain a facility's grounds in good condition, free from danger to health or safety, and as prescribed in this subsection. The licensee shall:

1. Store garbage and rubbish in non-combustible, covered containers, separate from play areas;

2. Remove refuse and recyclables from the building at least once a day;

Remove refuse and recyclables from the facility grounds at least once a week.

4. Use safeguarding measures to separate children in care from potentially hazardous areas on or near the facility grounds;

5. Maintain fences and other barriers in good repair; and

6. Locate and install playground or recreational equipment at the facility in accordance with the manufacturer's instructions and recommendations, and maintain the equipment in good repair and in accordance with the manufacturer's instructions and recommendations.

D. Water supply: If a facility's water is from any source other than an approved public water supply, the licensee shall obtain a written water analysis report, showing that the water is potable and meets the applicable requirements for safe drinking water in 18 A.A.C. 4. The licensee shall get the analysis and report from a laboratory certified by the Department of Health Services before initial operation and each annual renewal.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7459 Building Interior

A. A licensee shall ensure that a facility's physical plant can structurally accommodate the physical and program needs of all children in care according to the standards prescribed in this Article and the licensee's own program description.

B. The licensee shall keep a facility clean and sanitary.

C. The licensee shall have and maintain furnishings as prescribed in this subsection.

1. All living areas shall have furniture designed to suit the size and capabilities of the children in care.

2. A licensee shall replace or repair broken, dilapidated, or defective furnishings and equipment.

3. A licensee shall have mirrors in the facility to permit children in care to examine their personal appearance.

4. A licensee shall secure the mirrors to walls at heights convenient to the children in care.

D. A licensee shall ensure that all spaces used by children have outside ventilation from a window, louvers, air conditioning, or other mechanical equipment. A window or door used for outside ventilation shall have a screen.

E. A licensee shall maintain a facility's residential environment at temperatures that do not:

1. Exceed 85° F,

2. Fall below 65° F during daylight hours, or

3. Fall below 60° F during sleeping hours.

F. A licensee shall use thermometers scaled at no more than 2 degree increments to determine temperature.

G. A licensee shall not use free-standing stoves that use wood, sawdust, coal, or pellets, or portable heaters as the primary source of heat for a residential area.

H. A licensee shall safeguard hot water radiators or steam radiators and pipes or any other heating device capable of causing a burn.

I. A licensee shall maintain and use all electrical equipment, wiring, cords, switches, sockets, and outlets in good working order, under safe conditions, in accordance with the manufacturer's recommendations, and as prescribed in this subsection.

1. Electrical outlets in areas accessible to children younger than 6 shall have safety plugs or plates.

2. The licensee shall not:

a. Use extension cords exceeding 7 feet in length,

b. Allow extension cords to be connected together to extend their length, or

c. Allow extension cords to run across or through a room or to pass from one room into another.

J. A licensee shall provide illumination for a facility's rooms, corridors, and stairways so that children and personnel can perform activities and tasks safely and without eye strain.

K. A licensee shall illuminate a facility's outdoor walkways and premises so that children and personnel using areas at night can perform activities and tasks safely.

L. A licensee housing more than 10 children shall install and maintain emergency lighting systems in children's living quarters.

1. In this subsection, "emergency lighting system" means a battery or generator operated system that:

a. Automatically activates if electrical power fails; and

b. Provides sufficient light for persons to exit safely in an emergency.

2. If a licensee provides written documentation showing that a facility's emergency lighting system meets applicable city or county building codes for such systems, the system is presumed adequate to satisfy this subsection.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2). Amended by final rulemaking at 6 A.A.R. 4032, effective September 29, 2000 (Supp. 00-3).
Ariz. Admin. Code § R6-5-7460 Kitchens; Food Preparation; and Dining Areas

A. A licensee shall maintain a facility's kitchen and dining areas, and shall handle food, as prescribed in this Section.

B. The licensee shall:

1. Equip a facility kitchen used for meal preparation with the fixtures, appliances, equipment, tools, and utensils ("kitchen equipment") necessary for the safe and sanitary preparation, storage, service, and cleanup of food;

Keep kitchen equipment clean and in good working order;

3. Not use defective, damaged, tin, or aluminum dishes or utensils;

4. Not use disposable dinnerware or flatware on a daily basis unless the licensee provides evidence, at the time of initial licensure and at each renewal, that disposable items are necessary to protect the health or safety of children in care;

5. Maintain the temperature of potentially hazardous food at or below 45° F or above 140° F, except when the food is being handled or served;

6. Cover all food that is to be transported outside of the kitchen and dining areas of the facility; and

7. Not use home canned foods.

C. If a facility has more than 20 children, the licensee shall comply with the requirements in A.A.C. R9-8-132 through R9-8-137.

D. If a facility has less than 21 children, the licensee shall comply with A.A.C. R9-8-113, R9-8-115, R9-8-116, R9-8-117, and R9-8-121 through R9-8-127, and shall have:

1. One refrigerator for each 10 children at a facility; and

2. A three-compartment sink; or

3. A National Sanitation Foundation (NSF)-listed dishwasher; or

4. A domestic dishwasher with a sanitizer cycle.

E. A facility shall have clean dining areas and tables which allow children, staff, and guests to eat together.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7461 Sleeping Areas and Furnishings

A. A licensee shall provide each child in care with a designated area for rest and sleep as prescribed in this Section.

1. A licensee shall not use mobile dwellings, trailers, or vehicles as sleeping quarters.

2. The licensee shall provide children in care with bedroom space that:

a. Has a direct source of natural light;

b. Has a window that:

i. Opens to the outside without a grill or other impediment to immediate, emergency exit;

ii. Can be easily opened from the inside;

iii. Measures at least 22 inches on each side; and

iv. Has a bottom sill that is no more than 48 inches from the floor; and

c. Is at least:

i. A 74 square foot floor area for a single occupant;

ii. A 50 square foot floor area for each occupant in a multiple sleeping area; or

iii. A 40 square foot floor area for each crib.

3. The licensee shall provide each child in care with a bed that:

a. Is proportional to the child's height,

b. Is at least 30 inches wide,

c. Has a solidly constructed bed frame, and

d. Has safety railings if developmentally appropriate for the child using the bed.

4. If a licensee uses a bunk bed, the bed shall be limited to a double bunk, and shall have sufficient head room to allow the upper occupant to sit up.

5. A licensee shall use only cribs that have:

a. Bars or slats no more than 2 3/8 inches apart;

b. A mattress that fits snugly into the crib frame so that there is no space between the mattress and frame; and

c. No openings through which a child could place his or her head.

6. A licensee shall provide sheets, pillow cases, and blankets for each child and shall maintain bedding in good repair, without tears or stains.

a. The licensee shall ensure that sheets and pillowcases are washed at least weekly and more frequently if necessary.

b. The licensee shall use water resistant bedding when necessary.

7. A licensee shall provide each child with a dresser or other storage space adequate to contain the child's belongings and a designated space for hanging clothing in or near the child's bedroom.

B. The square footage area prescribed in subsection (A)(2)(c) is presumed adequate. If a licensee operates a barracks type facility that does not meet these square footage requirements, the licensee shall present a written plan showing how the licensee's square footage provides enough space for sleeping, rest, study, recreation, ingress, and egress in an emergency. The Licensing Authority shall review and approve the plan if it is consistent with the licensee's described program and does not pose a risk of harm to children in care.

C. A licensee shall not have bedroom doors that can be locked.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2). Amended by final rulemaking at 6 A.A.R. 4032, effective September 29, 2000 (Supp. 00-3).
Ariz. Admin. Code § R6-5-7462 Bathrooms

A. A licensee shall maintain bathrooms and bathroom fixtures in good operating and sanitary condition, and as prescribed in this Section.

1. The licensee shall have facility bathrooms equipped with:

a. At least one wash basin and one toilet for every six children in care;

b. At least one bathtub or shower for every eight children in care;

c. Cold and hot running water, with enough hot water to allow each child a daily bath or shower;

d. Bathtubs and showers that are slip-resistant; and

e. Toilets and bathtubs or showers which allow a child to have privacy, as developmentally appropriate, or as otherwise prescribed in written program policy.

2. The licensee shall not permit children age 5 or older who are of different genders to share a bathroom at the same time.

3. The licensee shall equip bathrooms to facilitate maximum self-help by children through one or more of the following methods:

a. Providing children with step-stools to reach a sink,

b. Providing smaller sized bathroom fixtures,

c. Providing training toilets,

d. Placing towel racks and dispensers at lower heights, or

e. Other similar or comparable methods.

4. A licensee shall have bathrooms large enough to permit staff to help children who require it.

5. A licensee shall provide bathrooms with sufficient toilet paper, towels, soap, and other items required to maintain good personal hygiene, or shall provide children with personal supplies of these items.

B. The bathroom fixture requirements prescribed in subsections (A)(1)(a) and (b) are presumed adequate. If a licensee operates a barracks type facility which does not meet these requirements, the licensee shall present a written plan showing how the licensee's bathroom facilities permit children in care to maintain adequate hygiene. The Licensing Authority shall review and approve the plan if it is consistent with the licensee's described program and does not pose a risk of harm to children in care.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7463 Other Facility Space; Staff Quarters

A. A licensee shall ensure that a facility has:

1. A place other than children's living areas to serve as an administrative office for records, secretarial work, and bookkeeping; and

2. Space for private discussions and counseling sessions between individual children and staff.

B. If a licensee has staff who reside at the facility, the licensee shall provide those staff with living and sleeping space that is separate from children's areas, including a separate bathroom. The licensee shall provide the children of these staff, who also reside at the facility, with a residential environment that meets the requirements of this Article for children in care.

C. A licensee operating a barracks type facility that has been approved as described in R6-5-7461(B) and R6-5-7462(B) is not required to provide separate space as described in subsection (B).

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7464 Fire, Emergency, and Fire Prevention

A. Emergency Procedures: A licensee shall have written procedures for staff and children to follow in case of emergency or disaster (natural, medical, or human-caused). The procedures shall include the following:

1. Provisions for the evacuation of buildings, including the evacuation of children with physical disabilities;

2. Assignment of staff to specific tasks and responsibilities;

3. Instructions on the use of alarm systems and signals;

4. Specification of evacuation routes and procedures, with clearly marked diagrams; and

5. Notification as prescribed in R6-5-7434.

B. Emergency Practices and Drills: A licensee shall prepare staff and children to respond to emergencies as prescribed in this subsection.

1. The licensee shall train all staff to perform assigned tasks during emergencies, including the location and use of fire fighting equipment.

2. The licensee shall train staff and children to report fires and other emergencies in accordance with written emergency procedures.

3. The licensee shall post evacuation procedures in conspicuous locations throughout all buildings.

4. The licensee shall train staff and children in evacuation procedures and conduct emergency drills at least once a month as prescribed in this subsection.

a. Practice drills shall include actual evacuation of children to safe areas.

b. Drills shall be held at random times and under varying conditions to simulate the possible conditions in case of fire or other disaster.

c. All persons in the building at the time of a drill shall participate in the drill.

5. A licensee shall maintain a record of all emergency drills. The record shall include:

a. Date and time of drill,

b. Total evacuation time,

c. Exits used,

d. Problems noted, and

e. Measures taken to ensure that children understand the purpose of a drill and their responsibilities during a drill.

C. Fire Prevention and Control: A licensee shall have and maintain fire prevention and safety equipment as prescribed in this subsection.

1. In a facility's residential environment, the licensee shall install and maintain smoke detectors according to the manufacturer's instructions, recommendations, and test specifications and shall maintain smoke detectors in good working order. Each smoke detector shall have a signal to indicate that batteries are low or are not working properly.

2. The licensee shall put a smoke detector in each separate sleeping area.

3. The licensee shall clean and test smoke detectors at least every three months. The licensee shall keep a written record of the cleaning and testing at the facility.

4. A licensee shall install and maintain portable fire extinguishers appropriate in number and size to the area to be protected.

5. A licensee shall have a qualified person inspect and, if necessary, recharge fire extinguishers at least once a year and immediately after use.

6. A licensee shall:

a. Document the dates that a fire extinguisher is charged and the person or agency responsible for charging it; and

b. Attach the documentation to the extinguisher.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7465 General Safety

A. Ground Floor: A licensee shall house non-ambulatory children and children younger than 6 only on the ground floor.

B. Licensees that provide services to young adults:

1. A licensee that provides services to young adults shall provide adequate safety information and individualized instruction to promote the safe use of a substance or item that is:

a. Required to be safeguarded under this Section; and

b. Necessary for the young adult's self-sufficiency, such as laundry and cleaning supplies, tools, and kitchen knives.

2. A licensee that provides services to young adults placed in care with their own children shall safeguard substances and items in a manner appropriate to protect the youngest child in residence.

C. Dangerous objects: A licensee shall safeguard all potentially dangerous objects, including:

1. Firearms and ammunition;

2. Recreation and hunting equipment;

3. Household and automotive tools;

4. Sharp objects such as knives, glass objects, and pieces of metal;

5. Fireplace tools, matches, and other types of lighters;

Machinery;

7. Electrical wires, boxes, and outlets;

8. Gas appliances;

9. Chemicals, cleaners, and toxic or flammable substances;

10. Swimming pools, ponds, spas, and other natural or artificial bodies of water; and

11. Motorized vehicles.

D. Water Temperature: A licensee shall maintain water that is accessible to children for personal use at a temperature at or below 120° F.

E. Gas appliances:

1. A licensee shall have a licensed and bonded heating and cooling technician annually inspect all gas-fired devices at a facility. The licensee shall get a written report of the inspection for submission to the Licensing Authority at the time of license renewal.

2. A licensee shall equip all gas-fired devices with an automatic pilot gas shut-off control.

3. A licensee shall remove the valves from unused gas outlets and cap the disconnected gas line with a standard pipe cap.

4. A licensee shall not use unvented water heaters.

5. A licensee shall not use kerosene or gasoline for lighting, cooking, or heating.

6. If a licensee uses a natural or propane gas burning device inside a facility, the licensee shall:

a. Install, test, and check carbon monoxide monitoring equipment in a facility's residential environment according to the manufacturer's instructions;

b. Maintain the monitoring equipment in good working condition; and

c. At the facility, keep a copy of the manufacturer's instructions, and, for one year, a record of the tests.

F. Finishes and surfaces:

1. A licensee shall not surface walls or ceilings with materials that contain lead except as allowed by law for protection from wood, pellet, or peat burning stoves.

2. A licensee shall not have any walls, equipment, furnishings, toys, or decorations surfaced with lead paint.

3. A licensee that accepts children who are under age 6, developmentally disabled, or severely emotionally disturbed, shall maintain the facility free of lead paint hazards, including permanent removal of any paint that a child may ingest.

G. Toxic and Flammable Substances:

1. A licensee shall ensure that any poisons and toxic or flammable substances used at a facility are used in a manner and under conditions that will not contaminate food or be hazardous to children.

2. A licensee shall ensure that containers of poisons and toxic or flammable substances are prominently and distinctly marked or labeled for easy identification of contents.

3. A licensee may burn trash only when:

a. Local authorities and ordinances allow burning;

b. The fire is at least 50 feet from any building used for children's residences; and

c. An adult supervises any child involved in the burning.

4. A licensee shall not use charcoal or gas grills indoors or on covered porches.

H. Firearms, Weapons, and Recreational and Hunting Equipment:

1. A licensee shall ban firearms, explosives, and ammunition from a facility and grounds, except a licensee may allow the following:

a. Firearms maintained and used exclusively by trained security guards; and

b. Non-functional, permanently disabled firearms used for ceremonial purposes if such use is documented in the licensee's policy and procedures.

2. A licensee shall keep bows and arrows, knives, and other potentially hazardous hunting and recreational equipment in locked secure storage that is not accessible to children.

I. Tools and Equipment: A licensee shall maintain lawn and garden equipment and maintenance tools and equipment safe and in good repair, and shall allow children to use them only under the supervision of staff. Depending on the developmental level of the child, the supervision need not be direct supervision.

J. Telephone service:

1. A licensee shall equip each living unit that does not house young adults with 24-hour telephone service or an intercom system linked to an outside telephone service, or

2. A licensee that provides services to young adults shall provide a device in each living unit that allows a young adult to immediately summon on-duty staff or emergency services. In addition, the licensee shall provide a telephone onsite. The licensee shall provide written and verbal information to each young adult explaining how to summon assistance in the event of an emergency.

3. A licensee shall conspicuously post, adjacent to the telephone:

a. The address and telephone number of the facility; and

b. Emergency telephone numbers, including fire, police, physician, poison control, Child Protective Services, and ambulance.

K. Smoking:

1. A licensee shall not expose a child in care to tobacco products or smoke.

2. A licensee shall not allow any person to use tobacco products inside buildings.

3. A licensee shall not allow a child in care to use or possess tobacco products.

L. Animals:

1. The licensee shall not maintain, at a facility, any animal that poses a danger to children in care.

2. The licensee shall have written evidence that dogs kept at a facility have current vaccinations against rabies.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2). Amended by emergency rulemaking at 12 A.A.R. 2233, effective June 1, 2006 for 180 days (Supp. 06-2). Emergency renewed at 12 A.A.R. 4732, effective November 28, 2006 for 180 days (Supp. 06-4). Amended by final rulemaking at 13 A.A.R. 2049, effective May 21, 2007 (Supp. 07-2).
Ariz. Admin. Code § R6-5-7466 Swimming Areas

A. A licensee shall fence an outdoor swimming pool to separate it from all buildings, with a fence that:

1. Is at least 5 feet high, as measured on the exterior side of the fence; and

2. Has a self-closing, self-latching gate that opens away from the swimming pool. The licensee shall maintain the latching equipment in good working order.

B. If the licensee accepts children younger than 6, the fence shall:

1. Have no opening through which a spherical object of 4 inches in diameter can pass;

2. Have horizontal components which:

a. Are spaced at least 45 inches apart, measured vertically; or

b. Do not have any openings greater than 1 3/4 inches, measured horizontally; or

3. Not have any openings for handholds or footholds, or any horizontal components, that can be used to climb the fence from the outside.

C. Subsections (A) and (B) do not apply to outdoor swimming pools that are entirely surrounded by permanent walls or buildings with doors that can be locked, so long as the walls or building meet the requirements for fencing set forth in subsections (A) and (B).

D. A licensee shall lock all entrances to a swimming pool when the pool is not in use.

E. A licensee shall maintain the following life-saving equipment in good repair and readily accessible to the swimming pool:

1. A ring buoy with 1/2-inch width rope that is at least half the distance of the pool measured at its longest point, plus 10 feet; and

2. A shepherd's crook attached to its own pole.

F. At least one of the staff members supervising children in a pool, shall remain out of the water.

G. When a pool is in use, a licensee shall keep a daily log to record water quality test results of an on-grounds swimming pool and shall maintain the pool free from contamination in accordance with 9 A.A.C. 8, Article 8.

H. The licensee shall, when chlorination is used, maintain a free chlorine residual of between 0.1 and 4.0 parts per million, and a pH range of 7.0 to 8.0. A licensee may add dry or liquid chemical sources directly to pool water only when enough time exists for dispersal before use.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7467 Access; Transportation; Outings

A. Access.

1. A facility shall be accessible by public or private motor vehicle.

2. If the facility cannot be accessed by a road that is passable by motor vehicle 12 months of the year the licensee shall have alternative transportation arrangements to provide access to the facility.

B. Transportation.

1. A licensee shall provide, arrange, or negotiate responsibility for arranging, with the placing agency or person, transportation required to implement a child's service plan.

2. A licensee shall provide staff supervision in any vehicle the licensee uses to transport a child in care.

C. Outings.

1. For every facility sponsored outing which is not part of the daily routine, such as a recreational trip of four hours or more, or an outing where emergency medical services cannot respond within 12 minutes, a licensee shall maintain, at the facility, a record of the following information:

a. A list of children participating in the outing;

b. Departure time and anticipated return time;

c. License plate numbers of every vehicle used for the outing; and

d. Name, location, and, if known, telephone number of the destination.

2. The licensee shall give the driver of a vehicle written emergency information on each child who is participating in the outing and riding with that particular driver.

3. The person supervising the child shall keep the information during the outing. The information shall include:

a. Each child's medication requirements, if any;

b. Common and known potential adverse reactions a child may have to a medication;

c. Adverse reactions a child may have as the result of delay in administration of medication; and

d. Any other adverse reaction a child is likely to have due to the child's special needs, including allergic reactions to particular substances or insects.

4. The licensee shall tell the driver about a child's particular needs or problems which may reasonably cause difficulties during transportation, including seizures, tendency toward motion sickness, disability, anxiety, or other phobias.

D. Extended outings: If a licensee takes children in care on an outing that lasts more than 30 consecutive days, the licensee shall:

1. Obtain court permission for any children who are court wards;

2. Comply with the requirements in R6-5-7469 through R6-5-7471 governing outdoor experience programs.

E. Vehicles.

1. A licensee shall ensure that all vehicles used for the transportation of children in care:

a. Are mechanically sound and in good repair,

b. Conform to applicable motor vehicle laws, and

c. Have equipment appropriate to the terrain and the weather.

2. The licensee shall not allow the number of individuals in a vehicle used to transport children in care to exceed the number of available seats and seat belts in a vehicle other than a bus. If the vehicle is a bus, the licensee shall not exceed the maximum stated occupancy on the bus inspection certificate.

A licensee serving nonambulatory children or children with disabilities shall provide access to transportation that accommodates the children's special needs and disabilities.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7468 Special Provisions for Shelter Care Facilities

A. General Requirements: A licensee operating a shelter care facility shall comply with all requirements prescribed in this Article, unless otherwise provided in this Section.

B. Admission Policy and Practice:

1. If a child has already been in shelter care for more than 42 days, a licensee shall not admit the child into shelter care at the licensee's facility, or permit the child to continue residing at the licensee's facility, unless the licensee has:

a. Asked the child's placing agency or person to have a multidisciplinary team:

i. Assess the child through a review of the child's records or in person; and

ii. Develop a service plan for the child; and

b. Documented the request in the child's record.

2. When a child self-refers to a shelter care facility, the licensee shall, within 24 hours of the child's arrival:

a. Notify the Department or the child's guardian; and

b. Document the placing agency or person's consent for the child's continued placement in a written agreement with the placing agency or person, or by obtaining a court order.

3. A licensee does not have to obtain medical information and consents before or at the time of a child's admission to a shelter care facility as prescribed in R6-5-7438(E)(4) and (5), but shall document attempts to obtain the medical consents from the placing agency or person within two days of the child's admission.

4. At the time of a child's admission, the licensee is not required to obtain the comprehensive intake assessment required by R6-5-7438(D), but shall work with the placing agency or person to compile information on and assess the child's current social, behavioral, psychological, developmental, health, legal, family, and educational status, as applicable to the child.

C. Staff-child ratio: A shelter care facility shall comply with the staff-child ratios prescribed in R6-5-7437, except that a licensee who accepts six or more children in care at a shelter facility shall have at least one awake staff member on duty during sleeping hours.

D. Staff development: In addition to the training requirements prescribed in R6-5-7433, a licensee shall train staff members who work at a shelter care facility to recognize the signs and effects of:

Substance use and abuse,

2. Common childhood illness, and

Communicable disease.

E. Medical care: A shelter care facility does not have to provide or arrange a medical examination as required by R6-5-7452(B)(1) unless the general health assessment required by R6-5-7438(E)(9) indicates a need for further medical attention.

F. Service planning: Unless a child remains in continuous shelter care for more than 42 consecutive days, a licensee operating a shelter care facility is not required to comply with the R6-5-7441 regarding service planning.

G. Children's records: A licensee shall maintain a record for each child in a shelter care facility as prescribed in R6-5-7428 except the licensee need not:

1. Comply with R6-5-7441, except as otherwise provided in subsection (F) above; or

2. Maintain treatment or clinical records and reports or progress monitoring notes as required by R6-5-7428(9) and (13).

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7469 Special Provisions and Exemptions for Outdoor Experience Programs

A. A licensee operating an outdoor experience program shall comply with the requirements in 6 A.A.C. 5, Article 74, except as otherwise provided in this Section.

B. An outdoor experience program shall not accept children younger than age 8.

C. An outdoor experience program is exempt from the requirements set forth in the following rules:

R6-5-7458 . Buildings; Grounds; Water Supply;

R6-5-7459 . Building Interior;

R6-5-7460 . Kitchens; Food Preparation; and Dining Areas;

R6-5-7461 . Sleeping Areas and Furnishings;

R6-5-7462 . Bathrooms;

R6-5-7463 . Other Facility Space; Staff Quarters;

R6-5-7464 . Fire, Emergency, and Fire Prevention;

R6-5-7465 . General Safety;

R6-5-7466 . Swimming Areas;

R6-5-7467 . Access; Transportation; Outings; and

R6-5-7468 . Special Provisions for Shelter Care Facilities.

D. An outdoor experience program shall comply with the requirements in R6-5-7470 and R6-5-7471.

E. If there is a conflict between the requirements set forth in R6-5-7401 through R6-5-7468 and the requirements set forth in R6-5-7469 through R6-5-7471, the latter requirements govern.

History

  • Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7470 Planning Requirements for Outdoor Experience Programs

A. Definitions. As used in this Section, the term "agency" means a licensee operating an outdoor experience program.

B. Trip itinerary. The agency shall develop a tentative day-to-day itinerary and a trip map for each trip prior to departure. One copy each of the itinerary and map shall be distributed as follows: to the agency for its office files; to the mobile program staff; when appropriate, to local authorities at each point on the itinerary before departure; to the child placing agency representative for each child who will be departing on the trip, and to the Department licensing representative. When major amendments to the itinerary are necessary due to unforeseen circumstances on the trip, written notification to the designated individuals shall be made. The itinerary shall reflect the following:

1. The travel schedule shall allow for daily periodic rest stops, relaxation, exercise, and personal time.

2. The travel schedule shall not exceed five consecutive days without at least two full intervening non-traveling days, unless emergency conditions such as storms force travel to safer sites.

3. The travel schedule shall specify the number of days of the trip, including departure and return dates and times, and mileage to be covered each day.

4. The travel schedule shall specify the route, specific tentatively planned locations of overnight stops, and activities in which children will participate.

5. The travel schedule shall specify the mode of transportation.

C. Trip plans. The agency shall develop written plans prior to the departure of each trip. These plans shall include:

1. The name, age, sex, address, and emergency phone number of each staff participant and of each child's parent or guardian and placing agency;

2. The exact location and access route for emergency rescue, search, fire, and medical assistance and law enforcement authorities at each program stop or location including the names, addresses, telephone numbers of other alternative means of communication with such authorities in case of an emergency. This information shall be included and identified on the trip map;

Contingency plans to deal with medical problems, fire, natural disasters, lost children, and other emergencies;

Plans for the care of any person who, for any reason, must be excluded from the program for a period of time;

Provision for and storage within ready access of the program staff, documents which fully identify the group, its leadership, ownership of equipment, purpose, insurance coverage, home base, and which contain completed health history forms and emergency treatment release forms;

6. Identification of appropriate sources or locations for water, food, doing laundry, bathing, liquid and solid waste, and garbage disposal;

7. A scheduled progress and condition report system between the mobile program and the agency administrator;

8. The maintenance by staff of a trip log which details each day's operation including travel time, mileage covered, and occurrences of the day;

9. The safe storage for all supplies and equipment while in transit as well as at the campsites.

D. Pre-departure procedures

1. The appropriate permissions shall be secured, if possible prior to departure, for traveling on roads and properties, using sites, and building fires.

Prior to departure, each child shall receive medical clearance from a physician in order to participate in the mobile portion of the program.

3. Prior to departure, all children and staff shall receive instruction in the safe and proper use of all equipment to be used on the trip.

4. Prior to departure, all children and staff shall be oriented as to safety regulations, emergency procedures, and transportation to emergency facilities or personnel, or both.

5. Prior to departure, the route, activities and logistics shall be approved in writing by the agency administrator.

6. An emergency liaison coordinator shall be appointed prior to departure. This coordinator or the coordinator's designee shall be available on a 24-hour basis. This person shall be located at the agency administrative office, and shall be at least 21 years of age and shall possess the following information about the program:

a. Names of individuals on the trip, including the staff member in charge;

b. Exact trip itinerary;

c. Number of days, including departure and return dates and times;

d. Rescue and evacuation plans and locations;

e. Pertinent medical information about program participants.

History

  • Renumbered from R6-5-7307 to R6-5-7470 and amended effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).
Ariz. Admin. Code § R6-5-7471 Special Physical Environment and Safety Requirements for Outdoor Experience Programs

A. Definition. As used in this Section, the term "agency" means a licensee operating an outdoor experience program.

B. Campsite location

1. General. The agency shall conduct activities on sites appropriate for the children in terms of individual needs, program goals, and access to service facilities.

2. Hazards

a. When selecting a campsite, the agency shall consider supervision of children, security, evacuation routes, animal hazards, and weather conditions, including the possibilities of lightning or flood.

b. A campsite shall be located on land that provides good drainage. A campsite shall not be located in a river bed or desert wash.

c. A campsite shall be free of debris, poisonous vegetation, and uncontrolled weeds or brush.

d. Children shall be warned and protected from hazardous areas such as traffic, cliffs, sinkholes, pits, falling rock or debris, abandoned excavations and poisonous vegetation. Hazardous areas shall be guarded or posted to reduce the possibility of accidents.

C. Physical environment

1. Sleeping shelters

a. All tents, teepees, or other sleeping shelters made of cloth shall be fire retardant or, if purchased after January 1985, shall be of the fiber-impregnated flame-retardant variety. Plastic sleeping enclosures of any type are prohibited.

b. Tents or other shelters used for sleeping areas shall be easily cleanable and in good repair, shall be structured and maintained in safe condition and shall afford adequate protection against inclement weather.

c. Tents or other types of temporary shelters shall provide sleeping space of not less than 15 square feet per person.

d. Campfires and open flames of any type are prohibited within 21 feet of any tent, teepee, or other sleeping shelter.

e. Smoking is prohibited within any sleeping shelter.

f. All sleeping shelters shall be posted with a permanent warning "No open flame in or near this shelter." This warning shall be on a sign or stenciled directly on the shelter.

g. Sleeping areas shall have direct exit access to the outside which is free of all obstruction or impediments to immediate use in the case of fire or other emergency.

2. Sleeping equipment

a. Sleeping equipment shall be provided by the agency and shall be clean, comfortable, non-toxic and fire-retardant.

b. Sleeping equipment shall provide reasonable insulation from cold and dampness. In addition to sleeping bag or blankets, insulation from the ground such as with a waterproof ground cloth or air or foam mattress shall be provided. A waterproof sleeping bag is not satisfactory.

c. All sleeping equipment shall be laundered, dry cleaned, and otherwise sanitized between assignment to different children or staff. Bedding shall be aired at least once every five days and laundered, dry cleaned, and sanitized once every 30 days.

d. Each child shall have a place for personal own sleeping equipment, clothes, and personal belongings. Such items shall be labeled or marked as to which child is using or owns such items.

3. Outdoor toilet areas

a. The agency with outdoor toilet areas shall provide facilities which allow for individual privacy.

b. Toilet areas shall be constructed, located and maintained so as to prevent any nuisance or public health hazard. Facilities provided for excreta and liquid waste disposal shall be maintained and operated in a sanitary manner as prescribed by the Department of Health Services in A.A.C. R9-8-301 through R9-3-308, and the Department of Environmental Quality in 18 A.A.C. 8, Article 6.

c. Toilet areas which do not have plumbing shall be located at least 75 feet from but within 300 feet of any living or sleeping area, or both, and shall be located at least 100 feet from any lake, stream, or water supply.

d. Toilets, outhouses, or portable shacks shall be adequate in number based on one seat for every 10 children in care.

i. There shall be a minimum of two seats if there are more than five children.

ii. If the agency serves physically disabled children, toilet facilities shall provide one seat for every eight persons.

e. Toilet facilities shall be well ventilated, allow for air circulation, be screened and periodically treated to deter insects, and be in good repair. An adequate supply of toilet paper shall be provided.

f. Toilets, outhouses, and portable shacks shall be cleaned and disinfected at least daily. Portable shacks shall be dumped daily in an approved dump station.

g. Toilet seats shall be constructed of nonporous materials. Wood is not acceptable.

h. Handwashing facilities shall be adjacent to the toilet area and shall be separate and apart from sinks and areas used for food preparation or washing pots, pans, kitchen, and eating utensils. Individual soaps and hand-drying devices shall be available.

4. Food preparation and serving

a. Menus. Menus shall be planned at least one week in advance and shall then be dated, posted, and kept on file for one year.

b. Food

i. All food and drink shall be stored to prevent spoilage. Only the foods which can be maintained in a wholesome condition with the equipment available shall be used.

ii. All milk and milk products utilized by the agency shall be obtained from sources approved by the State Department of Health Services.

iii. Only pasteurized milk and U.S. Government- inspected meat shall be served to the children. Powdered milk may only be used for cooking or when no refrigeration is available on a wilderness trip.

iv. Spoiled or contaminated foods shall not be used.

v. Raw fruits and vegetables shall be washed before use.

c. Preparation

i. All persons handling food shall wear clean outer garments and keep their hands and fingernails clean at all times while handling food, drink, utensils, or equipment.

ii. Smoking in the food preparation area is prohibited.

iii. Handwashing areas, including water, soap, and approved sanitary towels or other approved hand-drying devices, shall be provided adjacent to food preparation areas.

iv. Areas in which food and drink are stored, prepared or served, or in which utensils are washed, shall be rodent proof, rodent free, and rubbish free. They shall be cleaned after the serving of each meal. Any floors, walls, shelves, tables, utensils, and equipment in these areas shall be of such construction as to be easily cleaned, and shall be well lighted and ventilated.

v. All food preparation and service shall comply with applicable Department of Health Services food service rules in 9 A.A.C. 8, Article 1.

vi. No dish, receptacle, or utensil used in handling food for human consumption shall be used or kept for use if chipped, cracked, or broken.

vii. Prepared food shall be maintained at temperatures below 45°F or above 140° F; leftovers shall be reheated to 165° F.

d. Serving

i. Meal time shall be structured to make it a pleasant experience with sufficient time allowed for the children to eat at a reasonable, leisurely rate.

ii. Normal conversation shall be allowed and encouraged during meals.

e. Dish and utensil washing

i. Disposable or single-use dishes, utensils, receptacles or towels used in handling or preparing food shall be discarded after one use.

ii. Non-disposable food service dishes and utensils shall be cleaned and disinfected after each use in accordance with the following:

(1) A three-compartment sink or vat shall be used. Dishes and utensils shall be thoroughly scraped, washed with soap or detergent in hot water, kept clean, then rinsed free of detergents in clear water and then immersed for a period of at least two minutes in a warm or hot chlorine solution containing at no time less than 50 parts per million of available chlorine or such other solution as may be approved by the state or local health authority.

(2) Sinks shall be large enough to thoroughly immerse pots and pans.

(3) Dish towels shall not be used.

(4) Dishes and utensils shall be air dried. Drain boards shall be provided for draining dishes and utensils.

D. Equipment

1. Tools. Power tools, garden tools, and repair equipment shall be kept in a locked area and used by children only under adult supervision.

2. Protective clothing/equipment. Appropriate protective clothing/equipment shall be provided to children by the agency, when children are participating in potentially hazardous activities.

3. Program equipment

a. The agency shall use program equipment that is maintained in good repair, stored in such a manner as to safeguard the effectiveness of the equipment, and is given a complete safety check periodically and immediately prior to each use. Equipment shall be discarded after a period of time designated by the manufacturer.

b. The agency shall use program equipment appropriate to the age, size, and ability of each child in the activity.

E. Storage. The agency shall provide sufficient and appropriate storage facilities.

1. Toxic substances

a. The agency shall have securely locked storage spaces for all harmful materials. The keys to such storage spaces shall be available only to authorized staff members.

b. House and garden insecticides and other poisonous materials and all corrosive materials shall be kept in locked storage out of reach of children. Such storage shall not be in or near kitchen or food preparation or storage areas.

c. The agency shall have only those poisonous or toxic materials needed to maintain the program.

Drugs

a. A special cabinet shall be designated for medicine only. The medicine cabinet shall be kept locked and periodically cleaned. All outdated medications and those prescribed for past illnesses or for children discharged from the agency shall be destroyed.

b. All prescription medicines, drugs, etc., requiring refrigeration shall be marked with the required temperature range and stored in a refrigerator with a thermometer separate from food items and maintained under temperature ranges recommended by the manufacturer.

3. Flammable materials. Flammable liquids and gases shall be stored in metal containers only. The storage area must be separated from the rest of the living/program area.

4. Food

a. All food and drink shall be stored so as to be protected from dust, flies, vermin, rodents, and other contamination. No live animals shall be allowed in any area in which food or drink is stored.

b. Food and nontoxic cleaning supplies must be stored separately. Clean dishes and utensils shall be stored on properly covered shelves or in containers which are cleaned once a week with a chlorine solution (1 tablespoon of bleach to one gallon of water or an acceptable equivalent).

c. All perishable food items shall be kept refrigerated except during the time of preparation and service.

d. The temperature of refrigerated food must be maintained within a range from 38°F to 45°F.

e. A thermometer shall be located in each refrigerator, including ice boxes and ice chests, as well as electric or gas refrigerators. Where ice and ice boxes or chests are used, adequate ice shall be provided, meats and other highly perishable foods shall not be stored over 24 hours and ice chests shall be drained to prevent accumulation of water from melted ice.

F. Water

Approved source. The agency must have a sufficient water supply which is potable and from an approved source or purified for drinking, brushing teeth, and cooking.

2. Water purification. Water purification tablets or other means of disinfecting water shall be available at all times. The agency shall have a written policy on effective purification methods to be employed according to the water sources utilized and possible types of contamination.

Bathing. Warm water facilities shall be planned for and available for each child to bathe at least once a week.

4. Washing and laundering. Personal washing and laundering is not permitted in any body of water. Water used for these purposes shall be taken in a container from the lake, river or pond, and after use, shall be dumped on land at least 50 yards from the water source.

5. Drinking water

a. Cool, potable drinking water shall be available for all children at all times.

b. The use of a common drinking utensil is prohibited.

G. Sanitation

1. Health and Environmental requirements

a. The disposal of sewage, garbage, and other wastes shall be done in accordance with local health and applicable state requirements, as provided in 18 A.A.C. 8, Article 6 and 18 A.A.C. 9, Article 8.

b. The agency shall obtain sanitation inspections of mobile kitchens or mobile toilet facilities, or both, prior to each trip by state or county authorities. Written reports of the sanitary inspections shall be kept on file at the agency. The agency shall meet all local, state, and federal health rules and regulations.

2. Garbage and rubbish

a. Garbage and rubbish shall be stored securely in durable, noncombustible, leakproof, non-absorbent containers covered with tight-fitting lids. Such containers shall be provided with a waterproof liner or thoroughly cleaned after each emptying.

b. Garbage and rubbish storage shall be separate from living/sleeping areas.

c. Garbage, rubbish and other solid wastes shall be disposed of twice weekly at an approved sanitary landfill or similar disposal facility. In areas where no facilities are immediately available, solid wastes shall be packed out or disposed of in a manner in accordance with the regulations governing the area.

3. Sewage and wastes

a. Sewage and other liquid wastes shall be disposed of in a public sewage system or, in the absence thereof, in a manner approved by the local health authority.

b. Where possible, adequate and safe sewage facilities with flush toilets shall be provided.

4. Insects and rodents. Methods utilized in control of insects and rodents shall be used in a safe, cautious manner to avoid poisonous or toxic contamination to human beings.

H. Safety

Emergency procedures

a. The agency shall have and follow written procedures for staff and children in case of emergency. These procedures shall be developed with the assistance of qualified fire, safety, and rescue personnel and shall include provisions for the evacuation of all program areas and assignment of staff.

b. The agency shall train staff and children to report fires and other emergencies appropriately. Children and staff shall be trained in fire prevention.

c. The agency shall conduct emergency drills which shall include actual evacuation of children to safe areas at least monthly. The agency shall provide training for personnel on all shifts in performing assigned tasks during emergencies and making personnel familiar with the use of agency fire-fighting equipment.

i. Emergency drills shall be held at unexpected times and under varying conditions to simulate the possible conditions of fire or other disasters.

ii. All persons in the program area shall participate in emergency drills.

iii. A record of such emergency drills shall be maintained.

iv. The agency shall make special provisions for the evacuation of any physically handicapped children in the program.

v. The agency shall help emotionally disturbed or perceptually handicapped children understand the nature of such drills.

2. General program safety

a. The agency shall have written operating procedures, safety regulations, and emergency procedures for special program activities in which children participate, including aquatics, diving, lifesaving, instructional swimming, recreational swimming, water skiing, skin diving, scuba diving, boating, canoeing, rowing, sailing, crafts, bicycling, farming, horseback riding, mountaineering, rock climbing, rappelling, caving, outdoor living skills, physical fitness, snow and ice activities, archery, gymnastics, riflery, contact sports, backpacking, expedition travel, and animal handling.

b. The agency shall provide the written operating procedures, safety regulations, and emergency procedures to the Department licensing staff for review and approval.

c. All children and staff shall receive instruction in the safe and proper use of all equipment and animals to be used by the program.

d. All children and staff shall be oriented as to safety regulations, emergency procedures and transportation to emergency facilities and/or personnel.

3. Electrical

a. Electrical wiring and electrical appliances shall be installed in accordance with the Arizona State Fire Code at A.A.C. R4-36-201.

b. Electrical wires extending over activity areas shall be fully insulated and located at least 12 feet above the activity area.

c. All exposed wiring shall be fully insulated.

Gas appliances

a. The installation of gas appliances for lighting, cooking, space heating, and water heating shall conform to state and local codes. Where no code applies, the provisions of A.R.S. §§ 36-1621 through 36-1626, together with the standards for the installation of gas appliances and gas piping, shall be followed.

b. All unused gas outlets shall have the valves removed and shall be capped off with a standard pipe cap.

c. Gasoline shall not be used for lighting, cooking, or heating.

5. Fire safety equipment

a. Portable fire extinguishers shall be available and maintained for emergency fire protection. The number and type shall depend on the area to be protected.

b. All fire extinguishers shall be inspected at least monthly by staff members for proper location and to determine whether they are accessible, fully charged, and operable.

c. All fire extinguishers shall be inspected by an authorized fire extinguisher company at least once a year from the date of last charge and recharged immediately after use, or as otherwise necessary, showing the date of charging and the agency or company performing the work.

d. A dependable method of sounding a fire alarm shall be maintained in every agency area where children are located.

e. A written fire evacuation plan shall be posted.

I. Water safety

1. Water activities supervision

a. A water activities program operated by the agency shall at all times be under the immediate supervision of a person holding current certification as a Red Cross Water Safety Instructor, a YMCA Instructor in swimming and life saving, or an Aquatic Instructor Boy Scouts of America. A water-activities program includes recreational and instructional swimming in a pool, on a beach, or other approved water areas, rowing, canoeing, sailing, boating, water skiing, snorkeling and scuba diving.

b. The water activities supervisor shall provide pre-service training programs for participating children, supervise qualified lifeguards for water activities and maintain water activities equipment in safe working order.

c. There shall be a minimum of one guard currently certified in Red Cross Advanced Lifesaving, YMCA Lifesaving, or a Lifeguard Boy Scouts of America on duty for each 25 persons in or on the water, and in addition one staff member directly watching every 10 or less persons in or on the water.

Swimming procedures

a. American Red Cross, YMCA, or Boy Scouts of America tests shall be used to determine each child's swimming ability. Children shall be confined to an area equal to the limits of their swimming skills or an area requiring lesser skills for which they have been classified.

b. A method of supervising and checking bathers shall be established and enforced. The system used shall be supervised during swimming periods by a member of the aquatics staff and checks shall be conducted not less than every 10 minutes. A written "lost swimmer" plan shall be established and all staff shall know exactly what their duties are in case of an emergency.

c. Children shall swim only in areas designated by the water activities supervisor as safe.

d. Swimming is prohibited during the hours of darkness except in lighted pools.

3. Swimming areas

a. A swimming area shall be maintained in a clean and safe condition, free from holes, sharp edges, and hidden dangers. The agency shall post notice of any known hazard in the vicinity and shall properly safeguard children.

b. The swimming area shall have a delineation of areas for non-swimmers, intermediates, and swimmers in accordance with the standards of the American Red Cross, YMCA, Boy Scouts of America.

c. Lifesaving equipment shall be provided at a swimming area and placed so it is immediately available in case of an emergency. The equipment shall be kept in good working order and include a bell or whistle, two assist poles, and a ring buoy.

d. The water of a natural swimming area shall be free from contamination by garbage, refuse, sewage pollution, or foreign material.

4. Watercraft and water-skiing

a. Any watercraft activities shall be conducted during daylight hours and supervised by the aquatics program instructor. A U.S. Coast Guard-approved life preserver shall be provided for each occupant of a watercraft. A non-swimmer shall wear a vest-type Coast Guard-approved life preserver and not be permitted in a watercraft unless accompanied by a staff member. A child shall wear a vest-type Coast Guard-approved life preserver before entering and while in white water or on a lake when the water is rough or while water-skiing.

b. During a watercraft activity period, a lifeguard shall patrol the watercraft area in a lifeboat. A watercraft docking area shall not be in the swimming area.

c. The swimming area shall not be used for the launching or stopping of water-skiers.

d. The agency which requires or permits children to use watercraft shall have special coverage for such activities included in the agency's liability insurance.

J. Communications. The agency shall have a plan for emergency communication and communication equipment available with each mobile program unit, which may include:

1. Telephone in camp units and outposts;

2. Two-way radio or walkie-talkie;

3. Knowledge of phone or radio locations on backpack, horseback, canoe or car trips, such as Ranger stations in remote areas;

Simple code by flag, smoke, or mirror or other means if planned in advance.

K. Transportation

1. Vehicles

a. The agency shall provide or arrange transportation necessary for implementing the child's service plan.

b. Vehicles used in transporting children in care of the agency shall be licensed and inspected in accordance with Arizona state law.

c. Vehicles used for the transportation of children shall be maintained in a safe condition and be equipped in a fashion appropriate for the season.

d. The agency shall maintain written evidence that all vehicles owned, leased, borrowed, or rented by the agency to transport children are serviced regularly and maintained safely.

e. Vehicles used for the transportation of children shall be equipped with a first-aid kit and emergency accessories including tools, a fire extinguisher and flares or reflectors.

f. The agency shall not allow the number of persons in any vehicle used to transport children to exceed the number of available seats in the vehicle.

g. The agency shall not transport children in open truck beds or in trailers.

h. The agency shall ensure that any vehicle used to transport children has the following minimum amounts of liability insurance:

Injury per person: $300,000

Injury per accident: $1,000,000

2. Drivers

a. Any person transporting children in care of the agency shall be licensed to operate that class of vehicle according to Arizona state law.

b. The agency shall provide adequate supervision in any vehicle used by the agency to transport children in care.

c. The agency shall ascertain the nature of any need or problem of a child which might cause difficulties during transportation, such as seizures, a tendency towards motion sickness, or a disability. The agency shall communicate such information to the operator of any vehicle transporting children in care.

3. Transportation of nonambulatory children. The following additional arrangements are required for agencies serving handicapped, nonambulatory children.

a. A ramp device to permit entry and exit of a child from the vehicle must be provided for all vehicles except automobiles used to transport physically handicapped children. A hydraulic lift may be utilized provided that a ramp is also available in case of emergency.

b. In all land vehicles except automobiles, wheelchairs shall be securely fastened to the floor.

c. In all land vehicles except automobiles, the arrangement of the wheelchairs shall provide an adequate aisle space and shall not impede access to the exit door of the vehicle.

4. Emergency transportation

a. The agency shall have means of transporting children in cases of emergency.

b. The agency shall have a written plan for transportation of injured persons to emergency medical services.

L. Animals

1. Safety. The agency shall be responsible for the care and behavior of pets or any animals allowed or used in the program. Animals shall have had necessary rabies shots.

2. Insurance. The agency which requires or permits children to ride horses or other domesticated animals shall have specific coverage for such activities included in the agency's liability insurance.

3. Sanitation. A temporary, shelter, corral, tie-rail, or hitching post shall be located beyond 50 feet of an area where food is prepared, cooked, or served. Fly repellents and daily removal of manure shall be used to prevent such a location from becoming an attraction for or breeding place for flies.

History

  • Renumbered from R6-5-7308 and amended effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).

Article 75 APPEAL AND HEARING PROCEDURES FOR ADVERSE ACTION AGAINST FAMILY FOSTER HOMES, ADOPTION AGENCIES, FAMILY CHILD CARE HOME PROVIDERS, AND PERSONS LISTED ON THE CHILD CARE RESOURCE AND REFERRAL SYSTEM

Ariz. Admin. Code § R6-5-7501 Definitions

The following definitions apply in this Article.

1. "Adverse action" means:

a. Denial, suspension, or revocation of a child care provider's certification, an adoption agency license, or a foster home license; and

b. Exclusion from the child care resource and referral system described in A.R.S. § 41-1967.

2. "Administration" means the Department organizational unit responsible for taking adverse action which is the subject of an appeal. "Administration" includes the Division of Children, Youth, and Families and the Child Care Administration.

3. "Adoption agency" has the meaning ascribed to "agency" in A.R.S. § 8-101(2).

4. "Appeals Board" means the Department's independent, quasi-judicial, administrative appellate body, established under A.R.S. § 23-672, and authorized to review administrative decisions issued by hearing officers as prescribed in A.R.S. § 41-1992(D).

5. "Appellant" means a person who seeks a hearing with the Office of Appeals to challenge adverse action taken by the Department.

6. "Child Care Administration" means the administrative unit within the Department which is responsible for certification and supervision of family child care home providers and administration of the Child Care Resource and Referral System.

7. "Child Care Resource and Referral System," which is sometimes referred to as "CCR&R," means the child care provider information system which the Department administers under A.R.S. § 41-1967.

8. "Department" means the Arizona Department of Economic Security.

9. "Division of Children, Youth, and Families" means the administrative unit in the Department responsible for licensing foster homes and adoption agencies.

10. "Family child care home provider" has the meaning prescribed in R6-5-5201(29).

11. "Foster parent" has the meaning prescribed in A.R.S. § 8-501(A)(5).

12. "Hearing officer" means an individual appointed by the Department Director under A.R.S. § 41-1992(A) to conduct hearings when an appellant challenges adverse action.

13. "Licensee" means a person:

a. Applying for a license as, or currently licensed as, a foster parent or an adoption agency;

b. Applying for certification as, or certified as, a family child care home provider; or

c. Listed on the Child Care Resource and Referral System.

14. "Office of Appeals" means the Department's independent, quasi-judicial, administrative hearing body which includes hearing officers appointed under A.R.S. § 41-1992(A).

15. "Person" means a natural person, partnership, joint venture, company, corporation, firm, association, society, or institution.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7502 Entitlement to a Hearing; Appealable Action

A. A licensee who disputes adverse action may obtain an administrative hearing to challenge the action as provided in this Article.

B. The following actions are not appealable:

1. An adverse action resulting from a uniform change in federal or state law, unless the Department has misapplied the law to the person seeking the hearing;

2. Failure to clear a fingerprint check or criminal history check;

Imposition of noncompliance status as prescribed in R6-5-7035;

4. Imposition of a corrective action plan as prescribed in R6-5-5818;

5. Removal of a child from a placement;

6. Failure to enter into a contract with a particular licensee or to place a child with a particular licensee; and

7. Imposition of a provisional license as prescribed in A.R.S. § 8-509(D).

C. Findings made in a Child Protective Services ("CPS") investigation are not appealable under this Article. A person may appeal findings made in a CPS investigation of a licensee as prescribed in A.R.S. § 8-546.12.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7503 Computation of Time

A. In computing any time period,

1. The term "day" means a calendar day;

2. The term "work day" means Monday through Friday, excluding Arizona state holidays;

3. The date of the act, event, notice, or default from which a designated time period begins to run is not counted as part of the time period; and

4. The last day of the designated time period is counted, unless it is a Saturday, Sunday, or Arizona state holiday.

B. A document mailed by the Department is deemed given to the addressee on the date mailed to the addressee's last known address. The mailing date is presumed to be the date shown on the document, unless the facts show otherwise.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7504 Request for Hearing: Form; Time Limits; Presumptions

A. Except as otherwise provided in R6-5-5010(A) and R6-5-5227, a person who wishes to appeal an adverse action shall file a written request for hearing with the Administration within 20 days of the date on the notice or letter advising the person of the adverse action. The Administration shall provide a form for this purpose, and, upon request, shall help an appellant fill out the form.

B. An appellant shall include the following information in the request for hearing:

Name, address, and telephone number, and, if applicable, telefacsimile number of the person subject to the adverse action;

2. Identification of the Administration initiating the adverse action;

3. A description of the adverse action which is the subject of the appeal;

4. The date of the notice of adverse action; and

5. A statement explaining why the adverse action is unauthorized, unlawful, or an abuse of discretion.

C. The Department shall not deny an appeal solely because the request does not include all the information listed in subsection (B), so long as the request contains sufficient information for the Department to determine the identity of the appellant and the issue on appeal.

D. A request for hearing is deemed filed:

1. On the mailing date, as shown by the postmark, if sent first-class mail, postage prepaid, through the United States Postal Service to the Department; or

2. On the date actually received by the Department, if not mailed as provided in subsection (D)(1).

E. The Department may determine that a document was timely filed if the sender of the document can demonstrate that the delay in submission was due to any of the following reasons:

1. Department error or misinformation,

2. Delay or other action by the United States Postal Service, or

3. Delay caused by the appellant changing mailing addresses at a time when the appellant had no duty to notify the Administration of the change.

F. When the Office of Appeals receives a request for hearing that was not timely filed, the Office of Appeals shall schedule a hearing to determine whether the delay in submission is excused as provided in subsection (E).

G. An appellant whose appeal is denied as untimely may petition for review as provided in R6-5-7518.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7505 Administration: Transmittal of Appeal

An Administration that receives a request for appeal shall send the Office of Appeals a copy of the request and the adverse action notice within two work days of receipt of the request.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7506 Stay of Adverse Action Pending Appeal

A. The Department shall not carry out the adverse action until the time for appeal has run, except as otherwise provided in subsection (C), and in the following circumstances:

1. The appellant expressly waives the delay of action; or

2. The appellant

a. Is subject to the same adverse action for reasons other than those that are the subject of the current adverse action notice, and

b. Received notice of and failed to timely appeal the adverse action being imposed for reasons other than those that are the subject of the current notice.

B. If an appellant timely appeals an adverse action as provided in R6-5-7504, the Department shall not carry out the adverse action until a hearing officer issues a decision affirming the adverse action, except as otherwise provided in subsection (C), and in the following circumstances:

1. The appellant expressly waives the delay of action;

2. The appellant

a. Is subject to the same adverse action for reasons other than those that are the subject of the current adverse action notice; and

b. Received notice of and failed to timely appeal the adverse action being imposed for reasons other than those that are the subject of the current notice;

3. The appeal challenges an action that is not appealable according to R6-5-7502(B);

4. The appellant withdraws the request for hearing; or

5. The appellant fails to appear for the hearing.

C. The Department may summarily suspend a license, a certificate, or registration on the CCR & R, as provided in A.R.S. § 41-1064(C).

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7507 Hearings: Location; Notice; Time

A. The Office of Appeals shall schedule the hearing. The Office of Appeals may schedule a telephonic hearing or permit a witness to appear telephonically.

B. Unless the parties stipulate to another hearing date, the Office of Appeals shall schedule the hearing as follows:

1. For appeals of adverse action against a foster parent, within 10 days of the date the Department receives the appellant's request for hearing, as required by A.R.S. § 8-506; and

2. For all other appeals, no earlier than 20 days from the date the Department receives the appellant's request for hearing.

C. The Office of Appeals shall mail a notice of hearing to all interested parties at least 20 days before the scheduled hearing date, except where the hearing is scheduled within the 10-day period specified in subsection (B)(1). For hearings scheduled within the 10-day period, the Office of Appeals shall notify the parties telephonically and send written notice at the earliest date practicable.

D. The notice of hearing shall be in writing and shall include the following information:

1. The date, time, and place of the hearing;

2. The name of the hearing officer;

3. A general statement of the issues involved in the case;

A statement listing the parties' rights, as specified in R6-5-7511; and

5. A general statement of the hearing procedures.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7508 Rescheduling the Hearing

A. An appellant may ask for postponement of a hearing by calling or writing the Office of Appeals and providing good cause as to why the hearing should be postponed. Good cause exists where circumstances beyond the appellant's reasonable control make it difficult or burdensome for the appellant to attend the hearing on the scheduled date.

B. Except in emergency circumstances, the appellant shall ensure that the Office of Appeals receives the request for postponement at least five work days before the scheduled hearing date. The Office of Appeals may deny an untimely request. Emergency circumstances mean circumstances

1. Beyond the reasonable control of the party;

2. Which did not arise until after the five-day period; and

3. Which could not reasonably have been anticipated.

C. When the Office of Appeals reschedules a hearing under this Section or R6-5-7514, the Office of Appeals shall notify all interested parties, in writing, prior to the hearing. The 20-day notice requirement in R6-5-7507(C) does not apply to rescheduled hearings.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7509 Hearing Officer: Duties and Qualifications

A. An impartial hearing officer in the Office of Appeals shall conduct all hearings.

B. The hearing officer shall:

1. Administer oaths and affirmations;

2. Regulate and conduct hearings in an orderly and dignified manner that avoids unnecessary repetition and affords due process to all participants;

3. Ensure that all relevant issues are considered;

4. Exclude irrelevant evidence from the record;

Request, receive, and incorporate into the record, relevant evidence;

6. Upon compliance with the requirements of R6-5-7511, subpoena witnesses or documents needed for the hearing;

7. Open, conduct, and close the hearing;

8. Rule on the admissibility of evidence offered at the hearing;

9. Direct the order of proof at the hearing;

10. Upon the request of a party, or on the hearing officer's own motion, and for good cause shown, take action the hearing officer deems necessary for the proper disposition of an appeal, including the following:

a. Disqualify himself or herself from the case;

b. Continue the hearing to a future date or time;

c. Prior to the entry of a final decision, reopen the hearing to take additional evidence;

d. Deny or dismiss an appeal or request for hearing in accordance with the provisions of this Article; and

e. Exclude non-party witnesses from the hearing room; and

Issue a written decision resolving the appeal.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7510 Change of Hearing Officer; Challenges for Cause

A. A party may request a change of hearing officer as prescribed in A.R.S. § 41-1992(B) by filing an affidavit which shall include:

1. The case name and number;

2. The hearing officer assigned to the case; and

3. The name and signature of the party requesting the change.

B. The party requesting the change shall file the affidavit with the Office of Appeals and send a copy to all other parties at least five days before the scheduled hearing date.

C. Unless a party is challenging a hearing officer for cause as provided in subsection (D), a party may request only one change of hearing officer.

D. At any time before a hearing officer renders a decision, a party may challenge a hearing officer on the grounds that the hearing officer is not impartial or disinterested in the case.

E. A party who brings a challenge for cause shall file a request as provided in subsection (A) and send a copy of the request to all other parties. The request shall explain the reason why the assigned hearing officer is not impartial or disinterested.

F. The hearing officer being challenged for cause may hear and decide the challenge unless:

1. A party specifically requests that another hearing officer make the determination, or

2. The assigned hearing officer disqualifies himself or herself from the decision.

G. The Office of Appeals shall transfer the case to another hearing officer when:

1. A party requests a change as provided in subsections (A) through (C), or

2. A hearing officer is removed for cause as provided in subsections (D) through (F).

H. The Office of Appeals shall send the parties written notice of the new hearing officer assignment.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7511 Subpoenas

A. A party who wishes to have a witness testify at a hearing, or to offer a particular document or item in evidence, shall first attempt to obtain the witness or evidence by voluntary means. Department documents are available to the appellant as prescribed in R6-5-7512(2).

B. If the party cannot procure the voluntary attendance of the witness or production of the evidence, the party may ask the hearing officer assigned to the case to issue a subpoena for a witness, document, or other physical evidence.

C. The party seeking the subpoena shall send the hearing officer a written request for a subpoena. The request shall include:

1. The case name and number;

2. The name of the party requesting the subpoena;

3. The name and address of any person to be subpoenaed, with a description of the subject matter of the witness's anticipated testimony;

4. A description of any documents or physical evidence to be subpoenaed, including the title, appearance, and location of the item, and the name and address of the person in possession of the item; and

5. A description of the party's efforts to obtain the witness or evidence by voluntary means.

D. A party who wants a subpoena shall ask for the subpoena at least five days before the scheduled hearing date.

E. The hearing officer shall deny the request if the witness's testimony or the physical evidence is not relevant to an issue in the case or is cumulative.

F. The Office of Appeals shall prepare all subpoenas and serve them by certified mail, return receipt requested, except that the Office of Appeals may serve subpoenas to state employees who are appearing in the course of their state employment, by regular mail, hand-delivery, or state courier service.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7512 Parties' Rights

A party to a hearing has the following rights:

1. The right to request a postponement of the hearing, as provided in this Article;

2. The right to copy, before or during the hearing, any documents in the Department's file on the appellant, and documents the Department may use at the hearing, except documents shielded by the attorney-client or work-product privilege, or as otherwise prohibited by federal or state confidentiality laws;

3. The right to request a change of hearing officer as provided in A.R.S. § 41-1992(B) and R6-5-7510;

4. The right to request subpoenas for witnesses and evidence as provided in R6-5-7511;

5. The right to present the case in person or through an authorized representative, subject to any limitations prescribed in the Rules of the Supreme Court of Arizona, Rule 31(a);

6. The right to present evidence and to cross-examine witnesses; and

7. The right to further appeal, as provided in R6-5-7518 and R6-5-7520, if dissatisfied with an Office of Appeals' decision.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7513 Withdrawal of an Appeal

A. An appellant may withdraw an appeal at any time prior to the scheduled hearing by signing a written statement expressing the intent to withdraw. The Department shall make a withdrawal form available for this purpose. An appellant may also orally withdraw an appeal on the open record.

B. Upon receipt of a withdrawal request signed by the appellant or the appellant's representative, or a statement of withdrawal made on the record, the Office of Appeals shall dismiss the appeal.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7514 Failure to Appear; Default; Reopening

A. If an appellant fails to appear at the scheduled hearing, the hearing officer shall:

1. Enter a default and issue a decision dismissing the appeal, except as provided in subsection (B);

2. Rule summarily on the available record; or

3. Adjourn the hearing to a later date and time.

B. The hearing officer shall not enter a default if the appellant notifies the Office of Appeals, before the scheduled time of hearing, that the appellant cannot attend the hearing, due to good cause, and still desires a hearing or wishes to have the matter considered on the available record.

C. No later than 10 days after a scheduled hearing date at which a party failed to appear, the non-appearing party may file a request to reopen the proceedings. The request shall be in writing and shall demonstrate good cause for the party's failure to appear.

D. The hearing officer may decide the issue of good cause on the available record or may set the matter for briefing or for hearing.

E. If the hearing officer finds that the party had good cause for non-appearance, the hearing officer shall reopen the proceedings and schedule a de novo hearing with notice to all interested parties as prescribed in R6-5-7508(C).

F. Good cause exists where the non-appearing party demonstrates excusable neglect for both the failure to appear and the failure to timely notify the hearing officer. "Excusable neglect" has the meaning applied to "excusable neglect" as that term is used in Arizona Rules of Civil Procedure, Rule 60(c).

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7515 Hearing Proceedings

A. The hearing is a de novo proceeding. The Department has the initial burden of going forward with evidence to support the adverse action being appealed.

B. To prevail, the appellant shall prove, by a preponderance of the evidence, that the Department's action was unauthorized, unlawful, or an abuse of discretion.

C. The Arizona Rules of Evidence do not apply at the hearing. The hearing officer may admit and give probative effect to evidence as prescribed in A.R.S. § 23-674(D).

D. The Office of Appeals shall tape record all hearings or record the hearing by other stenographic means. The Department need not transcribe the proceedings unless a transcription is required for further administrative or judicial proceedings.

E. The Office of Appeals charges a fee of 15¢ per page for providing a transcript. A party may obtain a waiver of the fee by submitting an affidavit stating that the party cannot afford to pay for the transcript.

F. A party may, at his or her own expense, arrange to have a court reporter present to transcribe the hearing.

G. The hearing officer shall call the hearing to order and dispose of any pre-hearing motions or issues.

H. With the consent of the hearing officer, the parties may stipulate to factual findings or legal conclusions.

I. Upon request and with the consent of the hearing officer, a party may make opening and closing statements. The hearing officer shall consider any statements as argument and not evidence. Unless the hearing officer allows a longer period of time, a statement shall not exceed three minutes.

J. A party may testify, present evidence, and cross-examine adverse witnesses. The hearing officer may also take witness testimony or admit documentary or physical evidence on his or her own motion.

K. The hearing officer shall keep a complete record of all proceedings in connection with an appeal and shall exclude any irrelevant evidence.

L. The hearing officer may require the parties to submit memoranda on issues in the case if the hearing officer finds that the memoranda would assist the hearing officer in deciding the case. The hearing officer shall establish a briefing schedule for any required memoranda.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7516 Hearing Decision

A. No later than 60 days after the date the appellant files a request for hearing with the Department, the hearing officer shall render a decision based solely on the evidence and testimony produced at the hearing, and the applicable law. The 60-day time limit is extended for any delay caused by the appellant.

B. The hearing decision shall include:

1. Findings of fact concerning the issue on appeal;

2. Citations to the law and authority applicable to the issue on appeal;

3. A statement of the conclusions derived from the controlling facts and law, and the reasons for the conclusions;

4. The name of the hearing officer;

5. The date of the decision; and

6. A statement of further appeal rights and the time period for exercising those rights.

C. The Office of Appeals shall mail a copy of the decision to each party's representative, or to the party if the party is unrepresented.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7517 Effect of the Decision

A. If the hearing officer affirms the adverse action against the appellant, the adverse action is effective on the mailing date of the hearing officer's decision. The adverse action remains effective until the appellant appeals and obtains a higher administrative or judicial decision reversing or vacating the hearing officer's decision.

B. If the hearing officer reverses the Administration's decision to take adverse action, the Administration shall not take the action unless and until the Appeals Board or Arizona Court of Appeals issues a decision affirming the adverse action.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7518 Further Administrative Appeal

A. A party may appeal an adverse decision issued by a hearing officer to the Department's Appeals Board, as prescribed in A.R.S. § 41-1992(C) and (D), by filing a written petition for review with the Office of Appeals within 15 days of the mailing date of the hearing officer's decision.

B. The petition for review shall:

1. Be in writing,

2. Describe why the party disagrees with the hearing officer's decision, and

Be signed and dated by the party or the party's representative.

C. The party petitioning for review shall mail a copy of the petition to all other parties.

D. The Office of Appeals shall have the proceedings of the hearing below transcribed for the Appeals Board.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7519 Appeals Board

A. The Appeals Board shall conduct proceedings in accordance with A.R.S. § 41-1992(D) and A.R.S. § 23-672.

B. Following notice to the parties, the Appeals Board may receive additional evidence or hold a hearing if the Appeals Board finds that additional information would help in deciding the appeal. The Board may also remand the case to the Office of Appeals for rehearing, specifying the nature of the additional evidence required, or any further issues to be considered.

C. The Appeals Board shall decide the appeal based solely on the record of proceedings before the hearing officer and any further evidence or testimony presented to the Board.

D. The Appeals Board shall issue, and mail to all parties, a final written decision affirming, reversing, setting aside, or modifying the hearing officer's decision. The Board's decision shall specify the parties' rights to further review and the time for filing a request for review.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-5-7520 Judicial Review

Any party adversely affected by an Appeals Board decision may seek judicial review as prescribed in A.R.S. § 41-1993.

History

  • Adopted effective June 4, 1998 (Supp. 98-2).

Article 76 REPEALED

Ariz. Admin. Code § R6-5-7601 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7602 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7603 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7604 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4).
Ariz. Admin. Code § R6-5-7605 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7606 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7607 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7608 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7609 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7610 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7611 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7612 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7613 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7614 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7615 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7616 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7617 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7618 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7619 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7620 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7621 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7622 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7623 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7624 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7625 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7626 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7627 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7628 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7629 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7630 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7631 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7632 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7633 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7634 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7635 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7636 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7637 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7638 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-7639 [REPEALED]

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Repealed effective December 17, 1993 (Supp. 93-4).

Article 80 EXPIRED

Ariz. Admin. Code § R6-5-8001 Expired

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-8002 Expired

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-8003 Expired

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-8004 Expired

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-8005 Expired

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-8006 Expired

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-8007 Expired

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-8008 Expired

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-8009 Expired

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).
Ariz. Admin. Code § R6-5-8010 Expired

History

  • Adopted effective September 16, 1976 (Supp. 76-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2567, effective March 31, 2016 (Supp. 16-3).

Article 83 REPEALED

Ariz. Admin. Code § R6-5-8301 [REPEALED]

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-8302 [REPEALED]

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-8303 [REPEALED]

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-8304 [REPEALED]

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-8305 [REPEALED]

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-8306 [REPEALED]

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-8308 [REPEALED]

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Repealed effective December 17, 1993 (Supp. 93-4).

Article 86 REPEALED

Ariz. Admin. Code § R6-5-8601 [REPEALED]

History

  • Adopted effective February 24, 1977 (Supp. 77-1). Former Section R6-5-8601 repealed, new Section R6-5-8601 adopted effective March 8, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-8602 [REPEALED]

History

  • Adopted effective February 24, 1977 (Supp. 77-1). Former Section R6-5-8602 repealed, new Section R6-5-8602 adopted effective March 8, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-8603 [REPEALED]

History

  • Adopted effective February 24, 1977 (Supp. 77-1). Former Section R6-5-8603 repealed, new Section R6-5-8603 adopted effective March 8, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-8604 [REPEALED]

History

  • Adopted effective February 24, 1977 (Supp. 77-1). Former Section R6-5-8604 repealed, new Section R6-5-8604 adopted effective March 8, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).

Article 87 REPEALED

Ariz. Admin. Code § R6-5-8701 [REPEALED]

History

  • Adopted effective March 9, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-8702 [REPEALED]

History

  • Adopted effective March 9, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-8703 [REPEALED]

History

  • Adopted effective March 9, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-8704 [REPEALED]

History

  • Adopted effective March 9, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).

Article 91 REPEALED

Ariz. Admin. Code § R6-5-9101 [REPEALED]

History

  • Adopted effective March 12, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-9102 [REPEALED]

History

  • Adopted effective March 12, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-9103 [REPEALED]

History

  • Adopted effective March 12, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-9104 [REPEALED]

History

  • Adopted effective March 12, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).

Article 92 REPEALED

Ariz. Admin. Code § R6-5-9201 [REPEALED]

History

  • Adopted effective March 12, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-9202 [REPEALED]

History

  • Adopted effective March 12, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-9203 [REPEALED]

History

  • Adopted effective March 12, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-9204 [REPEALED]

History

  • Adopted effective March 12, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).

Article 104 REPEALED

Ariz. Admin. Code § R6-5-10401 [REPEALED]

History

  • Adopted effective March 19, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-10402 [REPEALED]

History

  • Adopted effective March 19, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-10403 [REPEALED]

History

  • Adopted effective March 19, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-10404 [REPEALED]

History

  • Adopted effective March 19, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).

Article 105 REPEALED

Ariz. Admin. Code § R6-5-10501 [REPEALED]

History

  • Adopted effective March 12, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-10502 [REPEALED]

History

  • Adopted effective March 12, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-10503 [REPEALED]

History

  • Adopted effective March 12, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).
Ariz. Admin. Code § R6-5-10504 [REPEALED]

History

  • Adopted effective March 12, 1979 (Supp. 79-2). Repealed effective December 17, 1993 (Supp. 93-4).

Chapter 6 DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R6-6-101 Definitions

In addition to the definitions found in A.R.S. §§ 36-551 and 36-596.51, the following definitions apply to this Chapter, unless otherwise provided in a specific Article of this Chapter:

1. "Administrative Review" means a mechanism of informal review for decisions made by the Division of Developmental Disabilities.

2. "Adult" means a person aged 18 years or above.

3. "Agency" means any organization, funded by the Division, which provides services to individuals with developmental disabilities.

4. "Agency administrator" means the Chief Executive Officer or designee of an agency.

5. "AHCCCS" means the Arizona Health Care Cost Containment System.

6. "ALTCS" means the Arizona Long-term Care System.

7. "ALTCS service provider" means those service providers through whom health care services are delivered to DD/ALTCS clients.

8. "Appeals Board" means the Department of Economic Security Appeals Board.

9. "Appellant" means any person or the Department who appeals an action under R6-6-1801 et seq.

10. "Appellate Services Administration/Long-term Care" means the Appellate Services Administration/Long-term Care within the Department of Economic Security.

11. "Applicant" means the responsible person as defined in A.R.S. § 36-551 who has applied for Division services.

12. "Assignment of benefits" means the insurer is entitled to deal with the assignee as the owner or pledgee of the policy in accordance with the terms of the assignment.

13. "Behavior management" means procedures designed to increase a client's appropriate behaviors and decrease inappropriate behaviors which are a problem to the client or others.

14. "Behavior-modifying medications" means drugs which are prescribed, administered, and directed for the purpose of reducing or eliminating certain behaviors.

15. "Benefits" means, for the purpose of determining cost of care portion under Article 12, monies received from SSI, SSA, or other governmental funds which may be subject to a cost of care portion for residential and other services provided by the Division.

16. "Case plan" means a written document used by child welfare staff which is a separate and distinct part of the case record. It identifies the case plan goal and target date, objectives, tasks, time-frames, responsible parties, consequences, and barriers. The child welfare care manager is responsible for the development and implementation of the case plan in consultation with the family and service team.

17. "Child" means a person under the age of 18 years.

18. "Community residential setting resident" or "resident" means any person placed for care in a community residential setting whether or not the person is a client of the Department.

19. "Cost of care" means the dollar value of services listed in R6-6-1201(B) provided to a client through the Division.

20. "Cost of care portion" means the percentage of a client's cost of care that a parent, client, or responsible person may be required to pay to the Division to help offset the cost of the client's care.

21. "DD/ALTCS client" means an individual with developmental disabilities who has met the eligibility criteria of both the Division of Development Disabilities and the Arizona Long-term Care System (ALTCS).

22. "DD/non-ALTCS client" means an individual who has met the eligibility criteria of the Division but who does not meet the eligibility criteria of ALTCS.

23. "Direct care staff" means a person who is employed or contracted to provide direct services to clients by either a community residential setting licensee or license applicant, or by an agency applying for or certified to provide Home and Community-based Services.

24. "District Program Manager" or "DPM" means the Division of Developmental Disabilities' administrator or designee in each of the Department's six planning districts.

25. "Emergency measures" means physical management techniques used in an emergency to manage a sudden, intense, or out-of-control behavior.

26. "Evacuation device" means equipment used to facilitate the evacuation of a community residential setting in the event of an emergency.

27. "Exclusion time-out" means a time-out procedure in which an individual is removed from a reinforcing environment to an environment which is less reinforcing or in which there is less opportunity to earn reinforcement.

28. "Family support services" means those services and supports provided by the division and are designed to strengthen the family's role as a primary care giver, prevent inappropriate out-of-home placement, maintain family unity, and reunite families with members who have been placed out of the home."

29. "Family support voucher" means a written authorization provided to a client or responsible person to purchase family support services.

30. "Fee for service" means the costs that are assessed pursuant to R6-6-1201 et seq. for services received from or through the Division.

31. "Fire Risk Profile" means an instrument prescribed by the Division that yields a score for a facility based on the ability of the resident to evacuate the community residential setting.

32. "Forced Compliance" means a procedure in which an individual is physically forced to follow a direction or command.

33. "Grievant" means any person who is aggrieved by a decision of the Department.

34. "Health insurance payments" means the assignment of rights to medical support or other third-party payments for medical care.

35. "Health Plan" means a service provider of health-related services.

36. "Hearing Officer" means any person selected to hear and render a decision in an appeal under Article 22 of this Chapter.

37. "Human Rights Committee" or "HRC" means a committee established by the Director to provide independent oversight and review as described in R6-6-1701 et seq.

38. "IEP" or "Individualized Education Plan" means a written statement for providing special education services to a child with a disability that includes the pupil's present levels of educational performance, the annual goals, and the short-term measurable objectives for evaluating progress toward those goals and the specific special education and related services to be provided.

39. "Income" means, as used in Article 12, net taxable income as reported on the person's last tax return.

40. "Individual service and program plan" or "ISPP" means a written statement of services to be provided to an individual with developmental disabilities including habilitation goals and objectives and determinations as to which services, if any, the client may be assigned. The ISPP incorporates and replaces the Individual Program Plan and the placement evaluation, both as defined in A.R.S. § 36-551, and the service plan as defined in A.R.S. § 36-2938.

41. "Individual service and program plan team" or "ISPP team" means a group of persons assembled by the Division and coordinated by the client's case manager in compliance with A.R.S. §§ 36-551 and 36-560 to develop an ISPP for each client.

42. "Insured" means the party to an insurance arrangement to whom, or on behalf of whom, the insurance company agrees to indemnify for losses, provide benefits, or render services.

43. "Insurer" means the insurance company assuming risk and agreeing to pay claims or provide services.

44. "Least intrusive" or "least obtrusive" means the level of intervention necessary, reasonable, and humanely appropriate to the client's needs, which is provided in the least disruptive or invasive manner possible.

45. "License applicant" means a person or business entity which submits an application to the Division for an initial or a renewal license to operate a community residential setting.

46. "Licensee" means a person or entity licensed as a community residential setting, or a person designated by such person or entity to be responsible for carrying out the requirements under these rules.

47. "Lives independently" means a client who lives in a primary residence in which the Division does not fund, in whole or in part, daily habilitation or room and board and for which the client secures the residence and is the principle signatory on the lease or rental agreement; makes decisions regarding roommates, furnishings, and arrangements for on-site services; makes the payments relating to the residence; and makes decisions to terminate such arrangements or lease or rental agreement.

48. "Main provider record" means a record maintained by a service provider which contains all pertinent information concerning the evaluations of, and the services provided to, a client, and which is located in a designated place.

49. "Mechanical restraint" means any mechanical device used to restrict the movement or normal function of a portion of the client's body, excluding only those devices necessary to provide support for the achievement of functional body position or proper balance.

50. "Medically necessary services" means those covered services provided by a physician or other licensed practitioner of the healing arts within the scope of their practice under state law to prevent disease, disability, and other adverse health conditions or their progression or to prolong life.

51. "Medication error" means that one or more of the following has occurred: a client is given the wrong medication or the wrong dosage, the medication is given at the wrong time or not given at all, or the medication is given via the wrong route or to the wrong person.

52. "Monitoring" means the process of reviewing licensed adult and child developmental homes and community residential settings for compliance with licensing, contractual, or programmatic requirements.

53. "Office of Appeals" means the Office of Appeals of the Department of Economic Security.

54. "Overcorrection" means a group of procedures designed to reduce inappropriate behavior, in specifically:

a. Requiring a client to restore the environment to a state vastly improved from that which existed prior to the inappropriate behavior; or

b. Requiring a client to repeatedly practice a behavior.

55. "Party" means any person appealing an action under R6-6-1801 et seq. or the Department.

56. "Physical restraint" means a procedure whereby one or more persons restrict a client's freedom of movement for the purpose of managing the client's behavior.

57. "Policy" in Article 13 means the written contract effecting insurance or the certificate thereof by whatever name called, and papers attached thereto and made a part thereof.

58. "Program contractor" means the Division of Developmental Disabilities in its position as program contractor to AHCCCS.

59. "Program Review Committee" or "PRC" means a group of persons designated by the District Program manager to review and approve or disapprove all behavior management programs before such programs may be implemented or sent to the Human Rights Committee.

60. "Program Unit" means a location where services are provided.

61. "Protective device" means an appliance used to prevent a client from engaging in self-injurious behavior, used by a medical practitioner to restrain an individual while a treatment or procedure is being performed, or authorized by a medical practitioner for use in response to a medical condition.

62. "Residential service" means a residential living arrangement operated by the Division or by providers funded by the Division, in which clients live with varied degrees of appropriate supervision.

63. "Reinforcer" means any consequence that maintains or increases the future probability of the response it follows.

64. "Response cost" means a procedure designed to decrease inappropriate behaviors by removing earned reinforcers or possessions as a consequence of an inappropriate behavior.

65. "Responsible party" means a client or a person or entity that is obligated or liable to pay the cost of care for a client, including the parent of a minor client, representative payee, guardian, or conservator, and the personal representative of an estate, or the trustee of a trust of which the client is a beneficiary.

66. "Seclusion" or "locked time-out room" means the placement of a client in a room or other area from which the client cannot leave.

67. "Service provider" means an agency or individual operating under a contract or service agreement with the Department to provide services to Division clients.

68. "Services" means developmental disability programs and activities consistent with family support philosophy and operated by or contracted for the Department directly or indirectly, including residential services, family and child services, family and adult services, and case management and resource services.

69. "Standards" means Arizona Revised Statutes, administrative rules, the Code of Federal Regulations, interagency and intergovernmental agreements, and contract provisions that apply to licensing and monitoring community residential settings.

70. "Tardive Dyskinesia" means a slow, rhythmic, automatic stereotyped movement which occasionally occurs, either generalized or in single muscle groups, as an undesired side effect of therapy with certain psychotropic drugs.

71. "Third-party liability" means the resources available from a person or entity that is or may be, by agreement, circumstances, or otherwise, liable to pay all or part of the medical expenses incurred by a Division client.

72. "Third-party payor" means any individual, entity, or program that is or may be liable to pay all or part of the medical cost of injury, disease, or disability of a Division client.

73. "Time-out device" means a secured room or area used to enforce a "time-out procedure."

74. "Time-out procedure" means a procedure in which the client's access to sources of various forms of reinforcement is removed for the purpose of decreasing a client's inappropriate behavior.

75. "Vulnerable adult" means an individual who is 18 years of age or older and who is unable to protect himself from abuse, neglect, or exploitation by others because of a mental or physical impairment according to A.R.S. § 13-3623.

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Amended paragraph (19) and adopted as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-101 renumbered to R6-6-201, new Section R6-6-101 adopted effective June 7, 1993, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended effective September 30, 1993, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 93-3). Amended effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Amended effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4). Amended under an exemption from A.R.S. Title 41, Chapter 6, effective December 1, 1996; filed in the Office of the Secretary of State November 22, 1996 (Supp. 96-4). Amended by exempt rulemaking at 10 A.A.R. 205, effective January 1, 2004 (Supp. 03-4). R6-6-101(36) reference to Article 20 corrected to Article 22 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-102 Rights of Individuals with Developmental Disabilities

The Division and its service providers shall guarantee the rights of individuals with developmental disabilities in the provision of services in compliance with applicable federal and state laws.

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-102 renumbered to R6-6-202, new Section R6-6-102 adopted effective June 7, 1993, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-102 renumbered to R6-6-103, new Section R6-6-102 adopted effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). R6-6-102 Section heading corrected at the request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-103 Confidentiality Officer

A. Each district shall designate one Division staff person to act as a confidentiality officer.

B. Confidentiality officers shall completely administer and supervise the maintenance and use of all personally identifiable information in the Division including storage, disclosure, retention, and destruction of this information in accordance with procedures of the Division and applicable state law.

C. At the time of eligibility determination reviews, confidentiality officers or their designees shall notify responsible persons of their rights pursuant to A.R.S. § 36-568.01 regarding disclosure of personally identifiable information.

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-103 renumbered to R6-6-203, new Section R6-6-103 adopted effective June 7, 1993, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-103 renumbered to R6-6-104, new Section R6-6-103 renumbered from R6-6-102 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-104 Access to Personally Identifiable Information

A. The Division and its service providers shall each maintain a list of persons or titles who are authorized to have access to personally identifiable information in their files.

B. The service provider shall maintain a main provider record for each client; the file shall be available to responsible persons upon request.

C. Where a service provider uses a centralized recordkeeping system, the service provider shall also make available appropriate records in the program unit.

D. Where particular professional services require the maintenance of separate records, a summary of the information contained therein shall be entered in the main provider record maintained by the client's service provider.

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Corrected subsection (B) and adopted as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-104 renumbered to R6-6-204, new Section R6-6-104 adopted effective June 7, 1993, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-104 renumbered to R6-6-105, new Section R6-6-104 renumbered from R6-6-103 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Amended effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-105 Consent for Release of Information

A. Consent for the release of personally identifiable information shall be:

Obtained from the client or responsible person in writing and dated;

2. Maintained in the main record.

B. Consents for release of information obtained during intake shall expire within 90 days.

C. Subsequent consents shall be obtained as needed and shall be valid for six months from the date of execution.

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-105 renumbered to R6-6-205, new Section R6-6-105 adopted effective June 7, 1993, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-105 renumbered to R6-6-106, new Section R6-6-105 renumbered from R6-6-104 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-106 Violations and Penalties

A. An employee of the Division or service provider shall not disclose personally identifiable client information unless a consent to release has been given as provided in this Section.

B. An employee of the Division who makes an unlawful disclosure of personally identifiable information is subject to disciplinary action or dismissal. Anyone who has knowledge of an employee's violation of R6-6-106 must report the violation to the employee's supervisor.

C. Violators are subject to penalties pursuant to applicable statute.

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-106 renumbered to R6-6-206, new Section R6-6-106 adopted effective June 7, 1993, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-106 renumbered to R6-6-107, new Section R6-6-106 renumbered from R6-6-105 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-107 Least Restrictive Environment

A. Every client has a right to the least restrictive, appropriate alternative in connection with the provision of services or placement in a program.

B. Every client has the right to a semi-annual review of services or programs funded by the Division and received by the client in order to ensure that the client's needs are met.

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-107 renumbered to R6-6-207, new Section R6-6-107 adopted effective June 7, 1993, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-107 renumbered to R6-6-108, new Section R6-6-107 renumbered from R6-6-106 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-108 Safe and Humane Environment

A. This Section does not apply to community residential settings that are governed by the provisions of Article 7, 8, 10, or 11 of this Chapter.

B. Service providers shall have a written and posted plan for meeting potential emergencies and disasters.

C. The plan shall be reviewed annually by the Division and shall include, but shall not be limited to:

1. The assignment of staff to specified duties and responsibilities;

2. A system for notification of appropriate persons;

3. Specification of evacuation routes and procedures including provisions for clients who are incapable of taking action for self-preservation; and

4. Provision for at least one rehearsal per year to evaluate the effectiveness of the plan.

D. Programs operated by the Division, or by a profit or nonprofit agency supervised or financially supported by the Division, shall have an active safety program, which shall include, but shall not be limited to:

1. Staff training for meeting potential emergencies and disasters such as fire, severe weather, and missing persons;

2. Staff training in the use of alarm systems and signals, firefighting, and equipment and evacuation devices;

3. Staff training in administering first aid, including cardiopulmonary resuscitation (CPR) and the Heimlich maneuver, in the presence of accident or illness;

4. Provisions for the avoidance of hazards such as accessibility to dangerous substances, sharp objects, and unprotected electrical outlets;

5. Provisions for the use of glass or other glazing material appropriate to the safety of the individuals served;

6. The use of clean, nonabrasive, slip-resistant, and safe surfaces on floors and stairs;

7. Provisions for the avoidance of heating apparatus and hot water temperatures that constitute a burn hazard to the individuals served; and

8. The use of lead-free paint in areas to which clients have access.

E. Programs operated by the Division, or by a profit or nonprofit agency supervised or financially supported by the Division, shall conform to local fire safety standards and the fire safety standards as approved and promulgated by the Arizona State Fire Marshal's office or by tribal fire department standards, whichever is appropriate.

F. Programs operated by the Division, or by a profit or nonprofit agency supervised or financially supported by the Division, shall provide adequate heating and cooling.

G. Service providers shall keep copies of all licenses, certificates, and correspondence in a separate file to document compliance with sanitation, health, and environmental codes of state and local authorities having primary jurisdiction in these matters. The file shall be available for inspection by the Division employees during regular business hours.

H. Service provider staff shall:

1. Always give clients the least amount of physical assistance necessary to accomplish a task;

2. Ensure that clients be accorded privacy during treatment and care of personal needs;

3. Care for the client's personal needs and, except in cases of emergency, ensure that each client is afforded the right to have care for personal needs provided by a staff member of the gender chosen by the client/responsible person. This choice needs to be specified in the ISPP;

4. Ensure that clients are afforded privacy with regard to written correspondence, telephone communication, and visitations; and

5. Uphold respect for the dignity of individuals with developmental disabilities during tours of client residences, work areas, or classrooms.

History

  • Section R6-6-108 adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-108 renumbered to R6-6-208 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Section R6-6-108 renumbered from Section R6-6-107 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Amended effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-109 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Deleted subsection (O); corrected subsections (E), (H), and (I); amended subsections (J) and (M); and adopted as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-208 renumbered from R6-6-108 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-110 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Amended subsection (B) and adopted as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-210 renumbered from R6-6-110 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-111 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Amended subsection (B) and adopted as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-210 renumbered from R6-6-110 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-112 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-212 renumbered from R6-6-112 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-113 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Amended subsection (C) and adopted as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-213 renumbered from R6-6-113 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-114 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-214 renumbered from R6-6-114 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-115 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-215 renumbered from R6-6-115 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-116 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-216 renumbered from R6-6-116 effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-117 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Amended subsections (C), (D), and (F) and adopted as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-217 renumbered from R6-6-117 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-118 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-218 renumbered from R6-6-118 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-119 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-219 renumbered from R6-6-119 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-120 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-220 renumbered from R6-6-120 effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-121 Renumbered

History

  • Adopted as an emergency effective January 12, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Adopted without change as a permanent rule effective September 18, 1987 (Supp. 87-3). Section R6-6-213 renumbered from R6-6-113 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).

Article 2 REPEALED

Ariz. Admin. Code § R6-6-201 [REPEALED]

History

  • Former R6-6-201 repealed, new Section R6-6-201 renumbered from R6-6-101 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-201 repealed, new Section R6-6-201 renumbered from R6-6-202 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-202 [REPEALED]

History

  • Former R6-6-202 repealed, new Section R6-6-202 renumbered from R6-6-102 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-202 renumbered to R6-6-201, new Section R6-6-202 renumbered from R6-6-203 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-203 [REPEALED]

History

  • Former R6-6-203 repealed, new Section R6-6-203 renumbered from R6-6-103 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-203 renumbered to R6-6-202, new Section R6-6-203 renumbered from R6-6-204 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-204 [REPEALED]

History

  • Former R6-6-204 repealed, new Section R6-6-204 renumbered from R6-6-104 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-204 renumbered to R6-6-203, new Section R6-6-204 renumbered from R6-6-205 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-205 [REPEALED]

History

  • Section R6-6-205 renumbered from R6-6-105 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-205 renumbered to R6-6-204, new Section R6-6-205 renumbered from R6-6-206 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-206 [REPEALED]

History

  • Section R6-6-206 renumbered from R6-6-106 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-206 renumbered to R6-6-205, new Section R6-6-206 renumbered from R6-6-207 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-207 [REPEALED]

History

  • Section R6-6-207 renumbered from R6-6-107 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-207 renumbered to R6-6-206, new Section R6-6-207 renumbered from R6-6-208 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-208 [REPEALED]

History

  • Section R6-6-208 renumbered from R6-6-108 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-208 renumbered to R6-6-207, new Section R6-6-208 renumbered from R6-6-209 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-209 [REPEALED]

History

  • Section R6-6-208 renumbered from R6-6-108 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-209 renumbered to R6-6-208, new Section R6-6-209 renumbered from R6-6-210 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-210 [REPEALED]

History

  • Section R6-6-210 renumbered from R6-6-110 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-210 renumbered to R6-6-209, new Section R6-6-210 renumbered from R6-6-211 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-211 [REPEALED]

History

  • Section R6-6-210 renumbered from R6-6-110 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-211 renumbered to R6-6-210, new Section R6-6-211 renumbered from R6-6-212 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-212 [REPEALED]

History

  • Section R6-6-212 renumbered from R6-6-112 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-212 renumbered to R6-6-211, new Section R6-6-212 renumbered from R6-6-213 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-213 [REPEALED]

History

  • Section R6-6-213 renumbered from R6-6-113 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-213 renumbered to R6-6-212, new Section R6-6-213 renumbered from R6-6-214 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-214 [REPEALED]

History

  • Section R6-6-214 renumbered from R6-6-114 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-214 renumbered to R6-6-213, new Section R6-6-214 renumbered from R6-6-215 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-215 [REPEALED]

History

  • Section R6-6-215 renumbered from R6-6-115 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-215 renumbered to R6-6-214, new Section R6-6-215 renumbered from R6-6-216 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-216 [REPEALED]

History

  • Section R6-6-216 renumbered from R6-6-116 effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-216 renumbered to R6-6-215, new Section R6-6-216 renumbered from R6-6-217 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-217 [REPEALED]

History

  • Section R6-6-217 renumbered from R6-6-117 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-217 renumbered to R6-6-216, new Section R6-6-217 renumbered from R6-6-218 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-218 [REPEALED]

History

  • Section R6-6-218 renumbered from R6-6-118 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-218 renumbered to R6-6-217, new Section R6-6-218 renumbered from R6-6-219 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-219 [REPEALED]

History

  • Section R6-6-219 renumbered from R6-6-119 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-219 renumbered to R6-6-218, new Section R6-6-219 renumbered from R6-6-220 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-220 [REPEALED]

History

  • Section R6-6-220 renumbered from R6-6-120 effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-220 renumbered to R6-6-219, new Section R6-6-220 renumbered from R6-6-221 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-221 Renumbered

History

  • Section R6-6-213 renumbered from R6-6-113 and amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-221 renumbered to R6-6-220 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).

Article 3 ELIGIBILITY FOR DEVELOPMENTAL DISABILITIES SERVICES PROGRAM

Ariz. Admin. Code § R6-6-301 Definitions

In addition to the definitions in Article 1 of this Chapter, the following definitions apply to this Article:

1. "ALTCS" means Arizona Long-Term Care System under the Arizona Health Care Cost Containment System (AHCCCS).

2. "Autism" means the same as in A.R.S. § 36-551.

3. "Cerebral palsy" means the same as in A.R.S. § 36-551.

4. "Cognitive disability" means a condition that involves subaverage general intellectual functioning, that exists concurrently with deficits in adaptive behavior manifested before the age of eighteen and that is sometimes referred to as intellectual disability.

5. "Department" means the Arizona Department of Economic Security.

6. "Division" means the Division of Developmental Disabilities within the Department.

7. "Epilepsy" means the same as in A.R.S. § 36-551.

8. "Guardian" means the same as in A.R.S. § 36-551.

9. "Individualized education program (IEP)" means a written statement, as defined in 20 U.S.C. 1401 and 1412, for providing special education and related services to a child with a disability.

10. "Lawful Presence" means that an individual is a citizen or permanent legal resident of the United States or that the individual's presence in the United States is otherwise authorized under federal law.

"Member" means an individual enrolled with the Division.

12. "Personal information" means facts regarding an individual that may include:

a. Address,

b. Phone number,

c. Changes in physical or behavioral health status, or

d. Other health care insurance coverage.

"Planning Document" means the same as "Individual program plan" defined in A.R.S. § 36-551, and incorporates:

a. The Individual Support Plan (ISP), which serves the same purpose as the individual program plan, the placement evaluation, and the individualized service program plan used in A.R.S. § 36-557;

b. The Individual Family Service Plan (IFSP); or

c. The Person Centered Plan.

14. "Planning Team" means a placement evaluation team referenced in A.R.S. § 36-560(G)(1), and includes:

a. The member;

b. The responsible person, if applicable;

c. The Support Coordinator;

d. Other Department staff, as necessary; and

e. Any service provider selected by the member, responsible person, or the Department.

"Program" means the developmental disabilities program as outlined in A.R.S. § 36-558.

16. "Resident" means an individual who physically resides within the State of Arizona with the intent to remain, except in the case of minors whose residency is deemed to be the same as that of the guardian.

17. "Responsible person" means the same as in A.R.S. § 36-551.

18. "Services" means child, adult, residential, and resource services provided by the Department, as listed in A.R.S. § 36-558(C).

19. "Support Coordinator" means a "case manager" as defined in A.R.S. § 36-551.

History

  • Adopted effective October 31, 1978 (Supp. 78-5). Former Section R6-6-301 repealed, new Section R6-6-301 adopted effective March 30, 1983 (Supp. 83-2). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Amended by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.
Ariz. Admin. Code § R6-6-302 Eligibility for Program

A. In order to be eligible for the program, an individual shall:

1. Demonstrate lawful presence in the United States;

2. Be a resident of the state of Arizona;

3. Have a developmental disability as defined in A.R.S. § 36-551 and this Article; and

4. Complete the application process.

B. Notwithstanding the provisions of subsection (A), the requirement of state residency does not apply to federal programs that are not subject to residency rules.

C. As a condition of eligibility, applicants shall assign rights to insurance benefits under this Chapter.

D. The Department shall make the final determination of eligibility.

E. The Division's Assistant Director or designee may review a member's eligibility at any time.

E. F. Even though an individual may have at one time met the requirements contained in this Article, effective interventions may later reduce substantial functional limitations to the extent that the individual no longer meets the eligibility requirements. When the Department, after a review pursuant to Article 18 of this Chapter, determines that it is necessary for a member to receive continued services to maintain skills or to prevent regression, the member shall remain eligible for the program.

F. G. The Department shall determine eligibility for children under the age of six years as follows:

1. A child under the age of six years may be eligible for the program if there is a strongly demonstrated potential that the child is or will be diagnosed with a developmental disability as determined by developmentally appropriate evaluations.

2. To be eligible for the program, a child under the age of six years shall:

a. Have a diagnosis of cerebral palsy, epilepsy, autism, or cognitive/intellectual disability; or

b. Be at risk for being diagnosed with a developmental disability based on:

i. An identified delay in one or more areas of development, or

ii. The likelihood that without services the child will be diagnosed with a developmental delay or disability.

c. Have demonstrated a significant developmental delay as determined in one or more areas of development as measured on a culturally appropriate and recognized developmental assessment tool. Eligibility is exclusive of cultural or environmental factors.

2. 3. For a child under the age of six years, a licensed physician, licensed psychologist, or an individual formally trained in early childhood development who evaluates the child through the use of culturally appropriate and recognized developmental tools and informed clinical opinion shall determine the developmental delay or disability.

H. To be eligible for the program, an individual, age six and older shall:

1. Have a diagnosis of cerebral palsy, epilepsy, autism, or cognitive/intellectual disability; and

2. Have functional limitations in three or more areas of major life activities as described in R6-6-303(C).

I. If the Department determines an individual to be ineligible for the program, the Department shall send the applicant a written notice of ineligibility by registered mail with return receipt requested. The notice shall include information regarding the opportunity for administrative review.

History

  • Adopted effective October 31, 1978 (Supp. 78-5). Former Section R6-6-302 repealed, new Section R6-6-302 adopted effective March 30, 1983 (Supp. 83-2). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Amended by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.
Ariz. Admin. Code § R6-6-303 Requirements for Determining Eligibility for the Division of Developmental Disabilities

A. For the purpose of eligibility determination, the Department shall accept the diagnoses of autism, cerebral palsy, epilepsy, and cognitive/intellectual disability as follows:

1. Autism. A psychiatrist, neurologist, licensed psychologist, or developmental pediatrician who has expertise in diagnosing autism shall make an autism diagnosis. A pediatrician who has completed specialized training approved by the Department in the diagnosis of autism may also make an autism diagnosis. The psychiatrist, neurologist, licensed psychologist, developmental pediatrician, or pediatrician with specialized training shall submit a diagnostic report regarding the individual documenting the presence of diagnostic criteria for autism, including the presence of the required number of symptoms of autism based on current guidelines established by the American Psychiatric Association.

2. Cerebral palsy. A licensed physician with expertise in diagnosing neurological disorders, such as a neurologist, or specialist in rehabilitation medicine, shall diagnose cerebral palsy. The physician shall submit a report to the Department documenting the diagnosis of cerebral palsy and include available medical records supporting the diagnosis.

3. Epilepsy. A physician specializing in neurology shall diagnose epilepsy.

a. The physician specializing in neurology shall submit a report to the Department documenting the active diagnosis of epilepsy and include the following:

i. Electroencephalogram (EEG) report;

ii. A description of the nature and frequency of the seizures, including current anti-seizure medication; and

iii. Confirmation of the ongoing nature of the disorder.

b. If the records of a neurological evaluation cannot be obtained or a diagnosis is not made by a physician specializing in neurology, the Division Medical Director shall review the available medical records to confirm a diagnosis of epilepsy.

Cognitive/Intellectual Disability.

a. A licensed psychologist trained to perform psychological evaluations utilizing standardized, culturally appropriate, and psychometrically sound measures shall diagnose cognitive/intellectual disability by considering the following:

i. Other mental disorders identified in current guidelines established by the American Psychiatric Association, including Schizophrenia, Bipolar Disorder, Attention Deficit Hyperactivity Disorder, and Substance Abuse;

ii. Significant disorders related to language or language differences;

iii. Physical factors, including sensory impairments, motor impairments, acute illness, chronic illness, and chronic pain;

iv. Testing performed during an acute inpatient hospitalization;

v. Educational or environmental deprivation; and

vi. Psychosocial factors.

b. To be eligible for the program, in the presence of co-existing mental illness, an individual's cognitive/intellectual disability shall not be the result of the onset of mental illness.

c. If an existing psychological evaluation cannot be obtained, or an initial psychological evaluation cannot be completed, the Division's Assistant Director or designee shall review the available records to confirm eligibility.

B. An individual, who acquires an impairment or condition after age six as a result of illness or traumatic brain injury, is not eligible in the absence of a qualifying diagnosis.

B. C. The Department shall determine substantial functional limitations in three or more areas of the major life activities as documented in records provided to the Department. These limitations are defined as follows:

1. Self-care. Self-care means the performance of personal activities that sustain the health and hygiene of the individual appropriate to the individual's age and culture. This includes bathing, toileting, tooth brushing, dressing, and grooming. A functional limitation regarding self-care occurs when an individual requires significant assistance with eating, hygiene, grooming, or health care skills or when the time required for an individual to complete these tasks is so excessive as to impede the ability to retain employment, attend school, or to conduct other activities of daily living. Documentation of substantial functional limitations for self-care may include recent:

a. Medical or behavioral records;

b. IEP that addresses limitations of self-care goals and objectives;

c. Relevant comments in a psychological or psychoeducational evaluation;

d. Relevant scores on the ALTCS assessment, Preadmission Screening (PAS) tool;

e. Relevant scores on the Vineland Adaptive Behavior Scales; or

f. Other structured standardized tests of adaptive functioning.

Receptive and expressive language.-- Receptive and expressive language means the process of understanding and participating in conversations in the individual's primary language, and expressing needs and ideas that can be understood by another individual who may not know the individual. A functional limitation regarding receptive and expressive language occurs when an individual is unable to communicate with others, or is unable to communicate effectively without the aid of a mechanical device, a third person, or a person with special skills. Documentation of substantial functional limitations for receptive and expressive language may include recent:

a. Psychological, psychoeducational, or speech evaluation records;

b. IEP references of severe communication deficits;

c. Use of sign language, a communication board, or an electronic communication device; or

d. Relevant scores on the ALTCS assessment, PAS tool.

3. Learning. - Learning means the ability to acquire, retain, and apply information and skills. A functional limitation regarding learning occurs when an individual's cognitive factors, or other factors related to the acquisition and processing of new information are impaired to the extent that the individual is unable to participate in age-appropriate learning activities without utilization of additional resources. Documentation of limitations for learning may include verification of placement in a special education program.

4. Mobility. Mobility means the skill necessary to move safely and efficiently from one location to another within the individual's residence, neighborhood, and community. A functional limitation regarding mobility occurs when an individual's fine or gross motor skills are impaired to the extent that the assistance of another individual or mechanical device is required to move from place to place or when the effort required to move from place to place is so excessive as to impede ability to retain employment and conduct other activities of daily living. Documentation of limitations for mobility may include:

a. Relevant scores on the ALTCS assessment, PAS tool; or

b. Medical or educational records indicating the need to regularly use a wheelchair, walker, crutches, or other assistive devices, or to be physically supported by another person when ambulating.

Self-direction.

a. Self-direction means the ability to manage one's life, including:

i. Setting goals,

ii. Making and implementing plans to achieve those goals,

iii. Making decisions and understanding the consequences of those decisions,

iv. Managing personal finances,

v. Recognizing the need for medical assistance,

vi. Behaving in a way that does not cause injury to self or others, and

vii. Recognizing and avoiding safety hazards.

b. A functional limitation regarding self-direction occurs when an individual requires assistance in managing personal finances, protecting self-interest, or making independent decisions that may affect well-being. For children under the age of 18, the Department shall compare the child's abilities in this area with age and developmentally appropriate abilities based on the current guidelines of Centers for Disease Control and Prevention and American Academy of Pediatrics.

c. Documentation of limitations for self-direction may include:

i. Court records appointing a legal guardian or conservator,

ii. Relevant comments in medical or behavioral records,

iii. Relevant comments in psychoeducational or psychological evaluation,

iv. Relevant objectives in the IEP, or

v. Relevant scores on the ALTCS assessment, PAS tool.

6. Capacity for independent living.

a. Capacity for independent living means the performance of necessary daily activities in one's own residence and community, including:

i. Completing household chores;

ii. Preparing simple meals;

iii. Operating household equipment such as washing machines, vacuums, and microwaves;

iv. Using public transportation; and

v. Shopping for food, clothing, and other essentials.

b. A functional limitation regarding the capacity for independent living occurs when an individual needs supervision or assistance for the individual's safety or well-being, on at least daily basis in the performance of health maintenance and housekeeping. For children under the age of 18, the Department shall compare the child's abilities in this area with age and developmentally appropriate abilities based on the current guidelines of Centers for Disease Control and Prevention and American Academy of Pediatrics, including:

i. Age of the child,

ii. Culture,

iii. Language,

iv. Length of time to complete task,

v. Level and type of supervision or assistance needed,

vi. Quality of task performance,

vii. Effort expended to complete the task performance,

viii. Consistency and frequency of task performance, and

ix. Impact of other health conditions.

c. Documentation of limitations for the capacity for independent living may include:

i. Relevant comments in a psychoeducational or psychological evaluation,

ii. Related objectives on the IEP, or iii. Relevant comments in medical records.

7. Economic self-sufficiency. -- Economic Self-Sufficiency means when an individual is unable to perform the tasks necessary for regular employment or is limited in productive capacity to the extent that earned annual income, after extraordinary expenses occasioned by the disability, is below the poverty level. For children under the age of 18, the Department shall compare the child's abilities in this area with age and developmentally appropriate abilities based on the current guidelines of Centers for Disease Control and Prevention and American Academy of Pediatrics. Documentation of limitations for economic self-sufficiency may include:

a. The receipt of Supplemental Security Income (SSI) or Social Security Disability Income (SSDI) benefits, or

b. Eligibility for Vocational Rehabilitation Services.

History

  • Adopted effective October 31, 1978 (Supp. 78-5). Repealed effective March 30, 1983 (Supp. 83-2). New Section adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Adopted by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.
Ariz. Admin. Code § R6-6-304 Eligibility under Arizona Long-term Care System

A. The Department shall refer an individual with a developmental disability who may be eligible for the ALTCS to the Arizona Health Care Cost Containment System Administration (AHCCCS) to determine eligibility under ALTCS.

B. The Department shall not provide services, other than emergency services as provided in this Chapter, to an individual who has been referred for ALTCS eligibility determination until that determination has been completed.

C. Applicants who are determined eligible and enrolled in the program, but knowingly refuse to cooperate in the ALTCS eligibility process, are not eligible for services pursuant to A.R.S. § 36-559.

History

  • Adopted by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.
Ariz. Admin. Code § R6-6-305 Admission to Program

When the Department determines an individual to be eligible and enrolls the individual in the program, the Support Coordinator, with the Planning Team, shall complete a Planning Document to document any necessary supports and services.

History

  • Adopted by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.
Ariz. Admin. Code § R6-6-306 Emergency Services

In an emergency, the Department may provide services without a Planning Document to an individual who has been enrolled in the program. The Planning Team shall complete a Planning Document for emergency services within 10 days of the enrollment.

History

  • Adopted by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.
Ariz. Admin. Code § R6-6-307 Eligibility Redeterminations for the Program

The Department may redetermine eligibility for the program:

1. As a result of periodic evaluations in accordance with A.R.S. § 36-565; or

2. At any time, as authorized by the Division's Assistant Director or designee.

History

  • Adopted by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.
Ariz. Admin. Code § R6-6-308 Member Responsibilities

Members shall:

Inform the Support Coordinator of any change in personal information;

2. Participate in the development of the Planning Document and signify agreement or disagreement by signing the Planning Document;

3. Uphold all local, state, and federal laws and regulations; and

4. Cooperate and comply with the ALTCS redetermination process.

History

  • Adopted by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.
Ariz. Admin. Code § R6-6-309 Termination of Eligibility for the Program

A. Pursuant to A.R.S. § 36-566(A) and (B), the Department may terminate eligibility following a 35-day written notice period to the member or the responsible person when:

1. The Department determines that the member no longer meets the conditions of eligibility for services;

2. The member reaches the age of 18, unless an application for eligibility has been filed with the Department; or

3. The member fails to comply with R6-6-308.

B. The 35-day written notice shall include the proposed termination date and information regarding the opportunity for administrative review under Article 18 of this Chapter.

C. The Department shall terminate the member's eligibility for the program if the member or responsible person provides a written request for withdrawal from the program.

History

  • Adopted by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.

Article 4 APPLICATION

Ariz. Admin. Code § R6-6-401 Definitions

In addition to the definitions in Article 1 of this Chapter, the following definition applies to this Article: "Lawful presence" means the same as in R6-6-301.

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed, new Section adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended by final rulemaking at 26 A.A.R. 1871, effective 10/20/2020.
Ariz. Admin. Code § R6-6-402 Application for the Division of Developmental Disabilities Services

A. An applicant shall:

2. 1. Complete, sign, and submit an application on the form or by the method provided by the Division;

1. 2. Participate in a face-to-face interview with a designated Department employee, if requested by the Division or the applicant; and

3. Submit information and documents to support the application, as required by the Division.

B. Upon application, the applicant agrees to abide by federal and state statutes and regulations and Department policy.

B. C. The application shall contain, at a minimum:

1. With respect to the person applying:

a. Name, address, and telephone number;

b. Date of birth, place of birth, gender, primary language, and proof of U.S. citizenship;

c. Monthly income;

d. c. Medical insurance coverage;

e. d. Educational history, including educational placements

f. e. Information showing the existence of a developmental disability, including professional assessments and evaluations, as required in A.R.S. § 36-559(A)(2) and Article 3 of this Chapter; and

g. f. A description of any other disabling conditions or special considerations.

h. If under 18 years of age, total number of persons in the household;

i. Identification of any adults who regularly live in the home by name, date of birth, and relationship to the person to receive services;

j. Identification of natural parents, regardless of whether living in the home, by name, social security number, and business and home telephone numbers; and

k. Identification of two adult persons living outside the home who are familiar with the person to receive services, by name, address, relationship to the person to receive services, and business and home telephone numbers; and

2. With respect to the responsible person, if other than the person to whom services would be provided:

a. Name, home address, and telephone number; and

b. Relationship to person to whom services would be provided.

c. D. If guardianship or conservatorship has been established, the applicant shall provide a copy of the court order with the application.

C. The applicant shall provide a description of programs and services requested.

D. The applicant shall provide information regarding prior applications for admissions to Division services or services received.

E. The applicant shall provide documentation of application information as defined in R6-6-405 .

F. E. The Division shall not consider an incomplete application.

1. Within 10 calendar days of receipt of an incomplete application, the Division shall notify the applicant of the information needed to complete the application and request the missing information.

2. If the applicant does not provide the specified information within 15 working days of receipt of notification of deficiencies, or cannot demonstrate a good faith effort to collect the information, the Division shall close the applicant's file and send a letter denying admission.

F. If the applicant does not provide the requested information to the Division by the date specified in the notification under subsection (E), the Division may deny the application and close the file.

G. An applicant whose file has been closed, and who subsequently desires admission, shall submit a new application.

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed, new Section adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 465, effective January 11, 2017 (Supp. 17-1). Adopted by final rulemaking at 26 A.A.R. 1871, effective 10/20/2020.
Ariz. Admin. Code § R6-6-403 Documentation and Verification

The applicant shall provide documentation of the following:

1. Lawful presence of the person to whom services are to be provided, as required by A.R.S. § 1-502.

1. 2. Residency. An applicant shall:

a. Verify current residency and intent to remain in Arizona by signing the application.

b. At the request of the Department, provide additional documentation demonstrating Arizona residency of the person to whom services would be provided.

i. Rent or mortgage receipt, or lease in the applicant's name showing the residential address;

ii. Non-relative landlord statement indicating the applicant's name and address as well as the landlord's name and address and telephone, if available;

iii. Applicant's Arizona driver's license; iv. Applicant's Arizona motor vehicle registration;

v. Signed employment statement from applicant's non-relative employer;

vi. Utility bill in the applicant's name indicating the applicant's address;

vii. Current phone directory showing applicant's name and address;

viii. United States Post Office records which show the applicant's name and address;

ix. A current city directory showing the applicant's name and address;

x. Certified copy of a church membership or enrollment record which indicates the applicant's current name and address; or

xi. Certified copy of a school record which indicates the applicant's current address; or

c. If an applicant has made all reasonable efforts to obtain documented verification as described in subsection (1)(b) and has been unsuccessful, the affidavit signed by the applicant attesting to the applicant's present residence and intent to remain in Arizona shall be sufficient.

2. Age.

a. An applicant shall provide proof of age of the person to receive services by the following:

i. Alien documents;

ii. Federal or state census records;

iii. Hospital records of birth;

iv. Copy of birth certificate;

v. Military records;

vi. Notification of birth registration;

vii. Religious records showing age or date of birth;

viii. Dated school records showing age or school records showing date of birth;

ix. Affidavit signed by the licensed physician, licensed midwife or other health care professional who was in attendance at the time of the birth, attesting to the date of birth; or

x. U.S. Passport.

b. If an applicant has made all reasonable efforts to obtain documented verification as described in subsection (2)(a) and has been unsuccessful, an affidavit signed by the applicant shall be sufficient to verify age of person to receive services.

3. Health Insurance Coverage. An applicant shall provide information regarding current health insurance coverage for the person to whom services would be provided, as required in Article 13 of this Chapter.

4. Income. The Division shall require documentation of income as provided in R6-6-1201 et seq.

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed, new Section adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Renumbered from R6-6-405 by 26 A.A.R. 1871, effective 10/20/2020.
Ariz. Admin. Code § R6-6-404 Eligibility under ALTCS

A. The Division shall refer individuals with developmental disabilities who may be eligible for the Arizona Long-term Care System (ALTCS) to the Arizona Health Care Cost Containment System Administration (AHCCCS) to determine eligibility under ALTCS.

B. The Division shall not provide services, other than emergency services as provided under R6-6-502, to an individual who has been referred for ALTCS eligibility determination until that determination has been completed.

C. Applicants who voluntarily refuse to cooperate in the ALTCS eligibility process are not eligible for Division services pursuant to A.R.S. § 36-559 .

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed, new Section adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended by final rulemaking at 26 A.A.R. 1871, effective 10/20/2020.
Ariz. Admin. Code § R6-6-405 Renumbered

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed, new Section adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Renumbered to R6-6-403 by 26 A.A.R. 1871, effective 10/20/2020.
Ariz. Admin. Code § R6-6-406 [REPEALED]

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-407 [REPEALED]

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-408 [REPEALED]

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-409 [REPEALED]

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-410 [REPEALED]

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-411 [REPEALED]

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-412 [REPEALED]

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-413 [REPEALED]

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).
Ariz. Admin. Code § R6-6-414 [REPEALED]

History

  • Adopted effective February 2, 1989 (Supp. 89-1). Section repealed effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2).

Article 5 [Repealed]

Ariz. Admin. Code § R6-6-501 [Repealed]

History

  • Repealed effective February 2, 1989 (Supp. 89-1). New Section adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Repealed by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.
Ariz. Admin. Code § R6-6-502 [Repealed]

History

  • Repealed effective February 2, 1989 (Supp. 89-1). New Section adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Repealed by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.
Ariz. Admin. Code § R6-6-503 [Repealed]

History

  • Repealed effective February 2, 1989 (Supp. 89-1). New Section adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Repealed by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.
Ariz. Admin. Code § R6-6-504 [Repealed]

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Repealed by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.
Ariz. Admin. Code § R6-6-505 [Repealed]

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Repealed by final rulemaking at 24 A.A.R. 2013, effective 8/24/2018.

Article 6 PROGRAM SERVICES

Ariz. Admin. Code § R6-6-601 Case Management

Upon the filing of an application for admission to services, the Division shall assign a case manager to assist the applicant. Upon admission, the case manager shall assist the client and the client's family in all aspects of the developmental disabilities service delivery system as follows:

1. The pursuit of evaluations and professional assessments necessary to substantiate the need for services;

2. The collection and analysis of information regarding eligibility and the prioritization of service needs;

3. The provision of information on available services and referral to appropriate service alternatives; and

4. The development of individual habilitation goals and objectives for the client through the ISPP.

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-601 repealed, new Section R6-6-601 renumbered from R6-6-602 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-602 Individual Service and Program Plan

A. Within 30 days following determination of eligibility, the ISPP team shall conduct an evaluation to determine the appropriate services for the client and shall develop an ISPP based on the evaluation.

B. The ISPP team shall recommend specific services based upon:

1. The best interests of the client and factors listed in A.R.S. § 36-560(H);

2. The potential for family support; and

3. The extent to which the services:

a. Promote family competence and independence;

b. Preserve the integrity of the family;

c. Maximize the client's independent living;

d. Involve the family in problem-solving and decision-making;

e. Meet the needs and desires of the family;

f. Prevent the deterioration of the family structure and functioning and improve the quality of life for the client and family;

g. Can be provided in the least obtrusive manner;

h. Provide uninterrupted and orderly transition from one stage of development to another based upon client and family ages;

i. Alleviate abuse or neglect or eliminate conditions that hinder the client's development;

j. Prevent the client from being a danger to himself or to others; and

k. Support a client or family who is experiencing a temporary but remedial crisis including hospitalization, loss of a job, incapacitating illness, or death.

4. In the case of a DD/ALTCS client, the ISPP team shall ensure that the client obtain medically necessary and other necessary medically related remedial and social services.

C. The ISPP shall contain an assessment addressing each consideration listed in R6-6-603(B) and:

1. The service needs of the client, both direct and indirect, irrespective of the Division's resource availability;

2. Individual habilitation goals and objectives, both long- term and short-term;

3. Methods or strategies by which objectives shall be implemented;

4. The financial contributions, if any, which the Department shall require the responsible person to make on behalf of the client pursuant to A.R.S. § 36-562 et seq. and R6-6-1201 et seq.; and

5. Any special considerations.

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-602 renumbered to R6-6-601, new Section R6-6-602 renumbered from R6-6-603 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-603 Assignment to Services

A. The case manager shall assign a DD/ALTCS client to appropriate services within 30 days of the Division's receipt of notification from AHCCCS of the client's eligibility under ALTCS.

B. In the case of a DD/non-ALTCS client, the case manager shall, within 30 days of the completion of the ISPP:

1. Assign the client to one or more appropriate services; or

2. Provide written notice of non-assignment, and reason for non-assignment, subject to the right of the responsible person and any joint applicant to request administrative review pursuant to A.R.S. § 36-563 and R6-6-1801 et seq.

C. If an assignment for a DD/non-ALTCS client cannot be made at the time of review:

1. And the reason for non-assignment is lack of space or lack of legislatively appropriated or other funding, the case manager shall place the client's name on a waiting list.

2. The case manager may refer the client to programs, services or other resources available in the community.

3. Unless waived by the responsible person, the case manager shall review the waiting list and referrals at least every six months with the responsible person to determine continuing need for services.

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-603 renumbered to R6-6-602, new Section R6-6-603 renumbered from R6-6-604 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-604 Periodic Evaluations

A. Pursuant to A.R.S. § 36-565, the case manager and members of the ISPP team as appropriate shall conduct periodic reviews in six-month intervals, or more frequently as identified in the client's ISPP, and shall either:

Determine that no change in services is needed;

2. Determine that services should be terminated;

3. Determine that the client should be transferred to another service; or

4. Determine that other substantial changes in service are required.

B. The findings of the periodic evaluations shall be incorporated into the ISPP.

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-604 renumbered to R6-6-603, new Section R6-6-604 renumbered from R6-6-605 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-605 Transfer to Another Service or Changes in Service

A. In addition to a transfer or change which results from a periodic review, a responsible person may request in writing to the Division a transfer or change at any time.

B. The request shall be considered by the ISPP team. The recommendation and review shall be made in the same manner established for recommended periodic reviews of the ISPP.

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-605 renumbered to R6-6-604, new Section R6-6-605 renumbered from R6-6-606 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-606 Consent of the Responsible Person

A. Pursuant to A.R.S. § 36-560(D), no admission or assignment of any client to a program, service, or facility may be made by the Division without the written consent of the responsible person.

B. The signature of the responsible person on the appropriate report or ISPP shall serve as the consent to treatment or services required by A.R.S. § 36-560.

C. In the event consent for any or all services is withheld, those services shall be terminated.

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-606 renumbered to R6-6-605, new Section R6-6-606 renumbered from R6-6-607 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-607 Renumbered

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-607 renumbered to R6-6-606 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).

Article 7 EXPIRED

Ariz. Admin. Code § R6-6-701 Expired

History

  • Former Section R6-6-701 repealed effective February 2, 1989. New Section R6-6-701 adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-702 Expired

History

  • Former Section R6-6-702 repealed effective February 2, 1989. New Section R6-6-702 adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-703 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-704 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-705 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-706 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-707 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-708 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-709 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-710 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-711 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-712 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-713 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-714 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-715 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-716 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-717 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-718 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-719 Expired

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).

Article 8 PROGRAMMATIC STANDARDS AND CONTRACT MONITORING FOR COMMUNITY RESIDENTIAL SETTINGS

Ariz. Admin. Code § R6-6-801 Applicability

This Article applies to services provided in community residential settings except those licensed as child developmental foster homes according to Article 10 of this Chapter and those licensed as adult developmental homes according to Article 11 of this Chapter.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-802 Compliance

A. The licensee shall ensure that the community residential setting is operated in compliance with this Chapter.

B. The licensee shall cooperate with the Division in assessing compliance with this Chapter.

C. If the Division identifies areas of noncompliance with this Chapter in the operation of a community residential setting, the licensee shall take action to achieve or restore compliance with these rules.

D. If the Division identifies areas of noncompliance with A.R.S. Title 36, Chapter 5 in the operation of a community residential setting, the Division may enforce corrective action through licensing, programmatic, or contractual remedies.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-803 General Responsibilities of the Licensee

A. The licensee shall immediately report at least the following types of incidents via telephone or telefax to the Division:

1. The death of a client;

2. Alleged neglect or abuse of a resident;

3. A missing client. The licensee shall report such incident to law enforcement officials and the Division as soon as it determines that a client is missing;

4. An incident related to a resident that involves law enforcement personnel, emergency services, or the media;

5. Suicide attempts by a client;

6. Hospitalization, the intervention of a medical practitioner, or emergency medical care in response to a serious illness, injury, medication errors, or suicidal behavior of a client; and

7. Community complaints about a resident or the setting.

B. The licensee shall cooperate in obtaining and providing any information the Department or a law enforcement agency deems necessary to investigate an incident.

C. The licensee shall maintain staff-to-client ratios which at least conform to the contract.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-804 Rights of Clients

In addition to the rights required in R6-6-102, the licensee shall uphold and safeguard the rights of residents consistent with applicable federal and state laws, including A.R.S. § 36-551.01, unless legally restricted or addressed in the ISPP in accordance with R6-6-901 et seq. In addition to those rights specifically stated in statute, rights shall include, at a minimum:

1. The right to be free from personal and financial exploitation;

2. The right to a safe, clean, and humane physical environment;

3. The right to own and have free access to personal property;

4. The right to associate with persons of the client's own choosing;

5. The right to participate in social, religious, educational, cultural, and community activities;

6. The right to manage personal financial affairs and to be taught to do so;

7. The right to the least amount of physical assistance necessary to accomplish a task;

8. The right to privacy including during treatment and care of personal needs and with regard to written correspondence, telephone communication, and visitations;

9. The right to have care for personal needs provided, except in cases of emergency, by a direct care staff of the gender chosen by the responsible person. This choice shall be specified in the ISPP;

10. The right to be treated with dignity and respect; and

The right to be provided choices and to express preferences which will be respected and accepted.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-805 Program Plans

A. Except in cases of emergency, the licensee shall notify the Division and obtain ISPP team approval prior to a client's move from one community residential setting to another setting and prior to relocation of a community residential setting. If the move requires contract modification, the administrator shall also obtain Division approval prior to the move.

B. In cases of emergency, the licensee shall coordinate with the Division regarding the notification of the responsible person when a client moves from one community residential setting to another.

C. The ISPP team shall convene to develop or revise the ISPP within 30 days following either a client's admission to a community residential setting or a change in community residential licensee.

D. The ISPP team shall meet at least annually to develop or amend the complete ISPP for a client, using forms prescribed by the Division.

E. The ISPP team for any client residing in a community residential setting shall include a representative of the community residential setting. The representative shall have direct knowledge of the client.

F. The licensee shall develop a teaching plan or strategy for each objective assigned to the community residential setting by the ISPP team.

1. The teaching plan shall be consistent with any guidelines provided by the ISPP team.

2. The teaching plan shall include:

a. How, when, and by whom objectives will be implemented;

b. The method to be used to record data relative to progress; and

c. The procedure that will be followed should the objective be completed or should progress not be made as planned.

3. The licensee shall provide the teaching plan to the case manager.

G. The licensee shall provide, for the annual ISPP team meeting, complete and accurate information on periodic evaluations and medical care received since the last ISPP.

H. The ISPP for any client residing in a community residential setting shall specify the duration and conditions for the time that the client may spend without supervision provided by the licensee.

I. The licensee shall carry out the objectives, agreements, and assignments specified in the ISPP.

J. The licensee shall provide monthly reports to the case manager summarizing the client's progress toward residential habilitation objectives and the status of agreements and assignments specified in the ISPP.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-806 Health

A. At least annually and on forms prescribed by the Division, the licensee shall obtain written informed consent of the guardian, if applicable, for the provision of emergency medical care, routine medical care, and special procedures.

B. Within 30 calendar days of a client's initial admission to a community residential setting, the licensee shall obtain documentation of the following:

1. A physical examination by a medical practitioner;

2. A tuberculosis screening and results;

3. A hepatitis B screening and results;

4. Type of developmental disability;

Medication history;

6. Immunization history;

7. History of significant injuries, illnesses, surgeries, and hospitalizations;

8. History of allergies;

9. Dental history;

10. Seizure history;

11. Developmental history; and

12. Family medical history.

C. The licensee shall maintain records in the place of residence sufficient to document the current health status of the resident. These records shall include, at a minimum:

1. The name, address, and telephone numbers of the health care provider for each resident;

2. The name and telephone numbers of the health plan and insurance carrier for each resident and the process for authorization of health care for each resident;

3. Guardianship status for each resident;

4. The name and telephone number of the responsible party and the person to be contacted in case of emergency for each resident;

Reports of accidents, illness, current treatments, and follow-up for at least one year for each resident;

6. A description of the client's individualized health care and safety needs, including, at a minimum:

a. Allergies;

b. Nutritional needs, whether a regular or special diet;

c. Special fluid intake needs;

d. Seizure activity and recommended response;

e. Adaptive equipment, protective devices, and facility adaptations;

f. Required medical monitoring;

g. References to the behavior treatment plan or the ISPP if there are health care-related issues contained therein;

h. Special instructions for carrying, lifting, positioning, bathing, feeding, or other aspects of personal health care; and

i. Other individualized health care routines.

7. The client's medical history, which includes updated information on all components identified in subsection (B);

8. Current medication log for each client;

9. Current health care consents for each client, including:

a. Consent for the use of sedation, mechanical restraint, or protective devices in the course of planned medical or dental procedures or for follow-up;

b. Consent for the ongoing or recurring use of a protective device in response to a medical condition; and

c. Consent for emergency medical care, routine medical care, and special procedures, if applicable;

10. A copy of "do not resuscitate" orders, for each client, signed by the responsible person, if such an order has been effected.

D. The licensee shall maintain medical records in their entirety.

E. The licensee shall maintain documentation of medical consultations which include, at a minimum:

1. The date of the medical consultation;

2. The name and title of the medical professional consulted;

3. The purpose of the consultation;

4. A description of the service or treatment provided; and

5. Instructions for follow-up, if applicable.

F. For medications administered by or under the supervision of the direct care staff, the licensee shall ensure that any prescription or nonprescription medications are administered:

1. To a client only with the written or verbal orders of a medical practitioner; and

2. Only to the person for whom it is prescribed or indicated.

G. The licensee shall maintain a log of all prescribed and nonprescribed medications administered to a client by or under the supervision of direct care staff. The medication log shall contain, at a minimum:

1. The name of the client who received the medication;

2. The name of the medication;

3. The medication dosage;

4. The date and time of administration;

5. The route of administration;

6. Special instructions for administration of the medication; and

7. Signature and initials of the direct care staff who administered or supervised the administration of the medication.

H. The licensee shall maintain, in a location which is readily accessible to direct care staff who are responsible for medication administration, resource information regarding all medications prescribed for clients living in the setting. The resource information shall include, at a minimum:

1. Name of the medication;

2. Common side effects and adverse reactions;

3. Indications for use;

4. Medication interactions; and

5. Recommended monitoring.

I. The licensee shall store medications in the following manner:

1. Under sanitary conditions;

2. Consistent with label instructions;

3. In containers with legible and accurate labels which specify the name of the client for whom the medication is prescribed and the current dosage; and

4. In locked storage, unless otherwise specified in the client's ISPP.

J. The licensee shall remove or dispose of medications which are expired or for which the prescription has been discontinued.

K. When a medication error or reaction is detected, the licensee shall ensure that staff:

1. Immediately consult medical personnel,

2. Notify appropriate persons, and

3. Document the error or reaction and the action taken in response.

L. The licensee shall monitor on an ongoing basis the condition for which any medications have been prescribed and the response to the medications, in accordance with any recommendations of the medical practitioner. The licensee shall report the client's response to the medical practitioner based on the monitoring. The licensee shall document any medication change made by the medical practitioner and share results with agency staff.

M. When a medication is prescribed for the purpose of behavior modification, the licensee shall:

1. Document the behavior for which the medication is prescribed;

Monitor the client's response to the medication on an ongoing basis consistent with the client's needs and the recommendations of the ISPP team;

3. Document the client's response to the medication, including the frequency and intensity of target behaviors and the occurrence of side effects;

Report to the client's physician regarding the client's response to the medication; and

5. Document the results of any change made by the physician and share that information with direct care staff.

N. Except for treatment of medical emergencies, the licensee shall obtain written informed consent from the responsible person and authorization by a medical practitioner for the use of sedation, mechanical restraint, or protective devices in the course of planned medical or dental procedures or in the course of follow-up to such procedures. The licensee shall not use physical restraints, including mechanical restraints as a negative consequence to a behavior, for the convenience of the licensee, or in lieu of a behavior management plan.

O. The licensee shall ensure that the following conditions are met prior to ongoing or recurring use of a protective device in response to a medical condition:

1. Authorization for use of the protective device is obtained from a medical practitioner;

2. Written informed consent is obtained from the responsible person; and

3. The plan for use of the protective device is reviewed by the ISPP team and reassessed at least annually.

P. The licensee shall ensure that individualized health care instructions for the client are followed.

Q. The licensee shall plan for and prepare nutritional meals in accordance with the client's needs and consistent with the client's preferences. If the client is responsible for planning and preparing meals, the licensee shall assist, monitor, and educate the person regarding preparation of nutritionally adequate meals.

R. The licensee shall keep insecticides, poisonous materials, corrosives, and other hazardous substances in locked storage, unless otherwise specified in the client's ISPP, and in areas away from food and areas where medications are stored or administered.

S. The licensee shall ensure that bodies of water are fenced. Unsupervised access to bodies of water by the client is prohibited unless specifically allowed by the client's ISPP. The ISPP cannot supersede any local ordinance or state law pertaining to the safety of bodies of water or swimming pools.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-807 Records

A. In addition to health care records as required by R6-6-806, the licensee shall maintain the following programmatic records in the client's place of residence:

1. A copy of the client's most current annual ISPP which is placed into the records within 15 calendar days of receipt by the licensee;

2. The teaching plan or strategy for each objective specified in the client's ISPP;

3. A copy of monthly progress reports for the client, as submitted to the case manager;

4. Documentation of incidents involving the client;

5. Behavior treatment plan, if applicable;

6. All required consents, including, as applicable, consent for use of behavior-modifying medications and consent for release of personally identifiable information, unless these consents are maintained in the main provider record; and

7. Reference to the location of other pertinent records.

B. The licensee shall ensure that documents and entries made by agency personnel identify the person making the entry and that all are:

1. Legible;

2. Typed or written in ink;

3. Dated; and

4. Properly corrected, as necessary.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-808 Staff Qualifications, Training, and Responsibilities

A. The licensee shall maintain documentation of the following for each direct care staff:

1. Age 18 years or older;

2. References from persons other than family members;

3. Knowledge, skills, and experience sufficient to carry out the requirements of the position;

4. Fingerprinting, fingerprint clearance, and a statement by the direct care staff regarding criminal record; and

5. Current licenses, certifications, or registrations required for the position or required by Arizona statute.

B. The licensee shall maintain documentation of the fingerprinting, fingerprint clearance for a license renewal, and employee's statement regarding criminal record for each person required to be fingerprinted according to this Article.

C. The licensee shall maintain documentation of successful completion of required training by each direct care staff.

D. The licensee shall have and implement a written training curriculum which lists required training topics and which includes for each topic, at a minimum:

1. Course outline,

2. Timeliness for completion, and

3. Criteria for successful completion.

E. When a community residential service is delivered, and unless a client is utilizing ISPP-authorized unsupervised time, a direct care staff shall be present who has completed the following required training, at a minimum:

1. Orientation to the specific needs of clients living in the community residential setting, including their ISPPs and individualized health and safety needs;

2. Cardiopulmonary resuscitation (CPR), provided by a certified instructor;

3. First aid, provided by a certified instructor;

4. Agency health and safety policies and procedures as required by this Article including, at a minimum:

a. Client behaviors;

b. Incidents;

c. Neglect and abuse;

d. Medications;

e. Detection of signs of injury, illness, infectious diseases, and changes in health status;

f. Response to non-emergency conditions requiring prompt medical attention; and

g. Procedures to be followed in medical emergencies and in rendering emergency medical care.

5. Safety procedures, including the agency plan for meeting potential emergencies and disasters, as required by R6-6-713;

6. Provisions of R6-6-902 related to prohibited practices;

7. Client intervention techniques, if relevant to the needs of clients in the community residential setting, provided by a certified instructor;

8. Medication administration, if relevant to the needs of clients in the community residential setting; and

9. Seizures, if relevant to the needs of clients in the community residential setting.

F. Within 14 calendar days of the date the person begins employment at a community residential setting, each direct care staff shall complete an orientation to specific needs of clients living in the community residential setting, including their ISPPs and individualized health and safety needs.

G. Within 90 calendar days of the date that the person begins employment at the community residential setting, each direct care staff shall complete the following required training:

1. Techniques for meeting the individualized health and safety needs of clients living in the community residential setting;

2. Health and safety, including:

a. Cardiopulmonary resuscitation (CPR), provided by a certified instructor;

b. First aid, provided by a certified instructor;

c. Safety procedures, including the agency plan for meeting potential emergencies and disasters, as required by R6-6-713;

d. Medication administration; and

e. Seizures.

3. Mission and values of the Division and the community residential setting;

Agency policies and procedures;

Interactions with clients, including:

a. Respect, dignity, and positive interactions with clients;

b. Skill-building techniques;

c. Prevention of behavioral incidents; and

d. Article 9.

6. ISPP process;

7. Communication with families;

8. Client rights; and

9. Confidentiality.

H. Each direct care staff shall also have training relevant to the staff's assigned responsibilities and as necessary to carry out objectives, agreements, and assignments as specified in the ISPP and to meet the client's individualized health care and safety needs.

I. Each direct dare staff shall review, at least annually, agency policies and procedures required by this Article and the plan for meeting potential emergencies and disasters, as required by R6-6-713.

J. After the initial 90-day training, each direct care staff member shall have current training in the following:

1. Cardiopulmonary resuscitation (CPR), provided by a certified instructor;

2. First aid, provided by a certified instructor; and

3. Client intervention techniques, provided by a certified instructor, if relevant to the needs of clients in the community residential setting.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-809 Policies and Procedures

A. The licensee shall develop and implement policies and procedures which address incidents which occur in the operation of the setting. These policies and procedures shall include, at a minimum:

Definitions of events and circumstances which constitute incidents;

2. Procedures for verbally reporting and documenting incidents, consistent with the Division's incident reporting procedures; and

3. Procedures for the review of incidents by the licensee and procedures for the development of corrective action to occur in response to incidents.

B. The licensee shall develop and implement policies and procedures on behavior management which are consistent with the requirements of Article 9. These policies and procedures shall include, at a minimum:

1. Descriptions of positive approaches to behavior management;

2. Procedures for the documentation of maladaptive behaviors not included in the definition of incidents, if applicable;

3. Procedures for the development of behavior treatment plans; and

4. Procedures for the licensee to monitor the effectiveness of behavior treatment plans.

C. The licensee shall develop and implement written policies and procedures for residents for:

1. The following health-related issues:

a. Detection of signs of injury, illness, and changes in health status;

b. Detection of infectious diseases and notification to the Division and other appropriate persons;

c. Response to non-emergency conditions requiring prompt medical attention; and

d. Procedures to be followed in medical emergencies and in rendering emergency medical care.

2. Medications, including nonprescription medications, used by residents which shall include, at a minimum:

a. The training to administer medications;

b. The specific, step-by-step procedures staff are to use in the administration of medications. These procedures shall include:

i. Prevention of contamination;

ii. Instructions for handling various types of medication, including oral, topical, or rectal;

iii. Instructions for verifying that the right medication is given to the right person, at the right time, in the proper dosage, and via the proper route; and

iv. Instructions for documenting the administration of medication on a log or chart.

c. Procedures for recording and reporting medication errors and reactions for residents;

d. Procedures for the agency review and corrective action to occur in response to medication errors;

e. Procedures for having prescriptions filled and maintenance of an adequate supply of medications;

f. Procedures for the safe disposal of expired or discontinued medications;

g. Procedures for the storage and inventory of medications;

h. Provision for self-administration of medications by a client, with the written approval of the ISPP team, if applicable, including criteria for self-administration and requirements for documentation of administration; and

i. Procedures for authenticating, within 72 hours, a medical practitioner's verbal orders for medication.

D. The licensee shall develop and implement policies and procedures which address alleged neglect and abuse of residents. These policies and procedures shall include, at a minimum:

1. Definitions and prohibitions in accordance with A.R.S. § 36-569;

2. Detection of neglect and abuse, including cases occurring outside the agency;

3. Immediate intervention to prevent further neglect and abuse;

4. Reporting in accordance with A.R.S. §§ 13-3620 and 46-454 and R6-6-1601 et seq.;

5. Investigation of alleged neglect and abuse; and

6. Community residential setting review and corrective action to occur in response.

E. The licensee shall develop and implement policies and procedures which address smoking in the community residential setting and which take into account the rights of all residents living in the setting.

F. The licensee shall develop policies and procedures which address the storage and use of alcoholic beverages in the community residential setting and which take into account the rights of all residents living in the setting.

G. The licensee shall develop and implement policies and procedures regarding the internal communication among agency personnel of events affecting clients living in the community residential setting.

H. The licensee shall develop and implement policies and procedures regarding the communication to responsible persons of significant events affecting clients living in the community residential setting.

I. The licensee shall develop and implement policies and procedures which address safeguarding, accounting for, and replacing client property and funds.

J. The licensee shall develop and implement policies and procedures which ensure adequate staffing, consistent with rules related to staff training as specified in R6-6-808 and staff-to-client ratios as specified in R6-6-803 . The policies and procedures shall address, at a minimum, planned and unexpected absenteeism, emergencies, and community activities.

K. The licensee shall submit all new or modified policies and procedures required by this Article to the Division for approval.

L. The licensee shall incorporate into policies and procedures any revisions required by the Division.

M. The licensee shall develop and implement policies and procedures which address the role of the community residential setting in the ISPP process, consistent with the requirements of this Article.

N. The licensee shall develop and implement policies and procedures for the maintenance and use of all personally identifiable client information. These policies and procedures shall be consistent with A.R.S. § 36-568.01 and shall address storage, disclosure, retention, and destruction of this information and actions to be taken in the event of violations of these policies and procedures by agency personnel.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-810 Consent for Release of Personally Identifiable Information

A. When consent for the release of personally identifiable information is required pursuant to A.R.S. § 36-568.01 for a client residing in a community residential setting, the licensee shall obtain consent from the responsible person. The consent shall:

1. Be signed and dated,

2. Specify the purposes for the release.

B. Notwithstanding the provisions of R6-6-105(B) and (C), the consent for a person residing in a community residential setting is valid for a period of one year from date of signature or up to the date specified in the consent, whichever is less.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-811 Exemption

A licensee may submit to the Division a written request for an exemption of a rule contained in this Article. The request shall demonstrate that the intent of the rule will be met by alternate means and that the exemption will not endanger the lives or health of clients or staff.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).

Article 9 MANAGING INAPPROPRIATE BEHAVIORS

Ariz. Admin. Code § R6-6-901 Applicability

These rules apply to:

1. All programs operated, licensed, certified, supervised or financially supported by the Division.

2. All habilitation programs as defined in A.R.S. § 36-551(18), as well as all interventions included in this Article, shall be addressed in the client's ISPP.

History

  • Adopted effective February 21, 1990 (Supp. 90-1). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-901 repealed, new Section R6-6-901 renumbered from R6-6-902 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Amended effective August 30, 1994, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-902 Prohibitions

A. The following behavioral intervention techniques are prohibited:

1. The use of seclusion (locked time-out rooms).

2. The use of overcorrection.

3. The application of noxious stimuli.

4. Physical restraints, including mechanical restraints, when used as a negative consequence to a behavior.

B. The use of behavior modifying medications is prohibited, except as specified in R6-6-909, if:

1. They are administered on an "as needed" or "PRN" basis; or

2. They are in dosages which interfere with the client's daily living activities; or

3. They are used in the absence of a behavior treatment plan.

C. No person shall implement a behavior treatment plan which:

1. Is not included as a part of the ISPP; and

2. Falls under R6-6-903(A), without approval of the PRC.

History

  • Adopted effective February 21, 1990 (Supp. 90-1). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-902 renumbered to R6-6-901, new Section R6-6-902 renumbered from R6-6-903 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-903 Program Review Committee (PRC)

A. The ISPP team shall submit to the PRC and Human Rights Committee any behavior treatment plan which includes:

1. Techniques that require the use of force.

2. Programs involving the use of response cost.

3. Programs which might infringe upon the rights of the client pursuant to applicable federal and state laws, including A.R.S. § 36-551.01.

4. The use of behavior-modifying medications.

5. Protective devices used to prevent a client from sustaining injury as a result of the client's self-injurious behavior.

B. The PRC shall be responsible for approving or disapproving plans specified in subsection (A) above and any other matters referred by an ISPP team member.

C. The PRC shall review and respond in writing within ten working days of receipt of a behavior treatment plan from the ISPP team, either approving or disapproving the plan. The response shall be signed and dated by each member present and shall be transmitted to the ISPP team with a copy to the chairperson of the Human Rights Committee for review and recommendations at its next regularly scheduled meeting pursuant to R6-6-1701 et seq. The response shall include:

1. A statement of agreement that the interventions approved are the least intrusive and present the least restrictive alternative.

2. Any special considerations or concerns including any specific monitoring instructions.

3. Any recommendations for change, including an explanation of the recommendations.

D. Each PRC shall issue written reports, as prescribed by the Division, summarizing its activities, findings and recommendations while maintaining client confidentiality.

1. On a monthly basis, report to a designated Division representative, with a copy to the chairperson of the Human Rights Committee.

2. On an annual basis, by December 31 of each calendar year, report to the Assistant Director of the Division of Developmental Disabilities, with a copy to the Developmental Disabilities Advisory Council.

E. The PRC shall be composed of, but not be limited to, the following persons designated by the District Program Manager:

1. The District Program Manager or his designee, who shall act as a chairperson.

2. A person directly providing habilitation services to clients.

3. A person qualified, as determined by the Division, in the use of behavior management techniques, such as a psychologist or psychiatrist.

4. A parent of an individual with a developmental disability but not the parent of the individual whose program is being reviewed.

5. A person with no ownership in a facility and who is not involved with providing services to individuals with developmental disabilities.

6. An individual with a developmental disability when appropriate.

F. A PRC shall be separate from but a complement to the ISPP team, and the Human Rights Committee established pursuant to R6-6-1701 et seq.

History

  • Adopted effective February 21, 1990 (Supp. 90-1). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-903 renumbered to R6-6-902, new Section R6-6-903 renumbered from R6-6-904 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-904 ISPP Team Responsibilities

Upon receipt of the PRC's response and as part of its development of the client's ISPP, the ISPP team shall either:

1. Implement the approved behavior treatment plan; or

2. Accept the PRC recommendation and incorporate the revised behavior treatment plan into the ISPP; or

3. Reject the recommendation in whole or in part and develop a new behavior treatment plan to be resubmitted to the PRC and Human Rights Committee.

History

  • Adopted effective February 21, 1990 (Supp. 90-1). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-904 renumbered to R6-6-903, new Section R6-6-904 renumbered from R6-6-905 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-905 Monitoring Behavior Treatment Plans

Each ISPP team shall specifically designate and record in the ISPP the name of a member of the team, excluding those direct service staff responsible for implementing the approved behavior treatment plan, who shall:

1. Ensure that the behavior treatment plan is implemented as approved.

2. Ensure that all persons implementing the behavior treatment plan have received appropriate training as specified in R6-6-906.

3. Ensure that objective, accurate data are maintained in the client's record.

4. Evaluate, at least monthly, collected data and other relevant information as a measure of the effectiveness of the behavior treatment plan.

5. Conduct on-site observations not less than twice per month and prepare, sign, and place in the client's record a report of all observations.

History

  • Adopted effective February 21, 1990 (Supp. 90-1). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-905 renumbered to R6-6-904, new Section R6-6-905 renumbered from R6-6-906 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-906 Training

A. Any person who is involved in the use of a behavior treatment plan shall be trained by the Division or trained by an instructor approved by the Division prior to such involvement.

B. Initial training shall cover at a minimum:

1. Provisions of law related to:

a. Interventions; particularly this Article and 42 CFR 483.450 October 1, 1992), incorporated herein by reference and on file with the Office of the Secretary of State;

b. Legally mandated rights of individuals with developmental disabilities; particularly A.R.S. §§ 36-551.01, 36-561 and 42 CFR 483.420 (October 1, 1992), incorporated herein by reference and on file with the Office of the Secretary of State;

c. Confidentiality; particularly A.R.S. §§ 41-1959 and 36-586.01 and 42 CFR 483.410(c)(2) (October 1, 1992), incorporated herein by reference and on file with the Office of the Secretary of State.

d. Abuse and neglect prohibitions pursuant to A.R.S. § 36-569.

2. Intervention techniques, treatment and services, particularly addressing the risks and side effects that may adversely affect clients.

3. A general orientation to:

a. Division goals with respect to the provision of services to people with developmental disabilities.

b. Related policies and instructions of the Division.

C. With respect to the use of interventions, training shall include hands-on or practical experience to be conducted by instructors approved by the Division, using a curriculum approved by the Division, and who have experience in the actual use of interventions as opposed to administrative responsibility for such use.

D. In addition to initial training, the Division shall ensure that refresher training is available as necessary to maintain currency in knowledge and recent technical trends related to intervention for the management of inappropriate behavior.

E. Physical management techniques shall only be used by those persons specifically trained in their use.

F. The following records and documents related to training shall be maintained by the Division for five years and be available for public inspection.

1. A summary of the training plan adopted by the Division in compliance with this Section, including schedules, instructors, topics, and expressed parameters of the hands-on or practical experience component of the training.

2. Required special knowledge, skills, training, education or experience of the instructors related to managing inappropriate behaviors.

3. A list of persons satisfactorily completing initial and refresher courses and course dates.

G. The Division shall review the training plan at least every two years for compliance with all applicable provisions of law and Division policy as well as for the protection of clients.

History

  • Adopted effective February 21, 1990 (Supp. 90-1). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-906 renumbered to R6-6-905, new Section R6-6-906 renumbered from R6-6-907 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-907 Sanctions

For programs operated, licensed, certified, supervised or financially supported by the Division, failure to comply with any part of this Article may be grounds for suspension or revocation of a license, for termination of contract, employment, or for any other applicable administrative or judicial remedy.

History

  • Adopted effective February 21, 1990 (Supp. 90-1). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-907 renumbered to R6-6-906, new Section R6-6-907 renumbered from R6-6-908 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-908 Emergency Measures

A. Physical management techniques employed in an emergency to manage a sudden, intense, or out-of-control behavior shall:

Use the least amount of intervention necessary to safely physically manage an individual.

2. Be used only when less restrictive methods were unsuccessful or are inappropriate.

3. Be used only when necessary to prevent the individual from harming self or others or causing severe damage to property.

4. Be used concurrently with the uncontrolled behavior.

Be continued for the least amount of time necessary to bring the individual's behavior under control.

6. Be appropriate to the situation to ensure safety.

B. When an emergency measure, including the use of behavior modifying medications pursuant to R6-6-909(D), is employed to manage a sudden, intense, out-of-control behavior, the person employing that measure shall:

1. Immediately report the circumstances of the emergency measure to the person designated by the Division and to the responsible person.

2. Provide, within one working day, a complete written report of the circumstances of the emergency measure to the responsible person, the case manager, the chairperson of the Program Review Committee, and the Human Rights Committee.

3. Request that the case managers reconvene the ISPP team to determine the need for a new or revised behavior treatment plan when any emergency measure is used two or more times in a 30-day period or with any identifiable pattern.

C. Upon receipt of a written report as specified in subsection (B)(2) above, the PRC shall:

1. Review, evaluate and track reports of emergency measures taken; and

Report, to a person designated by the Division, instances of possible excessive or inappropriate use of emergency measures on a case-by-case basis for corrective action.

History

  • Adopted effective February 21, 1990 (Supp. 90-1). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-908 renumbered to R6-6-907, new Section R6-6-908 renumbered from R6-6-909 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-909 Behavior-modifying Medications

A. The Division shall make available the services of a consulting psychiatrist who shall review cases and provide recommendations to prescribing physicians to ensure that the medication prescribed is the most appropriate in type and dosage to meet the client's needs.

B. Behavior-modifying medications shall be prescribed and administered only:

1. When, in the opinion of a licensed physician, they will be effective in producing an increase in appropriate behaviors; and it can be justified that the harmful effects of the behavior clearly outweigh the potential negative effects of the behavior modifying medication.

As part of a behavior treatment plan in the ISPP.

3. With the informed consent of the responsible person.

C. The Division shall provide the following monitoring, in addition to that specified in R6-6-905, for all behavior treatment plans that include the use of a behavior-modifying medication:

1. Ensure that collected data relative to the client's response to the medication is evaluated, at least quarterly, at a medication review by the physician and the member of the ISPP team designated pursuant to R6-6-905 and other members of the ISPP team as needed.

2. Ensure that each client receiving a behavior-modifying medication is screened for side effects, and Tardive Dyskinesia as needed, and that the results of such screening are:

a. Documented in the client's case record;

b. Provided immediately to the physician, responsible person, and ISPP team for appropriate action if the screening results are positive; and

c. Provided to the Program Review Committee and the Human Rights Committee within 15 working days for review of screening results that are positive.

D. In the event of an emergency, a physician's order for a behavior modifying medication may, if appropriate, be requested for a specific one-time emergency use. The person administering the medication shall immediately report it pursuant to R6-6-908(B).

E. The responsible person shall immediately be notified of any changes in medication type or dosage.

History

  • Adopted effective February 21, 1990 (Supp. 90-1). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-909 renumbered to R6-6-908, new Section R6-6-909 renumbered from R6-6-910 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-910 Renumbered

History

  • Adopted effective February 21, 1990 (Supp. 90-1). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-910 renumbered to R6-6-909 effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).

Article 10 CHILD DEVELOPMENTAL FOSTER HOME LICENSE

Ariz. Admin. Code § R6-6-1001 Application for License

A. Married or single persons desiring to be licensed as a child developmental foster home shall apply for a license to the Division on the prescribed forms.

B. The license applicant and any adult member of the household shall be fingerprinted for a criminal history record check. Any adult living on the premises and not residing in the home may be required to be fingerprinted for a criminal history record check.

C. The license applicant, any adult member of the household, and any adult living on the premises shall authorize the Division to perform a background check through Adult Protective Services and Child Protective Services referral files.

D. The license applicant shall participate in interviews with the Division and the home-study process as required by the Division. The home-study process shall include:

1. An interview of all members of the license applicant's household,

2. An interview of other knowledgeable parties as the Division determines appropriate, and

3. An inspection of the physical premises by the Arizona Department of Health Services and the Division for compliance with this Article.

E. To be eligible for licensure as a Child Developmental Foster Home, the license applicant shall:

1. Be at least 21 years of age,

2. Have income or resources independent of the Division room-and-board payments to meet the needs of the license applicant's family unit,

3. Not have employment that conflicts with the care and supervision of the foster child,

4. Be of reputable and honest character; and

5. Submit documentation that each child living in the home has received the immunizations appropriate to the child's age and state of health unless the license applicant has submitted a signed statement that the children have not been immunized because of affiliation with a religion which is opposed to such immunizations or because the license applicant is opposed to such immunizations.

F. The license applicant and members of the household shall cooperate with the Division in obtaining information necessary to determine if the home meets the requirements of this Article. Such cooperation shall include, but is not limited to:

1. Providing releases of information;

2. Authorizing release of medical records; and

Submitting to psychological, psychiatric, drug testing, or other evaluations as required by the Division.

G. The license applicant shall provide the Division with a minimum of three references who are familiar with the applicant's family and are not related to the license applicant by blood or by marriage. The Division may contact the references for further information regarding the character of the license applicant and ability of the license applicant to care for children with developmental disabilities.

H. The Division may require the license applicant to submit references from current or previous employers.

I. All members of the license applicant's household shall agree with the decision to be licensed as a child developmental foster home.

J. The license applicant shall demonstrate an understanding of and the ability to meet the emotional, physical, social, developmental, educational, and intellectual needs of children.

K. The license applicant shall demonstrate the ability to nurture, to provide intellectual stimulation, to be sensitive to the needs of the foster children, and to protect children placed in the applicant's home from harm.

L. The license applicant shall not have any medical or emotional problems that may prevent the person from properly caring for foster children or that may negatively impact on foster children in the home.

1. Following approval of the home study by the Division, the license applicant shall submit, on forms prescribed by the Division, written statements from a licensed medical practitioner for each adult living in the home. The statement shall include the following:

a. Confirmation that the physician has examined the adult in the last six months,

b. A description of the person's general physical and emotional health,

c. A list of all regularly prescribed medications and the purpose of the medication, and

d. Identification of any medical or emotional problems that may prevent the person from caring for foster children or may impact on foster children in the home.

2. The Division may require the license applicant to submit physician statements as described in this Section for other adults living on the premises.

M. The license applicant shall attend prelicensure training as required by R6-6-1005.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1002 Issuing an Initial License

A. The license applicant shall comply with the requirements of this Article.

B. Except as provided in R6-6-1004(C), a regular license is effective for one year from the date of issuance.

C. Based upon records, reports, and observations, if the Division determines that the license applicant may be unable to meet the physical or emotional needs of clients, the Division may require further psychological or physical evaluations, at no expense to the license applicant, to determine whether a license may be issued.

D. A regular license for a child developmental foster home is not transferable and is valid only for the licensee and the address stated on the license.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1003 Issuing a Renewal License

A. A regular license is renewable annually for a one-year period.

B. The Division shall renew a child developmental foster home regular license when:

1. The licensee has met the annual training requirements of R6-6-1005;

2. The home meets the requirements of R6-6-1001, except as noted in this subsection:

a. The licensee shall submit a written statement every three years from the date of initial licensure from a licensed medical practitioner indicating that no adult living in the home or on the premises has any medical, emotional, or psychological problems that would adversely impact on the health and welfare of a child with developmental disabilities.

b. References are not required for license renewal.

c. The child developmental foster home shall receive a health inspection from the Arizona Department of Health Services every three years prior to license renewal, unless otherwise indicated by this Article.

3. Any person fingerprinted pursuant to R6-6-1001(B) and who is still residing in the home shall have a criminal record check every three years.

C. Based upon records, reports, and observations, if the Division determines that the license applicant for license renewal may be unable to meet the physical or emotional needs of clients, the Division shall have the authority to require further mental or physical evaluations, at no expense to the license applicant, to determine whether to renew a license.

D. A license to provide child developmental foster home services is not transferable and is valid only for the licensee and the address stated on the license.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1004 Issuing a Provisional License

A. The Division may issue a provisional license for up to six months when:

1. The license applicant is temporarily unable to meet the requirements of this Article, and

2. The Division is satisfied that the listed deficiencies can be corrected within six months or less by the license applicant.

B. The Division shall not issue a provisional license pursuant to A.R.S. § 36-592 when conditions exist which could endanger the health or safety of the children.

C. When the licensee has met the requirements of the provisional license and a regular license is issued, the regular license is valid for one year from the date the Division issued the provisional license.

D. A provisional license for a child developmental foster home is not transferable and is valid only for the licensee and the address stated on the license.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1004.01 Time-frame for Granting or Denying a License

For the purpose of A.R.S. § 41-1073, the Division establishes the following licensing time-frames:

1. Administrative completeness review time-frame:

a. For an initial license, 90 days;

b. For a renewal license, 30 days; and

c. For an amended license, 30 days.

Substantive review time-frame:

a. For an initial license, 30 days;

b. For a renewal license, 31 days; and

c. For an amended license, 10 days.

3. Overall time-frame:

a. For an initial license, 120 days;

b. For a renewal license, 61 days; and

c. For an amended license, 40 days.

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1004.02 Administrative Completeness and Substantive Review Process

A. The Division shall send the license applicant a written notice within the administrative completeness review time-frame indicating that the application package is either complete or incomplete.

B. If the application package is incomplete, the Division shall list the missing information in the notice and ask the license applicant to supply the missing information within 60 days from the date of notice. If the license applicant fails to do so, the Division may close the file.

C. A license applicant whose file has been closed and who later wishes to become licensed may reapply to the Division. The administrative completeness time-frame starts over when the Division receives the written request to reapply.

D. When the application is complete, the Division shall complete a substantive review of the license applicant's qualifications. The Division shall:

1. Review the application form and all required documents to ensure compliance with this Article;

2. Complete a home study as prescribed in R6-6-1001(D); and

3. Gather additional information needed to determine the license applicant's fitness to serve as a foster parent and ability to comply with foster care requirements, which may include:

a. Interviewing the license applicant;

b. Contacting references;

c. Verifying information provided in the application;

d. Visiting the license applicant's home; and

e. Requesting additional information, assessments, or tests as prescribed in R6-6-1001(F) and R6-6-1003(C).

E. If a license is denied, the Division shall send a notice to the license applicant as prescribed in R6-6-1018(F) and A.R.S. § 41-1076.

F. An applicant shall submit a license application package to DES/DDD, P.O. Box 6123, Site Code 791A, Phoenix, Arizona 85005-6123, Attention: Developmental Home Licensing Unit.

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1004.03 Contents of a Complete Application Package - Initial License

An initial application package is complete when the Division has all of the following information:

1. From the license applicant, a completed application form as prescribed in R6-6-1001(A) which contains the following information:

a. Personally identifying information, as follows:

i. Name and gender,

ii. Date and place of birth,

iii. Social security number,

iv. Ethnicity and religious preference,

v. Current and previous address,

vi. Dates resided at previous address,

vii. Length of Arizona residency,

viii. Current marital status and marital history, and

ix. Any other names by which the license applicant has been known.

b. Personally identifying information on the license applicant's household members, as follows:

i. Name,

ii. Gender,

iii Date of birth,

iv. Relationship to license applicant, and

v. Length of time living in the home.

c. Personally identifying information on the license applicant's children who do not live with the license applicant, including emancipated children, as follows:

i. Name;

ii. Current address;

iii. Date of birth; and

iv. Occupation or school, if currently attending.

d. Any current or prior licenses or certificates held by the license applicant to provide care to a child or adult, as follows;

i. Type of license or certificate;

ii. Date of each license and certificate;

iii. State in which each license or certificate was issued;

iv. Any license or certificate which was revoked, denied, voluntarily surrendered, or suspended, and the circumstances; and

v. Name of any other agency with which the license applicant is currently licensed or certified to provide services to children or adults.

e. A description of the license applicant's home, as follows:

i. The name of the school district in which the license applicant's home is located;

ii. Identification and description of any swimming pool, spa, fish pond, or other body of water; and

iii. Number of bedrooms.

f. Information about the license applicant, as follows:

i. Educational background;

ii. Employment history;

iii. Previous experience in providing room and board for any person;

iv. Any contact with Child Protective Services (CPS) or Adult Protective Services (APS) and the circumstances;

v. Any arrests and the circumstances;

vi. Any history of mental illness or treatment for a mental illness or emotional disorder including hospitalization for alcohol, drug, or mental health issues and the circumstances;

vii. If currently or previously employed by the Department of Economic Security or the Division, position, title, name of the supervisor, and name of the program;

viii. The reason for wanting to provide foster care;

ix. Gender, age, characteristics, and special needs of the individual the license applicant would prefer to take into the home;

x. Any experience caring for individuals who have special needs;

xi. Discipline techniques used or believed appropriate for rearing children; and

xii. Anticipated changes in the license applicant's family in the next 12 months.

g. Information about the license applicant's household members, as follows:

i. Any contact with CPS or APS by anyone currently or formerly residing with the license applicant and the circumstances;

ii. Any arrests and the circumstances;

iii. Any history of mental illness or treatment for a mental illness or emotional disorder including hospitalization for alcohol, drug, or mental health issues and the circumstances;

iv. If currently or previously employed by the Department of Economic Security or the Division, position, title, name of supervisor, and name of the program;

v. Any experience caring for individuals with special needs; and

vi. Discipline techniques used or believed appropriate for rearing children.

h. Reference information for the license applicant, as follows:

i. Three references who can attest to the license applicant's character and skill; and

ii. If the license applicant is working or has worked with children or adults with developmental disabilities, one employment reference;

i. List of any individuals who live on the property on which the license applicant's home is located but not in the license applicant's home.

2. From the license applicant, the following documents as listed on the application form:

a. A completed declaration of criminal history for the license applicant and each adult household member on a Division form with the following information:

i. Name,

ii. Social security number,

iii. Date of birth,

iv. Address,

v. A declaration of whether the individual has committed any of the crimes listed in A.R.S. § 36-594(3) and R6-6-1018, and

vi. Dated signature.

b. Documentation showing that the license applicant and each adult household member have been fingerprinted;

c. Documentation showing that the license applicant has a current driver's license, and current vehicle liability insurance as prescribed in R6-6-1012(A);

d. A completed monthly budget on a Division form showing the license applicant's monthly income, and monthly expenses, and the circumstances for any declaration of bankruptcy;

e. A physician's statement for the license applicant and each adult household member as prescribed in R6-6-1001(L);

f. Documentation of current immunizations for each child living in the license applicant's home as prescribed in R6-6-1001(E)(5);

g. Documentation that the license applicant has completed training as prescribed in R6-6-1005(A).

3. From sources other than the applicant, the documents listed on the application form, as follows:

a. Three letters of reference for the license applicant as prescribed in R6-6-1001(G);

b. If the license applicant works with children or adults with developmental disabilities, one employment letter of reference as prescribed in R6-6-1001(H);

c. Documentation that the license applicant and each adult household member have had a criminal history check as prescribed in R6-6-1001(B);

d. Documentation showing that the license applicant's home has passed:

i. A fire inspection as prescribed in R6-6-1011(E), and

ii. A health and safety inspection as prescribed in R6-6-1011(D).

e. Documentation that vehicles used for transporting foster children have passed a Division safety inspection to meet the safety requirements set forth in R6-6-1012(B); and

f. Documentation that the CPS/APS Central Registry has been checked as prescribed in R6-6-1001(C).

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1004.04 Contents of a Complete Application Package - Renewal License

A license renewal application package is complete when the Division has all the following information:

1. From the license applicant, a completed renewal application form as prescribed in R6-6-1001(A) which contains the following information:

a. Personally identifying information, as follows:

i. Name,

ii. Address, and

iii. Phone number.

b. Personally identifying information on the license applicant's household members, as follows:

i. Name,

ii. Gender,

iii. Age,

iv. Relationship to the license applicant, and

v. School or occupation.

c. Personally identifying information on the license applicant's children who do not live with the license applicant, including emancipated children, as follows:

i. Name;

ii. Age;

iii. Address; and

iv. Occupation or school, if currently attending.

d. Information about the license applicant, as follows:

i. Any arrest or investigation for a criminal offense, including charge, and arresting agency; and

ii. Any referral to or treatment for a psychiatric or psychological problem, including substance abuse, in the last year.

e. Information about the license applicant's household members, including:

i. Any arrest or investigation for a criminal offense, including charge, and arresting agency;

ii. Any referral to or treatment for a psychiatric or psychological problem, including substance abuse, in the last year.

f. Any current or prior license or certificate held by the license applicant to provide care to a child or adult, as follows;

i. Type of license or certificate;

ii. Date of each license and certificate;

iii. State in which the license or certificate was issued;

iv. Any license or certificate which was revoked, denied, voluntarily surrendered, or suspended, and the circumstances; and

v. Name of any other agency with which the license applicant is currently licensed or certified to provide services to children or adults.

g. List of any individuals who live on the property on which the license applicant's home is located, but not in the license applicant's home;

h. List of the household members and their relationship to the applicant and each other;

i. Any changes that should be made to the license conditions;

j. Dated signature.

2. From the license applicant, the items listed in R6-6-1004.03(2)(c), (2)(d), (2)(f), and the following:

a. A completed declaration of criminal history for each new adult household member and, at three-year intervals, a completed declaration for all adult household members;

b. Documentation showing that each new adult household member has been fingerprinted and, at three-year intervals, that all adult household members have been fingerprinted;

c. A physician's statement every three years from the date of the initial license for the license applicant and all adult household members; and

d. Documentation that the license applicant has completed training as prescribed in R6-6-1005(B).

3. From sources other than the applicant, the documents listed in R6-6-1004.03(3)(d)(i), (3)(e), and (3)(f) and the following:

a. Documentation that each new adult household member has had a criminal history check and that all adult household members have had a criminal history check every three years, and

b. Documentation that the license applicant's home has passed a health and safety inspection every three years since the date of the initial license.

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1004.05 Contents of a Complete Request for an Amended License

A request for an amended license is complete when the Division has the following:

1. A description of the change requested to the license, and

2. Documentation that the requested change complies with this Article.

History

  • Adopted effective February 1, 1998 (Supp. 98-1). R6-6-1004.05 Section heading corrected at the request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-1005 Training Requirements for Child Developmental Home Foster Parents

A. A license applicant for an initial license as a Child Developmental Foster Home shall meet the following training requirements:

Prelicensing training in the following subjects:

a. Cardiopulmonary resuscitation appropriate for children and adults provided by an instructor certified in cardiopulmonary resuscitation;

b. First aid provided by an instructor certified in first aid; and

c. Child developmental foster home parent orientation training of 16 to 20 hours, as determined by the Division.

2. Up to ten additional hours of training based upon the needs of the license applicant or the foster child, as determined by the Division.

B. The licensee shall annually complete a minimum of ten hours of training, as required by the Division, prior to license renewal and must maintain all certifications obtained for the initial licensure. Up to four hours of the annual training may be allowed for training related to maintenance of certifications.

C. The license applicant or licensee shall participate in additional training based upon the specific needs of the foster family or a child placed in the foster home, as required by the Division, or shall demonstrate the ability to meet the needs of a specific child.

D. The license applicant or licensee shall submit documentation which demonstrates satisfactory completion of these training requirements to the Division.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1006 Foster Parent Responsibilities in Child Developmental Foster Homes

A. The licensee shall provide the child with positive emotional support and guidance including but not limited to:

1. Including the child in daily activities;

2. Providing the child with positive reinforcement;

3. Assisting the child with day-to-day concerns with school, with friends, and with family;

4. Providing appropriate care, concern, and support;

5. Protecting the child from harm; and

6. Assisting the child in developing and fostering personal relationships.

B. The licensee shall follow written and verbal instructions and orders from qualified professionals regarding the medical, dental, habilitative, and therapeutic needs of the child.

C. The licensee shall provide opportunities for social and physical development appropriate to the child's developmental level and interest, through recreation and leisure-time activities.

D. The licensee shall cooperate with the Division in providing opportunities for the child to pursue the child's own religious beliefs or those of the child's parent, family, or guardian. The licensee shall not require the child to participate in the licensee's religious activities or practices.

E. The licensee shall assign tasks and work appropriate to the child's age and abilities and which do not present a health or safety hazard and do not interfere with the child's educational or recreational activities.

F. The licensee shall ensure children are dressed each day in clothing which is clean and appropriate to the age of the child, the climate, and the situation.

G. The licensee shall provide a well-balanced and adequate diet to meet the nutritional needs of the child.

H. The licensee shall ensure that the child has transportation to meet the educational, medical, habilitative, therapeutic, and social needs of the child.

I. The licensee shall make reasonable efforts to support and maintain the child's relationships with parents, guardians, other family members, and other persons important to the child's life, approved or as required by the Division, the child-placing agency, or the courts.

J. The licensee shall ensure that visitations or outings with other adults, without the licensee present, have the prior approval of the Division or are consistent with the child's ISPP or case plan.

K. The licensee shall ensure that money designated for the child is only used for the specific purpose intended and for the benefit of the child.

L. The licensee shall provide appropriate hygiene for the child including bathing, tooth brushing, hair care, toileting, diapering, menstrual care, and shaving, as appropriate.

M. The licensee shall not provide foster care or respite care to adults in the licensee's home.

N. The licensee shall provide care only for the number of children and conditions listed on the license.

O. The licensee shall obtain approval from the Division before accepting placements from other agencies or private parties.

P. When the child developmental foster home also provides respite services, the licensee shall ensure that the respite placement is within the conditions stated on the Child Developmental Foster Home license.

Q. The licensee shall not accept adult roomers or boarders without prior approval of the Division.

R. The licensee shall treat information concerning a child placed in the licensee's home and the child's family and guardian as confidential in accordance with A.R.S. § 36-568.

S. The licensee shall participate in the IEP meetings, unless otherwise specified by the Division, and advocate for the implementation of the IEP.

T. The licensee shall participate in the ISPP meetings, shall carry out the tasks identified by the ISPP team as being the responsibility of the licensee, and shall advocate for the implementation of the ISPP.

U. The licensee shall cooperate with the Division when a foster child moves from the foster home by:

1. Providing information, including the records required in R6-6-1010(A) and (C);

2. Ensuring personal belongings such as usable clothing, furniture, television sets, bicycles, toys, and other items purchased specifically for the child go with the child; and

3. Assisting the Division in preparing the child for the move.

V. The licensee shall comply with the terms of the Child Developmental Foster Home Parent Agreement.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1007 Behavior Management

A. The licensee shall comply with the Division's requirements for behavior management as specified in Article 9.

B. The licensee shall establish well-defined rules which set the limits of behavior.

C. The licensee shall provide discipline appropriate to the age, life experience, and individuality of each child:

1. The licensee shall develop and implement fair, reasonable, age and developmentally appropriate, and consistent rewards and consequences for implementing the rules established in subsection (B).

2. The licensee shall not use discipline which deprives the child of food, shelter, or medical care.

3. The licensee shall not use any form of corporal or physical punishment.

4. The licensee shall not participate in the use of verbal abuse or derogatory remarks.

D. The licensee shall identify behavioral issues and report them to the Division.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1008 Sleeping Arrangements

The licensee shall provide appropriate, comfortable, and safe sleeping arrangements for each child consistent with the requirements of this Section.

1. Each child shall have his or her own bed and place to store clothing and personal belongings.

2. No child shall sleep in an unfinished room, a hallway, or any room which is normally used for other than sleeping arrangements by family members.

A child six years of age or older shall not share a bedroom with persons of the opposite sex.

4. A child shall not share a bedroom with an adult except in the following circumstances:

a. A child under two years of age may share a bedroom with the licensee.

b. A child two years of age and older may share a bedroom with the licensee for special temporary care, such as during the child's illness or as specified in the ISPP.

5. The licensee shall sleep within hearing distance of the child.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1009 Notification Requirements

A. The licensee shall notify the Division or placing agency of the following events:

1. An addition to the foster home, structural remodeling of the foster home, or addition of a swimming pool or spa. The licensee shall provide prior notification to the Division and shall cooperate with the Division in obtaining an Arizona Department of Health Services inspection as prescribed in A.R.S. § 8-504;

2. Changes in marital status or living arrangement of the licensee;

3. A plan to make a change in location of residence;

4. Arrests, indictments, or convictions of any household member or of persons living on the premises;

5. Serious injury, illness, illegal substance use or substance abuse, suicidal behavior, attempted suicide, or death of any foster family member. The Division may require the licensee provide written documentation from a physician regarding the change in medical status;

6. Changes which impact on the ability of the foster family to meet the needs of the child;

7. Addition of a new household member shall be made to the Division prior to the addition;

8. A temporary visitor staying more than one month; and

9. A change in the primary care giver or a person leaving the household who contributed to the care of the child. Notification shall be made to the Division prior to the change.

B. For children placed by the Division in the licensee's home, the licensee shall notify the Division of incidents including but not limited to:

1. Possible child abuse or neglect as per A.R.S. § 13-3620 and R6-6-1601;

2. Hospitalization, the intervention of a medical practitioner, or emergency medical care as a result of serious illness, injury, medication error, or suicidal behavior;

3. Death of a child;

4. A child missing. A child missing must be reported to law enforcement officials and the Division as soon as the child is determined to be missing;

5. Theft of money or property;

6. Incidents which involve or may potentially involve the police or media;

7. Significant damage to the property of the child, the property of the state, the property of the licensee, or the property of others; and

8. Illegal substance use or substance abuse.

C. The licensee shall obtain prior approval from the Division for alternative supervision plans. Alternate supervision shall only be provided by persons 18 years of age or older.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1010 Recordkeeping

A. The licensee shall maintain a record for each child which shall include the child's medical history, dental history, educational experiences, and habilitation services.

B. The licensee shall obtain and provide to the Division receipts for expenditures for the child, as required by the Division.

C. The licensee shall maintain a personal record for the child, which may include mementos, photos, letters, cards, report cards, school projects, art, and toys.

D. The licensee shall keep copies of all licenses, certificates, and correspondence in a separate file to document compliance with sanitation, health, and environmental codes of state and local authorities.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1011 Health and Safety Standards in Child Developmental Foster Homes

A. The licensee shall maintain the premises of the child developmental foster home in a clean and sanitary condition to the degree that it does not present a health or safety hazard.

B. The child developmental foster home shall not have an accumulation of litter, rubbish, or garbage on the premises. Litter, rubbish, and garbage shall be contained in cleanable containers with lids or sealed disposable containers and shall be removed from the property not less than once a week.

C. The licensee shall ensure that the child developmental foster home is free from, or has an ongoing system to eradicate, insects, rodents, and other vermin.

D. Before initial licensure and every three years thereafter, the child developmental foster home shall be inspected and meet the safety and sanitation guidelines of the Department of Health Services unless otherwise specified by the Division.

E. Child developmental foster homes located in mobile homes shall pass an annual fire safety inspection as arranged by the Division.

F. The licensee shall keep toxic, poisonous, hazardous, and corrosive materials in locked storage separate from food or medications, unless otherwise specified in the ISPP.

G. The licensee shall keep medicines in locked storage separate from food, toxic, poisonous, hazardous, or corrosive materials.

H. The licensee shall keep firearms in locked storage and shall keep ammunition locked separately from the firearms.

I. Bedrooms shall have light, ventilation, and a usable, unobstructed exit to the outside in case of an emergency.

J. Telephone service or similar two-way communication methods shall be available in the home and shall be in working order.

K. Any permanent body of water shall be fenced and inaccessible to children and shall meet the guidelines of the Arizona Department of Health Services unless otherwise specified by the Division.

L. The licensee shall not allow foster children in swimming pool areas or in the area of other bodies of water unless supervised by a responsible adult or as specified in the ISPP.

M. The licensee shall store alcoholic beverages responsibly.

N. The licensee shall not use tobacco products while in an enclosed area with a foster child.

O. The licensee shall make reasonable efforts to ensure family pets do not present a health or safety hazard to foster children.

P. The licensee shall develop a fire evacuation plan and shall periodically practice the plan with the household members. The licensee shall update the fire evacuation plan as needed based on placement changes, household member changes, or structural changes to the foster home.

Q. The licensee shall equip the child developmental foster home with smoke detectors and fire extinguishers which are in good working order.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1012 Transportation

A. A licensee who transports foster children shall have a current and valid driver's license and shall have liability insurance for any vehicle which will be used to transport foster children. A child developmental foster home household member who transports children must be 18 years of age or older and must be identified to the Division.

B. A licensee shall ensure that each vehicle used for transporting foster children is maintained in a safe operating condition.

C. The licensee shall ensure foster children wear seat belts or use an appropriate child safety seat while being transported.

D. A vehicle used to transport children in wheelchairs shall also be equipped with floor-mounted seat belts and wheelchair lock-downs for each wheelchair being transported.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1013 Dual Licensure or Certification of Child Developmental Foster Homes

A. Foster parents licensed pursuant to A.R.S. § 8-509 shall cooperate with the certification process of the Division to care for children with developmental disabilities.

To be granted certification the home shall meet all requirements of this Article.

2. The licensee shall cooperate with the Division in the annual certification study.

3. A licensee certified by the Division shall not be certified to serve more than a total of three children.

4. The licensee shall cooperate with a home visit as part of the certification process.

B. Foster parents residing off-reservation and licensed by a tribal jurisdiction shall also be licensed by the Division for children placed by the Division.

1. To be granted licensure, the home shall meet all requirements of this Article.

2. Foster parents licensed by a tribal jurisdiction, seeking licensure by the Division, shall sign a release of information from the tribal licensure files.

3. A person licensed by the Division as a Child Developmental Foster Home shall not be licensed to serve more than a total of three children.

4. The licensee shall notify the Division of a pre-placement conference with another agency or jurisdiction.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1014 Rights of Children in Child Developmental Foster Homes

The licensee shall uphold and safeguard the rights of clients consistent with applicable federal and state laws, specifically including A.R.S. § 36-551.01, unless legally restricted or as addressed in the ISPP in accordance with Article 9. Rights for children shall allow for reasonable standards of parental guidance and protection. In addition to those rights specifically stated in statute, rights shall include, at a minimum:

1. The right to be provided choices and to express preferences which will be respected and accepted whenever appropriate and possible;

2. The right to be free from personal and financial exploitation;

3. The right to a safe, clean, and humane physical environment;

4. The right to own and have appropriate access to personal property;

5. The right to associate with persons of the child's own choosing as appropriate to the age and developmental level of the child;

6. The right to participate in social, religious, educational, cultural, and community activities;

7. The right to have access to their personal spending money and to be taught to manage their spending money;

8. The right to the least amount of physical assistance necessary to accomplish a task;

9. The right to privacy, including during treatment and care of personal needs, and with regard to written correspondence, telephone communications, and visitations;

10. The right to have care for personal needs provided, except in cases of emergency, by a caregiver of the gender appropriate to the age of the child or as specified in the ISPP; and

11. The right to be treated with dignity and respect.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1015 Exemption

A licensee may request from the Division an exemption of a rule contained in this Article. The request shall demonstrate that the intent of the rule will be met by alternate means and that the exemption will not endanger the lives or health of clients.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1016 Home Inspections and Monitoring

A. The licensee shall cooperate with the Division in assessing compliance with this Article.

B. The licensee shall allow the Division access to the setting for inspections and monitoring visits and shall allow the Division access to the licensee's records, reports, and vehicles used to transport clients.

C. Inspections and monitoring visits shall include, at a minimum:

1. An annual home visit as part of the license renewal process; and

2. Two monitoring visits each year, at least one of which will be unannounced.

D. The licensee shall comply with corrective action plans as required by the Division.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
  • The following Section was adopted under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1994, Ch. 214, § 7. Exemption from A.R.S. Title 41, Chapter 6 means that the Department did not submit these rules to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not submit the rules to the Governor's Regulatory Review Council for review; the Department was not required to hold public hearings; and the Attorney General has not certified these rules.
Ariz. Admin. Code § R6-6-1017 Complaints

A. Any person who has a complaint about a child developmental foster home may make the complaint known verbally or in writing to the Department.

B. A complainant who has provided his name and address shall be notified that his complaint has been received and the notice shall indicate what investigative actions shall be taken.

C. The Department shall investigate complaints about child developmental foster homes within ten calendar days of the receipt of the complaint and shall notify the licensee of the investigation. In a case where there is reason to believe that imminent danger exists, the investigation shall be conducted immediately and the licensee shall be notified.

D. The name or identifying characteristics of the complainant shall not be disclosed unless the complainant consents in writing to the disclosure or investigation of the complaint results in a legal proceeding and disclosure is ordered by an appropriate authority.

E. The Department shall notify the licensee of the results of an investigation conducted pursuant to this rule and the requirement for any corrective action that the Department deems necessary.

F. The licensee shall cooperate with the Division in completing investigations of complaints or concerns regarding the Child Developmental Foster Home and regarding children placed in the home.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1018 Denial, Suspension, and Revocation of Child Developmental Foster Home Licenses

A. The Division may deny, suspend, or revoke a license for violations of A.R.S. § 36-594.

B. The Division may deny or revoke a license if a license applicant or licensee has been arrested for, convicted of, charged with, or pled no contest to any of the following criminal acts:

1. Sexual abuse of a child or vulnerable adult,

2. Incest,

3. First- or second-degree murder,

4. Kidnapping,

5. Arson,

6. Sexual assault,

7. Sexual exploitation of a child or vulnerable adult,

8. Commercial sexual exploitation of a child or vulnerable adult,

9. Felony offenses within the previous ten years involving the manufacture or distribution of marijuana or dangerous or narcotic drugs,

Robbery,

11. Child prostitution as defined in A.R.S. § 13-3206,

12. Child abuse or abuse of a vulnerable adult,

13. Sexual conduct with a child,

14. Molestation of a child or vulnerable adult,

15. Voluntary manslaughter, or

16. Aggravated assault.

C. Upon notification that a member of the household or person living on the premises of a Child Developmental Foster Home is found to have been arrested for, convicted of, charged with, or pled no contest to any of the criminal acts listed in subsection (B), the licensee shall immediately take the following actions:

1. Remove the person from direct contact with children;

2. Notify the Division, unless the licensee initially received notice from the Division.

D. If a licensee fails to comply with subsection (C), the Division shall revoke or suspend the license.

E. If the criminal record check indicates that an individual has been convicted of or found by a court to have committed, or is reasonably believed to have committed, offenses pursuant to A.R.S. § 36-594, other than those listed in subsection (B), the Division shall consider the following factors when determining what corrective action to take against the licensee:

1. The extent of the individual's criminal record;

2. Length of time since the commission of the offense;

3. Nature of the offense;

4. Mitigating circumstances surrounding commission of the offense. The burden is on the person to demonstrate that there were mitigating circumstances;

5. The degree of the person's participation in the offense. The burden is on the person to demonstrate that the involvement was not direct; and

6. The extent of the person's rehabilitation, including but not limited to:

a. The person shall provide that probation has been completed and complete restitution or compensation for the offense has been made, and

b. Evidence of positive action to change criminal behavior such as completion of a drug treatment program or counseling.

7. Personal references attesting to the person's rehabilitation.

F. When an application for a license is denied, or a license is suspended or revoked, pursuant to A.R.S. § 36-594, the Division shall deliver a written notice of the action in person or send a written notice of the action by certified mail to the license applicant or licensee. The notice shall state the reasons for the denial, suspension, or revocation with reference to applicable statutes and rules.

G. If the reason for denial, suspension, or revocation of a license involves the health, welfare, or safety of clients, the clients shall be immediately removed from the child developmental foster home.

H. When a license is denied, suspended, or revoked, the license applicant or licensee has the right to appeal the decision pursuant to Article 22.

I. The Division may suspend a child developmental foster home license for:

1. Up to six months during an investigation or while the licensee completes a corrective action plan.

2. Up to 12 months due to the temporary inability of the licensee to provide services.

J. No child can be placed in the foster home during a suspended license status.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). R6-6-1018(H) reference to Article 20 corrected to Article 22 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-1019 Appeals

A. When an application for a license is denied, or a license is suspended or revoked, the Division shall notify the license applicant or licensee of the right of appeal pursuant to R6-6-2201 et seq. (Appeals and Hearings), except that appeals from the decision of a hearing officer shall be in accordance with A.R.S. § 41-1992 (Hearing Officers Powers and Duties).

B. If the license applicant or licensee appeals a licensing decision, the denial, suspension, or revocation of the license shall not become final until the appeal decision is rendered.

C. If the children have been removed from the child developmental foster home because of a health, welfare, or safety issue, they shall remain out of the home while the appeal is pending.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). R6-6-1019(A) reference to R6-6-2001 corrected to R6-6-2201 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).

Article 11 ADULT DEVELOPMENTAL HOME LICENSE

Ariz. Admin. Code § R6-6-1101 Application for License

A. Married or single persons desiring to be licensed as an adult developmental home shall make written application for a license to the Division on the prescribed forms.

B. The license applicant and any adult member of the household shall be fingerprinted for a criminal history record check as prescribed by the Division. Any adult living on the premises, not residing in the home, may be required to be fingerprinted for a criminal history record check.

C. The license applicant and any adult member of the household shall authorize the Division to perform a background check through Adult Protective Services and Child Protective Services referral files. Any adult living on the premises may be required to authorize a background check through Adult Protective Services and Child Protective Services referral files.

D. The license applicant and all members of the license applicant's household shall participate in interviews with the Division and the home-study process as required by the Division. The home-study process shall include:

1. Interviews with all members of the license applicant's household.

Interviews with other knowledgeable parties as the Division determines appropriate.

3. Inspection of the home and grounds by the Arizona Department of Health Services and the Division for compliance with this Article.

E. To be eligible for licensure as an adult developmental home provider, the license applicant shall:

1. Be at least 21 years of age,

2. Have income or resources independent of the Division room-and-board payments to meet the needs of the license applicant's family unit,

3Not have employment that conflicts with the care and supervision of adults placed by the Division,

4. Be of reputable and honest character, and

5. The license applicant shall submit documentation that each child living in the home has received the immunizations appropriate to the child's age and state of health unless the license applicant has submitted a signed statement that the children have not been immunized because of affiliation with a religion which is opposed to such immunizations or because the license applicant is opposed to such immunizations.

F. The license applicant and members of the household shall cooperate with the Division in obtaining information regarding the license applicant or household members necessary to determine if the home meets licensing standards. Such cooperation shall include, but is not limited to:

1. Providing releases of information;

2. Authorizing release of medical records; and

Submitting to psychological, psychiatric, drug testing, or other evaluations as required by the Division.

G. The license applicant shall provide the Division with a minimum of three references who are familiar with the family and are not related to the license applicant by blood or marriage. The Division may contact the references for further information regarding the license applicant's character and ability to care for individuals with developmental disabilities.

H. The Division may require the license applicant to submit references from current or previous employers.

I. All members of the household shall agree with the decision to be licensed as an adult developmental home.

J. The license applicant shall demonstrate an understanding of and the ability to meet the emotional, physical, social, developmental, educational, and intellectual needs of individuals with developmental disabilities.

K. The license applicant shall demonstrate the ability to provide encouragement, guidance, and support; to be sensitive to the needs of the individuals with developmental disabilities; and to protect individuals with developmental disabilities from harm.

L. The applicant shall not have any medical or emotional problems that may prevent the person from properly caring for adults with developmental disabilities or may negatively impact on clients in the home.

1. Following approval of the home study by the Division, the license applicant shall submit, on forms prescribed by the Division, written statements from a licensed medical practitioner for each adult living in the home. The statement shall include, at a minimum:

a. Confirmation that the physician has examined the adult within the last six months,

b. A description of the person's general physical and emotional health,

c. A list of all regularly prescribed medications and the purpose of the medication, and

d. Identification of any medical or emotional problems that may prevent the person from caring for adults with developmental disabilities or may impact on clients in the home.

2. The Division may require the license applicant to submit physician statements as described in this Section regarding the physical and emotional health of other adults living on the premises.

M. The license applicant shall attend prelicensure training as required by R6-6-1105.

History

  • Former Section R6-6-1101 repealed effective September 18, 1987. New Section R6-6-1101 adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1102 Issuing an Initial License

A. The license applicant shall comply with the requirements of this Article.

B. Except as provided in R6-6-1104(C), a regular license is effective for one year from the date of issuance.

C. Based upon records, reports, and observations, if the Division determines that the license applicant may be unable to meet the physical or emotional needs of clients, the Division may require further psychological or physical evaluations, at no expense to the license applicant, to determine whether a license shall be denied.

D. A regular license to provide adult developmental home services is not transferable and is valid only for the licensee and the address stated on the license.

History

  • Former Section R6-6-1102 repealed effective September 18, 1987. New Section R6-6-1102 adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1103 Issuing a Renewal License

A. A regular license is renewable annually for a one-year period.

B. The Division shall renew an adult developmental home regular license when:

1. The licensee has met the annual training requirements according to R6-6-1105;

2. The home meets the requirements of R6-6-1101 except as noted in this subsection:

a. The licensee shall submit a written statement every three years from the date of initial license from a licensed medical practitioner as required by R6-6-1101(M);

b. References are not required for license renewal;

c. The adult developmental home shall receive a health inspection from the Department of Health Services every three years prior to license renewal unless otherwise indicated by this Article;

3. Any person fingerprinted pursuant to R6-6-1101(B) and still residing in the home or on the premises shall have a criminal history record check every three years.

C. Based upon records, reports, and observations, if the Division determines that the license applicant for license renewal may be unable to meet the physical or emotional needs of adults with developmental disabilities, the Division shall have the authority to require further psychological or physical evaluations at no expense to the developmental home provider to determine whether to renew a license.

D. A license to provide adult developmental home services is not transferable and is valid only for the licensee and the address stated on the license.

History

  • Former Section R6-6-1103 repealed effective September 18, 1987. New Section R6-6-1103 adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1104 Issuing a Provisional License

A. The Division may issue a provisional license for up to six months when:

1. The license applicant is temporarily unable to meet the requirements of this Article, and

2. The Division is satisfied that the listed deficiencies can be corrected within six months or less by the license applicant.

B. When conditions exist which could endanger the health or safety of adults with developmental disabilities, the Division shall not issue a provisional license pursuant to A.R.S. § 36-592.

C. When the license applicant has met the requirements of the provisional license and a regular license is issued, the regular license is valid for one year from the date the Division issued the provisional license.

D. A provisional license to provide adult developmental home services is not transferable and is valid only for the licensee and the address stated on the license.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1104.01 Time-frame for Granting or Denying a License

For the purpose of A.R.S. § 41-1073, the Division establishes the following licensing time-frames:

1. Administrative completeness review time-frame:

a. For an initial license, 90 days;

b. For a renewal license, 30 days; and

c. For an amended license, 30 days.

Substantive review time-frame:

a. For an initial license, 30 days;

b. For a renewal license, 31 days; and

c. For an amended license, 10 days.

3. Overall time-frame:

a. For an initial license, 120 days;

b. For a renewal license, 61 days; and

c. For an amended license, 40 days.

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1104.02 Administrative Completeness and Substantive Review Process

A. The Division shall send the license applicant a written notice within the administrative completeness review time-frame indicating that the application package is either complete or incomplete.

B. If the application package is incomplete, the Division shall list the missing information in the notice and ask the license applicant to supply the missing information within 60 days from the date of notice. If the license applicant fails to do so, the Division may close the file.

C. A license applicant whose file has been closed and who later wishes to become licensed may reapply to the Division. The administrative completeness time-frame starts over when the Division receives the written request to reapply.

D. When the application is complete, the Division shall complete a substantive review of the license applicant's qualifications. The Division shall:

1. Review the application form and all required documents to ensure compliance with this Article,

2. Complete a home study as prescribed in R6-6-1101(D), and

3. Gather additional information needed to determine the license applicant's fitness to serve as an Adult Developmental Home service provider and ability to comply with Adult Developmental Home requirements, which may include:

a. Interviewing the license applicant;

b. Contacting references;

c. Verifying information provided in the application;

d. Visiting the license applicant's home; and

e. Requesting additional information, assessments, or tests as prescribed in R6-6-1101(F) and R6-6-1103(C).

E. If a license is denied, the Division shall send a notice to the license applicant as prescribed in R6-6-1118(F) and A.R.S. § 41-1076.

F. An applicant shall submit a license application package to DES/DDD, P.O. Box 6123, Site Code 791A, Phoenix, Arizona 85005-6123, Attention: Developmental Home Licensing Unit.

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1104.03 Contents of a Complete Application Package - Initial License

An initial application package is complete when the Division has all of the following information:

1. From the license applicant, a completed application form as prescribed in R6-6-1101(A) which contains the following information:

a. Personally identifying information, as follows:

i. Name and gender,

ii. Date and place of birth,

iii. Social security number,

iv. Ethnicity and religious preference,

v. Current and previous address,

vi. Dates resided at previous address,

vii. Length of Arizona residency,

viii. Current marital status and marital history, and

ix. Any other names by which the license applicant has been known.

b. Personally identifying information on the license applicant's household members, as follows:

i. Name,

ii. Gender,

iii Date of birth,

iv. Relationship to license applicant, and

v. Length of time living in the home.

c. Personally identifying information on the license applicant's children who do not live with the license applicant, including emancipated children, as follows:

i. Name;

ii. Current address;

iii. Date of birth; and

iv. Occupation or school, if currently attending.

d. Any current or prior licenses or certificates held by the license applicant to provide care to a child or adult, as follows;

i. Type of license or certificate;

ii. Date of each license and certificate;

iii. State in which each license or certificate was issued;

iv. Any license or certificate which was revoked, denied, voluntarily surrendered, or suspended and the circumstances; and

v. Name of any other agency with which the license applicant is currently licensed or certified to provide services to children or adults.

e. A description of the license applicant's home, as follows:

i. The name of the school district in which the license applicant's home is located;

ii. Identification and description of any swimming pool, spa, fish pond, or other body of water; and

iii. Number of bedrooms.

f. Information about the license applicant, as follows:

i. Educational background;

ii. Employment history;

iii. Previous experience in providing room and board for any person;

iv. Any contact with CPS or APS and the circumstances;

v. Any arrest and the circumstances;

vi. Any history of mental illness or treatment for a mental illness or emotional disorder including hospitalization for alcohol, drug, or mental health issues and the circumstances;

vii. If currently or previously employed by the Department of Economic Security or the Division, position, title, name of the supervisor, and name of the program;

viii. The reason for wanting to provide care to an adult;

ix. Gender, age, characteristics, and special needs of the individual the license applicant would prefer to take into the home;

x. Any experience caring for individuals who have special needs;

xi. Discipline techniques used or believed appropriate; and

xii. Anticipated changes in the license applicant's family in the next 12 months.

g. Information about the license applicant's household member, as follows:

i. Any contact with CPS or APS by anyone currently or formerly residing with the license applicant and the circumstances;

ii. Any arrests and the circumstances;

iii. Any history of mental illness or treatment for a mental illness or emotional disorder including hospitalization for alcohol, drug, or mental health issues and the circumstances;

iv. If currently or previously employed by the Department of Economic Security or the Division, position, title, name of the supervisor, and name of the program;

v. Any experience caring for individuals with special needs; and

vi. Discipline techniques used or believed appropriate.

h. Reference information for the license applicant, as follows:

i. Three references who can attest to the license applicant's character and skill; and

ii. If the license applicant is working or has worked with children or adults with developmental disabilities, one employment reference;

i. List of any individuals who live on the property on which the license applicant's home is located, but not in the license applicant's home.

2. From the license applicant, the following documents listed on the application form:

a. A completed declaration of criminal history for the license applicant and each adult household member on a Division form with the following information:

i. Name,

ii. Social security number,

iii. Date of birth,

iv. Address,

v. A declaration of whether the individual has committed any of the crimes listed in A.R.S. § 36-594(3) and R6-6-1118, and

vi. Dated signature.

b. Documentation showing that the license applicant and each adult household member have been fingerprinted;

c. Documentation showing that the license applicant has a current driver's license, and current vehicle liability insurance as prescribed in R6-6-1112(A);

d. A completed monthly budget on a Division form showing the license applicant's monthly income, and monthly expenses, and the circumstances for any declaration of bankruptcy;

e. A physician's statement for the license applicant and each adult household member as prescribed in R6-6-1101(L);

f. Documentation of current immunizations for each child living in the license applicant's home as prescribed in R6-6-1101(E)(5);

g. Documentation that the license applicant has completed training as prescribed in R6-6-1105(A).

3. From sources other than the applicant, the documents listed on the application form, as follows:

a. Three letters of reference for the license applicant as prescribed in R6-6-1101(G);

b. If the license applicant works with children or adults with developmental disabilities, one employment letter of reference as prescribed in R6-6-1101(H);

c. Documentation that the license applicant and each adult household member have had a criminal history check as prescribed in R6-6-1101(B);

d. Documentation showing that the license applicant's home has passed:

i. A fire inspection as prescribed in R6-6-1111(E), and

ii. A health and safety inspection as prescribed in R6-6-1111(D).

e. Documentation that vehicles used for transporting individuals with developmental disabilities have passed a Division safety inspection to meet the safety requirements in R6-6-1112(B); and

f. Documentation that the CPS/APS Central Registry has been checked as prescribed in R6-6-1101(C).

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1104.04 Contents of a Complete Application Package - Renewal License

A license renewal application package is complete when the Division has all the following information:

1. From the license applicant, a completed renewal application form as prescribed in R6-6-1101(A) which contains the following information:

a. Personally identifying information, as follows:

i. Name,

ii. Address, and

iii. Phone number.

b. Personally identifying information on the license applicant's household members, as follows:

i. Name,

ii. Gender,

iii. Age,

iv. Relationship to the license applicant, and

v. School or occupation.

c. Personally identifying information on the license applicant's children who do not live with the license applicant, including emancipated children, as follows:

i. Name;

ii. Age;

iii. Address; and

iv. Occupation or school, if currently attending.

d. Information about the license applicant, as follows:

i. Any arrest or investigation for a criminal offense, including charge, and arresting agency;

ii. Any referral to or treatment for a psychiatric or psychological problem, including substance abuse, in the last year.

e. Information about the license applicant's household member, including:

i. Any arrest or investigation for a criminal offense, including charge, and arresting agency;

ii. Any referral to or treatment for a psychiatric or psychological problem, including substance abuse, treatment in the last year.

f. Any current or prior license or certificate held by the license applicant to provide care to a child or adult, as follows:

i. Type of license or certificate;

ii. Date of each license and certificate;

iii. State in which the license or certificate was issued;

iv. Any license or certificate which was revoked, denied, voluntarily surrendered, or suspended and the circumstances; and

v. Name of any other agency with which the license applicant is currently licensed or certified to provide services to children or adults.

g. List of any individuals who live on the property on which the license applicant's home is located, but not in the license applicant's home;

h. List of the household members and their relationship to the applicant and to each other;

i. Any changes that should be made to the license conditions;

j. Dated signature.

2. From the license applicant, the items listed in R6-6-1104.03(2)(c),(2)(d), (2)(f), and the following:

a. A completed declaration of criminal history for each new adult household member and, at three-year intervals, a completed declaration for all adult household members;

b. Documentation showing that each new adult household member has been fingerprinted and, at three-year intervals, that all adult household members have been fingerprinted;

c. A physician's statement every three years from the date of the initial license for the license applicant and all adult household members; and

d. Documentation that the license applicant has completed training as prescribed in R6-6-1105(B).

3. From sources other than the applicant, the documents listed in R6-6-1104.03(3)(d)(i), (3)(e), and (3)(f) and the following:

a. Documentation that each new adult household member has had a criminal history check and that all adults household members have had a criminal history check every three years; and

b. Documentation that the license applicant's home has passed a health and safety inspection every three years since the date of the initial license.

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1104.05 Contents of a Complete Request for an Amended License

A request for an amended license is complete when the Division has the following:

1. A description of the change requested to the license, and

2. Documentation that the requested change complies with this Article.

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1105 Training Requirements for Adult Developmental Home Providers

A. An applicant for an initial license as an adult developmental home provider shall meet the following training requirements:

Prelicensing training in the following subjects:

a. Cardiopulmonary resuscitation appropriate for children and adults provided by an instructor certified in cardiopulmonary resuscitation;

b. First aid provided by an instructor certified in first aid; and

c. Orientation training of 12 to 20 hours, as prescribed by the Division.

2. Up to ten additional hours of training based upon the needs of the license applicant or the adult placed by the Division, as determined by the Division.

B. The licensee shall annually complete a minimum of ten hours of training, as required by the Division, prior to license renewal and must maintain cardiopulmonary resuscitation and first-aid certifications obtained for the initial license. Up to four hours of the annual training may be allowed for training related to maintenance of certificates.

C. The licensee shall participate in additional training, as required by the Division, based upon the specific needs of the license applicant or licensee or an adult placed by the Division or shall demonstrate the ability to meet the needs of the specific client.

D. The license applicant or licensee shall submit documentation to the Division demonstrating satisfactory completion of the training requirements.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1106 Adult Developmental Home Licensee Responsibility

A. The licensee shall provide the client with positive emotional support and guidance including but not limited to:

1. Including the client in daily activities;

2. Providing the client with positive reinforcement;

Assisting the client with day-to-day concerns with school, work, friends, and family;

4. Providing appropriate care, concern, and support;

Protecting the client from exploitation; and

6. Assisting the client in developing and fostering personal relationships.

B. The licensee shall follow written and verbal instructions and orders from qualified professionals regarding the medical, dental, habilitation, and therapeutic needs of the client.

C. The licensee shall provide opportunities for social and physical development appropriate to the client's abilities and interest, through recreation and leisure-time activities.

D. The licensee shall provide opportunities for the client to pursue the client's own religions beliefs. The licensee shall not require the client to attend or participate in the licensee's religious activities or practices.

E. The licensee shall develop an agreement with the client for shared household tasks which do not present a health or safety hazard and do not interfere with the client's school, work, day programs, or recreational activities.

F. The licensee and any client who smokes tobacco products shall develop mutually acceptable rules regarding the smoking of tobacco products.

G. The licensee shall provide appropriate direction in the selection of clothing while allowing individual choice.

H. In cooperation with the client, the licensee shall plan and provide well-balanced and adequate meals to meet the nutritional needs of the client.

I. The licensee shall ensure transportation is arranged to meet the educational, employment, medical, habilitative, therapeutic, and social needs of the client.

J. The licensee shall make reasonable efforts to support and maintain the client's relationships with parents, guardians, other family members, and other persons important to the client's life as indicated in the ISPP.

K. The licensee shall ensure that money designated for or earned by the client is only used for the specific purpose intended and for the benefit of the client consistent with the Individual Spending Plan.

L. The licensee shall ensure that the client is provided opportunities to make choices regarding the client's own spending money.

M. The licensee shall not provide residential care or respite services to children in the adult developmental home.

N. The licensee shall provide care only for the number of clients and conditions listed on the license.

O. The licensee shall obtain approval from the Division before accepting placements from other agencies or private parties.

P. When the licensee also provides respite services, the licensee shall ensure that the respite placement is within the conditions stated on the license.

Q. The licensee shall not accept roomers or boarders without prior approval of the Division.

R. The licensee shall treat information concerning a client placed in the licensee's home and the client's family or guardian as confidential in accordance with A.R.S. § 36-568.

S. When the client is attending school, the licensee shall encourage and promote the educational development of the client by participating in the IEP meetings, unless otherwise specified by the Division, and by advocating for the implementation of the IEP.

T. The licensee shall participate in the ISPP meetings, shall carry out the tasks identified by the ISPP team as being the responsibility of the licensee, and shall advocate for the implementation of the ISPP.

U. The licensee shall cooperate with the Division when a client moves from the adult developmental home. The licensee shall:

1. Provide information including records of the client's medical and dental history, educational experience, and progress on ISPP activities.

2. Ensure personal belongings such as usable clothing, furniture, television sets, bicycles, the personal record, and other items purchased specifically for the client go with the client.

3. Assist the Division is preparing the client for the move.

V. The licensee shall assist the client in maintaining an inventory of the client's personal property such as furniture, bicycles, radios, television sets, and adaptive equipment.

W. The licensee shall comply with the terms of the Adult Developmental Home Agreement.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1107 Behavior Management

A. The licensee shall comply with the Division requirements for behavior management as specified in Article 9.

B. The licensee shall establish, with the client, house rules for sharing the living environment which are appropriate to the life experience and individuality of each client.

1. The licensee and the client shall develop and implement a fair and reasonable process for resolving disputes.

2. The licensee shall contact the Division is a dispute cannot be resolved.

The licensee shall not deprive the client of meals, shelter, or medical care.

4. The licensee shall not allow any form of corporal or physical punishment.

5. The licensee shall not allow the use of verbal abuse or derogatory remarks.

6. The licensee shall identify and report to the Division behavioral issues which may impact the health, safety, or training needs of the client.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1108 Sleeping Arrangements

The licensee shall provide appropriate, comfortable, safe, and private sleeping arrangements for each client.

1. Clients shall have their own beds and places to store clothing in the bedroom and a place for storing personal belongings.

2. The client's bedrooms shall not be unfinished rooms, hallways, or rooms which are normally used for other than sleeping arrangements by family members.

3. A client shall not share a bedroom with another person unless each person agrees to the arrangement and each client has a separate bed and space for storing clothing in the bedroom and a place for storing personal belongings.

4. A client shall not share a bedroom with a person of the opposite sex unless otherwise specified in the ISPP.

An adult client and a child shall not share a bedroom.

6. The licensee shall sleep within hearing distance of the client if indicated by the needs of the client.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1109 Notification Requirements

A. The licensee shall notify the Division of the following events:

1. Prior to building an addition to the home or structural remodeling of the home, or adding a swimming pool or spa, and shall cooperate with the Division in obtaining an Arizona Department of Health Services inspection as prescribed in A.R.S. § 8-504 for any home additions.

2. Changes in marital status or living arrangement of the licensee.

3. A plan to make a change in residence.

4. Known arrests, indictments, or convictions of any house hold member or of persons living on the premises.

5. Serious injury, major illness, illegal substance use or substance abuse, suicidal behavior, attempted suicide, or death of any household member. The Division may require the licensee to provide written documentation from a physician regarding the change in medical status.

Changes which may impact on the ability of the licensee to meet the needs of the client.

7. Notification shall be made to the Division prior to the addition of a household member.

8. A temporary visitor staying more than one month.

9. The licensee shall notify the Division prior to a change in primary caregiver or a person moving from the household who contributed to the care of the client.

B. For adults placed by the Division in the licensee's home, the licensee shall notify the Division of incidents including but not limited to:

1. Possible abuse or neglect as per A.R.S. § 13-3620 and R6-6-1601.

2. Hospitalizations, the intervention of a medical practitioner, or emergency medical care as a result of serious illness, injury, medication errors, or suicidal behavior.

3. Death of the client.

4. A client missing. A client missing must be reported to law enforcement officials and the Division as soon as the client is determined to be missing.

5. Theft of money or property.

6. Incidents which have involved or may potentially involve the police or media.

7. Significant damage to client property, licensee property, state property, or the property of others.

8. Illegal substance use or substance abuse.

C. The licensee shall obtain Division prior approval for alternative supervision plans.

1. The licensee shall involve the client in the development of alternative supervision plans.

2. The licensee shall ensure that alternative supervision is only provided by persons 18 years of age or older.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1110 Recordkeeping

A. The licensee shall maintain a record for each client of medical history, dental history, educational experiences, and progress on ISPP activities.

B. The licensee shall obtain and provide to the Division receipts for expenditures for the client as required by the Division.

C. The licensee shall assist the client in maintaining a personal record of mementos, photos, letters, cards, report cards, and special projects.

D. The licensee shall keep copies of all licenses, certificates, and correspondence in a separate file to document compliance with sanitation, health, and environmental codes of state and local authorities.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1111 Health and Safety Standards in an Adult Developmental Home

A. The licensee shall maintain the premises of the adult developmental home in a clean and sanitary condition to the degree that it does not present a health or safety hazard.

B. The adult developmental home shall not have an accumulation of litter, rubbish, or garbage on the premises. Litter, rubbish, and garbage shall be contained in cleanable containers with lids or sealed disposable containers and shall be removed from the property not less than once a week.

C. The licensee shall ensure that the adult developmental home is free from, or has an ongoing system to eradicate, insects, rodents, and other vermin.

D. Before initial licensure and every three years thereafter, the adult developmental home shall be inspected and meet the safety and sanitation guidelines of the Department of Health Services unless otherwise specified by the Division.

E. Adult developmental homes located in mobile homes shall pass an annual fire safety inspection as arranged by the Division.

F. The licensee shall keep toxic, poisonous, hazardous, and corrosive materials in locked storage unless otherwise specified in the ISPP of each client in the household.

G. The licensee shall keep medicines in separate locked storage unless otherwise specified in the ISPP of each client in the household.

H. The licensee shall keep firearms in locked storage and shall keep ammunition locked separately from the firearms.

I. Bedrooms shall have light, ventilation, and a usable and unobstructed exit to the outside in case of an emergency.

J. Telephone service or similar two-way communication methods shall be available in the home and shall be in working order.

K. Any permanent body of water shall be fenced and inaccessible to clients and shall meet the guidelines of the Department of Health Services unless otherwise specified by the Division.

L. The licensee shall not allow clients in swimming pool areas or in the area of other bodies of water unless supervised by a responsible adult or as specified in the ISPP.

M. The licensee shall store alcoholic beverages responsibly.

N. The licensee shall ensure that smoking of tobacco products does not occur while in an enclosed area with residents who do not smoke tobacco products.

O. The licensee shall make reasonable efforts to ensure family pets do not present a health or safety hazard to clients.

P. The licensee shall develop a fire evacuation plan and shall periodically practice the plan with the family members. The licensee shall update the fire evacuation plan as needed based on placement changes, household member changes, and structural changes to the adult developmental home.

Q. The licensee shall equip the adult developmental home with smoke detectors and fire extinguishers which are in good working order.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1112 Transportation

A. A licensee who transports clients shall have a current and valid driver's license and shall have liability insurance for any vehicle which will be used to transport clients. An Adult Developmental Home household member who transports clients must be 18 years of age or older and must be identified to the Division.

B. The licensee shall ensure that vehicles used for transporting clients are maintained in a safe operating condition.

C. The licensee shall ensure that clients wear seat belts or use an appropriate safety restraint while being transported.

D. A vehicle used to transport clients in wheelchairs shall also be equipped with floor-mounted seat belts and wheelchair lock-downs for each wheelchair being transported.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1113 Dual Licensure of Adult Developmental Homes

Adult Developmental Home providers licensed by another jurisdiction, such as a county or a state agency other than the Department, or licensed by a tribal authority but located off-reservation, shall be licensed by the Division before the Division places a client in the setting.

1. To be granted a license, the setting shall meet all requirements of this Article.

2. An Adult Developmental Home, licensed by another jurisdiction, seeking licensure by the Division shall sign a release of information to provide the Division access to the licensing files of the other jurisdiction.

3. An Adult Developmental Home licensed by another jurisdiction shall not be licensed by the Division to serve more than a total of three adults regardless of the placing agency.

4. The licensee shall not accept private placements or placements from other agencies or jurisdictions without prior approval of the Division.

5. The licensee shall notify the Division of any pre-placement conference with another agency or jurisdiction.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1114 Client Rights in Adult Developmental Homes

The licensee shall uphold and safeguard the rights of clients consistent with applicable federal and state laws, specifically including A.R.S. § 36-551.01, unless legally restricted or as addressed in the ISPP in accordance with Article 9. In addition to those rights specifically stated in statute, rights shall include, at a minimum:

1. The right to be provided choices and to express preferences which will be respected and accepted whenever appropriate and possible;

2. The right to be free from personal and financial exploitation;

3. The right to a safe, clean, and humane physical environment;

4. The right to own and have free access to personal property;

5. The right to associate with persons of the client's own choosing;

6. The right to participate in social, religious, educational, cultural, and community activities;

7. The right to manage personal financial affairs and to be taught to do so;

8. The right to the least amount of physical assistance necessary to accomplish a task;

9. The right to privacy, including during treatment and care of personal needs and with regard to written correspondence, telephone communications, and visitations;

10. The right to have care for personal needs provided, except in cases of emergency, by a caregiver of the gender chosen by the responsible person or as specified in the ISPP; and

11. The right to be treated with dignity and respect.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1115 Exemption

A license applicant or licensee may request from the Division an exemption of a rule contained in this Article. The request shall demonstrate that the intent of the rule will be met by alternate means and that the exemption will not endanger the lives or health of clients.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1116 Home Inspections and Monitoring

A. The licensee shall cooperate with the Division in assessing compliance with this Article.

B. The licensee shall allow the Division access to the setting for home inspections and monitoring visits and shall allow the Division access to records, reports, and vehicles used to transport clients.

C. Monitoring visits shall include, at a minimum:

1. An annual license renewal home visit; and

2. Two monitoring visits each year, at least one of which will be unannounced.

D. The licensee shall comply with corrective action plans as required by the Division.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1117 Complaints

A. Any person who has a complaint about an adult developmental home may make the complaint known verbally or in writing to the Department.

B. A complainant who has provided his name and address shall be notified that the complaint has been received and the notice shall indicate what investigative actions shall be taken.

C. The Department shall investigate complaints about adult developmental homes within ten calendar days of the receipt of the complaint and shall notify the licensee of the investigation. In a case where there is reason to believe that imminent danger exists, the investigation shall be conducted immediately and the licensee shall be notified.

D. The name or identifying characteristics of the complainant shall not be disclosed unless the complainant consents in writing to the disclosure or investigation of the complaint results in a legal proceeding and disclosure is ordered by an appropriate authority.

E. The Department shall notify the licensee of the results of an investigation conducted pursuant to this rule and the requirement for any corrective action that the Department deems necessary.

F. The licensee shall cooperate with the Division in completing investigations into complaints or concerns regarding the licensee and regarding clients placed in the home.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3).
Ariz. Admin. Code § R6-6-1118 Denial, Suspension, and Revocation of Adult Developmental Home Licenses

A. The Division may deny, suspend, or revoke a license for violations of A.R.S. § 36-594.

B. The Division may deny or revoke a license if a license applicant or licensee has been arrested for, convicted of, charged with, or pled no contest to any of the following criminal acts:

1. Sexual abuse of a child or vulnerable adult,

2. Incest,

3. First- or second-degree murder,

4. Kidnapping,

5. Arson,

6. Sexual assault,

7. Sexual exploitation of a child or vulnerable adult,

8. Commercial sexual exploitation of a child or vulnerable adult,

9. Felony offenses within the previous ten years involving the manufacture or distribution of marijuana or dangerous or narcotic drugs,

Robbery,

11. Child prostitution as defined in A.R.S. § 13-3206,

12. Child abuse or abuse of a vulnerable adult,

13. Sexual conduct with a child,

14. Molestation of a child or vulnerable adult,

15. Voluntary manslaughter, or

16. Aggravated assault.

C. Upon notification that a member of the household or person living on the premises of an Adult Developmental Home is found to have been arrested for, convicted of, charged with, or pled no contest to any of the criminal acts listed in subsection (B), the licensee shall immediately take the following actions:

1. Remove the person from direct contact with children;

2. Notify the Division, unless the licensee initially received notice from the Division.

D. If a licensee fails to comply with subsection (C), the Division shall revoke or suspend the license.

E. If the criminal record check indicates that an individual has been convicted of or found by a court to have committed, or is reasonably believed to have committed, offenses pursuant to A.R.S. § 36-594, other than those listed in subsection (B), the Division shall consider the following factors when determining what corrective action to take against the licensee:

1. The extent of the individual's criminal record;

2. Length of time since the commission of the offense;

3. Nature of the offense;

4. Mitigating circumstances surrounding commission of the offense. The burden is on the person to demonstrate that there were mitigating circumstances;

5. The degree of the person's participation in the offense. The burden is on the person to demonstrate that the involvement was not direct; and

6. The extent of the person's rehabilitation, including but not limited to:

a. The person shall prove that probation has been completed and complete restitution or compensation for the offense has been made, and

b. Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling.

7. Personal references attesting to the person's rehabilitation.

F. When an application for a license is denied, or a license is suspended or revoked, pursuant to A.R.S. § 36-594, the Division shall deliver a written notice of the action in person or send a written notice of the action by certified mail to the license applicant or licensee. The notice shall state the reasons for the denial, suspension, or revocation with reference to applicable statutes and rules.

G. If the reason for denial, suspension, or revocation of a license involves the health, welfare, or safety of clients, the clients shall be immediately removed from the Adult Developmental Home.

H. When a license is denied, suspended, or revoked, the license applicant or licensee has the right to appeal the decision pursuant to Article 22.

I. The Division may suspend an Adult Developmental Home license for:

1. Up to six months during an investigation or while the licensee completes a corrective action plan.

2. Up to 12 months due to the temporary inability of the licensee to provide services.

J. No child can be placed in the adult developmental home during a suspended-license status.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). R6-6-1118(H) reference to Article 20 corrected to Article 22 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-1119 Appeals

A. When an application for a license is denied, or a license is suspended or revoked, the Division shall notify the license applicant or licensee of the right of appeal pursuant to R6-6-2201 et seq. (Appeals and Hearings), except that appeals from the decision of a hearing officer shall be in accordance with A.R.S. § 41-1992 (Hearing Officers Powers and Duties).

B. If the license applicant or licensee appeals a licensing decision, the denial, suspension, or revocation of the license shall not become final until the appeal decision is rendered.

C. If the adults placed by the Division have been removed from the home because of a health, welfare, or safety issue, they shall remain out of the home while the appeal is pending.

History

  • Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). R6-6-1119(A) reference to R6-6-2001 corrected to R6-6-2201 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).

Article 12 COST OF CARE PORTION

Ariz. Admin. Code § R6-6-1201 Cost of Care Portion for Services

A. This Article prescribes the cost of care contribution requirements for clients, parents of minor clients, and trusts, estates, and annuities of which the client is a beneficiary. This Article applies to:

1. Non-ALTCS clients receiving any services;

2. ALTCS clients receiving residential services from the Division.

B. The Division may include all services provided in calculating the cost of care for a non-ALTCS client.

History

  • Adopted as an emergency effective October 31, 1978, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 78-5). New Section R6-6-1201 adopted effective July 9, 1979 (Supp. 79-4). Repealed as an emergency effective August 12, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-4). Former Section R6-6-1201 repealed, new Section R6-6-1201 adopted as an emergency effective November 16, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-6). Former Section R6-6-1201 repealed, new Section R6-6-1201 adopted as an emergency effective November 16, 1981 now adopted and amended as a permanent rule effective February 17, 1982 (Supp. 82-1). Correction to emergency effective August 12, 1981, should read: Former Section R6-6-1201 repealed, new Section R6-6-1201 adopted as an emergency effective August 12, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-1). Section repealed, new Section adopted effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Amended under an exemption from A.R.S. Title 41, Chapter 6, effective December 1, 1996; filed in the Office of the Secretary of State November 22, 1996 (Supp. 96-4). Amended by exempt rulemaking at 10 A.A.R. 205, effective January 1, 2004 (Supp. 03-4).
Ariz. Admin. Code § R6-6-1202 Determination of the Cost of Care Portion for Services
  1. The Cost of Care Portion Table (Appendix
  2. shows the percentage of the cost of services that a client is responsible

for paying.

B. The Cost of Care Portion Table (Appendix A) also shows the percentage of the cost of services that the parent of a minor client is responsible for paying.

1. If the parents of a client are not married to each other, the Division determines the cost of care portion based on the custodial parent's income.

2. If the parent is married to an individual who is not legally responsible for the client, the Division determines the parent's cost of care portion using the community income, plus any sole and separate income of the parent.

3. If a parent has more than one minor client receiving services from the Division, the parent's cost of care portion shall not exceed the maximum amount the parent would be required to pay for the minor client receiving the most expensive services.

History

  • Adopted as an emergency effective October 31, 1978, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 78-5). New Section R6-6-1202 adopted effective July 9, 1979 (Supp. 79-4). Repealed as an emergency effective August 12, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-4). Former Section R6-6-1202 repealed, new Section R6-6-1202 adopted as an emergency effective November 16, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-6). Former Section R6-6-1202 repealed, new Section R6-6-1202 adopted as an emergency effective November 16, 1981 now adopted and amended as a permanent rule effective February 17, 1982 (Supp. 82-1). Correction to emergency effective August 12, 1981, should read: Former Section R6-6-1202 repealed, new Section R6-6-1202 adopted as an emergency effective August 12, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-1). Section repealed, new Section adopted effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Amended under an exemption from A.R.S. Title 41, Chapter 6, effective December 1, 1996; filed in the Office of the Secretary of State November 22, 1996 (Supp. 96-4). Amended by exempt rulemaking at 10 A.A.R. 205, effective January 1, 2004 (Supp. 03-4).
Ariz. Admin. Code § R6-6-1203 Determination of the Cost of Care for Services for a Client Who Is the Beneficiary of an Estate, Trust, or Annuity

A. For a client who is the beneficiary of an estate, trust, or annuity, the cost of care for services is the actual cost of all services and programs provided by the Division until the client meets the financial eligibility requirements for federal social security supplemental income benefits or the financial eligibility requirements for the Arizona Long-term Care System.

B. The responsible party shall pay the client's cost of care.

C. When billing a trust, the Division is not limited to the trust income, but shall also bill the trust corpus.

History

  • Adopted as an emergency effective October 31, 1978, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 78-5). New Section R6-6-1203 adopted effective July 9, 1979 (Supp. 79-4). Repealed as an emergency effective August 12, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-4). Former Section R6-6-1203 repealed, new Section R6-6-1203 adopted as an emergency effective November 16, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-6). Former Section R6-6-1203 repealed, new Section R6-6-1203 adopted as an emergency effective November 16, 1981 now adopted and amended as a permanent rule effective February 17, 1982 (Supp. 82-1). Correction to emergency effective August 12, 1981, should read: Former Section R6-6-1203 repealed, new Section R6-6-1203 adopted as an emergency effective August 12, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-1). Section repealed, new Section adopted effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Amended under an exemption from A.R.S. Title 41, Chapter 6, effective December 1, 1996; filed in the Office of the Secretary of State November 22, 1996 (Supp. 96-4). Amended by exempt rulemaking at 10 A.A.R. 205, effective January 1, 2004 (Supp. 03-4).
Ariz. Admin. Code § R6-6-1204 Provisions for Cost of Care Portion from Clients Receiving Residential Services

A. The cost of care portion for a client receiving residential services is based on the amount of income or benefits the client receives, including Social Security, Veteran's, and Railroad Retirement benefits.

B. The client shall keep either 12% or $50 of the client's monthly income or benefits, whichever is greater, until the client's personal savings reach the maximum amount allowed by the federal agency providing the benefits, before federal benefits are cut off.

C. When a client reaches the maximum allowable limit of personal savings as described in subsection (A) the client's monthly cost of care portion is the actual cost of residential services until the client's personal savings drop below the maximum allowable limit.

D. If a client receives a retroactive benefit payment, the client shall retain the greater of either 12% of the total amount of the retroactive payments or the maximum amount allowed by the benefit source before federal benefits are cut off. The client shall pay the rest of the retroactive benefit payments, up to the actual cost of the client's residential services, to the Division to cover the months of placement in residential services for which the benefits are being paid.

E. If a client receiving residential services uses the client's own income to pay either all or part of the rent, food, or utilities, the Division shall reduce the cost of care for the client by the documented amount the client pays for these items.

History

  • Adopted as an emergency effective October 31, 1978, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 78-5). New Section R6-6-1204 adopted effective July 9, 1979 (Supp. 79-4). Repealed as an emergency effective August 12, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-4). Former Section R6-6-1204 repealed, new Section R6-6-12 -04 adopted as an emergency effective November 16, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-6). Former Section R6-6-1204 repealed, new Section R6-6-1204 adopted as an emergency effective November 16, 1981 now adopted and amended as a permanent rule effective February 17, 1982 (Supp. 82-1). Correction to emergency effective August 12, 1981, should read: Former Section R6-6-1204 repealed, new Section R6-6-1204 adopted as an emergency effective August 12, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-1). Former Section R6-6-1204 renumbered to R6-6-1206, new Section R6-6-1204 adopted effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-1204 repealed, new Section renumbered from R6-6-1205 and amended under an exemption from A.R.S. Title 41, Chapter 6 effective December 1, 1996; filed in the Office of the Secretary of State November 22, 1996 (Supp. 96-4). Amended by exempt rulemaking at 10 A.A.R. 205, effective January 1, 2004 (Supp. 03-4). Amended by exempt rulemaking at 16 A.A.R. 1136, effective on June 15, 2010 at request of the Department, Office File No. M10-462, filed December 6, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-6-1205 Billing for the Cost of Care Portion

A. Each year, prior to July 1, the Division shall send a financial information form to each responsible party.

B. The responsible party shall return the financial information form to the Division within 30 days of the date of the request.

C. The responsible party shall provide the following information on the financial information form:

1. Client name;

2. Parent or responsible party name;

3. Parent or responsible party address;

4. Declaration of income from the prior year federal tax return;

5. Declaration of the assets of the client's estate, including any amount held in trust or in an annuity for the benefit of the client; and

6. Date and signature of the individual filling out the form.

D. The responsible party shall provide documentation that fully discloses the assets of the client's estate and a copy of the prior year federal tax return.

E. If the responsible party does not return the financial information form, the Division shall charge 100% of the cost of care. If a change occurs in financial circumstances or family size during any year, the responsible party shall contact the Division to amend the financial statement.

F. The Division shall determine the cost of care portion based on the cost of care and the financial information submitted by the responsible party.

G. Along with the monthly billing, the Division shall provide the responsible party with the information used to determine the cost of care for the client.

H. If the Division does not receive the required cost of care portion for two consecutive months, the Office of Accounts Receivable and Collections shall send a delinquent notice to the responsible party. If the responsible party fails to make the overdue payment within 30 days after the date of the delinquent notice, the Office of Accounts Receivable and Collections may take further action to collect, including requesting a change in the representative payee for benefits or referring the case to the Office of the Attorney General.

I. The Division reserves the right to terminate services to a client for nonpayment.

History

  • Adopted effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-1205 repealed, new Section renumbered from R6-6-1206 and amended under an exemption from A.R.S. Title 41, Chapter 6 effective December 1, 1996; filed in the Office of the Secretary of State November 22, 1996 (Supp. 96-4). Amended by exempt rulemaking at 10 A.A.R. 205, effective January 1, 2004 (Supp. 03-4).
Ariz. Admin. Code § R6-6-1206 Review and Appeal

A. If a responsible party wants a review of the decision for the cost of care portion, the responsible party shall request the review, either orally or in writing, within 10 business days of the date on the billing statement to the Assistant Director, Division of Developmental Disabilities.

B. A responsible party who contests the cost of care portion assessed according to this Article may request a fiscal administrative review pursuant to R6-6-1801 et seq. The responsible party may file a formal appeal as described in R6-6-2201 et seq. after exhausting the fiscal administrative review.

History

  • Section R6-6-1206 renumbered from R6-6-1204 and amended effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-1206 renumbered to R6-5-1205, new Section adopted effective December 1, 1996; filed in the Office of the Secretary of State November 22, 1996 (Supp. 96-4). Amended by exempt rulemaking at 10 A.A.R. 205, effective January 1, 2004 (Supp. 03-4). R6-6-1206(B) reference to R6-6-2001 corrected to R6-6-2201 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).

Article 13 COORDINATION OF BENEFITS; THIRD-PARTY PAYMENTS

Ariz. Admin. Code § R6-6-1301 Information Required at Initial Application and Redetermination

During the initial application process and at each redetermination for eligibility, the applicant shall provide the Division with information on all health insurance which covers, or is available to cover, the person to receive services including, but not limited to, the name of the policyholder, the policyholder's relationship to the person to receive services, social security number of the policyholder, the name, phone number, and address of the insurer, the policy number, and extent of insurance coverage.

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Section repealed, new Section R6-6-1301 renumbered from R6-6-1302 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-1302 Assignment of Rights to Benefits

A. As a condition of eligibility, each applicant shall assign to the Division rights to health insurance payments applicable to the person to receive services and agree to cooperate with the Division in obtaining medical support and insurance payments pursuant to A.R.S. § 36-596.

B. If the responsible person refuses to assign health insurance benefits to the Division, the Division shall deny or terminate eligibility for the client.

C. If the policy holder is someone other than the responsible person and refuses to cooperate with the requirements of this Article, the Division may deny or terminate eligibility for the client.

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-1302 renumbered to Section R6-6-1301, new Section R6-6-1302 renumbered from R6-6-1303 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-1303 Collections of Health Insurance

A. Service providers shall identify and pursue collections of reimbursement from all probable sources of third-party liability.

B. Service providers shall identify and notify the Division of any and all changes in health insurance information for clients.

C. The Division is the payor of last resort for DD/non-ALTCS Division-covered services, unless specifically prohibited by law. Service providers shall submit all claims covered by health insurance to the insurer prior to submitting a claim for payment to the Division.

D. When submitting a claim for payment to the Division, service providers shall include a copy of the explanation of benefits from the health insurer. The Division shall not pay for covered services if the client has insurance coverage which will pay for the service.

E. If a responsible person receives an insurance or benefit payment for a service provided through the Division, the amount received as payment is immediately due and payable to the Division. If the amount is not paid, the Division shall terminate eligibility.

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-1303 renumbered to Section R6-6-1302, new Section R6-6-1303 renumbered from R6-6-1304 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-1304 Monitoring and Compliance

The Division shall monitor third-party payments made to service providers. The Division shall determine whether a service provider is in compliance with the requirements set forth in this Article by inspecting documents to assess:

1. Verifiability and reliability;

2. Appropriateness of recovery attempt;

3. Timeliness of billing;

4. Accounting for reimbursements;

5. Auditing of receipts;

6. Provision of claim and explanation of benefits to the Division;

7. Auditing of receipts;

8. Other monitoring which the Division deems reasonably necessary to ensure compliance.

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-1304 renumbered to Section R6-6-1303, new Section R6-6-1304 renumbered from R6-6-1305 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-1305 Notification of Liens

A. When a service provider renders service to a client, the service provider shall notify the Division with the information listed in R6-6-1305(B) not later than five days after rendering such service for an injury or condition for which a third party may be liable.

B. The service provider shall send the Division the following information:

1. Name of service provider;

2. Address of service provider;

3. Name of client;

4. Client's social security or Division identification number;

5. Address of the responsible person;

6. Date of client's injury or accident;

7. Amount due for care of client;

8. Name of the county in which injuries were sustained; and

9. Names and addresses of all persons, firms or corporations and their insurance carriers which the responsible person asserts may be liable for damages.

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-1305 renumbered to Section R6-6-1304, new Section R6-6-1305 renumbered from R6-6-1306 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-1306 Renumbered

History

  • Adopted effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Former Section R6-6-1306 renumbered to Section R6-6-1305 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).

Article 14 EXPIRED

Ariz. Admin. Code § R6-6-1401 Expired

History

  • Adopted effective January 13, 1981 (Supp. 81-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 14, effective July 31, 2015 (Supp. 15-4).

Article 15 STANDARDS FOR CERTIFICATION OF HOME AND COMMUNITY-BASED SERVICE (HCBS) PROVIDERS

Ariz. Admin. Code § R6-6-1501 Definitions

The following definitions apply in this Article:

1. "AHCCCS provider type" means the descriptive category of service types assigned to a provider by AHCCCS during the registration process for individuals or agencies providing services to ALTCS clients.

2. "Applicant" means an agency or individual that has applied to the Division to become certified or to renew a certificate as an HCBS service provider.

3. "Certified instructor" means an individual who has a current certificate to provide instruction for CPR, First Aid, or client intervention techniques.

4. "Client intervention techniques" means methods which provide an individual with defensive skills for dealing with aggressive behaviors and is designed to reduce the chance of physical injury and property destruction and to prevent reinforcement of those aggressive behaviors.

5. "Compliance audit" means an examination of service provider records and interviews which the Division conducts to assess compliance with HCBS certification.

6. "Corrective action plan" means a specific activity prescribed by the Division which directs the service provider to remedy violations of HCBS certification requirements within a specific period of time.

7. "Direct services" means services provided specifically for the benefit of an individual client.

8. "Direct care" means those services provided to a client which result in attention to personal needs and supervision of the client.

9. "HCBS" or "Home and Community-based Services" means one or more of the following services provided to clients:

a. Attendant Care,

b. Day Treatment and Training for Children or Adults,

c. Habilitation,

d. Home Health Aide,

e. Home Health Nurse,

f. Hospice Care,

g. Housekeeping-Chore/Homemaker,

h. Non-Emergency Transportation,

i. Occupational Therapy,

j. Personal Care,

k. Physical Therapy,

l. Respiratory Therapy,

m. Respite services,

n. Speech/Hearing Therapy,

o. Supported Employment,

p. Other comparable services as approved by the AHCCCS Director.

10. "HCBS certificate" means the document the Division issues to a service provider or applicant as evidence the service provider has met the Home and Community-based Service standards in this Article.

11. "HCBS certification" means the process by which the Division ensures that an applicant or service provider meets the standards in this Article for Home and Community-based Services.

12. "Housekeeping" means providing assistance in the performance of activities related to routine household maintenance at a client's residence but does not include any direct care for the client.

13. "Immediate relative" means natural parent, stepparent, adoptive parent, natural child, natural sibling, adoptive child, adoptive sibling, stepchild, stepbrother, stepsister, spouse, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law.

14. "Medicare certified" means having received Medicare certification through the Arizona Department of Health Services.

History

  • Adopted effective May 12, 1982 (Supp. 82-3). Section R6-6-1501 repealed effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). New Section adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1502 Applicability

This Article applies to an individual or agency that provides or wishes to provide Home and Community-based Services to clients.

History

  • Adopted effective May 12, 1982 (Supp. 82-3). Section R6-6-1501 repealed effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). New Section adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1503 Requirement for an HCBS Certificate

A. No individual shall provide Home and Community-based Services to clients unless the Division has certified the individual in accordance with this Article and, if providing services through ALTCS, registered the applicant with AHCCCS.

B. The Division shall register the applicant with AHCCCS, if required, as part of HCBS certification.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1504 Application for an Initial Hcbs Certificate

A. To become certified to provide a Home and Community-based Service to a client, an applicant shall file an application for an HCBS certificate with the Division and meet the requirements of this Article.

B. The applicant shall complete application for an initial HCBS certificate on a form prescribed by the Division. The form shall contain the following information:

1. Name,

2. Home and business address,

3. Specific services for which application is made,

4. Phone number,

5. Social security number or tax identification number,

6. Self declaration regarding criminal history of offenses listed in R6-6-1514(B) ,

7. Description of work experience, and

8. Description of educational background.

C. The applicant shall provide a copy of any other license or certificate required by this Article to provide a specific service.

D. Except as provided by R6-6-1521, the applicant shall provide forms for three letters of reference to individuals who are not the applicant's family members and who have personal knowledge about the applicant's employment history, education, or character. The letters will be on forms provided by the Division. The individual giving the reference shall send the completed reference form to the Division.

E. The Division shall be in receipt of a completed application and three letters of reference before considering certification of the applicant.

F. The applicant shall provide the Division with written documentation signed by the person performing the inspection of the completion of the requirements of R6-6-1505.

G. Within 60 days of receipt of an application, the Division shall notify the applicant of any missing documents or information. The Division shall allow 30 days from the date of notification to the applicant for submission of the remaining documents or information and, if not received at that time, may close the record.

H. The Division shall conduct background checks with Child Protective Services and Adult Protective Services on applicants when information in the application indicates a past history of child or elder abuse. The Division shall utilize the background check information when determining whether to certify an applicant.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1504.01 Time-frame for Granting or Denying an Hcbs Certificate

For the purpose of A.R.S. § 41-1073, the Division establishes the following HCBS certificate time-frames:

1. Administrative completeness review time-frame:

a. For an initial certificate, 60 days;

b. For a renewal certificate, 25 days; and

c. For an amended certificate, 25 days.

Substantive review time-frame:

a. For an initial certificate, 60 days;

b. For a renewal certificate, 5 days; and

c. For an amended certificate, 5 days.

3. Overall time-frame:

a. For an initial certificate, 120 days;

b. For a renewal certificate, 30 days; and

c. For an amended certificate, 30 days.

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1504.02 Administrative Completeness and Substantive Review Process

A. The Division shall send the applicant a written notice within the administrative completeness review time-frame indicating that the application package is either complete or incomplete.

B. If the application package is incomplete, the Division shall list the missing information in the notice and ask the applicant to supply the missing information within 30 days from the date of notice. If the applicant fails to do so, the Division may close the file.

C. An applicant whose file has been closed and who later wishes to become certified may reapply to the Division. The administrative completeness time-frame starts over when the Division receives the written request to reapply.

D. When the application is complete, the Division shall complete a substantive review of the applicant's qualification. The Division shall:

1. Review the application form and all required documents to ensure compliance with this Article,

2. Conduct CPS/APS background checks, and

3. Verify previous licensure or certification.

E. If an HCBS certificate is denied, the Division shall send a notice to the applicant and include the following information:

1. The reason for the denial with citation to supporting statutes or rules,

2. The applicant's right to appeal the denial, and

3. The time periods for appealing the denial.

F. An applicant shall submit an HCBS certificate application package to DES/DDD, P.O. Box 6123, Site Code 791A, Phoenix, Arizona 85005-6123, Attention: HCBS Certification Unit.

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1504.03 Contents of a Complete Application Package - Initial Certificate

An initial application package is complete when the Division has all of the following information:

1. From the applicant, a completed application form as prescribed in R6-6-1504(B); and

2. From the applicant, the following documents listed on the application form:

a. A completed AHCCCS provider participation agreement form as prescribed in R6-6-1503 which contains the following information:

i. The applicant's name, social security number or tax identification number, and business address;

ii. Terms of the agreement between the provider and AHCCCS; and

iii. Signature of the applicant.

b. A completed declaration of criminal history as prescribed in R6-6-1504(B)(6) on a Division form which contains the following information:

i. Name of the applicant,

ii. Social security number,

iii. Date of birth,

iv. Applicant address,

v. A declaration of whether or not the applicant has committed any of the crimes listed in R6-6-1514, and

vi. Dated signature.

c. Documentation showing that fingerprints have been taken as prescribed in R6-6-1506;

d. Documentation showing current CPR training as prescribed in R6-6-1520;

e. Documentation showing current First Aid training as prescribed in R6-6-1520;

f. Documentation showing Article 9 review as prescribed in R6-6-1520;

g. Documentation showing that the applicant has a current driver's license, vehicle registration, and liability insurance as prescribed in R6-6-1520(D);

h. Copies of any applicable professional license or certification as prescribed in R6-6-1504(C); and

i. AHCCCS provider registration form as prescribed in R6-6-1503 which contains the following information:

i. Name, social security number, and Federal Employer Identification (FEI) number of the applicant;

ii. Physical and mailing address of the applicant;

iii. Telephone number and telefacsimile number, if applicable for the applicant;

iv. Categories of service provided;

v. Changes from the prior year, if necessary;

vi. AHCCCS provider identification number;

vii. Districts and counties served;

viii. Place and date of birth; and

ix. Dated signature.

3. From sources other than the applicant, the documents listed on the application form as follows:

a. Three letters of reference as prescribed in R6-6-1504(D), and

b. Documentation showing that the applicant's home or office has passed:

i. A fire inspection as prescribed in R6-6-1505, and

ii. A health and safety inspection as prescribed in R6-6-1505.

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1504.04 Contents of a Complete Application Package - Renewal Certificate

A renewal application is complete when the Division has all the following information:

1. From the applicant, the following items:

a. AHCCCS provider registration form;

b. Documentation of current CPR and First Aid training, current driver's license, and applicable professional licenses and certifications, if prior documentation has expired;

c. A completed declaration of criminal history every three years since the date of initial certification; and

d. Documentation that fingerprints have been taken at three-year intervals.

2. From sources other than the applicant, documentation that the applicant's home or office has passed a fire inspection every two years since the date of initial certification.

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1504.05 Contents of a Complete Request for an Amended Certificate

A request for an amended HCBS certificate is complete when the Division has the following information:

1. AHCCCS provider registration form, and

2. Documentation to support the requested change.

History

  • Adopted effective February 1, 1998 (Supp. 98-1).
Ariz. Admin. Code § R6-6-1505 Setting Requirements for Hcbs Service Providers

A. Except as provided by R6-6-1521, the applicant shall cooperate with an initial health and safety inspection by ensuring the residence or facility which the applicant owns, rents, or leases, and in which the services are to be provided, if other than the client's home is fully accessible to an inspector approved by the Division. The health and safety inspection focuses on such areas as general appearance and cleanliness of the residence or facility, heating and cooling, ventilation, lighting, safety hazards, swimming pools, yard, and the storage of toxic materials and medicines.

B. Except as provided by R6-6-1521, the applicant shall have a fire department or individual approved by the Division perform a fire inspection at the time of initial application and every two years after, on each residence or facility which the applicant owns, rents, or leases, and in which services are to be provided, unless the services are provided in the client's home. The applicant shall maintain the results of the fire inspection on file.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1506 Fingerprinting Requirements

A. Except as otherwise provided by R6-6-1521, each applicant shall be fingerprinted by:

Filing a request with the Department on a form prescribed by the Department and paying the applicable fees; or

Filing a request with an agency authorized by state or federal statute to obtain fingerprints, paying the applicable fees, and having the fingerprints forwarded to the Department of Economic Security's Office of Special Investigations, located in Phoenix, Arizona.

B. Except as otherwise provided by R6-6-1521, the following individuals shall be fingerprinted for a criminal record check at the time of initial application or initial employment, and every three years from the date of clearance, thereafter:

All applicants, including individuals and agency administrators;

2. Direct-care staff;

3. Supervisors of direct-care staff; and

4. All individuals age 18 and above who reside in the home when services are to be delivered in the applicant or service provider's home.

C. Each applicant who has been fingerprinted shall maintain a file which includes:

1. A clearance letter from the Department dated within six months of the date the fingerprints were taken; or

2. A copy of a letter sent by the service provider to the Division stating that the clearance letter was not received within the required six months.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1507 Application for an Hcbs Certificate Renewal

A. The Division shall send a notice of renewal to the service provider 60 days prior to the expiration of the HCBS certificate.

B. Not more than 30 days and not less than 10 days prior to the expiration date of a current HCBS certificate, an applicant shall apply to the Division for renewal on a form provided and prescribed by the Division. The form shall contain the following information:

1. Name;

2. Home and business address;

3. Social security number or tax identification number;

4. AHCCCS registration number;

5. Phone number; and

6. Any services which the applicant wishes to:

a. Provide in addition to services currently on the HCBS certificate; or

b. Delete from services currently on the HCBS certificate.

C. The applicant shall include a copy of current licenses and training as required by this Article.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1508 Issuing an Hcbs Certificate

A. The Division shall issue a new or renewal HCBS certificate to the applicant when it determines that:

1. The applicant meets the fingerprinting requirements provided by R6-6-1506;

2. Each applicant and the direct-care staff of a contracted agency possess any license, have completed any training, and have the professional experience required by this Article; and

3. The applicant demonstrates the ability, knowledge, experience, and fitness through personal references and past history to provide these services.

B. The HCBS certificate shall specify the services the applicant is certified to provide.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1509 Duration of an Hcbs Certificate

A. An initial HCBS certificate is valid for one year from the date of issuance or a lesser period if so specified on the HCBS certificate.

B. A renewal HCBS certificate is valid for one year from the date of issuance or a lessor period if so specified on the HCBS certificate.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4). Amended effective June 4, 1998 (Supp. 98-2).
Ariz. Admin. Code § R6-6-1510 Amending an Hcbs Certificate

A. A service provider shall request an amendment to the HCBS certificate when any of the following information or circumstances change:

1. Name, address, or telephone number;

2. Addition of a service to the Division's service contract;

3. Deletion of a service to the Division's service contract;

4. Change in the Tax ID#; or

5. Change in AHCCCS provider type.

B. The service provider shall file a request for amendment not more than 30 days after the change by sending a written request to the Division.

C. The Division shall mail the service provider written notice of amendment approval or denial within 30 days of receipt of the written request.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1511 Maintenance of an Hcbs Certificate

During the term of the HCBS certificate, each service provider shall keep the following requirements current:

1. Fingerprinting as provided by R6-6-1506;

2. Licensure, training, and professional experience as required in this Article; and

3. Records, as provided by R6-6-1519.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1512 Compliance Audit of Hcbs Service Providers

A. The Division shall conduct a compliance audit of each HCBS service provider's records at least every two years. The Division shall schedule with the service provider the record audit at least two business days in advance.

B. The Division may conduct an unscheduled compliance audit as a result of a complaint or noncompliance issue.

C. The individual or contracted agency shall cooperate with the compliance audit conducted by the Division by:

1. Making available the following information to the Division:

a. Fingerprint clearance letters for each individual as provided by R6-6-1506(B);

b. Written documentation of completion of a current Cardiopulmonary Resuscitation (CPR) certificate for each individual service provider and direct-care staff as provided by R6-6-1520(A)(1)(b);

c. Written documentation of current First-aid training for each individual service provider and direct-care staff as provided by R6-6-1520(A)(1)(c);

d. Written documentation that each individual service provider and direct-care staff has reviewed Article 9, except as provided by R6-6-1521;

e. Copies of three references for each direct-care staff as provided by R6-6-1504(D);

f. Written documentation showing that each individual service provider and direct-care staff has completed training in client intervention techniques as provided by R6-6-1520(C);

g. Written documentation showing that the individual providing service has received an orientation to the specific needs of each client served prior to the delivery of service, as provided by R6-6-1520(A)(1)(a);

h. A copy of a current valid driver's license, valid registration, and current liability insurance coverage as required by A.R.S. Title 28, Chapter 3, 4, and 7 for each individual providing transportation for a client;

i. Written documentation of any other training required by this Article; and

j. Written documentation of the date of hire for each direct-care staff of a contracted agency.

2. Allowing the Division to interview employees; and

Participating in the compliance audit entrance and exit conferences with Division employees.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1513 Complaints

A. Any person who has a complaint about an HCBS service provider may register an oral or written complaint with the Division.

B. If the complainant provides his or her name and address at the time the complaint is registered, the Division shall, within 30 days, send the complaining party notice that the complaint was received and of the action to be taken on the complaint.

C. The Division shall investigate complaints about the HCBS service provider within 10 calendar days of the receipt of the complaint. The Division shall notify the service provider that an investigation is in progress and provide an opportunity for the service provider to relate any information known regarding the complaint. If the Division has reasonable cause to believe that imminent danger exists, the Division shall conduct the investigation immediately, report to the appropriate authorities, if applicable, and provide notice to the service provider that an investigation is in progress.

D. The Division shall notify the service provider of the results of an investigation through a summary of the investigative findings conducted pursuant to this rule and any corrective action. The Division may release the summary investigative findings by request to the responsible person or client, unless prohibited by A.R.S. §§ 41-1959 and 36-568.01.

E. Complaints are not considered a formal grievance. A grievance may be filed with the Division pursuant to R6-6-1801 et seq.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1514 Denial, Suspension, or Revocation of an Hcbs Certificate

A. The Division may deny, suspend or revoke an HCBS certificate or an amendment to an HCBS certificate for any one or a combination of the following:

1. An applicant or service provider refuses to cooperate in providing information as required in this Article; or

2. An applicant or service provider violates applicable provisions of Articles 1, 9, 15, and 16.

B. The Division may deny or revoke an HCBS certificate if an applicant, individual service provider, or agency administrator has been convicted of, pled no contest to, or is currently awaiting trial on any of the following criminal acts:

1. Sexual abuse of a child or vulnerable adult,

2. Incest,

3. First- or second-degree murder,

4. Kidnapping,

5. Arson,

6. Sexual assault,

7. Sexual exploitation of a child or vulnerable adult,

8. Commercial sexual exploitation of a child or vulnerable adult,

9. Felony offenses within the previous 10 years involving the manufacture or distribution of marijuana or dangerous or narcotic drugs,

Robbery,

11. Child prostitution as defined in A.R.S. § 13-3206,

12. Child abuse or abuse of a vulnerable adult,

13. Sexual conduct with a child,

14. Molestation of a child or vulnerable adult,

15. Voluntary manslaughter, or

16. Aggravated assault.

C. Upon notification that an agency employee is found to have been convicted of, awaiting trial on, or pled no contest to any of the criminal acts listed in R6-6-1514(B), an agency shall immediately take the following actions:

1. Remove the employee from direct contact with clients; and

2. Notify the Division, unless the agency initially received notice from the Division.

D. If an agency fails to comply with R6-6-1514(C), the Division may deny or revoke the agency HCBS certificate.

E. Upon notification that an individual service provider has been convicted of, pled no contest to, or is currently awaiting trial on any of the criminal acts listed in R6-6-1514(B), the Division shall immediately take the following action to assure that the individual service provider has no direct contact with the client:

1. Prohibit the service provider from rendering services to the client,

2. Notify the responsible person, and

3. Prevent further authorization for service with the service provider.

F. If the criminal records check pursuant to R6-6-1506(B) indicates that an individual service provider, agency administrator, a direct-care staff person or the supervisor of a direct-care staff person has been convicted of or found by a court to have committed, or is reasonably believed to have committed, the offenses listed in A.R.S. § 36-594, other than those listed in R6-6-1514(B), the Division shall consider the following factors when determining what action to take regarding HCBS certification:

1. The extent of the individual's criminal record;

2. Length of time since the commission of the offense;

3. Nature of the offense;

4. Mitigating circumstances surrounding commission of the offense;

5. The degree of the individual's participation in the offense;

The extent of the individual's rehabilitation, including but not limited to:

a. Completion of all terms of probation, and

b. Payment of all restitution or compensation for the offense, and

c. Evidence of positive action to change criminal behavior such as completion of a drug treatment program or counseling,

d. References attesting to the individual's rehabilitation;

7. The individual has the burden of providing evidence of mitigating factors listed in subsection (F).

G. If the reason for denial, suspension, or revocation of a certificate involves a threat to the health, welfare, or safety of clients, the service provider shall not render services to a client.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4). Typographical correction made to subsection reference in R6-6-1514(F)(7) (Supp. 96-4).
Ariz. Admin. Code § R6-6-1515 Corrective Action Plan

A. In lieu of revocation or suspension, the Division may require a service provider to implement a corrective action plan to correct HCBS certification deficiencies when:

1. Allowing the service provider to continue services is in the best interest of the clients; and

2. The client's health, safety, or welfare will not be jeopardized.

B. The following conditions may result in a request for corrective action:

1. Certificate in CPR or training in First Aid for an individual service provider or direct-care staff is not current;

2. Written documentation of an orientation to the specific needs of each client is not available;

3. Required training is not documented or not completed; or

4. Fire inspection cannot be obtained within the time provided by R6-6-1505(B) . The burden is on the service provider to document the inability to obtain a fire inspection.

C. The Division shall notify the service provider in writing of each deficiency, the corrective action to be taken, and the deadlines for all corrective action.

D. The service provider shall develop a corrective action plan and submit it to the Division.

E. If the service provider does not provide the Division with written documentation showing the completion of corrective action by the deadlines in the notice of deficiency, the Division may revoke or suspend the HCBS certificate pursuant to R6-6-1514.

F. The Division's decision to require a corrective action plan is not subject to administrative review pursuant to R6-6-1516.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1516 Right to Administrative Review

A. An applicant or service provider may request an administrative review pursuant to R6-6-1801 et seq. when the Division denies, suspends or revokes an HCBS certificate.

B. The Division shall provide written notice at the time of the action to the applicant or service provider of the right to an administrative review.

C. An appeal of any decision rendered in an administrative review shall be conducted in accordance with R6-6-2201 et seq., "Appeals and Hearings."

D. An appeal of the decision of a hearing officer is conducted in accordance with A.R.S. § 41-1992.

E. When a service provider timely appeals the decision to suspend or revoke an HCBS certificate, pursuant to R6-6-2201 et seq., revocation or suspension shall not become effective until the final administrative or judicial decision is rendered, except for suspensions made under A.R.S. § 41-1064(C).

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4). R6-6-1516(C) and (E) references to R6-6-2001 corrected to R6-6-2201 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-1517 Reporting Obligations of Hcbs Service Providers

A. If the following types of incidents occur while a client is in the direct care of a service provider, the service provider shall immediately report to the Division:

1. The death of a client;

2. Alleged neglect or abuse of a client;

3. An incident related to a client that involves law enforcement personnel, emergency services, emergency medical care, the media, or emergency medical techniques;

4. Suicide attempts by a client; and

5. Community complaints about a client.

B. The service provider shall report a missing client to law enforcement officials and the Division as soon as the service provider determines that the client is missing.

C. The service provider shall cooperate in any investigation by obtaining and providing any available information related to the incident to the Department or a law enforcement agency conducting the investigation.

D. The report shall include at a minimum:

1. The full name of the client,

2. The name and phone number of the individual making the report, and

3. A summary of the circumstances.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1518 Rights of Clients

All service providers shall observe the rights of clients listed in A.R.S. § 36-551.01 and A.A.C. R6-6-102.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1519 Records

A. Each service provider shall maintain, as required in this Article, the applicable records listed in subsection (B). Each individual service provider shall maintain his or her own records and may do so by making arrangements with the Division to keep current records on file with the Division. Each agency service provider shall maintain these records for all agency employees as required by this Article.

B. The records shall include the following items:

1. Verification of fingerprints taken as provided by R6-6-1506, a copy of the clearance letter provided by R6-6-1506(C)(1) and the declaration regarding criminal history provided by R6-6-1504(B)(6);

2. Written documentation of a current certificate for CPR and training in First Aid;

3. Current license and any other certificate required by this Article;

Written documentation that any training required in this Article has been completed;

5. Proof that each employee is at least 18 years old;

6. Reference letters for each direct-care staff and supervisor of direct-care staff of an agency;

7. Written documentation that each service provider or direct-care staff has the experience required in this Article; and

8. Copies of all other documents required by this Article.

C. Each individual making a written entry into personnel or client records shall initial the entry. All entries shall be:

1. Legible,

2. Typed or written in ink,

3. Dated, and

4. Factual and correct.

D. All training documentation shall be signed and dated by the trainer or individual designated to confirm training documentation.

E. If required records are kept in more than one location, the service provider shall maintain a list indicating the location of the records.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1520 Basic Qualifications, Training, and Responsibilities

A. The following minimum requirements apply to all agency service providers:

1. When a Home and Community-based Service is delivered, a direct-care staff who has completed the following required training and orientation shall be present, except as provided by R6-6-1521 :

a. Orientation to the specific needs of the client being served;

b. CPR to meet the needs of the client and provided by a certified instructor;

c. First aid, provided by a certified instructor unless the direct-care staff is a licensed registered nurse (R.N.), LPN, Certified Nursing Assistant, or a Physical, Occupational, Respiratory, or a Speech/Hearing therapist; and

d. Article 9 review.

2. A direct-care staff shall complete the following training before working alone with clients. The training shall occur no later than 90 calendar days from the date of hire with the agency, except as provided by R6-6-1521 :

a. CPR, provided by a certified instructor to meet the needs of the client served;

b. First aid, provided by a certified instructor, unless the direct-care staff is a licensed R.N., LPN, Certified Nursing Assistant, or a Physical, Occupational, Respiratory, or a Speech/Hearing therapist; and

c. Article 9 Review.

B. All individual service providers providing direct care to clients shall complete the training and orientation listed in R6-6-1520(A)(1) prior to delivering services, except as provided by R6-6-1521 :

C. Each individual service provider and direct care staff of an agency shall complete client intervention techniques training if indicated in the ISPP or requested by the parent or guardian. CIT training shall be provided by a certified instructor.

D. Each individual service provider and direct-care staff of an agency who transports clients shall maintain a current valid driver's license, valid registration, and current liability insurance coverage as required by A.R.S. Title 28, Chapters 3, 4, and 7.

E. When providing housekeeping services, an individual or direct-care staff is exempt from the requirements of R6-6-1520.

F. Each service provider and direct-care staff shall comply with Article 9, except R6-6-902(B) does not apply when services are provided in the client's home.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1521 Additional Qualifications for Attendant Care Services

A. An individual who wishes to provide Attendant Care services and is not an immediate relative of the client shall comply with this Article in order to obtain an HCBS certificate.

B. The Division shall not compensate a spouse to provide Attendant Care services to the other spouse.

C. Immediate relatives may provide Attendant Care services except as required in subsection (B), and a client's natural, adoptive, or stepparent may only provide Attendant Care services to a client who is 21 years of age or older.

D. When a client is age 21 years or older and a parent provides Attendant Care services, the parent shall apply for an HCBS certificate and shall have:

1. A current CPR certificate,

2. Current training in First Aid, and

3. Training in such other subjects as indicated in the ISPP.

E. When a client's immediate relative other than the client's parent, provides the client with Attendant Care services, the immediate relative shall apply for an HCBS certificate and shall have:

1. Current CPR certificate,

2. Current training in First Aid,

3. Written documentation of a health and safely inspection unless the services are provided in the client's home,

4. Written documentation of a fire inspection unless the services are provided in the client's home, and

5. Such other training as indicated in the ISPP.

F. An immediate relative shall comply with the fingerprinting requirements in R6-6-1506 when:

1. The client is under age 18, and

2. The client is age 18 or older and does not live with the immediate relative providing Attendant Care services.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1522 Additional Qualifications for Day Treatment and Training Services

In addition to the general requirements in R6-6-1520, each individual who provides Day Treatment and Training services shall:

1. Have at least three months' experience in conducting group or individual activities related to specific developmental, habilitative, or recreational programs, or be supervised by an individual with such experience; and

2. Have completed training, approved by the Division, in early childhood development when working with children who are under age 6.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1523 Additional Qualifications for Habilitation Services

In addition to the general requirements in R6-6-1520, each direct care staff of an agency and each individual service provider who provides Habilitation services shall:

1. Have at least three months' experience implementing and documenting performance in individual programs;

2. Have both three months' experience in providing either respite or personal care, and have received training, approved by the Division, in implementing and documenting performance; or

3. Perform three months of habilitation services under the direct supervision of an individual who is qualified to provide habilitation under subsection (1) or (2).

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1524 Additional Qualifications for Home Health Aide Services

In addition to the general requirements in R6-6-1520, only a Medicare-certified home health agency shall perform Home Health Aide services.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1525 Additional Qualifications for Home Health Nurse Services

A. In this Section, "not available" means that the Division has made an effort to procure Home Health Nurse services through a Medicare-certified home health agency but one cannot be contracted with in the geographic location to provide these services.

B. In addition to the general requirements in R6-6-1520, Home Health Nurse services shall be provided through:

1. A Medicare-certified home health agency; or

2. A home health agency licensed by the state of Arizona which only allows an R.N. to provide nursing service, if a Medicare-certified home health agency is not available; or

3. An independent R.N. currently licensed to practice professional nursing by the Arizona Board of Nursing, if a Medicare-certified home health agency is not available.

C. An R.N. or an L.P.N. who is supervised by an R.N. shall provide home health nursing. Services may be provided through a Medicare-certified home health agency, a licensed home health agency, or by an independent nurse currently licensed to practice professional nursing by the Arizona Board of Nursing.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1526 Additional Qualifications for Hospice Services

In addition to the general requirements in R6-6-1520, services shall be provided by a Hospice:

1. Licensed by the Arizona Department of Health Services, and

2. Certified by Medicare.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1527 Additional Qualifications for Housekeeping Services

In addition to the general requirements in this Article, each individual who provides housekeeping services shall receive an orientation to the specific housekeeping needs of the client.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1528 Additional Qualification for Occupational Therapy Services

In addition to the general requirements in R6-6-1520, each individual who provides Occupational Therapy services shall be currently licensed as an Occupational Therapist by the state of Arizona, Board of Occupational Therapy Examiners.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1529 Additional Qualifications for Personal Care Service

In addition to the general requirements in R6-6-1520, each individual who provides Personal Care services shall:

1. Have at least three months experience in providing assistance to an individual to meet essential personal physical needs, such as showering, bathing, toileting, and eating; and

2. Complete training approved by the Division in home accident prevention.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1530 Additional Qualifications for Physical Therapy Services

In addition to the general requirements in R6-6-1520, each individual who provides Physical Therapy services shall be currently licensed as a Physical Therapist by the state of Arizona, Board of Physical Therapy Examiners.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1531 Additional Qualifications for Respiratory Therapy Services

In addition to the general requirements in R6-6-1520, each individual who provides Respiratory Therapy services shall be currently licensed as a Respiratory Therapist by the state of Arizona, Board of Respiratory Care Examiners.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1532 Additional Qualifications for Respite Services

In addition to the general requirements in R6-6-1520, each individual who provides Respite services shall have at least three months' experience in providing assistance to an individual to meet essential personal physical needs as described in R6-6-1529.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-6-1533 Additional Qualifications for Speech/hearing Therapy Services

In addition to the general requirements in R6-6-1520, each individual who provides Speech/Hearing Therapy services shall:

1. Have a Master's degree in speech-language pathology,

2. Have a Certificate of Clinical Competence from the American Speech and Hearing Association, and

3. Have a current membership card from the American Speech-Language Hearing Association.

History

  • Adopted effective February 1, 1996; filed in the Office of the Secretary of State December 26, 1995 (Supp. 95-4).

Article 16 ABUSE AND NEGLECT

Ariz. Admin. Code § R6-6-1601 Reporting Procedures

A. Any employee of an agency contracting with the Department to provide services (service provider) who must physically defend self or others against a client's aggressive behavior shall use the minimum amount of force necessary to control the situation and shall immediately report the incident to the employee's supervisor or the District Program Manager and record the incident in the daily log or client record.

B. Any employee of a service provider who injures a client shall immediately report the incident to the employee's supervisor or the District Program Manager and record the incident in the daily log or client incident record.

C. Any employee of a service provider who observes abusive treatment or neglect of a client shall intervene on the client's behalf and shall immediately report the incident to the employee's supervisor or the District Program Manager and record the incident in the daily log or client incident record.

D. All cases of possible abusive treatment or neglect of a client shall be reported immediately by an employee of a service provider to his supervisor or the District Program Manager and the employee shall record the incident in the daily log or client incident record.

E. An employee of a service provider shall report to the employee's supervisor or the District Program Manager any situation in which another employee intimidates a client, parent, guardian, or fellow employee in connection with or to prevent the reporting of any incident described above.

F. Whenever an employee of a service provider reports to the employee's supervisor an incident as described above, that supervisor shall report the incident immediately to the District Program Manager.

History

  • Adopted effective June 23, 1981 (Supp. 81-3). Amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-1602 Investigation

A. Upon receipt of an incident report, the District Program Manager shall initiate an investigation of the incident.

B. The supervisor to whom a case of possible abusive treatment or neglect of a minor client is reported shall refer the matter immediately to Child Protective Services for investigation.

History

  • Adopted effective June 23, 1981 (Supp. 81-3). Amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).
Ariz. Admin. Code § R6-6-1603 Medical Evaluation

A. The employees of a service provider immediately shall refer any client who appears to have been abused, neglected, or injured for medical evaluation by nursing staff. If nursing staff is unavailable, the client shall be referred immediately to a licensed physician.

B. If the nursing staff, during the course of any medical evaluation, notes any injury to a client which is not clearly due to an accidental cause, it shall arrange for the client to be seen immediately by a licensed physician. The physician shall examine the client for signs of neglect and abusive treatment and send a written report to the District Program Manager within seven days.

History

  • Adopted effective June 23, 1981 (Supp. 81-3). Amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).

Article 17 EXPIRED

Ariz. Admin. Code § R6-6-1701 Expired

History

  • Adopted effective April 30, 1981 (Supp. 81-2). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-1702 Expired

History

  • Adopted effective April 30, 1981 (Supp. 81-2). Amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-1703 Expired

History

  • Adopted effective April 30, 1981 (Supp. 81-2). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-1704 Expired

History

  • Adopted effective April 30, 1981 (Supp. 81-2). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-1705 Expired

History

  • Adopted effective April 30, 1981 (Supp. 81-2). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-6-1706 Expired

History

  • Adopted effective April 30, 1981 (Supp. 81-2). Amended effective June 7, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-2). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 4308, effective August 30, 2005 (Supp. 05-4).

Article 18 ADMINISTRATIVE REVIEW

Ariz. Admin. Code § R6-6-1801 Definitions

A. An Administrative Review shall be available to any person aggrieved by a decision of the Department. An Administrative Review is preliminary to those rights set forth in R6-6-2201 et seq.

B. The Department shall give written notice to persons served directly or indirectly by the Department informing them of the right to an Administrative Review in any decisions by a District Program Manager relating to:

1. Eligibility, admission, placement evaluation, and assignment to services.

2. Care and treatment, transfer or substantial change in service.

3. Termination of, or discharge from, a service

4. Fee for service.

C. Grievances related to decisions by the program contractor for licenses or involving DD/ALTCS clients and ALTCS service providers are separately addressed in R6-6-1803 and R6-6-1804 respectively.

D. Written notice shall be in English and, when appropriate and reasonably possible to do so, in the primary language of the grievant. When the primary language is not a written language, such notice shall be provided in the language spoken or mode of communication used by the grievant.

In addition to the definitions in Article 1 of this Chapter, the following definitions apply to this Article:

1. "Action" means:

a. Denial or termination of eligibility for Division services;

b. The imposition of or increase in financial contribution to cost of services determined under Article 12 of this Chapter;

c. The denial or limited authorization of a requested service solely funded by state dollars including the type or level of service;

d. The reduction or termination of a previously authorized service solely funded by state dollars; or

e. The denial, suspension, or revocation of a Home and Community-based Services (HCBS) certificate under Article 15 of this Chapter.

2. "Administrative Decision" means the Division's written decision resulting from an Administrative Review.

3. "Appeal" means a request for a hearing pursuant to Article 22 under this Chapter to adjudicate the Division's Administrative Decision or proceeding pursuant to R6-6-1808(B)(1).

4. "Applicant" means an adult, guardian of an adult, or a parent or guardian of a minor, who has applied for eligibility for Division services.

5. "Day" means calendar day unless otherwise specified.

6. "Department" means the Arizona Department of Economic Security.

7. "Division" means the Division of Developmental Disabilities within the Department.

8. "HCBS" and "Home and Community-based Services" mean the same as in R6-6-1501.

9. "Member" means an individual enrolled with the Division.

10. "Representative" means an individual authorized in writing by the Requestor to represent the Requestor during the Administrative Review process.

11. "Requestor" means an Applicant, Member, other Responsible Person, or Home and Community-based Services (HCBS) certificate applicant or holder affected by an Action.

12. "Responsible Person" means the same as in A.R.S. § 36-551.

13. "Working Day" means 8:00 am to 5:00 pm Monday through Friday, excluding state observed holidays.

History

  • Adopted effective March 8, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-1801 repealed, new Section R6-6-1801 renumbered from R6-6-1802 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). R6-6-1801(A) reference to R6-6-2001 corrected to R6-6-2201 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1). Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.
Ariz. Admin. Code § R6-6-1802 Applicability

These procedures are applicable to all grievances except those listed in R6-6-1801(C) .

1. A party aggrieved by the decision of a District Program Manager or any member of an Individual Service and Program Plan (ISPP) Team, may, within 35 calendar days of the decision or disagreement, file a written request for an Administrative Review with the Division's Compliance and Review Unit.

2. If a District Program Manager takes no action as to the resolution of a disagreement, the grievant may, within 60 calendar days, forward a written request for an Administrative Review to the Division's Compliance and Review Unit.

3. The Division's Compliance and Review Unit shall review the request for an Administrative Review and render a written decision within 30 calendar days of receipt of the request.

4. While an Administrative Review is pending, there shall be no change in status except in the event of an emergency.

This Article establishes an Administrative Review process for a Requestor challenging a Division Action. This Article applies only to:

1. Division eligibility;

2. Programs and services provided through the Division that are not funded by Medicaid (Title XIX of the Social Security Act); and

3. Home and Community-based Services (HCBS) certificates pursuant to Arizona Administrative Code, Title 6, Chapter 6, Article 15.

History

  • Adopted effective March 8, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-1802 renumbered to R6-6-1801, new Section R6-6-1802 renumbered from R6-6-1803 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.
Ariz. Admin. Code § R6-6-1803 Notice

The party aggrieved by a decision of the Department relating to a license may directly appeal the decision as prescribed in R6-6-2201 et seq.

A. When taking an Action, the Division shall give written notice to the Applicant, Member, other Responsible Person, Home and Community-based Services (HCBS) certificate applicant or holder subject to the Action, or the person's representative, if applicable.

B. The notice shall include the following:

1. The Action the Division has taken or intends to take;

2. The specific reason for the Action;

3. The effective date of the Action, if applicable;

4. The right to request Administrative Review; and

5. The procedures for requesting Administrative Review.

History

  • Adopted effective March 8, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-1803 renumbered to R6-6-1802, new Section R6-6-1803 renumbered from R6-6-1804 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). R6-6-1803 reference to R6-6-2001 corrected to R6-6-2201 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1). Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.
Ariz. Admin. Code § R6-6-1804 Who May File a Request for Administrative Review

A. The DD/ALTCS client or ALTCS service provider desiring an Administrative Review shall first attempt to resolve the complaint through informal communication with the appropriate Health Plan representative or the District Program Manager.

B. If the client or service provider is dissatisfied with the informal decision of the Health Plan or District Program Manager, a written request for an Administrative Review shall be filed with the Division's Compliance and Review Unit not later than 35 calendar days after the adverse action.

C. If the Health Plan or District Program Manager takes no action as to the resolution of a disagreement, the grievant may, within 60 calendar days of the adverse action, file a written request for an Administrative Review with the Division's Compliance and Review Unit.

D. The Division's Compliance and Review Unit shall review the written request and render a written decision within the times prescribed under ALTCS (A.A.C. R9-28-802 or R9-28-804 ).

The following persons may request an Administrative Review:

1. A Requestor; or

2. A Representative. If a Representative is acting on behalf of the Member or Applicant, the Representative shall submit a valid Health Information Portability and Accountability Act authorization. The Representative may not charge a fee for the representation unless the Representative is the Member's or Applicant's attorney.

History

  • Adopted effective March 8, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-1804 renumbered to R6-6-1803, new Section R6-6-1804 renumbered from R6-6-1805 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.
Ariz. Admin. Code § R6-6-1805 Filing a Request for Administrative Review

An appeal of any Administrative Review decision shall be governed by the procedures set forth in R6-6-2201 et seq.

A. A Requestor or Representative shall file a request for Administrative Review with the Division no later than 30 days following the date of the notice.

B. A Requestor or Representative may request an Administrative Review orally or in writing, including mail, email, fax, and hand-delivered hard copy.

C. The Division shall consider the request for Administrative Review filed on the date that the Division received the request as established by a date stamp on the request or other record of receipt. In the absence of a date stamp or other record of receipt:

1. If the request is transmitted via United States Postal Service, the date received shall be shown by the post mark, or postage meter mark of the envelope.

2. If the request is transmitted via facsimile and there is no record of receipt, then the date received shall be shown by the date on the written request.

D. The Division shall send the Requestor or Representative who filed the request a written acknowledgement of receipt of the request for Administrative Review within five working days of receiving the request.

History

  • Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-1805 renumbered to R6-6-1804, new Section R6-6-1805 renumbered from R6-6-1806 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). R6-6-1805 reference to R6-6-2001 corrected to R6-6-2201 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1). Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.
Ariz. Admin. Code § R6-6-1806 Contents of a Request for Administrative Review

A. A request for Administrative Review shall include:

1. Identification of the Action;

2. Reason for the request for administrative review, including why the Requestor disagrees with the Action;

3. Desired resolution; and

4. Written consent of the Applicant, Member, or Responsible Person, when applicable.

B. The Division shall consider additional supporting documentation submitted by the Requestor or Representative within 10 days of the file date of the request for an Administrative Review. The Division may consider additional supporting documentation submitted by the Requestor or Representative more than 10 days from the file date of the request for an Administrative Review.

History

  • Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-1806 renumbered to R6-6-1805 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Amended by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.
Ariz. Admin. Code § R6-6-1807 Denial of a Request for Administrative Review

The Division shall deny a request for Administrative Review upon determination that:

1. The request is untimely;

2. The request does not meet the requirements in R6-6-1806(A);

3. The request is not based on an Action; or

4. The Action is based solely on a change in federal or state law, rule, or regulation adversely affecting some or all Applicants or Members.

History

  • Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.
Ariz. Admin. Code § R6-6-1808 Time-frame for Completing Administrative Review

A. The Division shall mail a written Administrative Decision to the Requestor or Representative no later than 30 days after the Division receives the request for an Administrative Review, unless a longer period is mutually agreed upon in writing.

B. If the Requestor or Representative does not receive an Administrative Decision within 30 days of the date on the acknowledgement of the request for Administrative Review, the Requestor or Representative may:

1. Consider the Action upheld and file an Appeal under Article 22 of this Chapter; or

2. Wait for the Division to issue an Administrative Decision and file an Appeal within the time-frame provided in Article 22 of this Chapter.

History

  • Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.
Ariz. Admin. Code § R6-6-1809 Content of an Administrative Decision

A. The Division shall ensure the written Administrative Decision includes the results of the Administrative Review and the date it was completed.

B. For an Administrative Review not resolved wholly in favor of the Requestor, the Administrative Decision shall contain:

1. The right to request an Appeal under Article 22 of this Chapter, and how to make the request;

2. The right of a Member or Representative to request continuation of the Member's service under R6-6-1811 while the Appeal is pending, and how to make the request; and

3. The factual and legal basis for the decision.

History

  • Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.
Ariz. Admin. Code § R6-6-1810 Initial Determination of Ineligibility

When the Division denies eligibility and a Requestor or Representative requests an Administrative Review, the Division shall not authorize services until a final administrative or judicial decision establishes eligibility.

History

  • Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.
Ariz. Admin. Code § R6-6-1811 Continuation of Services During the Administrative Review Process

A. The Division shall continue authorizing a Member's service solely funded by the state if:

1. The Member or the Member's Representative files a timely request for Administrative Review;

2. The request for Administrative Review involves the termination, suspension, or reduction of a previously authorized service or termination of eligibility for Division services;

3. The period covered by the original authorization has not expired; and

4. The Member or the Member's Representative requests continuation of services at the time of the request for Administrative Review.

B. If a request is made under subsection (A) and the Division continues the Member's service while the Administrative Review is pending, the Division shall continue services until:

1. The Member or the Member's Representative withdraws the request for Administrative Review,

2. The Member or the Member's Representative fails to file a timely Appeal for hearing under Article 22 of this Chapter,

3. Final administrative or judicial resolution of the subject matter in the request for Administrative Review occurs and it is in the Division's favor, or

4. The time-period or service limits of a previously authorized service have been met.

C. The Division shall take the Action as specified in the written notice if the request for Administrative Review is untimely.

History

  • Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.
Ariz. Admin. Code § R6-6-1812 Continuation of Home and Community-based Services (HCBS) Certificates during the Administrative Review Process

When an HCBS certificate holder timely files a request for an Administrative Review regarding a decision to suspend or revoke an HCBS certificate, the revocation or suspension shall not become effective, unless the Division finds that the public health, safety, or welfare imperatively requires emergency action under A.R.S. § 41-1064, until:

1. There is an Administrative Decision, or the Action is considered upheld under R6-6-1808(B)(1), and the Requestor does not file a timely Appeal under Article 22 of this Chapter; or

2. If there is a timely Appeal under Article 22 of this Chapter, a final administrative or judicial decision is rendered.

History

  • Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.
Ariz. Admin. Code § R6-6-1813 Appeals and Hearings

A Requestor shall have the right to an Appeal under Article 22 of this Chapter if:

1. The Requestor is dissatisfied with the Administrative Decision; or

2. The Action is considered upheld pursuant to R6-6-1808(B)(1).

History

  • Adopted by final rulemaking at 23 A.A.R. 3350, effective 1/27/2018.

Article 19 RECODIFIED

Ariz. Admin. Code § R6-6-1901 Recodified

History

  • Adopted effective October 16, 1981 (Supp. 81-5). Repealed effective August 29, 1991 (Supp. 91-3). Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 96-1). Adopted with changes effective April 17, 1996 (Supp. 96-2). Section recodified to R6-6-2001 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-1902 Recodified

History

  • Adopted effective October 16, 1981 (Supp. 81-5). Repealed effective August 29, 1991 (Supp. 91-3). Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 96-1). Adopted with changes effective April 17, 1996 (Supp. 96-2). Section recodified to R6-6-2002 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-1903 Recodified

History

  • Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 96-1). Adopted with changes effective April 17, 1996 (Supp. 96-2). Section recodified to R6-6-2003 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-1904 Recodified

History

  • Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 96-1). Adopted with changes effective April 17, 1996 (Supp. 96-2). Section recodified to R6-6-2004 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-1905 Recodified

History

  • Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 96-1). Adopted with changes effective April 17, 1996 (Supp. 96-2). Section recodified to R6-6-2005 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-1906 Recodified

History

  • Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 96-1). Adopted with changes effective April 17, 1996 (Supp. 96-2). Section recodified to R6-6-2006 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-1907 Recodified

History

  • Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 96-1). Adopted with changes effective April 17, 1996 (Supp. 96-2). Section recodified to R6-6-2007 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-1908 Recodified

History

  • Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 96-1). Adopted with changes effective April 17, 1996 (Supp. 96-2). Section recodified to R6-6-2008 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-1909 Recodified

History

  • Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 96-1). Adopted with changes effective April 17, 1996 (Supp. 96-2). Section recodified to R6-6-2009 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-1910 Recodified

History

  • Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 96-1). Adopted effective April 17, 1996 (Supp. 96-2). Section recodified to R6-6-2010 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-1911 Recodified

History

  • Adopted by emergency action effective September 13, 1995, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 95-3). Adopted again by emergency action effective March 12, 1996, pursuant to A.R.S. § 41-1026, in effect for a maximum of 180 days (Supp. 96-1). Adopted effective April 17, 1996. (Supp. 96-2). Section recodified to R6-6-2011 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-1912 [REPEALED]

History

  • Adopted effective April 17, 1996; automatically repealed effective May 1, 1996 (Supp. 96-2).
  • The above Section was adopted and automatically repealed during the same calendar quarter. For the text of this Section, refer to 2 A.A.R. 1691, May 10, 1996.

Article 20 CONTRACTS

Ariz. Admin. Code § R6-6-2001 Definitions

The following definitions apply in this Article:

1. "Competitive solicitation" means an invitation from the Division to two or more parties for the submission of proposals for the provision of goods or services.

2. "Contract" means all types of state agreements, regardless of what they may be called, for the procurement of goods or services.

3. "Offeror" means a person who or an entity which submits a proposal to the Division in response to a request for goods or services.

4. "Procurement" means buying, purchasing, renting, or leasing or otherwise acquiring any goods or services. Procurement also includes all functions that pertain to the obtaining of any good or service including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

5. "Proposal" means all documents, whether attached or incorporated by reference, that an offeror submits to the Division to make an offer to provide goods or services.

6. "Qualified offeror" means an offeror who meets the specific requirements set forth in a request for proposals.

7. "Request for proposals" means all documents, whether attached or incorporated by reference, which are used for soliciting proposals for goods or services.

History

  • Adopted effective March 7, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2001 repealed, new Section R6-6-2001 renumbered from R6-6-2002 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-2001 recodified to R6-6-2201; new Section R6-6-2001 recodified from R6-6-1901 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2002 Contracting Process

A. The Division shall procure goods and services in the manner prescribed in A.R.S. Title 41, Chapter 23 ("The Arizona Procurement Code"), except for goods and services described in Laws 1995, Ch. 84, § 3.

B. The Division shall procure goods and services described in Laws 1995, Ch. 84, § 3 by following the procedures in this Article when any of the following conditions occur:

1. The Division has issued a competitive solicitation, pursuant to A.R.S. § 41-2534, and the solicitation has not resulted in the number of offerors needed to meet the service needs of the clients;

2. The Division has identified an immediate or emergency service need and current providers cannot meet the need;

3. The Division solicits proposals for acute care services from health plans, pursuant to R6-6-2005;

4. The Division needs acute care providers for a geographic area in which:

a. No health plan has responded to the Division's solicitation of proposals under R6-6-2005;

b. The offeror has withdrawn from the solicitation process described in this Article; or

c. The offeror cannot reach an agreement with the Division during the solicitation process described in this Article; or

5. A federal or state statute, regulation, rule, or programmatic change requires the Division to make changes in mandated ALTCS services, in ALTCS service delivery, or in the administration of the DD/ALTCS program.

History

  • Adopted effective March 7, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2002 renumbered to R6-6-2001, new Section R6-6-2002 renumbered from R6-6-2003 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-2002 recodified to R6-6-2202; new Section R6-6-2002 recodified from R6-6-1902 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4). R6-6-2002(B)(3) and (B)(4)(a) references to R6-6-1905 corrected to R6-6-2005 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-2003 Solicitation for Offerors

When a competitive solicitation does not result in the number of offerors required to meet the service needs of the clients, the Division shall:

1. Recruit a potential offeror by advertisement or other reasonable means of communicating the service need;

2. Verify that an offeror complies with all applicable Division and AHCCCS qualification, licensing, and certification requirements for the service as described in the original request for proposals;

3. Establish a contract with a qualified offeror;

4. Request that each provider contracting under this rule submit proposals in response to the next competitive solicitation the Division issues under A.R.S. Title 41, Chapter 23 for these services;

5. Advise each provider that failure to respond to the next competitive solicitation will result in expiration of the existing contract; and

6. Send each provider holding a contract under this Section a notice of the next competitive solicitation for the service.

History

  • Adopted effective March 7, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2003 renumbered to R6-6-2002, new Section R6-6-2003 renumbered from R6-6-2004 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-2003 recodified to R6-6-2203; new Section R6-6-2003 recodified from R6-6-1903 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2004 Immediate or Emergency Need for Services

When the Division identifies an immediate or emergency need for service and current providers cannot meet the service need, the Division shall follow the steps listed in R6-6-2003 to procure the service.

History

  • Adopted effective March 7, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2004 renumbered to R6-6-2003, new Section R6-6-2004 renumbered from R6-6-2005 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-2004 recodified to R6-6-2204; new Section R6-6-2004 recodified from R6-6-1904 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4). R6-6-2004 reference to R6-6-1903 corrected to R6-6-2003 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-2005 Acute Care - Solicitation of Service from Health Plans

A. The Division shall solicit proposals from providers of acute care services. The Division shall include at least the following information in the request for proposals;

1. The time and date set for the proposal opening;

2. The address of the office at which proposals are to be received;

3. The period during which the offer contained in the proposal will remain open;

4. The service description, covered populations, geographic coverage, specifications, and a delivery or performance schedule;

5. The contract terms and conditions, including bonding or other security requirements, if applicable;

6. A provision for the award of contracts by category of member or service in order to secure the most financially advantageous offers for the state;

7. A provision that each submitted proposal describe each category of member, type of service, and geographic area the offeror will cover in the proposed contract;

8. A provision for a procedure allowing the Division to request voluntary price reduction of offers from only those offerors the Division has tentatively selected for award, before the final award or rejection of proposals;

The factors to be used in the evaluation;

10. The location and method for obtaining documents that are incorporated by reference in the Division's request for proposals;

11. The requirement that the offeror acknowledge receipt of all amendments issued by the Division;

12. The type of services required and a description of the work involved;

13. The type of contract to be used and a copy of a proposed contract form or provisions;

14. The estimated length of time during which services will be required;

15. A requirement for cost or pricing data;

16. The minimum information that an offeror shall submit with a proposal; and

17. A provision requiring that an offeror to certify that the submission of the proposal does not involve collusion or other anti-competitive practice.

B. The Division shall conduct discussions with qualified offerors to provide information about, and assure full understanding of, and responsiveness to, the request for proposals.

C. The Division shall accord offerors fair treatment with respect to any opportunity for discussion and revision of proposals, and may permit such revisions after submissions and before award of the contract for the purpose of obtaining best and final offers.

D. Prior to the award of the contract, the Division shall not disclose information derived from proposals submitted by competing offerors.

E. The Division may request voluntary price reduction of offers contained in the submitted proposals before the final award or rejection of proposals.

F. The Division may issue one or more written requests for a best and final offer to responsive offerors, which shall set forth the date, time, and place for the submission of this offer. If the offeror does not submit a notice of withdrawal or a best and final offer in response to the Division's request, the Division shall use the offeror's most recent offer as the best and final offer.

History

  • Adopted effective March 7, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2005 renumbered to R6-6-2004, new Section R6-6-2005 renumbered from R6-6-2006 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-2005 recodified to R6-6-2205; new Section R6-6-2005 recodified from R6-6-1905 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2006 Acute Care - Evaluation of Proposals; Cancellation

A. The Division shall base proposal evaluations on the evaluation factors set forth in the request for proposals.

B. The Division shall send a written notice of rejection to offerors whose proposals are rejected and maintain a copy of the notice in the procurement file.

C. The Assistant Director may cancel a request for proposals or may reject any and all proposals in whole or in part if the Assistant Director determines that the cancellation or rejection is in the state's best interest based on the following factors:

1. The availability of funding,

2. The inability to come to agreement with offerors,

3. A change in the need for services,

4. The potential for loss of federal funds,

5. A change in federal or state requirements which affect the service specified in the proposal, and

6. Collusion or anti-competitive practices on the part of an offeror.

D. The Division shall document the reasons for the cancellation or rejection in the procurement file.

History

  • Adopted effective March 7, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2006 renumbered to R6-6-2005, new Section R6-6-2006 renumbered from R6-6-2007 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-2006 recodified to R6-6-2206; new Section R6-6-2006 recodified from R6-6-1906 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2007 Acute Care - Award of Contracts

A. The Division shall award a contract:

1. To the qualified offeror who submits the most advantageous proposal to the state based on the evaluation factors set forth in the request for proposals; and

2. By the category of member, type of service, and geographic area.

B. The Division may award contracts to more than one offeror for each geographic area in the state for the purpose of limiting the number of high-risk clients who may be included in each contract.

C. The Division shall not award a contract to any offeror who will cause the state to lose any federal monies to which the state is otherwise entitled.

D. The Division shall document the reasons for the award in the procurement file.

E. The Division shall notify each unsuccessful offeror of the award of the contract.

History

  • Adopted effective March 7, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2007 renumbered to R6-6-2006, new Section R6-6-2007 renumbered from R6-6-2008 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-2007 recodified to R6-6-2207; new Section R6-6-2007 recodified from R6-6-1907 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2008 Acute Care - Protests

A. The Assistant Director shall resolve any protest filed concerning a contract proposal or award covered by this Article.

B. An offeror may protest a contract proposal or award by filing a written protest with the Assistant Director.

C. A protest shall include the following information;

1. Name, address, and telephone number of the protester;

Signature of the protester or its representative;

3. Identification of the request for proposals or contract number;

4. A statement of the legal and factual grounds of the protest including copies of any relevant documents; and

5. The relief requested.

D. The protester shall file the protest within one of the following time-frames:

1. Prior to the closing date for receipt of initial proposals if the protest relates to a request for proposals; or

2. Within 14 working days after a contract award has been made public as described in R6-6-2007(E), if the protest relates to the award of a contract.

E. A protest is deemed filed when the written document is received by the Division.

F. If a protest is filed before the award of a contract, the Division may award a contract unless the Assistant Director makes a written determination that there is reasonable probability that the protest will be sustained and that the stay of award of the contract is consistent with the best interests of the state.

G. Within 14 work days of the filing date of a protest, the Assistant Director shall send a written decision to the protester by certified mail, return receipt requested, or by any other method that provides evidence of receipt. The Assistant Director shall explain the reasons for the conclusions reached in the decision.

H. If the Assistant Director sustains the protest in whole or part, and determines that the request for proposals, proposed contract award, or contract award does not comply with applicable statutes and rules, the Assistant Director shall implement an appropriate remedy as prescribed in subsection (J).

I. In determining an appropriate remedy, the Assistant Director shall consider the following:

1. Circumstances surrounding the procurement or proposed procurement,

2. The seriousness of the procurement deficiency,

3. The degree of prejudice to other interested parties,

4. The degree of prejudice to the integrity of the procurement system,

5. The good faith of the parties,

6. The extent of performance,

7. The costs to the state,

8. The urgency of the procurement, and

9. The impact of the relief on the Department's mission.

J. The following actions, alone or in combination, shall serve as an appropriate remedy;

1. Decline to exercise an option to renew under the contract,

2. Terminate the contract,

3. Reissue the request for proposals,

4. Issue a new request for proposals, or

Award a contract as provided in these procurement rules.

History

  • Adopted effective March 7, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2008 renumbered to R6-6-2007, new Section R6-6-2008 renumbered from R6-6-2009 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-2008 recodified to R6-6-2208; new Section R6-6-2008 recodified from R6-6-1908 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4). R6-6-2008(D)(2) reference to R6-6-1907(E) corrected to R6-6-2007(E) at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-2009 Acute Care Providers in a Geographic Area with No Health Plan

The Division shall recruit individual providers for acute care services by following R6-6-2003(1), (2), and (3) when:

1. The Division has first tried to obtain offers by issuing a solicitation of service as prescribed in R6-6-2005; and

2. The Division finds;

a. A response is not obtained,

b. An offeror withdraws from the solicitation process, or

c. An agreement does not result between a health plan and the Division.

History

  • Adopted effective March 7, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2009 renumbered to R6-6-2008, new Section R6-6-2009 renumbered from R6-6-2010 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-2009 recodified to R6-6-2209; new Section R6-6-2009 recodified from R6-6-1909 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4). R6-6-2009 Section heading corrected; reference to R6-6-1903(1), (2), and (3) corrected to R6-6-2003(1), (2), and (3); R6-6-2009(1) reference to R6-6-1905 corrected to R6-6-2005 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-2010 Statute, Regulation, Rule, or Program Change

When a new federal or state statute, regulation, rule, or programmatic change involving the DD/ALTCS program or administration requires the Division to comply by modifying current programs, the Division shall follow the steps in R6-6-2003(1), (2), and (3).

History

  • Adopted effective March 7, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2010 renumbered to R6-6-2009, new Section R6-6-2010 renumbered from R6-6-2011 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-2010 recodified to R6-6-2210; new Section R6-6-2010 recodified from R6-6-1910 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4). R6-6-2010 reference to R6-6-1903(1), (2), and (3) corrected to R6-6-2003(1), (2), and (3) at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-2011 Procurement Records

The Division shall maintain the following records relating to the procurement of contracts in the procurement file, if applicable:

1. A copy of the request for proposals;

2. The proposals received;

3. The best and final offers;

4. Written correspondence;

5. The basis for award;

6. The documentation required by R6-6-2006(D) and R6-6-2007(D).

History

  • Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2011 renumbered to R6-6-2010, new Section R6-6-2011 renumbered from R6-6-2012 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-2011 recodified to R6-6-2211; new Section R6-6-2011 recodified from R6-6-1911 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4). R6-6-2011(6) reference to R6-6-1906(D) and R6-6-1907(D) corrected to R6-6-2006(D) and R6-6-2007(D) at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-2012 Recodified

History

  • Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2012 renumbered to R6-6-2011, new Section R6-6-2012 renumbered from R6-6-2013 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section R6-6-2012 recodified to R6-6-2212 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2013 Recodified

History

  • Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2013 renumbered to R6-6-2012, new Section R6-6-2013 renumbered from R6-6-2014 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section R6-6-2013 recodified to R6-6-2213 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2014 Recodified

History

  • Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2014 renumbered to R6-6-2013, new Section R6-6-2014 renumbered from R6-6-2015 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section R6-6-2014 recodified to R6-6-2214 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2015 Recodified

History

  • Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2015 renumbered to R6-6-2014, new Section R6-6-2015 renumbered from R6-6-2016 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section R6-6-2015 recodified to R6-6-2215 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2016 Recodified

History

  • Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2016 renumbered to R6-6-2015, new Section R6-6-2016 renumbered from R6-6-2017 and amended effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Section R6-6-2016 recodified to R6-6-2216 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2017 Renumbered

History

  • Adopted effective August 29, 1991 (Supp. 91-3). Former Section R6-6-2017 renumbered to R6-6-2016 effective September, 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3).

Article 21 DIVISION PROCUREMENT AND RATE SETTING - QUALIFIED VENDORS

Ariz. Admin. Code § R6-6-2101 Definitions

The following definitions apply to this Article:

1. "Agreement file" means the public, documented record of procurement transactions that is maintained by and available at the Division contracts management office.

2. "AHCCCS" means the Arizona Health Care Cost Containment System as established by A.R.S. § 36-2901 et seq.

3. "Application" means the Qualified Vendor application, including any amendments, supplements, or updates submitted by the applicant.

4. "Assistant Director" means the Assistant Director of the Department of Economic Security, Division of Developmental Disabilities.

5. "Authorization" means the approval by the Division or its designee identifying the type and number of units of service a Qualified Vendor is authorized to provide to a specific consumer.

6. "Community developmental disability services" means any service or support the Division is authorized to purchase under A.R.S. § 36-557 on behalf of individuals with developmental disabilities and their families or guardians.

7. "Conflict of interest" means that a Qualified Vendor applicant, a Qualified Vendor, or an officer or employee of a Qualified Vendor applicant or Qualified Vendor has a relative as defined in A.R.S. § 38-502 who is an employee of the Division with direct or indirect responsibility for purchasing, authorizing, monitoring or evaluating community developmental disability services or vendors.

8. "Consumer" means an individual authorized to receive community developmental disability services from the Division.

9. "Consumer and family choice" means the consumer's or consumer's representative's expressed preference to receive services from a specific provider.

10. "Contract list" means a roster of agencies, organizations, and professional independent providers who, on January 1, 2003 have a valid contract or agreement with the Division to provide community developmental disability services.

11. "Day" means calendar day unless otherwise specified.

12. "Department" means the Arizona Department of Economic Security.

13. "Department procurement officer" means the person, or his or her designee, authorized by the Department to make written determinations with respect to purchasing processes or agreements authorized under A.R.S. § 36-557.

14. "Division" means the Division of Developmental Disabilities of the Department of Economic Security.

15. "Division web site" means the Division of Developmental Disabilities internet web site.

16. "Emergency need" means a situation that requires an immediate change in services, in service providers, or in both services and service providers, and is necessary for the health or safety of the consumer.

17. "Independent assessment" means a review by a third party of an authorization decision.

18. "Independent rate model" means a methodology for rate development that includes the definition of the cost components and assumptions used in the development of a reimbursement rate.

19. "Individual Independent Provider" means a person who is qualified to provide service, has a provider identification number and an individual service agreement or a qualified vendor agreement with the Division to provide community developmental disability services.

20. "Individual service agreement" means the legally binding contract between the Division and an individual independent provider to provide community developmental disability services.

21. "Individual support plan" or "ISP" means a written statement of services to be provided to an individual with developmental disabilities including habilitation goals and objectives and a listing of the services, if any, the consumer is authorized to receive. The ISP incorporates and replaces the Individual Program Plan, the placement evaluation, the individualized service program plan and the service program plan used in A.R.S. § 36-557, and for the purposes of these rules incorporates the Individual Family Service Plan (IFSP) as defined in Section 809.1 of the Division of Developmental Disabilities Policy and Procedures Manual.

22. "Individual support plan team" or "ISP Team" means a group of persons including the consumer, the consumer's representative, and other persons selected by the consumer, assembled by the Division and coordinated by the consumer's support coordinator in compliance with A.R.S. §§ 36-551 and 36-560 to develop the consumer's individual support plan.

23. "Itemized service budget" means a description of the cost of services and includes documentation that results in a defined unit rate.

24. "List serv" means an electronic mailing list maintained by the Division for purposes of sending information via electronic mail to a predefined directory of intended recipients.

25. "Negotiated rate" means the amount per unit of service a provider will be paid for services rendered based on successful negotiation of a price with the Division.

26. "Network development plan" means the annual plan developed by the Division that identifies the services and supports anticipated to be needed by consumers throughout the state.

27. "Non-identifying information" means a description that does not provide information that could lead the recipient of the information to recognize a consumer.

28. "Notice of Protest" means a written document signed by the protester and submitted to the Department procurement officer to protest a procurement process or decision under this Article.

29. "Open and continuous process" means that responses to a Request for Qualified Vendor Applications may be submitted by an applicant to the Division at any time during the time period the Request is posted to the Division web site and identified as being open.

30. "Personal financial statement" means documentation of the applicant's financial status for the past three years as represented by copies of federal income tax statements, an accountant's statement of assets and liabilities or other similar documentation of financial status.

31. "Professional Independent Provider" means a person who is licensed or certified under Title 32, Arizona Revised Statutes, who provides services for consumers as a Qualified Vendor and is not an employee or subcontractor of a provider agency.

32. "Program plan" means a response to a requirement specified in the Qualified Vendor application that identifies the services to be provided and the service specific methodology to be followed by the applicant.

33. "Provider" means a Qualified Vendor or an Individual Independent Provider.

34. "Provider organization" means a corporation, professional corporation, partnership, limited liability company, or joint venture that is or applies to be a Qualified Vendor.

35. "Published rate" means the payment amount per unit of service established by the Division for the purchase of a community developmental disability service.

36. "Qualified Vendor" means a provider of community developmental disability services that has applied for Qualified Vendor status, meets the criteria for Qualified Vendor status, and has entered into a Qualified Vendor Agreement with the Division.

37. "Qualified Vendor Agreement" means the legal, binding document between the Division and a Qualified Vendor describing the services the Qualified Vendor is qualified to provide and the terms and conditions governing the relationship between the Division and the Qualified Vendor including any amendments, attachments, schedules, or exhibits.

38. "Qualified vendor list" means the roster of vendors who have entered into Qualified Vendor Agreements with the Division.

39. "Quality management plan" means the procedures used to monitor service and system performance and to define and implement actions that will result in service and system improvements.

40. "Request for Problem Solving" means a written document, signed by the protester and submitted to the Division to protest a procurement process or decision under this Article that requests informal problem solving actions be taken by the Division.

41. "Request for Qualified Vendor Applications" means a notice issued by the Division requesting vendors to apply to be Qualified Vendors for the delivery of community developmental disability services.

42. "Vendor Call for Services" means a notice from the Division inviting Qualified Vendors and individual independent providers to submit a response indicating their availability to provide services for a specific consumer or specific group of consumers, based on the requirements defined in the consumer's ISP.

43. "Vendor Call Response" means a response to a Vendor Call for Services that indicates the provider's availability to provide the requested service or services and describes how the provider proposes to meet the special accommodations needed for a specific consumer or specific group of consumers, based on the consumer's ISP.

44. "Title XIX" means that section of the federal Social Security Act that authorizes the provision of Medicaid services including acute care and long-term care services.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1). Amended by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).
Ariz. Admin. Code § R6-6-2102 Applicability

A. This Article shall apply to services purchased by the Division under the authority of A.R.S. § 36-557 and to reimbursement rates established by the Division under the authority of A.R.S. § 36-2959. This Article does not apply to services purchased by the Division under the Arizona Procurement Code, A.R.S. Title 41, Chapter 23.

B. Under this Article, the Division may:

1. Enter into Qualified Vendor Agreements for the delivery of statewide community developmental disability services;

2. Amend Qualified Vendor Agreements in accordance with these rules;

3. Establish, review, and update reimbursement rates for the purchase of services for persons with developmental disabilities in the Arizona long-term care system and the state only program;

4. Purchase community developmental disability services from provider organizations, Professional Independent Providers and Individual Independent Providers who have submitted a Qualified Vendor application, have become qualified as a vendor and have signed a Qualified Vendor Agreement or an Individual Service Agreement with the Division;

5. Create a list of Qualified Vendors based on applications received that meet the criteria defined at R6-6-2104;

6. Reimburse a Qualified Vendor for the provision of community developmental disability services based on published rates or negotiated rates;

a. The Division shall determine if the reimbursement methodology will be published rate or negotiated rate for each service purchased.

b. The Division shall use only one reimbursement methodology per service.

7. Issue an authorization to a Qualified Vendor who has been selected to provide the service for a specific consumer;

8. Establish a process for the consumer or the consumer's representative to select a provider from a list of Qualified Vendors or Individual Independent Providers; and

9. Maintain an open and continuous process of accepting applications to become a Qualified Vendor.

C. A Professional Independent Provider shall become a Qualified Vendor in order to provide community developmental disability services for the Division.

D. An Individual Independent Provider may become a Qualified Vendor but is not required to become a Qualified Vendor in order to provide community developmental disability services under an agreement with the Division.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1).
Ariz. Admin. Code § R6-6-2103 Qualified Vendor Application Process

A. The Division shall post the following information on the Division web site:

1. All Requests for Qualified Vendor Applications;

2. A description of the Division's anticipated service needs;

3. The Qualified Vendor application form or forms, if any, including a description of the information and documents that must be submitted by an applicant to complete the application, and any assurances, representations or warranties that must be made by an applicant;

4. Instructions for completing the application as described in subsection (D);

5. The Qualified Vendor Agreement, including all terms and conditions, amendments, schedules and attachments; and

6. Any other information reasonably necessary to advise an applicant of application requirements, as deemed necessary by the Division to evaluate the applications.

B. The Division may send written or electronic notice of the Request for Qualified Vendor Applications to all providers on the Division's contract list, Qualified Vendor List and any party not on the contract list who has notified the Division business office in writing that it wishes to receive notification.

C. Providers and other interested parties are responsible for making themselves aware of the opportunities posted to the Division web site.

D. The Division shall include the following instructions and information as part of the Request for Qualified Vendor Applications:

1. The acceptable methods for transmitting the application to the Division, such as e-mail, fax, or mail delivery;

The due date, if any, for applications to be considered by the Division;

3. The street address, mailing address, e-mail address and facsimile number of the Division office to which applications are to be sent;

4. The term of the Qualified Vendor Agreement and the renewal options as established by the Division;

5. A description of the service or services for which Qualified Vendors are requested, including the covered populations, the service need by geographic area, service specifications, a delivery or performance schedule and any other information that the Division finds necessary or appropriate;

Whether the payment for each service will be a negotiated rate or a published rate;

7. The published rate tables as appropriate to the services requested in the Request for Qualified Vendor Applications;

8. A description of the factors to be used in the evaluation of the application;

9. The location and method for obtaining documents that are incorporated by reference in the Request for Qualified Vendor Applications including, as applicable, the Division internet address;

10. The requirement that the applicant acknowledge receipt of all amendments to the Request for Qualified Vendor Applications issued by the Division; and

11. A description of the minimum information that an applicant must submit.

E. The Division shall advise each Qualified Vendor applicant in writing whether the application is complete within 30 days of receipt of the application and shall identify the information or documentation that is missing or incomplete in the application.

1. The Division may conduct discussions with applicants to provide information about the completeness of the application and the information needed to make the application complete.

2. The Division shall specify the time-frame in which the applicant must provide the missing information.

3. The Division shall deny the application if the applicant does not provide the additional information within the time-frame defined by the Division.

F. The Division shall notify a Qualified Vendor applicant in writing whether the applicant has been accepted as a Qualified Vendor within 60 days of receipt of a complete application.

G. For negotiated rate agreements, the Division may extend the 60 day time-frame defined at R6-6-2103(F).

H. The Division shall evaluate applications for Qualified Vendor Agreements based upon the criteria defined at R6-6-2104.

I. The Division shall accord all applicants the same opportunity for discussion of the application completeness and revision to the application information.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1). Amended by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).
Ariz. Admin. Code § R6-6-2104 Criteria for Qualified Vendor Agreements

A. To obtain a Qualified Vendor Agreement, an applicant shall submit a complete application to the Division that includes:

1. Identification of the services the applicant proposes to provide;

Identification of current and proposed locations at which service, administrative, or monitoring activities are conducted;

3. A description of staff qualifications if requested by the Division in the Request for Qualified Vendor Applications;

4. Corporate structure demonstrating ownership and corporate affiliations, if applicable;

5. A program plan to be included in the Directory of Qualified Vendors in a format prescribed by the Division;

6. Assurance that the applicant:

a. Holds the appropriate current Arizona license or certification to provide developmental disability services, and

b. That the license or certification is in good standing with the licensing or certification organization, or

c. Will possess the appropriate license or certification by the time of authorization of service;

7. A description of the applicant's quality management plan;

8. A declaration of any potential conflict of interest with any Division employee;

9. Assurances required by the Division as part of the application and documentation to support such assurances, if specifically requested by the Division in the Request for Qualified Vendor Applications;

10. Certification that the submission of the application does not involve collusion or other anti-competitive practice; and

Documentation of financial stability, including:

a. For a Qualified Vendor Agreement for services requiring a negotiated rate, the applicant shall submit a program budget and a proposed rate. The program budget information shall include:

i. An itemized service budget in a format prescribed by the Division;

ii. An income statement or statement of revenue by fund source for the applicant's current fiscal year to date and for each of the previous three fiscal years;

iii. A statement of expenditures by fund source for the applicant's current fiscal year to date and for each of the previous three fiscal years; and

iv. An audited financial statement or a financial audit for the prior fiscal year, if available.

b. For a Qualified Vendor Agreement for services that have a published rate, the applicant shall submit its audited financial statement for the prior year. In the absence of an audited financial statement, the applicant may submit quarterly financial statements for the prior year, including revenues and expenditures.

c. Applicants who do not have an audited financial statement or quarterly financial statements shall submit a personal financial statement of the Director or Chief Executive Officer or if a corporation, the corporate business plan.

d. A newly formed corporation shall submit the corporate business plan and personal financial statements of the Director or Chief Executive Officer.

e. Additional financial information may be required by the Request for Qualified Vendor Applications.

B. The Division shall consider the following factors in determining if an applicant is a Qualified Vendor and eligible to enter into a Qualified Vendor Agreement:

Ability of the applicant to meet the need for services based on performance, including compliance with licensing and certification requirements; program monitoring, agreement monitoring, or contract monitoring reports; and corporate or individual experience providing community developmental disability services or similar services in Arizona and in other states;

2. Whether the applicant has met the requirements of the Qualified Vendor application process;

3. Whether the application is consistent with the Division's network development plan or other documentation of projected service need;

4. Financial stability of the applicant as demonstrated by the financial information provided in the application;

5. The rate proposal for a negotiated rate agreement; and

6. Any other criteria deemed relevant by the Division and included as part of the Request for Qualified Vendor Applications.

C. The Division shall document the results of its evaluation of the applications in the Division agreement file.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1). Amended by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).
Ariz. Admin. Code § R6-6-2105 Qualified Vendor Agreement

A. The Division shall enter into Qualified Vendor Agreements with an applicant that:

Meets the requirements defined of R6-6-2104 ,

2. Accepts the published rate or agreed upon negotiated rate, and

3. Accepts the terms and conditions of the Qualified Vendor Agreement as defined by the Division in the Request for Qualified Vendor Applications and any amendments to the Request for Qualified Vendor Applications.

B. The Division shall enter into only one Qualified Vendor Agreement per applicant, which may be amended as needed.

C. The Division shall specify in the Qualified Vendor Agreement what information updates to the application will require an agreement amendment.

D. A Qualified Vendor shall update the assurances, financial information, conflict of interest statement, and other information provided in the application when there is a change or at the request of the Division.

E. A Qualified Vendor may update the Qualified Vendor's program plan at any time to reflect a change in services, methodology or locations of service delivery, for inclusion in the Qualified Vendor Directory. The Division shall review all changes submitted by the Qualified Vendor for consistency with the Qualified Vendor Agreement.

F. If the Division finds that information provided in the original application or as an update to the application is materially inaccurate, and the Qualified Vendor fails to correct such information within the time specified in a notice from the Division, such failure may be cause for termination of the Qualified Vendor Agreement in whole or in part. The Division may remove the information from the Qualified Vendor Directory until a correction is provided or the Qualified Vendor Agreement is terminated.

G. A Qualified Vendor may submit an amended application to request that additional services be added to the Qualified Vendor Agreement at any time a service is posted to the Division web site as an open and continuous Request for Qualified Vendor Applications. The Division shall respond to a request for an amendment to Qualified Vendor Agreements based on the criteria defined at R6-6-2103 and R6-6-2104.

H. Prior to the effective date of the Qualified Vendor Agreement, the Division shall not disclose any information identified by the applicant as confidential business information or proprietary information without first notifying the applicant in writing and allowing the applicant opportunity to respond or protest the planned disclosure.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1). Amended by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).
Ariz. Admin. Code § R6-6-2106 List Serv

A. The Division shall maintain a list serv as one means of providing information and notices to providers of service and interested parties.

B. The Division shall include on the Division list serv the contact information for all Qualified Vendors.

C. The Division list serve contact information for Qualified Vendors shall include:

1. Name of the Qualified Vendor,

2. Name of the contact person for each Qualified Vendor,

3. Telephone number, and

4. E-mail address.

D. A Qualified Vendor shall be responsible for notifying the Division business office of any change in the contact information.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1).
Ariz. Admin. Code § R6-6-2107 Selecting a Provider - Individual Consumers

A. A consumer or the consumer's representative shall select providers of service from the Qualified Vendor Directory and Individual Independent Provider list or by requesting that the Division post to its web site a Vendor Call for Services.

B. The Department shall provide a consumer or the consumer's representative with an opportunity to select a provider at any time that:

1. A consumer who is new to the service system is seeking a provider,

2. There is a change in provider requested in the ISP at the time of the annual ISP review,

3. The consumer's needs change and the current provider or providers are no longer able to meet the consumer's needs,

4. The consumer or the consumer's representative requests a change pursuant to R6-6-2109(C), or

5. The current provider is unable or unwilling to continue to meet the needs of the consumer.

C. The Division shall confirm that the program plan for the provider selected from the Qualified Vendor Directory or Independent Individual Provider list will meet the needs of the consumer as defined in the consumer's ISP.

D. For providers to be selected through the Vendor Call for Services process, the Division shall post a Vendor Call for Services to the Division's web site that includes a list of the service needs of a consumer based on the consumer's ISP, identification of any special accommodations needed by the consumer or specific group of consumers and the consumer's desired time-frame for delivery of the services.

E. The Division shall notify Qualified Vendors and Individual Independent Providers via the list serv when the consumer or the consumer's representative have requested that the Vendor Call for Services process be used to identify potential providers and the Vendor Call for Services has been posted to the Division's web site.

F. The Division shall include only individual consumer non-identifying information in the Vendor Call for Services.

G. A Qualified Vendor shall submit to the Division, within the time-frame indicated in the Vendor Call for Services, a Vendor Call Response indicating the Qualified Vendor's availability to provide the needed service or services, a description of how the Qualified Vendor would meet the special accommodations described in the Vendor Call for Services, and any other information described in the Vendor Call for Services to select a provider of service.

H. The Division shall review and evaluate the Vendor Call Responses and identify those responses that meet the needs described in the consumer's ISP.

I. The Division shall notify the responding Qualified Vendors within 14 days after the due date for Vendor Call Responses as to whether the response meets the needs of the consumer.

J. The Division shall provide the consumer and the consumer's representative with a list of those providers that, based on the Vendor Call Response submitted, can meet the needs of the consumer.

K. The consumer or the consumer's representative shall select any Qualified Vendors from the list provided by the Division or may select an Individual Independent Provider.

L. If a consumer or the consumer's representative refuses or fails to select a Qualified Vendor from the list, the Division shall make the selection based on a random automatic assignment methodology. The Division shall include the following criteria in the automatic assignment process:

1. Continuity of care,

2. Least disruption to established daily routines of the consumer, and

Least disruption to the consumer's receipt of other services and supports.

M. Before a final selection, the Division may require Qualified Vendors to meet with the consumer or the consumer's representative. The Division shall provide a minimum of 48 hours notice when scheduling the meeting.

N. A Qualified Vendor may withdraw its response to a Vendor Call for Services anytime prior to the consumer, the consumer's representative or the Division selecting a Qualified Vendor.

O. Once a consumer, the consumer's representative or the Division has selected a Qualified Vendor, the Qualified Vendor may not refuse to provide the authorized services for the consumer based on the difficulty of supports needed by the consumer.

P. If the Qualified Vendor determines, subsequent to its selection, that it cannot meet the consumer's needs, the Qualified Vendor may request an informal review by the Division.

1. The party requesting a review shall submit a written request to the Division District Program Manager.

2. The Division District Program Manager shall review the facts and provide the final decision in writing to the Qualified Vendor within 21 days of the request for a review from the Qualified Vendor.

3. If the District Program Manager rejects the Vendor's request, the District Program Manger shall provide the Qualified Vendor with the reason for the decision.

4. A Qualified Vendor who disagrees with the decision of the Division District Program Manager may file a grievance as provided by R6-6-1801 et seq. and R6-6-2201 et seq.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1). R6-6-2107(P)(4) reference to R6-6-2001 corrected to R6-6-2201 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-2108 Emergency Procurement

A. The Division may obtain services on an emergency basis when it determines there is an immediate and serious need for services that cannot be met through the procurement process defined in this Article and the procurement is necessary for the preservation or protection of property or the health or safety of any person.

B. The Division shall limit an emergency procurement to those services necessary to meet the emergency need.

C. When the Division has determined that an emergency need exists, the Division shall:

1. Post to the Division web site an emergency Vendor Call for Services with an abbreviated time-frame for response from Qualified Vendors and send a notice through the list serv to Qualified Vendors;

2. If the Assistant Director determines that posting an emergency Vendor Call for Services is not in the best interest of the consumer, or that based upon the urgency of the need any competition would be impracticable, contact one or more Qualified Vendors to obtain a Vendor Call Response in order to identify a provider to meet the emergency need; or

3. If no Qualified Vendor is available, contact providers not on the Qualified Vendor list to request a Vendor Call Response in order to identify a provider to meet the emergency need.

D. The consumer, the consumer's representative or the Division shall select a Qualified Vendor based on matching the Vendor Call Response to the needs of the consumer as defined in the ISP.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1).
Ariz. Admin. Code § R6-6-2109 Consumer Choice

A. In support of a consumer-responsive service delivery system, the Division shall provide a consumer or the consumer's representative the opportunity to express and document their interest in utilizing services from a specific Qualified Vendor or Individual Independent Provider through the ISP process.

B. At the annual review of the ISP, the consumer or the consumer's representative may express a preference to utilize a different Qualified Vendor, without explanation. The Division shall accommodate the request to the extent appropriate and practical, as determined solely by the Division.

C. If the consumer or the consumer's representative expresses a preference to utilize a different Qualified Vendor between annual reviews of the ISP, the consumer or the consumer's representative must state in writing or must report to the support coordinator, for incorporation into ISP notes, the rationale for changing providers and a description of the opportunities given to the current Qualified Vendor to address the consumer's concerns. The consumer may change Individual Independent Providers at any time.

D. The Division shall accommodate the requested change if the consumer and the current Qualified Vendor are unable to resolve the consumer's concerns, the change is reasonable, and another Qualified Vendor or Individual Independent Provider, identified through the Vendor Call for Services process or the consumer's or the consumer's representative's choice, indicates that it is available to provide services for the consumer.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1). Amended by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).
Ariz. Admin. Code § R6-6-2110 Authorization to Provide Services

A. The Division shall issue authorizations to the Qualified Vendors selected by the consumer, the consumer's representative or the Division to provide the needed services.

B. The Division shall pay a Qualified Vendor based on the rates established in the Qualified Vendor Agreement and the units of service documented on the invoices submitted for valid authorizations issued for individual consumers.

C. The Division shall modify authorizations based on changes in the needs of consumers as documented in the ISP by the ISP Team and as applicable, approved by the Division.

D. The Division shall not provide reimbursement for services that have not been authorized except in an emergency situation, as determined by the Division.

E. A Qualified Vendor may provide short-term emergency services and, if the services are approved by the Division, the Division shall pay for the short-term emergency services.

1. The Qualified Vendor shall notify the Division of the emergency situation within one working day of implementing the emergency services.

2. The Division shall approve payment for emergency services for up to five days. Upon verbal or written request from the Qualified Vendor, the District Program Manager may approve an additional emergency period for up to 15 days. The District Program Manager shall approve any extension of the emergency period in writing.

3. The Division shall review the consumer's needs through the ISP process and document as appropriate the revised authorization level.

F. A Qualified Vendors providing service may request an informal review by the Division of the number of units of service or type of services authorized for a specific consumer by submitting a written request for review to the Division District Program Manager.

1. The District Program Manager:

a. Shall conduct a review of the authorized units of service and issue a determination within 10 days of receipt of the request for review; or

b. May, at the sole discretion of the Division, arrange for an independent assessment of the service authorization by an external party selected from a list of independent assessors approved by the Division. The independent assessor shall review the service authorization and provide a written assessment to the District Program Manager within 30 days of the request for an assessment.

2. The District Program Manager shall issue a decision including the reasons for the decision within 10 days of receiving the independent assessment.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1). Amended by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).
Ariz. Admin. Code § R6-6-2111 Termination of the Qualified Vendor Agreement

The Division shall terminate a Qualified Vendor Agreement and shall remove a provider from the Qualified Vendor List for any of the following reasons:

1. Upon request of the vendor,

2. When the Qualified Vendor Agreement has expired,

When a vendor no longer meets the criteria defined in the Request for Qualified Vendor Applications,

4. For non-compliance with the Qualified Vendor Agreement requirements,

5. For failure to maintain a valid license, AHCCCS registration or Division certification, as appropriate,

6. As determined by the Division after the Qualified Vendor has been given notice and opportunity to be heard in accordance with R6-6-2115, or

7. For other reasons, such as lack of available funds.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1). Amended by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).
Ariz. Admin. Code § R6-6-2112 Cancellation of Requests and Notices

A. The Assistant Director may cancel a Request for Qualified Vendor Applications or a Vendor Call for Services in whole or in part if the Assistant Director determines that the cancellation is in the state's best interest based on the following factors:

1. The availability of funding,

2. The inability to come to agreement with applicants,

3. A change in the need for services,

4. The potential for loss of federal funds,

5. A change in federal or state requirements that affect the service specified in the Request for Qualified Vendor Applications or Qualified Vendor Agreement, or

6. Collusion or anti-competitive practices on the part of an applicant or Qualified Vendor.

B. The Division shall document the reasons for the cancellation or rejection in the Division Agreement file.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1).
Ariz. Admin. Code § R6-6-2113 [REPEALED]

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1). Amended by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4). Section repealed by final rulemaking at 18 A.A.R. 194, effective January 10, 2012 (Supp. 12-1).
Ariz. Admin. Code § R6-6-2114 Rate Setting

A. The Division may establish a rate structure for community developmental disability services, including the rate structure for provider organizations, professional independent providers and individual independent providers. Each fiscal year, the Division shall review the reimbursement rates for Arizona long-term care services and state only programs and may update the rate structure.

1. The Division shall contract with an independent consulting firm for an annual review of the adequacy and appropriateness of reimbursement rates to providers of community developmental disability services.

2. The Division shall complete a study of reimbursement rates for each community developmental disability service contracted for by the Division no less than once every five years.

3. The Division may require, and Qualified Vendors and Individual Independent Providers shall provide, financial data to the Division in the form and format prescribed by the Division to assist in the annual review. The Division shall seek provider recommendations regarding the form and format.

4. The Division shall annually establish a schedule that identifies which community developmental disability services will be reviewed for adequacy and appropriateness, and which community developmental disability services will be included in the rate reimbursement study.

5. The Department shall determine if the independent consulting firm shall perform one or more of the following activities to measure the adequacy and appropriateness of the reimbursement rates:

a. Review the Department's current rate structure,

b. Conduct a provider cost survey,

c. Compare the Department's rates to rates for similar services used by other state agencies, and

d. Develop independent rate models for community developmental disabilities services.

6. The Assistant Director may consider evidence of the adequacy and appropriateness of the Division's reimbursement rates gathered from R6-6-2114(5)(a) through (d), the rate study, or other relevant data sources to determine whether a new rate needs to be created or an existing rate needs to be revised.

7. After considering the evidence in the adequacy and appropriateness review, the Assistant Director may establish a rate change for each service reviewed, based on the availability of funds.

After considering the evidence in the study of reimbursement rates and independent rate models, the Assistant Director may propose a new rate.

9. The Division shall provide public notice if rates for a community developmental disability service are to be established or revised. The Division shall include in the notice the proposed rate or rate change, the effective date of the rate change, where those rates shall be available for review and, if a rate for a service is being established for the first time, any phase-in schedule for the rate change.

10. The Division may provide a public comment period regarding the rate change.

11. The Assistant Director shall review any public comments received about the proposed rate, rate change or phase-in schedule, existing service history or current purchase of service information about the rates and any other information and may make adjustments to the proposed rate, rate change or phase-in schedule prior to finalizing the rate and the phase-in schedule.

12. The Division shall provide public notice of the final rates and phase-in schedule.

13. The Division shall adjust rates in accordance with legislatively mandated and appropriated increases or decreases.

14. The Division shall maintain rate schedules for providers of community developmental disability services at the central office of the Division for reference use during customary business hours.

B. When the rate for a service is established for the first time, the Assistant Director may implement the rate through a phase-in schedule not to exceed three years in duration.

1. When current rates are below the newly established rate, the Division may phase in the implementation of the new rates as follows:

a. In the first and second year of the new rate, providers may receive an incremental increase of the difference between their prior rate and the new rate;

b. In the third year, the providers shall receive the full rate.

2. When current rates are above the newly established rate, the Division may phase in the implementation of the new rates as follows:

a. In the first and second year of the new rate, providers may receive an incremental rate decrease from their prior rate to the new rate;

b. In the third year, the providers shall receive the new rate.

C. For a negotiated rate agreement, the Division may:

1. Hold discussions with any or all applicants regarding their offers;

2. Issue a written request for a final proposal revision to responsive applicants, which shall set forth the date, time, and place for the submission of the final proposal revision. If the applicant does not submit a notice of withdrawal or a final proposal revision in response to the Division's request, the Division shall use the applicant's most recent offer as the final proposal revision; and

3. Determine that an additional final proposal revision is needed.

D. The Division shall include in a negotiated rate agreement the effective date of the negotiated rate.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1). Amended by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).
Ariz. Admin. Code § R6-6-2115 Legal and Contractual Remedies

A. The remedies in this Section apply to protests of the posting of a Request for Qualified Vendor Applications, the denial of a Qualified Vendor Application in its entirety, or denial of one or more services included in the Qualified Vendor Application. An applicant or Qualified Vendor may protest by filing:

1. A written Request for Problem Solving with the Division Assistant Director, or

2. A Notice of Protest with the Department procurement officer.

B. Request for Problem Solving.

1. The Qualified Vendor or Qualified Vendor Applicant shall include the following information in the Request for Problem Solving:

a. Name, address, and telephone number of the protester,

b. Signature of the protester or its representative,

c. Identification of the adverse action by the Division that is in dispute,

d. A statement of the legal and factual grounds of the intended protest, including copies of any relevant documents, and

e. The relief requested.

2. The Qualified Vendor or Qualified Vendor Applicant shall file the Request for Problem Solving with the Division within 21 days of the date the Qualified Vendor or Applicant receives notice of the action.

3. The Request for Problem Solving is deemed filed when the Division receives the written document.

4. Within 21 days of the filing the Request for Problem Solving, the Assistant Director shall reach resolution or determine that resolution cannot be reached.

5. If resolution is reached and documented, the Qualified Vendor or Qualified Vendor Applicant shall not be entitled to pursue further legal remedies with regard to the protested issue.

6. If resolution cannot be reached, the Assistant Director shall issue written verification to the Qualified Vendor or Qualified Vendor Applicant that the matter was not resolved. To pursue further review, the Qualified Vendor or Applicant shall file a Notice of Protest with the Department procurement officer, within 14 days of the issuance of verification.

C. Notice of Protest.

1. The protester shall include the following information in the Notice of Protest:

a. Name, address, and telephone number of the protester,

b. Signature of the protester or its representative,

c. Identification of the action by the Division that is in dispute,

d. A statement of the legal and factual grounds of the intended protest including copies of any relevant documents, and

e. The relief requested.

2. The protester shall file the Notice of Protest with the Department procurement officer within 21 days of the date the protester receives notice of the action or within 14 days of issuance of the verification of non-resolution through the Problem Solving process from the Assistant Director.

3. The Notice of Protest is deemed filed when the Department procurement officer receives the written document.

4. If a Notice of Protest is filed before the award of Qualified Vendor Agreements, the Division may enter into Qualified Vendor Agreements unless the Department procurement officer makes a written determination that there is reasonable probability that the protest will be sustained and that delay is consistent with the best interests of the state.

5. If applicable, the protester shall include in the Notice of Protest a copy of the original Request for Problem Solving documentation and of the verification from the Assistant Director.

6. If the Department procurement officer sustains the protest in whole or part, and determines that the Request for Qualified Vendor Applications, proposed Qualified Vendor Agreement, or Qualified Vendor Agreement denial does not comply with applicable statutes and rules, the Department procurement officer shall implement an appropriate remedy as prescribed in subsection (C)(8).

7. In determining the appropriate remedy, the Department procurement officer shall consider the following:

a. Circumstances surrounding the procurement or proposed procurement,

b. The seriousness of the procurement deficiency,

c. The degree of prejudice to other interested parties,

d. The degree of prejudice to the integrity of the procurement system,

e. The good faith of the parties,

f. The extent of performance,

g. The costs to the state,

h. The urgency of the procurement, and

i. The impact of the relief on the Department's mission.

8. The Department procurement officer may consider the following actions, alone or in combination, as an appropriate remedy:

a. Decline to exercise an option to renew under the Qualified Vendor Agreement,

b. Terminate the Qualified Vendor Agreement,

c. Reissue the Request for Qualified Vendor Applications,

d. Issue a new Request for Qualified Vendor Applications,

e. Include the Qualified Vendor in the list of respondents to a Vendor Call for Services,

f. Award a Qualified Vendor Agreement as provided in these procurement rules, or

g. Any other remedial action that is reasonable and appropriate under the circumstances.

9. Within 21 days of receipt of the Notice of Protest, the Department procurement officer shall send a written decision to the protester by certified mail, return receipt requested, or by any other method that provides evidence of receipt and shall send a copy of the decision to the Division. The Department procurement officer shall explain the reasons for the conclusions reached in the decision.

10. Upon receipt of the decision from the Department procurement officer, the protester may file an appeal with the Department's Office of Appeals as authorized in A.R.S. §§ 41-1991, 41-1992(A) through (C), excluding any references to review by the Appeals Board, and A.R.S. § 41-1993(A).

11. The protester may proceed to the next level of appeal if the protester does not receive a response within 21 days.

12. Upon receipt of the decision from the Department's Office of Appeals, the protester may seek relief through the Superior Court as provided in A.R.S. § 12-901 et seq.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 170, effective February 1, 2003 (Supp. 03-1). Amended by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).
Ariz. Admin. Code § R6-6-2116 Resolution of Agreement Claims and Controversies

A. Claims under Qualified Vendor Agreements shall be filed with the Department procurement officer within 12 months of the date the Department has denied payment.

B. The Department procurement officer shall have the authority to settle and resolve Qualified Vendor Agreement claims subject to subsection (C). Appeals from decisions of the Department procurement officer may be made to the Department Office of Appeals as authorized in A.R.S. §§ 41-1991, 41-1992(A) through (C), excluding any references to review by the Appeals Board, and A.R.S. § 41-1993(A).

C. The settlement or resolution of a claim in excess of $10,000 requires the prior written approval of the Department Director.

D. If a claim cannot be resolved by mutual agreement, the Department procurement officer shall, upon a written request by the Qualified Vendor for a final decision, issue a written decision no more than 60 days after the request is filed. Before issuing a final decision, the Department procurement officer shall review the facts pertinent to the claim and secure any necessary assistance from legal, fiscal, and other advisors.

E. The Department procurement officer shall furnish a copy of the decision to the Qualified Vendor, by certified mail, return receipt requested, or by any other method that provides evidence of receipt. The decision shall include:

1. A description of the claim;

2. A reference to the pertinent Qualified Vendor Agreement provision;

3. A statement of the factual areas of agreement or disagreement;

4. A statement of the Department procurement officer's decision, with supporting rationale; and

5. A Statement of the Qualified Vendor's Appeal Rights and required time-frame for appeal.

F. The Department's procurement officer may extend the time limit for decisions set forth in R6-6-2116(D) for a reasonable time not to exceed 30 days. The Department procurement officer shall notify the Qualified Vendor in writing that the time for the issuance of a decision has been extended and the date by which a decision shall be issued.

G. If the Department procurement officer fails to issue a decision within 60 days after the request is filed or within the time prescribed under subsection (F) of this rule, the Qualified Vendor may proceed as if the Department procurement officer had issued an adverse decision.

H. Upon receipt of the decision from the Department procurement officer, the protester may file an appeal with the Department's Office of Appeals as authorized in A.R.S. §§ 41-1991, 41-1992(A) through (C), excluding any references to review by the Appeals Board, and A.R.S. § 41-1993(A).

History

  • New Section made by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).
Ariz. Admin. Code § R6-6-2117 Controversies Involving State Claims against a Qualified Vendor

All claims asserted by the state against a Qualified Vendor that are not resolved by mutual agreement shall promptly be referred by the Department procurement officer to the Department's Office of Appeals for a hearing without regard to the procedures set forth in these rules. The Department procurement officer shall provide notice to the Qualified Vendor that the claim has not been resolved by mutual agreement and is being referred to the Department's Office of Appeals.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).
Ariz. Admin. Code § R6-6-2118 Hearing

Hearings on appeals of claims decisions shall be conducted as contested cases pursuant to these rules and the Arizona Administrative Procedure Act (Title 41, Chapter 6, Article 1, Arizona Revised Statutes).

History

  • New Section made by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).
Ariz. Admin. Code § R6-6-2119 Appeals to Superior Court

Upon receipt of the decision from the Department's Office of Appeals, the protester may seek relief through the Superior Court as provided in A.R.S. § 12-901 et seq.

History

  • New Section made by exempt rulemaking at 9 A.A.R. 4656, effective October 9, 2003 (Supp. 03-4).

Article 22 APPEALS AND HEARINGS

Ariz. Admin. Code § R6-6-2201 Right to Appeal

A. Any party aggrieved by a decision of the Department rendered in an administrative review in R6-6-1801 et seq. has the right to appeal under these rules.

B. A DD/ALTCS member appealing an administrative review decision rendered in R6-6-1805 shall file a request for hearing with the AHCCCS Administration through the Department:

1. The request shall be in writing and shall be filed within 15 days of the personal delivery or postmark date of the final decision.

2. The Department shall forward the request directly to the AHCCCS Grievance and Appeals Division.

3. The provisions of R6-6-2203 through R6-6-2216 do not apply to DD/ALTCS clients.

History

  • Section R6-6-2201 recodified from R6-6-2001 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4). R6-6-2201(B)(3) reference to R6-6-2003 through R6-6-2016 corrected to R6-6-2203 through R6-6-2216 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).
Ariz. Admin. Code § R6-6-2202 Filing an Appeal

A. Any party appealing under these rules shall file a written request for hearing with the Department within 15 days after the mailing date of the Department's decision.

B. A document shall be considered received by and filed with the Department:

1. If transmitted via the United States Postal Service, on the date it is mailed. The mailing date shall be:

a. As shown by the postmark; or

b. As shown by the postage meter mark of the envelope in which it is received if there is no postmark; or

c. The date entered on the document as the date of its completion, if there is no postmark, or no postage meter mark, or if the mark is illegible.

2. On the date it is received by the Department, if transmitted by any means other than the United States Postal Service.

3. The submission of any document not within the specified statutory or regulatory period shall be considered timely if it is established to the satisfaction of the Department that the delay in submission was due to Department error or misinformation, or to delay caused by the United States Postal Service.

C. The Department shall advise the appellant of the right to counsel and, if asked, shall assist in completing the hearing request.

History

  • Section R6-6-2202 recodified from R6-6-2002 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2203 Service on Parties

Any document mailed by the Department shall be considered as having been served on the addressee on the date it is mailed to the addressee's last known address. The date mailed shall be presumed to be the date of the document, unless otherwise indicated by the facts.

History

  • Section R6-6-2203 recodified from R6-6-2003 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2204 Time

Any reference within this Article to "days" shall mean calendar days unless otherwise specified. In computing any period of time, the date of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be counted, unless it is a Saturday, a Sunday, or a legal holiday.

History

  • Section R6-6-2204 recodified from R6-6-2004 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2205 Representation of Parties

The appellant may appear for himself, or be represented by an attorney, or be assisted by any other person he designates.

History

  • Section R6-6-2205 recodified from R6-6-2005 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2206 Continuation of Services

Benefits may be reduced or terminated prior to a hearing decision only as provided by federal statute, regulation, state statute or rules. Notice of any change shall be given to the appellant as soon as possible, including written notice ten days prior to the change.

History

  • Section R6-6-2206 recodified from R6-6-2006 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2207 Scheduling and Notice of Hearing

A. Hearings shall be held at those regularly established hearing locations most convenient to the parties or, at the discretion of the hearing officer, by telephone. The parties shall be given no less than 20 days notice of hearing, except that the parties may waive the notice period or request a delay.

B. The notice of hearing shall inform the appellant of the date, time, and place of the hearing, the name of the hearing officer, the issues involved, and the appellant's right to:

1. Present the appellant's case in person or by telephone;

2. Copy any documents in the appellant's case file and all documents and records to be used by the Department at the hearing at a reasonable time before the hearing;

3. Obtain assistance from the Division in preparing the appellant's case;

Make inquiry at the Division about availability of free legal resources which could provide representation at the hearing; and

5. Request a change of hearing officer.

C. If a party contacts the Department promptly after receiving the notice of hearing and requests a postponement for good cause, the hearing officer shall grant a postponement for a reasonable period. Good cause exists when the circumstances causing the request are beyond the reasonable control of the requesting party and failure to grant the postponement would result in undue hardship to the requesting party.

D. All scheduling is the responsibility of the Appellate Services Administration/Long-term Care for ALTCS service provider appeals and the Office of Appeals for all others.

History

  • Section R6-6-2207 recodified from R6-6-2007 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2208 Change of Hearing Officer

Not less than five days before the date set for the hearing, any party may file a written request for change of hearing officer and the matter shall immediately be transferred to another hearing officer. A hearing officer may be challenged for cause at any time before a decision becomes final. Except for good cause, not more than one change of hearing officer shall be granted to any one party.

History

  • Section R6-6-2208 recodified from R6-6-2008 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2209 Failure of a Party to Appear

A. If there is no appearance on behalf of a party at a scheduled hearing, the hearing officer may adjourn the hearing to a later date or may make his decision on the record and on such evidence as may be presented at the scheduled hearing,

B. If, within 15 days of the scheduled hearing, a party files a written request to reopen the proceedings and establishes good cause for failure to appear at the scheduled hearing, the hearing shall be rescheduled. Notice shall be given of the time, place, and the purpose of any continued, reopened, or rescheduled hearing to all parties. Good cause shall be established upon proof that both the failure to appear and failure to timely notify the hearing officer were beyond reasonable control of the nonappearing party.

History

  • Section R6-6-2209 recodified from R6-6-2009 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2210 Prehearing Summary

A. A prehearing summary of the facts and grounds for the action shall be prepared by the Division and must reach the Department no less than five days before the hearing.

B. A copy of the summary shall be provided to the appellant at the same time that it is provided to the Department.

C. The summary shall be typewritten. The summary shall contain:

Appellant's name, Social Security number, and case name and number if different;

2. The responsible Division;

3. A brief summary of circumstances supporting the Department's action; and

4. Exact manual references used by the Division in its determination.

History

  • Section R6-6-2210 recodified from R6-6-2010 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2211 Subpoena of Witnesses and Documents

The hearing officer may subpoena any witnesses or documents requested by any party, or upon his own motion.

1. The request shall be in writing and shall state the name and address of the witness and the nature of his expected testimony. The nature of the witness' testimony must be relevant to the issues of the hearing; otherwise the hearing officer may deny the request.

2. A request for subpoena of documents shall describe the documents in detail and provide the name and address of the custodian of the documents.

3. The request for the issuance of a subpoena shall be filed a minimum of three working days before the hearing.

The Department shall prepare and serve all subpoenas. Service of the subpoena shall be accomplished by certified mail, return receipt requested.

History

  • Section R6-6-2211 recodified from R6-6-2011 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2212 Conduct of Hearing

A. Hearings shall be conducted in an orderly and dignified manner. All hearings shall be open to the public, but the hearing officer conducting a hearing may close the hearing to everyone other than the parties to the extent necessary to protect the interests and rights of the parties.

B. Hearings shall be opened, conducted and closed by the hearing officer who shall rule on the admissibility of evidence, and shall direct the order of proof. He shall have the power to administer oaths and affirmations, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and the production of any documents he deems necessary as evidence in connection with a hearing.

C. The hearing is a de novo proceeding. The Department has the initial burden of going forward with presentation of evidence.

D. Evidence not related to the issue shall not be allowed to become a part of the record.

E. The hearing officer may, on his own motion, or at the request of a party, exclude witnesses from the hearing room.

F. The case manager, supervisor, licensing worker, or other appropriate person may be designated Department spokesperson for the hearing. The Department spokesperson may testify and present written evidence on behalf of the Department.

G. The parties may present evidence, cross-examine witnesses and present arguments.

H. The parties to an appeal, with the consent of the hearing officer, may stipulate to facts involved in writing or on the record.

I. At the conclusion of a hearing, the parties shall be granted a reasonable opportunity to present argument on all issues of fact and law to be decided. The hearing officer shall afford the parties an opportunity to present oral argument or to file briefs, or both.

J. A full and complete record shall be kept of all proceedings in connection with an appeal. The record shall be open for inspection by the appellant or his representative at a place accessible to him. A transcript of the proceedings need not be made unless it is required for further proceedings.

History

  • Section R6-6-2212 recodified from R6-6-2012 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2213 Hearing Decision

A. The hearing decision shall be rendered exclusively on the evidence and testimony produced at the hearing, appropriate state and federal law, and Department rules governing the issue in dispute.

B. The decision shall set forth the pertinent facts involved, the conclusions drawn from such facts, the sections of applicable law or rule, the decision and the reasons therefore. A copy of the decision, together with an explanation of the appeal rights, shall be delivered or mailed to each party or designated representative not more than 60 days from the date of filing the request for hearing unless the delay was caused by the appellant, in which case the time limit for delivery is extended by the number of days attributable to the appellant.

C. In those cases where the Division must take additional action as a result of the decision, the action shall be taken immediately.

D. All decisions in favor of the appellant apply retroactively to the date of the action being appealed or to the date the hearing officer specifically finds appropriate.

E. The decision of the hearing officer shall become the final decision of the Department 15 days after it is issued unless a written petition for review to the Appeals Board or the AHCCCS Grievance and Appeals Division has been filed or the case has been removed to the Appeals Board for review.

History

  • Section R6-6-2213 recodified from R6-6-2013 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2214 Termination of Appeal

An appeal may be terminated as follows:

1. By voluntary withdrawal if the appellant submits a signed letter or on the record at any time before the decision is issued.

2. By default when a party fails to appear at a scheduled hearing and fails to request a rescheduled hearing within 15 days. An appeal will not be considered abandoned if the appellant provides notification up to the time of the hearing that he is unable, due to good cause, to appear and that he still wishes a hearing, or that the matter be considered on the record.

History

  • Section R6-6-2214 recodified from R6-6-2014 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2215 Review by the Appeals Board

A. An appellant who is a non-DD/ALTCS client or non-ALTCS service provider may request review of an adverse hearing decision within 15 days after the decision is mailed or otherwise delivered to him.

1. The request for review shall be in writing, signed and dated. It shall set forth the grounds for the request and may be filed personally or by mail through the Division's Office of Compliance and Review or the Office of Appeals to the Appeals Board.

2. If the request for review is filed in a timely manner, the Division shall make no change in the case action until the Appeals Board decision is issued.

B. The Department may request review by the Appeals Board before a hearing officer's decision becomes final. The request shall be in writing, signed by an Assistant Attorney General, and shall specifically state the error which forms the basis for the request for review.

C. The Appeals Board may remove to itself any matter before a hearing officer before the issuance of a decision, or, if a decision has been issued, before the decision has become final. Upon removal, the Appeals Board shall notify all parties of the removal.

D. In case of removal or review, the Appeals Board shall notify the Office of Appeals that it has accepted jurisdiction, and the Office of Appeals shall prepare a complete record of the case, including a transcript which shall be provided without cost to all parties upon request.

E. A copy of the Appeals Board decision, together with a statement specifying the rights for further review, shall be distributed to each party.

History

  • Section R6-6-2215 recodified from R6-6-2015 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).
Ariz. Admin. Code § R6-6-2216 Review by AHCCCS of ALTCS-related Matters

A. A party may request review of an adverse hearing decision within 15 days after the decision is mailed or otherwise delivered.

B. The request for review shall be in writing, signed, and dated. It should set forth the grounds for the request and may be filed personally or by mail through the Appellate Services Administration/Long-term Care to the AHCCCS Grievance and Appeals Division.

C. A copy of the AHCCCS decision, together with a statement specifying the rights for further review, shall be distributed to each party.

History

  • Section R6-6-2216 recodified from R6-6-2016 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).

Article 23 DEEMED STATUS

Ariz. Admin. Code § R6-6-2301 Definitions

A. "Accreditation" means a status conferred on a provider by a nationally recognized agency that indicates the provider meets the professional standards of the reviewing body.

B. "Applicant" means a provider requesting deemed status from the Department.

C. "Application" means the letter, documents, and additional information relating to the accreditation that the Department requires an applicant to submit to request deemed status.

D. "Complete application" means an application that conforms to the requirements of this Article and that provides sufficient information under R6-6-2302(A) for the Department to determine that the standards of the accrediting agency meet Department standards.

E. "Day" means a calendar day.

F. "Department" means the Arizona Department of Economic Security.

G. "Deemed status" means that the Department has determined that a provider has been accredited by a nationally recognized agency whose accreditation standards meet Department standards for the program or service offered by the provider to Department consumers.

H. "Division" means the Division of Developmental Disabilities within the Arizona Department of Economic Security.

I. "Department standards" means programmatic and contractual requirements provided in statute, rule, contract, policy, and procedure for the program or service to which the standard applies.

J. "Documentation" means written information in any medium.

K. "Nationally recognized agency" or "accrediting agency" means a nationally recognized accrediting body for organizations, programs, and services that correspond to organizations, programs, and services for which a provider seeks deemed status under this Article. A list of nationally recognized agencies approved by the Department for purposes of deemed status is available on the Division's web site at: http://www.azdes.gov/ddd.

L. "Provider" means an individual, agency, or other organization that provides or seeks to provide programs and services to Division consumers.

History

  • New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-6-2302 Deemed Status: Eligibility, Application, and Limitations

A. To be eligible for deemed status, the provider shall:

Have a current accreditation from a nationally recognized agency for organizations, programs, and services the provider offers or seeks to offer to Division consumers.

2. Submit a letter to the Department's Division of Developmental Disabilities applying for deemed status. The letter shall:

a. Name the accrediting agency,

b. Specify the applicant's programs or services that the nationally recognized agency has accredited,

c. Include documentation of:

i. The current accreditation certificate;

ii. Correspondence between the provider and the accrediting agency relating to the accreditation, including attachments, corrective action plans, survey/credentialing reports, notices of deficiency, quality improvement plans, and any similar document, correspondence, or information that pertains to the programs, services, and staff providing the programs and services for which the provider seeks deemed status; and

d. State that the provider agrees to adhere to and be accountable for meeting all Department standards.

B. The Department shall only grant deemed status to providers who apply and satisfy the eligibility criteria in subsection (A).

History

  • New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-6-2303 Time-frame for Department Review of Application

A. Within 30 days of receiving an application for deemed status, the Department shall:

Review the application for completeness, and

2. Send written notification to the applicant if the application is incomplete. The written notification shall state:

a. The reason the Department considers the application to be incomplete,

b. The information the Department requires the applicant to submit to complete the application,

c. The time-frame for submitting the additional information.

B. Within 45 days of receipt of a complete application, the Division shall notify the applicant in writing whether the application satisfies Department requirements for deemed status.

History

  • New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-6-2304 Responsibilities of a Provider with Deemed Status

A. A provider with deemed status shall adhere to and be accountable for meeting all Department standards.

B. A provider with deemed status shall provide the Department timely and complete copies of any correspondence or documents relating to the accreditation, including attachments, on file with or sent between the provider and the accrediting agency that pertain to the programs, services, and staff providing the programs and services for which the Department has granted deemed status to the provider. Timely and complete documentation means that the provider shall send the Division a complete copy of all correspondence between the provider and the accrediting agency within 10 days of sending or receiving the correspondence.

History

  • New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-6-2305 Expiration and Renewal of Deemed Status

A. Deemed status shall expire on the earlier of the expiration date of the provider's accreditation at the time of application for deemed status, or three years from the date deemed status is granted by the Department.

B. The Department shall renew deemed status using the same procedures in this Article for initial application.

History

  • New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-6-2306 Notice of Change in Accreditation

A. The provider with deemed status shall advise the Department of any change in the provider's accreditation within 10 days of the change.

B. Failure to provide timely notice of a change in accreditation is grounds for revocation of deemed status.

History

  • New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-6-2307 Non-assignability of Deemed Status

Deemed status is not assignable or transferable.

History

  • New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-6-2308 Programmatic and Contractual Monitoring of Provider with Deemed Status

A. The Department shall reduce its required monitoring visits for residential care service providers described in A.R.S. § 36-557(G)(2) from two times a year to one time a year for a residential care service provider with deemed status.

B. If the Department determines that there is reasonable cause to believe the provider with deemed status is not adhering to Department standards, as required this Article, the Department or its designee may enter the premises at any reasonable time for the purpose of determining the state of the provider's compliance with the programmatic or contractual requirements of the Department.

C. A provider's deemed status shall not limit the Department's ability to conduct a full investigation, including site visits, at any time in response to complaints, incidents, or health and safety concerns, or to require corrective action or impose other sanctions in accordance with contract and law.

D. The Department shall report all complaints, findings, and required corrective action to the accrediting agency.

History

  • New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-6-2309 Revocation of Deemed Status

A. The Department shall revoke deemed status:

1. When the accrediting agency finds one or more instances of uncorrected noncompliance with accreditation standards that affect health and safety;

2. When the accreditation status of the provider, program, or service expires without renewal;

3. When the accrediting agency withdraws the provider's accreditation or downgrades the provider's accreditation to a level or category that does not meet Department standards;

4. When the Department finds that the provider is not adhering to Department standards;

5. When the Department finds that the standards of the accrediting agency no longer meet Department standards;

6. If the accrediting agency ceases to exist; or

7. If the Department determines that the provider has not timely reported a change in its accreditation under this Article.

B. The Department shall give a provider with deemed status written notice of the Department's decision to revoke deemed status. The written notice shall inform the provider of the right to administrative review if the provider disagrees with the Department's revocation decision.

History

  • New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-6-2310 Administrative Review, Appeal, and Hearing

A. A provider seeking administrative review of the Department's decision to revoke deemed status may, within 35 calendar days of the decision, file a written request with the Division.

B. The Division shall review the request for an administrative review and render a written decision within 30 calendar days of receipt of the request.

C. The procedures in 6 A.A.C. 6, Article 22 shall govern an appeal of any administrative review decision. These procedures provide for a hearing before the Department's Office of Appeals and further review by the Department's Appeals Board.

History

  • New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).
Ariz. Admin. Code § R6-6-2311 Judicial Review

Any person adversely affected by an Appeals Board decision may seek judicial review as prescribed in A.R.S. § 41-1993.

History

  • New Section made by final rulemaking at 17 A.A.R. 1454, effective July 12, 2011 (Supp. 11-3).

Chapter 7 DEPARTMENT OF ECONOMIC SECURITY - CHILD SUPPORT ENFORCEMENT

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R6-7-101 Definitions

The following definitions apply in this Chapter unless otherwise provided in a specific Article of this Chapter:

1. "Allocation" means the prorated division of collections.

2. "Annual fee" means the amount owed by the recipient of services when the Title IV-D Agency has collected $500.00 of support in a federal fiscal year.

3. "Arrearages" means unpaid amounts of support owed.

4. "Assistance unit" means a group of persons whose needs, income, resources, and other circumstances are considered as a whole for the purpose of determining eligibility and benefit amount for cash assistance.

5. "Business day" means a day on which state offices are open for regular business. A.R.S. § 46-408.

6. "Caretaker" means an individual other than a parent in a Title IV-D case who has physical custody of a child and may have the right to support of that child under A.R.S. § 46-444.

7. "Cash assistance" means temporary payments for needy families paid to a recipient for the purpose of meeting basic living expenses, as described by the Department at 6 A.A.C. 12.

8. "Cash medical support" means the court ordered monthly amount to be paid as an alternative when medical insurance is not accessible or available at a reasonable cost in accordance with A.R.S. § 25-320.

9. "Child Not on Grant" means a child who:

a. Resides with an assistance unit receiving cash assistance,

b. Is not eligible for cash assistance due to the receipt of Social Security income, and

c. Is exempt from the assignment under A.R.S. § 46-407.

10. "Child Support Case Registry" or "Registry" means certain automated records of all Title IV-D cases, and all other cases in which a support order is established, modified, or registered in Arizona on or after October 1, 1998.

11. "Conditionally assigned arrearages" are arrearages that:

a. Do not exceed the total cumulative amount of unreimbursed cash assistance paid to a family as of the date the family stops receiving cash assistance;

b. Were temporarily assigned arrearages; and

c. Became conditionally assigned on the date that the family stopped receiving cash assistance or October 1, 2000, whichever date is later.

12. "Current assistance case" means a Title IV-D case in which an assistance unit is currently receiving cash assistance.

13. "Current support" means the monthly amount of money ordered by a court or an administrative entity for the support of a child, spouse, or former spouse and may include cash medical support.

14. "Department" means the Department of Economic Security.

15. "Disbursement" means the payment of monies to an obligee or other authorized recipient.

16. "Distribution" means application of support and related collections to one or more specific obligations or debts.

17. "F.A.A." means the Family Assistance Administration, the entity within the Department responsible for administering the Department's Cash Assistance Program.

18. "Federal fiscal year" means the 12 consecutive months beginning October 1 and ending September 30 for which the Office of Child Support Enforcement in the United States Department of Health and Human Services plans the use of its funds.

19. "Federal income tax refund offset" means the intercept of Internal Revenue Service income tax refunds to pay support as provided in 26 U.S.C. 6402 and 42 U.S.C. 664.

20. "Fees and costs" means amounts ordered by the court or administrative entity or agreed to be paid to the Title IV-D Agency for genetic testing, service of process, or other expenses.

21. "Former assistance case" means a Title IV-D case in which an assistance unit formerly received cash assistance and is no longer receiving cash assistance.

22. "Futures" means an amount of support received by the Title IV-D Agency, excluding any federal or state income tax refund offset, which when received exceeds the amount of current support owed in a Title IV-D case with no arrearages or other unpaid obligations as stated in 45 CFR 302.51(b). Futures do not include prepaid support.

23. "Handling fee" means the monthly charge prescribed in A.R.S. § 25-510, which is set by the Department director, and is payable to the Title IV-D Agency's Clearinghouse.

24. "Income withholding order" means an order that directs an obligor's employer, payor, or the obligor to withhold monies from the obligor's income.

25. "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under A.R.S. Title 25, Chapter 9 or a law or procedure substantially similar to A.R.S. Title 25, Chapter 9. A.R.S. § 25-1202.

26. "Injured spouse claim" means a written request from the spouse of an obligor stating that the spouse has an interest in an income tax refund based on a joint federal income tax return.

27. "IRS tax reversal" means a rescission by the Internal Revenue Service of a federal income tax refund offset that was previously received by the Title IV-D Agency.

28. "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage. A.R.S. § 25-1202.

29. "Medical assistance" means benefits received from a state agency under Title XIX of the Social Security Act.

30. "Medical support judgment" means a judgment for the costs of medical insurance coverage or uncovered medical expenses of the child.

31. "Never assigned arrearages" means arrearages that:

a. Accrue in a never assistance case, or in a former assistance case after an assistance unit's most recent period of cash assistance ends; and

b. Are not assigned.

32. "Never assistance case" means a Title IV-D case in which a family never received cash assistance, but could be receiving or has received medical assistance under Title XIX of the Social Security Act.

33. "Nonobligated spouse" means the spouse who filed an Arizona state income tax return jointly with an obligor.

34. "Non-periodic payment" means a non-recurring amount or an amount that is not paid at regular intervals.

35. "Obligee" means a person or agency entitled to receive support. A.R.S. § 25-500.

36. "Obligor" means a person obligated to pay support. A.R.S. § 25-500.

37. "OCSE" means the Office of Child Support Enforcement in the United States Department of Health and Human Services.

38. "Order" means a legal directive issued by an officer or entity legally authorized to issue orders.

39. "Past support" means the amount of support reduced to a written judgment for the care and support of a child for the period before a current child support order is established.

40. "Permanently assigned arrearages" means arrearages that do not exceed the total cumulative amount of unreimbursed cash assistance paid to an assistance unit at the time the assistance unit leaves assistance, and

a. Accrued before the family received assistance and were assigned to the state before October 1, 1997; or

b. Accrue during any period in which the assistance unit received cash assistance and were assigned to the state on or after October 1, 1997.

41. "Pregnancy and childbirth expenses" means the costs of pregnancy and childbirth, which may be reduced to a written judgment under A.R.S. § 25-809.

42. "Pregnancy and childbirth judgment" means a final court order for the costs of pregnancy and childbirth.

43. "Prepaid support" means payments for monthly support that the obligor or the obligor's agent designate in writing as payments for support in future months, even in cases with arrearages.

44. "Related payments" means monies other than support received under an order or agreement.

45. "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under A.R.S. Title 25, Chapter 9 or a law substantially similar to A.R.S. Title 25, Chapter 9. A.R.S. § 25-1202.

46. "Spousal maintenance" or "spousal support" means an amount of money ordered under A.R.S. § 25-319 or a similar law of another state, for the support or maintenance of a spouse or former spouse.

47. "State" has the meaning in A.R.S. § 25-1202(22).

48. "Support" means the provision of maintenance or subsistence and includes medical insurance coverage, or cash medical support, and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. In a Title IV-D case, support includes spousal maintenance or spousal support that is included in the same order that directs child support. A.R.S. § 25-500.

49. "Support Payment Clearinghouse" or "Clearinghouse" means the state disbursement unit for the Title IV-D Agency established under A.R.S. § 46-441 to collect and disburse all payments under support orders or agreements.

50. "Temporarily assigned arrearages"

a. Means arrearages that:

i. Do not exceed the total cumulative amount of unreimbursed cash assistance paid to an assistance unit as of the date the unit stops receiving cash assistance;

ii. Accrue before any period in which the assistance unit receives cash assistance for arrearages assigned to the state on or after October 1, 1997; and

iii. Are not permanently assigned arrearages; and

b. The temporary assignment is no longer effective on October 1, 2000, or when the assistance unit stops receiving cash assistance, whichever is later.

c. Effective on and after October 1, 2009, no new temporary assignments of unpaid support begin.

51. "Temporary assistance for needy families" (TANF) means assistance granted under § 403 of Title IV of the Social Security Act, as it exists after August 21, 1996. A.R.S. § 46-101.

52. "Title IV-A" means Title IV-A of the Social Security Act, 42 U.S.C. 601 et seq.

53. "Title IV-D" means Title IV-D of the Social Security Act, 42 U.S.C. 651 et seq.

54. "Title IV-D Agency" means the Division of Child Support Enforcement and all of its contracting entities that administer Title IV-D services.

55. "Title IV-E" means Title IV-E of the Social Security Act, 42 U.S.C. 670 et seq.

56. "Title XIX" means Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq.

57. "Title XIX Agency" means the Arizona Health Care Cost Containment System (AHCCCS).

58. "Tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage. A.R.S. § 25-1202.

59. "UIFSA" means the Uniform Interstate Family Support Act, A.R.S. §§ 25-1201 et seq.

60. "Unassigned arrearages" means previously permanently assigned and temporarily assigned arrearages that exceed the total cumulative amount of unreimbursed cash assistance paid to a family as of the date the family stops receiving cash assistance and includes both unassigned during-assistance arrearages and unassigned pre-assistance arrearages.

61. "Unassigned during-assistance arrearages" means all previously permanently assigned arrearages that:

a. Exceed the total cumulative amount of unreimbursed cash assistance paid to an assistance unit as of the date the assistance unit stops receiving cash assistance; and

b. Accrue during any period in which the assistance unit receives cash assistance for arrearages assigned to the state on or after October 1, 1997.

62. "Unassigned pre-assistance arrearages" means all previously temporarily assigned arrearages that:

a. Exceed the total cumulative amount of unreimbursed cash assistance paid to an assistance unit as of the date the assistance unit stops receiving cash assistance; and

b. Accrue before any period in which the assistance unit receives cash assistance for arrearages assigned to the state on or after October 1, 1997 but before October 1, 2009.

63. "Unreimbursed cash assistance" means the total, cumulative amount of cash assistance for which the state of Arizona has not received reimbursement.

64. "Voluntary payment" means monies received by the Title IV-D Agency on behalf of a child for whom no order for support is established.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4). Amended by final rulemaking at 15 A.A.R. 1250, effective September 5, 2009 (Supp. 09-3). Amended by exempt rulemaking at 16 A.A.R. 1138, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-7-102 Interest on Support and Related Payments

Interest shall not accrue on support and related payments retained by the Clearinghouse for disbursement and the Clearinghouse shall not pay interest on these monies unless state or federal statutes require payment of interest.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-103 Payment Handling Fee

Under A.R.S. § 25-510, the monthly payment handling fee shall be $8.00.

History

  • New Section made by exempt rulemaking at 16 A.A.R. 1138, effective July 1, 2010 (Supp. 10-2). Amended by final rulemaking at 26 A.A.R. 15, effective 2/12/2020.

Article 4 PASSPORT DENIAL

Ariz. Admin. Code § R6-7-401 Definitions

The following definitions apply in this Article unless otherwise provided in a specific Section of this Article:

1. "Certification" means to furnish OCSE with the name, identifying information, and amount of the arrearage owed by an individual determined delinquent in fulfilling a child support obligation.

2. "Federal administrative offset" means the interception of certain federal payments in order to collect past-due child support. Based on the Debt Collection Improvement Act (DCIA) of 1996, the process is managed by the Federal Office of Child Support Enforcement (OCSE), through the Financial Management Service (FMS) of the Department of the Treasury, in conjunction with the Federal Tax Refund Offset Program.

3. "Passport denial" means the certification process followed by the Title IV-D Agency and the United States Secretary of State, to refuse to issue a passport or to revoke, restrict, or limit a passport that was previously issued, because the obligor in a Title IV-D case has an arrearage in an amount that qualifies for certification under federal statute.

4. "Secretary" means the United States Secretary of State.

5. "Title IV-D case" means a proceeding for support managed by the Title IV-D Agency as required by Title IV-D of the Social Security Act, 42 U.S.C. 651 et seq.

History

  • New Section made by final rulemaking at 11 A.A.R. 4540, effective December 17, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-402 Certification and Criteria

A. The Title IV-D Agency shall:

1. Submit and certify to OCSE for passport denial any Title IV-D case with an arrearage that qualifies for certification under federal statute; and

2. Refer the case to OCSE for federal income tax refund offset and federal administrative offset under federal statute.

B. The Title IV-D Agency shall submit and certify a case for passport denial if the case meets both of the following criteria:

1. A support obligation has been established by a court or an administrative order; and

2. The arrearage is in an amount that qualifies for certification under federal statute.

C. The Title IV-D Agency shall not submit the following cases for passport denial:

1. Interstate cases in which the obligee receives temporary assistance for needy families and the state of Arizona does not have an assignment of rights.

2. Cases in which federal law precludes action.

History

  • New Section made by final rulemaking at 11 A.A.R. 4540, effective December 17, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-403 Notice

A. The Title IV-D Agency shall provide written notice to an obligor that the obligor has a support arrearage in an amount that qualifies for certification under federal statute, and that the obligor has been referred for federal administrative offset, federal income tax refund offset, and passport denial.

B. The Title IV-D Agency shall send the notice to an obligor by first class mail. The mailing of the notice to the obligor's last known address of record with Title IV-D Agency constitutes proper and sufficient notice.

C. The notice shall inform the obligor of the right to contest the enforcement action.

History

  • New Section made by final rulemaking at 11 A.A.R. 4540, effective December 17, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-404 Administrative Review

A. An obligor may file a written request for administrative review by the Title IV-D Agency within 30 business days from the date on the notice mailed in accordance with R6-7-403.

B. An obligor has the burden of proof regarding each issue raised in an administrative review.

C. The issues in an administrative review are limited to:

1. Whether there has been a mistake regarding the identity of the obligor; and

2. The amount of the obligor's arrearage, if any.

D. If an obligor alleges that there has been a mistake regarding the identity of the obligor, the Title IV-D Agency shall issue a final written determination by first class mail to all parties within two business days after receipt of the request for administrative review.

E. For all circumstances other than a mistake regarding the identity of the obligor, the Title IV-D Agency shall issue a final written determination by first class mail to all parties within 45 business days after receipt of the request for administrative review, or if additional information is required and provided, 45 business days after receipt of this information.

F. In an interstate case, only the certifying state has the authority to withdraw an obligor from the passport denial process.

G. If an obligor does not request an administrative review within 30 business days, the Title IV-D Agency's certification for purposes of passport denial remains in effect.

H. If an obligor requests an administrative review within 30 business days and meets the requirements for withdrawal of certification for passport denial in R6-7-405, the Title IV-D Agency shall notify OCSE to withdraw certification for passport denial in accordance with OCSE requirements.

History

  • New Section made by final rulemaking at 11 A.A.R. 4540, effective December 17, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-405 Withdrawal of Certification for Passport Denial

A. The Title IV-D Agency shall notify OCSE to withdraw certification for passport denial for an obligor if one or more of the following applies:

1. The Title IV-D Agency makes a final determination during an administrative review that:

a. The case does not meet the criteria for passport denial in R6-7-402; or

b. There has been a mistake regarding the identity of the obligor;

2. The obligor has paid the arrearage down to:

a. An amount less than the amount that qualifies for certification under federal statute, and has entered into a payment agreement with the Title IV-D Agency; or

b. Zero; or

c. An amount agreed to by the Title IV-D Agency, if the arrearage is owed to both the state and the obligee, provided the obligor agrees to and complies with any other terms required by the Title IV-D Agency, and the provisions of R6-7-405(B).

B. The Title IV-D Agency shall also notify OCSE to withdraw certification for passport denial for an obligor if all of the following apply:

The obligee agrees to accept partial payment of the total arrearages owed by the obligor to the obligee, even though the payment does not comply with the requirements of R6-7-405(A)(2) to pay arrearages down to zero or an amount less than that which qualifies for certification under federal statute;

2. The obligor and obligee agree to the amount of the partial payment in writing, and the document is signed by both parties and submitted to the Title IV-D Agency;

3. The Title IV-D Agency advises the obligee that the Title IV-D Agency may not have the opportunity to request passport denial for another 10 years;

4. The obligee provides the Title IV-D Agency with a signed, notarized statement acknowledging receipt of the advisement in subsection (3) before the notification to OCSE to withdraw certification for passport denial;

5. The obligor enters into a payment agreement with the Title IV-D Agency for the remainder of the arrearages owed; and

6. The Title IV-D Agency consents to the agreement between the obligor and the obligee.

C. The Title IV-D Agency shall notify OCSE by facsimile, computer, or other electronic or non-electronic means to withdraw certification for passport denial, in accordance with OCSE requirements.

D. If an obligor fails to comply with the terms of any payment agreement with the Title IV-D Agency, and the arrearage qualifies for certification under federal statute, the Title IV-D Agency shall re-certify the obligor to OCSE for passport denial.

History

  • New Section made by final rulemaking at 11 A.A.R. 4540, effective December 17, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-406 Appeal from Administrative Review

A Title IV-D Agency determination made under this Article is subject to judicial review under A.R.S. Title 12, Chapter 7, Article 6 (Judicial Review of Administrative Decisions), or other applicable law.

History

  • New Section made by final rulemaking at 11 A.A.R. 4540, effective December 17, 2005 (Supp. 05-4).

Article 6 TITLE IV-D DISTRIBUTION

Ariz. Admin. Code § R6-7-601 Distribution

A. The Title IV-D Agency shall distribute monies collected in a Title IV-D case in accordance with state and federal law and the provisions of this Article in the following sequence to:

1. Current child support;

2. Current spousal maintenance;

3. Current cash medical support;

4. Child support judgments for arrearage or past support, and the applicable corresponding interest;

5. Spousal maintenance judgments for arrearage or past support and the applicable corresponding interest;

6. Pregnancy and childbirth judgments and the corresponding interest;

7. Cash medical support judgments and the corresponding interest;

Judgments for uncovered medical costs and the corresponding interest;

9. Child support arrearages not reduced to a written judgment and the corresponding interest;

10. Spousal maintenance arrearages not reduced to a written judgment and the corresponding interest;

11. Cash medical support arrearages not reduced to a written judgment, and the corresponding interest;

12. Current month's handling fee;

13. Handling fees owed to the Support Payment Clearinghouse;

14. IRS tax reversals;

15. Other fees or costs; and

16. Futures.

B. Arrearage payments distributed in a Title IV-D case are applied first to the principal and then to the interest that accrued on that principal in the following order:

1. The oldest written judgment's principal and interest and then to each successive written judgment's principal and interest.

2. Arrearages not reduced to a written judgment and the corresponding interest.

C. The Title IV-D Agency shall credit amounts received as support from or on behalf of the obligor as the required support obligation for the month in which they are received unless they are submitted by an employer. Payments submitted by an employer as the result of an income withholding order are considered received in the month in which the income was withheld by the employer. The date of receipt for income withholding order payments is the last day of the pay period from which the payment is withheld.

D. A voluntary payment received in a cash assistance case shall be retained by the Title IV-D Agency and shared with the federal government. Any monies received in excess of cash assistance owed to the state and federal government shall be paid to the obligee.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4). Amended by final rulemaking at 15 A.A.R. 1250, effective September 5, 2009 (Supp. 09-3).
Ariz. Admin. Code § R6-7-602 Receipt and Use of Foreign Currency or Other Foreign Payment

A. An obligor acting under an order for support issued by a court or an administrative entity in the U.S. shall pay support and other obligations in U.S. dollars. If the obligor or payor pays in a foreign currency, check, draft, or other negotiable form of payment, the Title IV-D Agency shall give the obligor credit for the U.S. dollar equivalent of the foreign currency, check, draft, or other negotiable form of payment tendered. The U.S. dollar equivalent is based on the conversion rate used by the state's bank on the date the payment is received.

B. If an obligor or payor tenders payment in a foreign currency, draft, check, or other negotiable form of payment under a U.S. support order and the equivalent value in U.S. dollars is less than the ordered amount, the difference between the ordered amount and the amount tendered constitutes an unpaid amount owed.

C. If an obligor or payor tenders payment in a foreign currency, draft, check, or other negotiable form of payment under a U.S. support order, and the equivalent value in U.S. dollars is more than the ordered amount, the Title IV-D Agency shall distribute the excess amount according to R6-7-601(A).

D. If an obligor or payor tenders payment in a foreign currency, draft, check, or other negotiable form of payment as required under a foreign support order, the Title IV-D Agency shall give the obligor credit for the amount tendered regardless of the conversion value in U.S. dollars.

E. The Clearinghouse shall disburse support and related payments it receives in U.S. dollars.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-603 Allocation of Monies Received from Federal Income Tax Refund Offset to Arrearages

If monies received from a federal income tax refund offset do not satisfy the total arrearages for all cases submitted by the Title IV-D Agency to OCSE for payment owed by an obligor to multiple obligees, the Title IV-D Agency shall make a proportionate allocation to each obligee whose case was submitted for federal income tax refund offset. The Title IV-D Agency shall determine the proportionate share by dividing the total arrearages owed to each obligee by the total arrearages owed by the obligor and multiplying the resulting percentage by the amount of the federal income tax refund offset.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-604 Allocation of Other Than Internal Revenue Service Payments to Multiple Obligees

A. If the Title IV-D Agency receives a support payment not paid by an income withholding order that is undesignated as to case or obligee and it does not satisfy the total current support owed by one obligor to multiple obligees, the Title IV-D Agency shall use the following procedure to determine the amount of support allocated to each obligee:

Determine the total current support owed by the obligor to all obligees,

2. Divide the current support that the obligor owes to each obligee by the total current support that the obligor owes to all obligees, and

3. Multiply the resulting percentage by the payment.

B. If the Title IV-D Agency receives a support payment not paid by an income withholding order that is undesignated as to case or obligee and it does not satisfy the total arrearages or past support owed by one obligor to multiple obligees, the Title IV-D Agency shall use the following procedure to determine the amount of support allocated to each obligee:

Determine the total arrearages owed by the obligor to all obligees,

2. Divide the arrearages that the obligor owes to each obligee by the total arrearages that the obligor owes to all obligees, and

3. Multiply the resulting percentage by the arrearage or past support payment.

C. The Title IV-D Agency shall not use this procedure if:

1. The payment source is an income withholding order and the employer or payor has allocated under A.R.S. §§ 25-504 or 25-505.01;

2. The case is governed by R6-7-715; or

3. The support owed to an obligee was not submitted for the enforcement action that resulted in the collection.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-605 Distribution of Monies Received from Federal Income Tax Refund Offset to Arrearages

If the federal income tax refund offset received from the Internal Revenue Service on behalf of an obligor is greater than the total arrearages owed for all cases submitted for federal income tax refund offset, the Title IV-D Agency shall refund any excess monies to the obligor, unless the obligor agrees in writing that the monies may be applied to other obligations owed.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-606 Distribution of Futures

The Title IV-D Agency shall apply futures as provided in 45 CFR 302.51(b) (Office of the Federal Register, National Archives and Records Administration, October 1, 2004), which is incorporated by reference and on file with the Department. This incorporation by reference does not include any later amendments or editions. The Title IV-D Agency shall also follow the same regulation in never assistance and former assistance cases.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-607 Distribution of Prepaid Support

A. The Title IV-D Agency shall treat payments as prepaid support only if there is no alternative that would allow for prompt payment of support owed to an obligee in a future month.

B. The Title IV-D Agency shall release any prepaid support in the applicable future month for distribution in accordance with R6-7-601(A).

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-608 Distribution in Title IV-E Cases

A. The Department shall retain monies collected in a Title IV-E case for reimbursement of Title IV-E expenditures under A.R.S. § 8-243.02.

B. While a case is current Title IV-E, all support collected shall be disbursed in accordance with 45 CFR 302.52 (Office of the Federal Register, National Archives and Records Administration, October 1, 2004), which is incorporated by reference and on file with the Department. This incorporation by reference does not include any later amendments or editions. If the collection is more than the current monthly support and exceeds the total Title IV-E expenditures, then the Department shall use the collection to pay any arrearages assigned to the state under A.R.S. § 46-407. If arrearages have been paid, the Department shall pay any excess in a current Title IV-E case to the Title IV-E Agency for the benefit of the Title IV-E child.

C. When a case is former Title IV-E and former assistance with arrearages assigned to the state under A.R.S. § 46-407 and A.R.S. § 8-243.02, the Department shall first apply arrearage collections to the arrearages assigned under A.R.S. § 46-407.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-609 Distribution in Current Assistance Cases with a Child Exempt from Assignment

A. In a current assistance case, when a child is determined to be a Child Not on Grant, the Title IV-D Agency shall distribute current support collected for a Child Not on Grant on or after the end of the month in which the current support is collected. Arrearages that accrue and are collected while the assistance unit is receiving cash assistance shall be distributed on or after the end of the month in which the arrearages are collected.

B. If a child support order for a Child Not on Grant covers children who are not subject to A.R.S. § 46-407(B), the Title IV-D agency shall divide the ordered child support amount by the number of children in the order. The Title IV-D Agency shall distribute the prorated share of the child support collected for the benefit of the Child Not on Grant.

C. Beginning July 1, 2003, for current child support and any child support arrearages that accrue during the period of assistance, the Title IV-D Agency shall distribute the prorated share of child support collected for the benefit of a child who is subject to A.R.S. § 46-292(G) on or after the end of the month in which it is collected.

D. If a child support order for a child subject to A.R.S. § 46-292(G) also covers children who are not subject to A.R.S. § 46-292(G), the Title IV-D Agency shall divide the ordered child support amount by the number of children in the order. The Title IV-D Agency shall distribute the prorated share of the child support collected for the benefit of the child subject to A.R.S. § 46-292(G).

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-610 Distribution of Cash Medical Support in Title XIX Cases

A. The Title IV-D Agency shall retain current cash medical support monies for a child receiving Title XIX services under A.R.S. § 46-407 where the recipient of services is an individual to whom court ordered medical support is owed.

B. When a child is receiving Title XIX services, the Title IV-D Agency shall disburse all current cash medical support for that child to the Title XIX Agency in accordance with 45 CFR 302.51 on or after the end of the month in which the current cash medical support is collected. The Title IV-D Agency shall distribute arrearages that accrue and are collected while the child is receiving Title XIX services on or after the end of the month in which the arrearages are collected.

C. When a child is no longer receiving Title XIX services, the Title IV-D Agency shall disburse current cash medical support in accordance with R6-7-701 . The Title IV-D Agency shall distribute collections of cash medical support arrears that accrued while the child was receiving Title XIX services in accordance with R6-7-601 to the Title XIX Agency.

D. If a cash medical support order covers children who are not receiving Title XIX services and children who are receiving Title XIX services, the Title IV-D Agency shall divide the ordered cash medical support amount by the number of children in the order. The Title IV-D Agency shall distribute the prorated share of cash medical support for the benefit of the children receiving Title XIX services to the Title XIX Agency and the prorated share of cash medical support for the benefit of the children not receiving Title XIX services to the obligee.

E. When a case is former Title XIX and former assistance with arrearages assigned to the state under A.R.S. § 46-407, the Title IV-D Agency shall first apply arrearage collections to the child and spousal support arrearages assigned under A.R.S. § 46-407.

History

  • New Section made by final rulemaking at 15 A.A.R. 1250, effective September 5, 2009 (Supp. 09-3).
Ariz. Admin. Code § R6-7-611 Expired

History

  • New Section made by final rulemaking at 15 A.A.R. 1250, effective September 5, 2009 (Supp. 09-3). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 466, effective January 11, 2017 (Supp. 17-1).

Article 7 TITLE IV-D DISBURSEMENT

Ariz. Admin. Code § R6-7-701 Disbursement

A. The Title IV-D Agency shall disburse support and related payments that the Title IV-D Agency receives in a Title IV-D case to one or more of the following recipients:

1. An obligee or an agent authorized in writing by an obligee or as determined by law;

2. A Title IV-D agency of another state if the agency submits a request for support establishment or enforcement services and is authorized to receive support under U.I.F.S.A.;

3. The federal government, if Arizona is providing or has provided cash assistance to the assistance unit, or a member of the assistance unit, or if Arizona is providing or has provided Title IV-E foster care maintenance payments, or if the annual $25.00 fee is owed, pursuant to R6-7-611;

4. A state, if the state is providing or has provided cash assistance to the assistance unit that does not exceed the total amount of unreimbursed cash assistance;

5. An obligor, if a refund is due;

6. A bankruptcy trustee;

7. A state or federal agency as authorized by law;

8. A caretaker under Arizona statute and R6-7-712.

B. The Title IV-D Agency shall issue payments due to an obligee at the last known address filed with the Child Support Case Registry or the last address known to F.A.A.

C. If a payment to an obligee is returned to the Title IV-D Agency because it was undeliverable, the Title IV-D Agency shall make a reasonable effort to locate the obligee for the period authorized in A.R.S. § 25-503.

D. If the Title IV-D Agency is unable to locate the obligee by the end of the period authorized in A.R.S. § 25-503, the Title IV-D Agency shall contact the obligor to request oral or written approval to apply the funds to arrearages and any other unpaid obligations owed to the state. If the Title IV-D Agency is unable after a reasonable effort to locate the obligee or obligor, and an arrearage is still owed to the state, the Title IV-D Agency shall apply the payments to the arrearage. Any remaining amounts shall be handled consistent with applicable law.

E. If an obligee requests that the Title IV-D Agency directly deposit support in a financial institution and the financial institution returns those monies because the obligee's account is closed, or the financial institution will not accept the deposit, the Title IV-D Agency shall make a reasonable effort to locate the obligee for the period authorized in A.R.S. § 25-503, after receiving notice that the account is closed or that the financial institution will not accept the deposit.

F. Neither the return of monies to an obligor due to an inability to locate the obligee, nor the application of monies to arrearages or other support-related debts terminates an obligor's obligation ordered by a court or administrative entity.

G. The Title IV-D Agency shall disburse support that the Title IV-D Agency receives for a current assistance case within two business days of the last day of the month in which the Clearinghouse receives the payment.

H. Except as provided in subsections (G), (I), (J), (K), (L), and (M), the Title IV-D Agency shall disburse support within two business days of receipt by the Clearinghouse unless the Clearinghouse is unable to disburse the support for one or more of the following reasons:

1. The Title IV-D Agency does not have the obligee's current address;

2. The Title IV-D Agency or its payment posting contractor lacks sufficient information to identify the case to which the payment must be applied;

3. An action is pending before the Title IV-D Agency to determine whether:

a. An administrative income withholding order is enforceable under A.R.S. § 25-505.01, or

b. A limited income withholding order is enforceable under A.R.S. § 25-505;

4. The payment is for futures that federal law requires the Title IV-D Agency to hold for disbursement in a future month, or for prepaid support;

5. A court or administrative order, bankruptcy stay, or state or federal law requires the Title IV-D Agency to retain support or to use a different disbursement method or time-frame;

6. The Title IV-D Agency lacks information regarding a support order, an agreement, or any other obligation owed to the Department;

7. Support is returned to the Title IV-D Agency or the Clearinghouse due to the obligee's incarceration or because the obligee or only child still covered by the order is deceased;

8. A check received from an obligor or other payor has previously been dishonored, precluding the acceptance of a personal check under A.R.S. § 25-503; or

9. Other circumstances exist that prevent proper and timely disbursement of support through no fault or lack of diligence on the part of the Title IV-D Agency.

I. If a federal income tax refund offset is based on a joint federal income tax return, the Title IV-D Agency shall retain the offset for 180 days after receipt of the refund monies unless the Internal Revenue Service notifies the Title IV-D Agency of the resolution of an injured spouse claim, or until the spouse signs a waiver of any right to claim a portion of the refund. The Title IV-D Agency shall distribute and disburse a federal income tax refund offset that is based on a joint tax return in accordance with R6-7-709, R6-7-710 and R6-7-711 . The offset collections do not accrue interest and the Title IV-D Agency shall not pay interest on these monies.

J. If a [state income] tax refund is based on a joint income tax return and the department of economic security receives a written claim from the nonobligated spouse within forty-five days after the notice of a setoff for overdue child support, the setoff only applies to that portion of the refund due to the obligor. The nonobligated spouse shall provide to the department of economic security copies of both the obligated and nonobligated spouse's federal W-2 forms and evidence of estimated tax payments supporting the proportionate share of each spouse's payment of tax. The department of economic security shall retain the amount of the set off refund due to the obligated spouse determined by a proration based on the tax payments of each spouse by estimated tax payment or tax withheld from wages. A.R.S. § 42-1122(S).

K. The Title IV-D Agency shall distribute and disburse an Arizona income tax refund setoff that is based on a joint income tax return in accordance with R6-7-601 . The Title IV-D Agency shall not pay interest on these monies except as provided in A.R.S. §§ 42-1122 and 42-1123.

L. The Title IV-D Agency shall retain a state lottery prize that has been set off under A.R.S. § 5-525 for 30 days after the date on the notice of setoff and right to appeal as prescribed in A.R.S. § 5-525. The Title IV-D Agency shall not pay interest on these monies except as provided in A.R.S. § 5-525.

M. In addition to the reasons for retaining support already stated in this rule, the Title IV-D Agency may retain support for more than two business days if:

1. The amount received exceeds the amount due or owing, but is neither futures nor prepaid support;

2. The obligee's and obligor's financial accounts maintained by the Title IV-D Agency are out of balance;

3. An obligor has multiple cases and, in at least one case, has no known obligation to support a child, or a child covered by the support order is receiving Social Security benefits and A.R.S. § 46-407 applies;

4. A personal or business check received for support in one case exceeds $2,500 and there is no history of checks that exceed $2,500 clearing in that case. In no event shall the Title IV-D Agency retain these monies for more than 10 business days;

5. The Title IV-D Agency has received a notice of a stop payment order on a payment; or

6. The amount to be disbursed in a check is less than $3.00. When the amount held reaches $3.00 or more, the Title IV-D Agency shall disburse the amount.

N. If a support payment received by the Title IV-D Agency exceeds the amount due or owing and is neither futures nor prepaid support, the Title IV-D Agency shall refund the excess to the obligor at the last known address provided to the Child Support Case Registry.

O. If an obligee cannot be located before a case is closed, the Title IV-D Agency shall send any undisbursed amounts owed to the obligee back to the obligor.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4). Amended by final rulemaking at 15 A.A.R. 1250, effective September 5, 2009 (Supp. 09-3).
Ariz. Admin. Code § R6-7-702 Disbursement in Never Assistance Cases through December 31, 2002

Except as provided in R6-7-710 and R6-7-711 for federal income tax refund offsets, the Title IV-D Agency shall disburse support and related payments collected for an Arizona never assistance case to a recipient of services under Title IV-D or Title XIX of the Social Security Act as follows:

1. First, to current support;

2. Second, to the handling fee for the month in which the Title IV-D Agency receives the support;

3. Third, to never assigned arrearages;

4. Fourth, to fees and costs and unpaid handling fees;

5. Fifth, to futures.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-703 Disbursement in Never Assistance Cases on and after January 1, 2003

Except as provided in R6-7-710 and R6-7-711 for federal income tax refund offsets, and R6-7-611 for the mandatory annual fee effective on and after October 1, 2009, the Title IV-D Agency shall disburse support and related payments collected for an Arizona never assistance case to a recipient of services under Title IV-D or Title XIX of the Social Security Act as follows:

1. First, to current support;

2. Second, to never assigned arrearages;

3. Third, to the handling fee for the month in which the Title IV-D Agency receives the support and unpaid handling fees;

Fourth, to fees and costs;

Fifth, to futures.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4). Amended by final rulemaking at 15 A.A.R. 1250, effective September 5, 2010 (Supp. 09-3).
Ariz. Admin. Code § R6-7-704 Disbursement in Current Assistance Cases through December 31, 2002

Except as provided in R6-7-710 and R6-7-711 for federal income tax refund offsets, the Title IV-D Agency shall disburse support and related payments collected for an Arizona Title IV-D current assistance case as follows:

1. First to current support assigned to the state of Arizona, not to exceed the total amount of unreimbursed cash assistance;

2. Second, to the handling fee for the month in which the Title IV-D Agency receives the support;

3. Third, to temporarily assigned arrearages;

4. Fourth, to permanently assigned arrearages;

Fifth, to unassigned arrearages;

Sixth, to fees and costs;

Seventh, to futures.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-705 Disbursement in Current Assistance Cases on and after January 1, 2003

A. For all recipients who applied for current assistance prior to October 1, 2009 and therefore assigned their rights to support to the state, the Title IV-D Agency shall disburse support and related payments, except as provided in R6-7-710 and R6-7-711 for federal income tax refund offsets, collected for an Arizona Title IV-D current assistance case as follows:

1. First, to current support assigned to the state of Arizona, not to exceed the total amount of unreimbursed cash assistance;

2. Second, to temporarily assigned arrearages;

3. Third, to permanently assigned arrearages;

Fourth, to unassigned arrearages;

5. Fifth, to the handling fee for the month in which the Title IV-D Agency receives the support and other unpaid handling fees;

6. Sixth, to fees and costs;

7. Seventh, to futures.

B. For all recipients who applied for current assistance on and after October 1, 2009, the Title IV-D Agency shall disburse support and related payments, except as provided in R6-7-710 and R6-7-711 for federal income tax refund offsets, collected for an Arizona Title IV-D current assistance case as follows:

1. First, to current support assigned to the state of Arizona, not to exceed the total amount of unreimbursed cash assistance;

2. Second, to temporarily assigned arrearages which were assigned prior to October 1, 2009;

3. Third, to permanently assigned arrearages;

4. Fourth, to never assigned arrearages;

5. Fifth, to conditionally assigned arrearages based on assignments entered prior to October 1, 2009;

6. Sixth, to unassigned pre-assistance arrearages;

Seventh, to unassigned during-assistance arrearages;

8. Eighth, to the handling fee for the month in which the Title IV-D Agency receives the support and other unpaid handling fees;

9. Ninth, to fees and costs;

10. Tenth, to futures.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4). Amended by final rulemaking at 15 A.A.R. 1250, effective September 5, 2010 (Supp. 09-3).
Ariz. Admin. Code § R6-7-706 Disbursement in Current Assistance Cases with a Child Exempt from Assignment

A. The Title IV-D Agency shall disburse the prorated share of support received for a Child Not on Grant to the obligee after the end of the month in which it is received.

B. If the Title IV-D Agency determines that a child is a Child Not on Grant, the unpaid share of support accrues as never assigned arrearages.

C. If a Child Not on Grant is no longer subject to A.R.S. § 46-407(B), and instead is subject to the remaining provisions of A.R.S. §§ 46-407 and 46-408, all previously unpaid arrearages are assigned to the state.

D. While an assistance unit is receiving cash assistance, the Title IV-D Agency shall disburse the prorated share of support received for a child subject to the provisions of A.R.S. § 46-292(G) to the obligee after the end of the month of current assistance.

E. If the Title IV-D Agency determines that a child in an assistance unit is subject to the provisions of A.R.S. § 46-292(G), the unpaid prorated share of support accrues as never assigned arrearages.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-707 Disbursement under Federal Law from October 1, 1997 through September 30, 2000 for Former Assistance Cases

Except as provided in R6-7-710 and R6-7-711 for federal income tax refund offsets, the Title IV-D Agency shall disburse support and related payments for a former cash assistance case as follows:

1. First, to current support;

2. Second, to the handling fee for the month in which the Title IV-D Agency receives the support;

3. Third, to never assigned arrearages;

4. Fourth, to temporarily assigned arrearages;

Fifth, to the permanently assigned arrearages;

6. Sixth, to unassigned arrearages;

7. Seventh, to unpaid handling fees;

8. Eighth, to fees and costs;

9. Ninth, to futures as provided in R6-7-606.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-708 Disbursement under Federal Law from October 1, 2000 through December 31, 2002 for Former Assistance Cases

Except as provided in R6-7-710 and R6-7-711 for federal income tax refund offsets, the Title IV-D Agency shall disburse support and related payments for a former cash assistance case as follows:

1. First, to current support;

2. Second, to the handling fee for the month in which the Title IV-D Agency receives the support;

3. Third, to never assigned arrearages;

4. Fourth, to unassigned pre-assistance arrearages;

5. Fifth, to conditionally assigned arrearages;

6. Sixth, to permanently assigned arrearages;

Seventh, to unassigned during-assistance arrearages;

8. Eighth, to fees and costs;

9. Ninth, to futures.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-709 Disbursement under Federal Law on and after January 1, 2003 for Former Assistance Cases

Except as provided in R6-7-710 and R6-7-711 for federal income tax refund offsets, the Title IV-D Agency shall disburse support and related payments collected for a former assistance case, as follows:

1. First, to current support;

2. Second, to never assigned arrearages;

3. Third, to unassigned pre-assistance arrearages;

4. Fourth, to conditionally assigned arrearages;

5. Fifth, to permanently assigned arrearages;

Sixth, to unassigned during-assistance arrearages;

7. Seventh, to the handling fee for the month in which the Title IV-D Agency receives the support and other unpaid handling fees;

8. Eighth, to fees and costs;

9. Ninth, to futures.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-710 Disbursement of Federal Income Tax Refund Offsets under Federal Law from October 1, 1997 through September 30, 2000

The Title IV-D Agency shall disburse support collected through federal income tax refund offset in accordance with 26 U.S.C. 6402 and 42 U.S.C. 664, as follows:

1. First, to temporarily assigned arrearages;

2. Second, to permanently assigned arrearages; and

3. Third, to never assigned and unassigned arrearages.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-711 Disbursement of Federal Income Tax Refund Offsets under Federal Law on and after October 1, 2000

A. The Title IV-D Agency shall disburse arrearages collected through federal income tax refund offset in accordance with 26 U.S.C. 6402 and 42 U.S.C. 664, as follows:

1. First, to temporarily or conditionally assigned arrearages owed to the state of Arizona;

2. Second, to permanently assigned arrearages; and

3. Third, to never assigned and unassigned arrearages.

B. The Title IV-D Agency shall retain conditionally assigned arrearages collected through the federal income tax refund offset to reimburse the state and federal governments for unreimbursed cash assistance paid to the assistance unit. The Title IV-D Agency shall pay conditionally assigned arrearages, collected from any source other than a federal income tax refund offset, to the obligee.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-712 Caretaker Disbursement

If an obligee with a child support case becomes the caretaker of a child who is not the obligee's child, the Title IV-D Agency shall disburse support and related payments owed to the obligee in accordance with R6-7-703, R6-7-704, R6-7-707, and R6-7-708, as applicable. The support and related payments for the assistance unit shall be disbursed in accordance with R6-7-705.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-713 Past Support Judgments

If a court or an administrative entity orders past support that covers a period in which the obligee was on cash assistance, the amount for that period is assigned to the state and the Title IV-D Agency shall distribute collections in accordance with A.R.S. § 46-408 and disburse support in accordance with this Article. If a child covered by the order was receiving Title IV-E foster care maintenance payments for any of the period covered by the judgment, the amount for that period is assigned to the state and collections shall be distributed in accordance with R6-7-608 . A past support judgment ordered on and after September 26, 2008 does not accrue interest.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4). Amended by final rulemaking at 15 A.A.R. 1250, effective September 5, 2010 (Supp. 09-3).
Ariz. Admin. Code § R6-7-714 Interest on Arrearages

A. The Title IV-D Agency shall retain interest paid on arrearages assigned to the state of Arizona that do not exceed the total amount of unreimbursed cash assistance.

B. From October 1, 1997 through September 31, 2000, the Title IV-D Agency shall allocate the amount of interest on permanently assigned, temporarily assigned, never assigned, and unassigned arrearages based on a proportionate share of the total amount of arrearages owed. The Title IV-D Agency shall determine the percentage allocated to each arrearage type by dividing each arrearage type by the total arrearages and multiplying the resulting percentages by the total amount of interest accrued.

C. On and after October 1, 2000, the Title IV-D Agency shall allocate the amount of interest on permanently assigned, temporarily assigned, conditionally assigned, never assigned, and unassigned arrearages based on a proportionate share of the total amount of arrearages owed. The Title IV-D Agency shall determine the percentage allocated to each arrearage type by dividing each arrearage type by the total arrearages and multiplying the resulting percentages by the total amount of interest accrued.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-715 Unassigned Arrearages

A. If a family stops receiving cash assistance, the Title IV-D Agency shall compare unreimbursed cash assistance and assigned arrearages as of the last day of the month when the family leaves assistance. If the total amount of assigned arrearages and accrued interest exceeds unreimbursed cash assistance, the Title IV-D Agency shall unassign the excess amount. These amounts are unassigned arrearages. The Title IV-D Agency shall unassign arrearages as follows:

1. First, from the interest owed on temporarily assigned arrearages;

Second, from the corresponding principal of the temporarily assigned arrearages;

3. Third, from the interest owed on permanently assigned arrearages; and

4. Fourth, from the corresponding principal on the permanently assigned arrearages.

B. On and after October 1, 2000, if the Title IV-D Agency unassigns arrearages from temporarily assigned amounts, these amounts are unassigned pre-assistance arrearages. The Title IV-D Agency shall first unassign the interest on arrearages and second unassign the corresponding principal on arrearages.

C. On and after October 1, 2000, if the Title IV-D Agency unassigns arrearages from permanently assigned amounts, these amounts are unassigned during-assistance arrearages. The Title IV-D Agency shall first unassign the interest on arrearages and second unassign the corresponding principal on arrearages.

D. For arrearages assigned before the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the federal government did not require states to track periods of assignment. If the Title IV-D Agency cannot determine whether the unassigned arrearages were from a pre-assistance period or a during-assistance period, the Title IV-D Agency shall treat those unassigned arrearages as unassigned pre-assistance arrearages.

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4).
Ariz. Admin. Code § R6-7-716 Expired

History

  • New Section made by final rulemaking at 11 A.A.R. 5201, effective November 15, 2005 (Supp. 05-4). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 466, effective January 11, 2017 (Supp. 17-1).

Article 8 EXPIRED

Ariz. Admin. Code § R6-7-801 Expired

History

  • New Section made by final rulemaking at 10 A.A.R. 1973, effective April 23, 2004 (Supp. 04-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 466, effective January 11, 2017 (Supp. 17-1).

Chapter 8 DEPARTMENT OF ECONOMIC SECURITY - AGING AND ADULT ADMINISTRATION

Article 1 GRIEVANCES AND HEARINGS

Ariz. Admin. Code § R6-8-101 Definitions

A. "Aging and Adult Administration" means the Aging and Adult Administration of the Division of Aging and Community Services, Department of Economic Security.

B. "Area agency" means an organization designated by the Department to develop and administer the area plan for a system of services to older persons.

C. "Area plan" means a plan for a comprehensive and coordinated system of services for older persons governing activities in a planning and service area.

D. "Client" means any person who applies for or receives services from the Department or from a service provider under the Older Americans Act, 42 U.S.C. 3001 et seq. or the Arizona Older Americans Act - nonmedical Home and Community-Based Care Services, A.R.S. § 46-191 et seq.

E. "Department" means the Department of Economic Security.

F. "Grievant" means an organization listed in R6-8-103 which has filed a request for review with the Department.

G. "Nutrition project" means the recipient of a subgrant or contract to provide nutrition services, other than the Area Agency.

H. "Party" means any client or grievant appealing an action under R6-8-105 or the Department.

I. "Program Administrator" means the Administrator of the Aging and Adult Administration.

J. "Service provider" means a person or organization that is awarded a subgrant or contract from an area agency to provide services under the area plan.

History

  • Adopted effective May 12, 1981 (Supp. 81-3). Section repealed, new Section adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-102 Client Complaint Resolution Procedures

A. Each area agency shall have a written complaint resolution procedure which shall be made available to all clients.

B. The complaint resolution procedure shall provide for an informal meeting to adjust the dispute and shall inform the client of the right to appeal if not satisfied with the area agency's decision.

C. The area agency shall issue its decision within 30 days of the date the complaint is filed.

History

  • Adopted effective May 12, 1981 (Supp. 81-3). Section repealed, new Section adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-103 Right to Review

An administrative review shall be available to:

1. Any area agency when the Department proposes to disapprove an area plan or plan amendment submitted by the area agency, or withdraw the area agency's designation;

2. Any applicant for designation as a planning and service area whose application is denied;

3. Any nutrition project for which the area agency proposes to cancel funding;

4. Any service provider whose application to provide services under an area plan is denied or whose subgrant or contract is terminated or not renewed.

History

  • Adopted effective May 12, 1981 (Supp. 81-3). Section repealed, new Section adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-104 Administrative Review Procedures

A. A request for administrative review must be filed in writing within 30 days of receipt of the notice of an adverse action. The request shall be signed by the grievant or an authorized representative of the grievant and directed to:

The Program Administrator

Aging and Adult Administration

Department of Economic Security

P.O. Box 6123

Phoenix, Arizona 85005

B. The Program Administrator or the Administrator's designee shall schedule an administrative review conference to meet with the grievant or a representative of the grievant. At the administrative review conference, the grievant or the grievant's representative may review pertinent evidence on which the action was based.

C. The Program Administrator shall issue a final decision within 60 days of the filing of the request for administrative review.

History

  • Adopted effective May 12, 1981 (Supp. 81-3). Section repealed, new Section adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-105 Right to Appeal

A. A client who is dissatisfied with the final decision issued by the area agency pursuant to R6-8-102 of this Article has the right to appeal that decision.

B. A grievant who is dissatisfied with the final decision issued by the Program Administrator pursuant to R6-8-103 of this Article has the right to appeal that decision.

History

  • Adopted effective May 12, 1981 (Supp. 81-3). Section repealed, new Section adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-106 Filing an Appeal

A. Any client or grievant filing an appeal under these rules shall file a written request for hearing with the Program Administrator within 15 days after the mailing date of the area agency or Program Administrator's decision.

B. A document shall be considered received by and filed with the Department:

1. If transmitted via the United States Postal Service, on the date it is mailed. The mailing date shall be:

a. As shown by the postmark; or

b. As shown by the postage meter mark of the envelope in which it is received if there is no postmark; or

c. The date entered on the document as the date of its completion, if there is no postmark, or no postage meter mark, or if the mark is illegible.

2. On the date it is received by the Department, if transmitted by any means other than the United States Postal Service.

3. The submission of document not within the specified statutory or regulatory period shall be considered timely if it is established to the satisfaction of the Department that the delay in submission was due to Department error or misinformation, or to delay by the United States Postal Service.

History

  • Adopted effective May 12, 1981 (Supp. 81-3). Section repealed, new Section adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-107 Service on Parties

Any document mailed by the Department shall be considered as having been served on the addressee on the date it is mailed to the addressee's last known address. The date mailed shall be presumed to be the date of the document, unless otherwise indicated by the facts.

History

  • Adopted effective May 12, 1981 (Supp. 81-3). Section repealed, new Section adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-108 Time

Any reference within this Article to "days" shall mean calendar days unless otherwise specified. In computing any period of time, the date of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be counted, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.

History

  • Adopted effective May 12, 1981 (Supp. 81-3). Section repealed, new Section adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-109 Scheduling and Notice of Hearing

A. Hearings shall be held at those regularly established hearing locations most convenient to the parties or, at the discretion of the hearing officer, by telephone. The parties shall be given no less than 20 days' notice of hearing, except that the parties may waive the notice period or request a delay.

B. The notice of hearing shall inform the parties of the date, time, and place of hearing, the name of the hearing officer, the issues involved, and the right to:

1. Present the case in person or by telephone.

2. Copy any documents to be used by the Department at the hearing at a reasonable time before the hearing.

3. Request a change of hearing officer.

C. If a party contacts the Office of Appeals promptly after receiving the notice of hearing and requests a postponement for good cause, the hearing officer shall grant a postponement for a reasonable period. Good cause exists when the circumstances causing the request are beyond the reasonable control of the requesting party and failure to grant the postponement would result in undue hardship to the requesting party.

D. All scheduling is the responsibility of the Office of Appeals.

History

  • Adopted effective May 12, 1981 (Supp. 81-3). Section repealed, new Section adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-110 Change of Hearing Officer

Not less than five days before the date set for the hearing, any party may file a written request for change of hearing officer and the matter shall immediately be transferred to another hearing officer. A hearing officer may be challenged for cause at any time before a decision becomes final. Except for good cause, not more than one change of hearing officer shall be granted to any one party.

History

  • Adopted effective May 12, 1981 (Supp. 81-3). Section repealed, new Section adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-111 Failure of a Party to Appear

A. If there is no appearance on behalf of a party at a scheduled hearing, the hearing officer may adjourn the hearing to a later date or may make the decision on the record and on such evidence as may be presented at the scheduled hearing.

B. If, within 15 days of the scheduled hearing, a party files a written request to reopen the proceedings and establishes good cause for failure to appear at the scheduled hearing, the hearing shall be rescheduled. Notice shall be given of the time, place, and the purpose of any continued, reopened, or rescheduled hearing to all parties. Good cause shall be established upon proof that both the failure to appear and failure to timely notify the hearing officer were beyond the reasonable control of the nonappearing party.

History

  • Adopted effective May 12, 1981 (Supp. 81-3). Section repealed, new Section adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-112 Subpoena of Witnesses and Documents

The hearing officer may subpoena any witnesses or documents requested by any party or upon the hearing officer's own motion.

1. The request shall be in writing and shall state the name and address of the witness and the nature of the expected testimony. The nature of the witness' testimony must be relevant to the issues of the hearing; otherwise the hearing officer may deny the request.

2. A request for subpoena of documents shall describe them in detail and provide the name and address of the custodian.

3. The request for the issuance of a subpoena shall be filed a minimum of five working days before the hearing.

4. The Department shall prepare and serve all subpoenas. Service of the subpoena shall be accomplished by certified mail, return receipt requested.

History

  • Adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-113 Conduct of Hearing

A. Hearings shall be conducted in an orderly and dignified manner. All hearings shall be open to the public, but the hearing officer conducting a hearing may close the hearing to other than parties to the extent necessary to protect the interests and rights of the parties.

B. Hearings shall be opened, conducted, and closed by the hearing officer who shall rule on the admissibility of evidence and shall direct the order of proof. The hearing officer shall have the power to administer oaths and affirmations, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and the production of any documents deemed necessary as evidence in connection with a hearing.

C. Evidence not related to the issue shall not be allowed to become a part of the record.

D. The hearing officer may, on the hearing officer's own motion or at the request of a party, exclude witnesses from the hearing room.

E. The parties may present evidence, cross-examine witnesses, and present arguments.

F. The parties to an appeal, with the consent of the hearing officer, may stipulate to facts involved in writing or on the record.

G. At the conclusion of the hearing, the parties shall be granted a reasonable opportunity to present argument on all issues of fact and law to be decided. The hearing officer shall afford the parties an opportunity to present oral argument, or to file briefs, or both.

H. A full and complete record shall be kept of all proceedings in connection with an appeal. The record shall be open for inspection by the parties. A transcript of the proceedings need not be made unless it is required for further proceedings,

History

  • Adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-114 Hearing Decision

A. A hearing decision shall be rendered exclusively on the evidence and testimony produced at the hearing, appropriate state and federal law, and Department rules governing the issue in dispute.

B. The decision shall set forth the pertinent facts involved, the conclusions drawn from such facts, the sections of applicable law or rule, the decision, and the reasons therefor. A copy of the decision, together with an explanation of the appeal rights, shall be delivered or mailed to each party or designated representative not more than 60 days from the date of filing the request for hearing unless the delay was caused by the appellant, in which case the time limit for delivery is extended by the number of days attributable to the appellant.

C. All decisions in favor of the appellant apply retroactively to the date of the action being appealed or to the date the hearing officer specifically finds appropriate.

D. The decision of the hearing officer shall become the final decision of the Department 15 days after it is issued unless a written petition for review has been filed.

History

  • Adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-115 Termination of Appeal

An appeal may be terminated as follows:

1. By voluntary withdrawal if the appellant submits a signed letter or on the record at any time before the decision is issued.

2. By default when a party fails to appear at a scheduled hearing and fails to request a rescheduled hearing within 15 days. An appeal will not be considered abandoned if the party provides notification up to the time of the hearing that he is unable, due to good cause, to appear and that he still wishes a hearing, or that the matter be considered on the record.

History

  • Adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-116 Appeal to the Commissioner on Aging

A. An appellant which has been denied designation as a planning and service area may appeal to the Commissioner on Aging, Department of Health and Human Services, within 30 days after the hearing officer's decision is mailed or otherwise delivered.

B. The appeal shall be in writing, signed, and dated. It shall set forth the grounds for the request and may be filed personally or by mail to the Administrator, Aging and Adult Administration.

History

  • Adopted effective August 9, 1993 (Supp. 93-3).
Ariz. Admin. Code § R6-8-117 Review by the Appeals Board

A. In all cases not covered by R6-8-116 of this Article, a party may petition for review of an adverse hearing decision within 15 days after the decision is mailed or otherwise delivered to the appellant. The petition for review shall be in writing, signed, and dated. It shall state the grounds for the request and may be filed personally or by mail to the Aging and Adult Administration or the Office of Appeals.

B. The Appeals Board may remove to itself any matter before a hearing officer before the issuance of a decision or, if a decision has been issued, before the decision has become final. Upon removal, the Appeals Board shall notify the parties of the removal.

C. In any case of removal or review, the Appeals Board shall notify the Office of Appeals that it has accepted jurisdiction, and the Office of Appeals shall prepare a complete record of the case, including a transcript, which shall be provided to the parties upon request.

D. A copy of the Appeals Board decision, together with a statement specifying the rights to further review, shall be distributed to each party.

History

  • Adopted effective August 9, 1993 (Supp. 93-3).

Article 2 ADULT PROTECTIVE SERVICES

Ariz. Admin. Code § R6-8-201 Definitions

In addition to the definitions in A.R.S. § 46-451, the following definitions apply in this article unless the context requires otherwise.

1. "Adult" means a person 18 years of age or older.

2. "Adult Protective Services" or "APS" means a program within the Department of Economic Security which provides protective services.

3. "Conservator" means a person who has been appointed by a court to manage the affairs of another, as prescribed in A.R.S. § 14-5401 et seq.

4. "Danger to self" means:

a. Behavior which, as a result of a mental disorder, constitutes a danger of inflicting serious physical harm upon oneself, including attempted suicide or the serious threat thereof, if the threat is such that, when considered in the light of its context and in light of the individual's previous acts, it is substantially supportive of an expectation that the threat will be carried out; {or}

b. Behavior which, as a result of a mental disorder, will, without hospitalization, result in serious physical harm or serious illness to the person, except that this definition shall not include behavior which establishes only the condition of gravely disabled. A.R.S. § 36-501(5).

5. "Department" means the Department of Economic Security.

6. "gravely disabled" means "a condition, evidenced by behavior in which a person, as a result of a mental disorder, is likely to come to serious physical harm, or serious illness because he is unable to provide for his basic physical needs." A.R.S. § 36-501.

7. "Guardian" means a person who has been appointed by a court to manage the affairs of another, as prescribed in A.R.S. § 14-5301 et seq.

8. "Information and referral" means the provision of information or referral to help a person who contacts or is reported to the Department, but is not alleged to be abused, neglected, or exploited, to locate and obtain help with a problem.

9. "Intake" means a duty performed by APS staff in receiving reports or providing information and referral.

10. "Jurisdiction" means the state of Arizona, exclusive of Native American Reservation land.

11. "Life-threatening situation" means a situation or circumstance that is likely to result in death if not corrected by medical or law enforcement intervention.

12. "Mental disorder" means "a substantial disorder of a person's emotional processes, thought, cognition, or memory. Mental disorder is distinguished from:

a. Conditions which are primarily those of drug abuse, alcoholism, or mental retardation, unless, in addition to 1 or more of these conditions, the person has a mental disorder;

b. The declining mental abilities that directly accompany impending death; and

c. Character and personality disorders characterized by lifelong and deeply ingrained anti-social behavior patterns, including sexual behaviors which are abnormal and prohibited by statute unless the behavior results from a mental disorder". A.R.S. § 36-501.

13. "Personally identifiable information" means any information that can indicate a person's identity including:

a. Name;

b. Address;

c. Telephone number;

d. Fax number;

e. Photograph;

f. Fingerprints;

g. Physical description;

h. Place, address, or telephone number of employment;

i. Social security number;

j. Tribal affiliation;

k. Tribal identification number;

l. Driver's license number;

m. Birthdate;

n. Medical information, history, and diagnosis; or

o. Any other information that would reasonably lead to the identification of a person.

14. "Prepetition screening" means the "review of each application requesting court-ordered evaluation, including an investigation of facts alleged in such application, an interview with each applicant and an interview, if possible, with the proposed patient. The purpose of the interview with the proposed patient is to assess the problem, explain the application, and, when indicated, attempt to persuade the proposed patient to receive, on a voluntary basis, evaluation or other services". A.R.S. § 36-501(30).

15. "Protected person" means "a minor or any other person for whom a conservator has been appointed or any other protective order has been made". A.R.S. § 14-5101(4).

16. "Protective services" means "a program of identifiable and specialized social services that may offer social services appropriate to resolve problems of abuse, exploitation or neglect of an incapacitated or vulnerable adult". A.R.S. § 46-451(A)(8).

17. "Record" means a collection of documents, including electronic documents, related to casework about a person reported to APS, or receiving APS services.

18. "Report" means a communication which alleges abuse, neglect, or exploitation of an incapacitated or vulnerable adult, or information regarding an adult who may be in need of protective services.

19. "Special visitation warrant" means an order of the Superior court that is issued as prescribed in A.R.S. § 14-5310.01 and which permits an APS worker, accompanied by a peace officer, to visit the residence of an adult believed to be incapacitated and abused, neglected, or exploited.

20. "Business day" means 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding Arizona state holidays.

History

  • R6-8-201 recodified from A.A.C. R6-5-5601 effective February 13, 1996 (Supp. 96-1). Former Section R6-8-201 repealed, new Section R6-8-201 adopted effective August 21, 1996 (Supp. 96-3). Amended by final rulemaking at 18 A.A.R. 2716, effective December 2, 2012 (Supp. 12-4).
Ariz. Admin. Code § R6-8-202 Reporting Requirements for Adult Protective Service Cases

Upon receipt of a report, as prescribed in A.R.S. § 46-454, APS shall ask the reporting source to provide:

1. All information as prescribed in A.R.S. § 46-454(C); and,

2. As much information regarding the allegedly incapacitated, or vulnerable adult as is available to the source including:

a. The names and addresses of those involved and their roles;

b. The length of time the situation has been ongoing;

c. The client's functional level;

d. Whether other agencies are providing assistance and, if so, what type of assistance; and,

e. Any other information that may assist the APS worker in the investigation.

History

  • R6-8-202 recodified from A.A.C. R6-5-5602 effective February 13, 1996 (Supp. 96-1). Former Section R6-8-202 repealed, new Section R6-8-202 adopted effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-203 Eligibility for Services

To be eligible for APS services, a person shall be:

1. Age 18 years or older;

2. Incapacitated or vulnerable;

3. The victim or alleged victim of abuse, neglect, or exploitation; and,

Within the jurisdiction.

History

  • R6-8-203 recodified from A.A.C. R6-5-5603 effective February 13, 1996 (Supp. 96-1). Former Section R6-8-203 repealed, new Section R6-8-203 adopted effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-204 Jurisdiction

A. An APS worker shall not investigate reports of events that occurred in another state or foreign country.

B. An APS worker shall investigate reports that occurred on an Indian reservation, upon written invitation by the tribal council.

History

  • R6-8-204 recodified from A.A.C. R6-5-5604 effective February 13, 1996 (Supp. 96-1). Former Section R6-8-204 repealed, new Section R6-8-204 adopted effective August 21, 1996 (Supp. 96-3). Amended by final rulemaking at 18 A.A.R. 2716, effective December 2, 2012 (Supp. 12-4).
Ariz. Admin. Code § R6-8-205 Classification

At intake, an APS worker shall classify the incoming communication into one of the following two categories:

1. Information and referral, or

2. Report accepted for evaluation and investigation.

History

  • R6-8-205 recodified from A.A.C. R6-5-5605 effective February 13, 1996 (Supp. 96-1). Former Section R6-8-205 repealed, new Section R6-8-205 adopted effective August 21, 1996 (Supp. 96-3). Amended by final rulemaking at 18 A.A.R. 2716, effective December 2, 2012 (Supp. 12-4).
Ariz. Admin. Code § R6-8-206 Investigation

Reports Accepted for Evaluation and Investigation:

1. In alleged life-threatening situations, the APS worker shall refer the reporting source or initiate contact with:

a. Local law enforcement authorities,

b. Paramedics, or

c. An emergency medical team.

2. When an APS worker investigates a situation that may present a danger to the APS worker or client, the APS worker may ask law enforcement authorities to participate in the investigation either at the time of the report or upon arrival at the scene.

3. An APS worker shall visit a person who may be in need of adult protective services within the following established time-frames:

a. Priority 1. The APS worker shall initiate an assessment within one business day following a report of a qualifying problem with an imminent and substantial risk of life-threatening harm.

b. Priority 2. The APS worker shall initiate an assessment within two business days following a report of a qualifying problem with aggravating circumstances.

c. Priority 3. The APS worker shall initiate assessment within five business days following a report of a qualifying problem with mitigating or no aggravating circumstances.

4. The APS worker shall investigate, determine, and document in the record whether:

a. The allegations are proposed for substantiation,

b. The client needs services,

c. The client will accept services,

d. The client appears able to provide informed consent for the provision of services,

e. The Department needs to request an outside mental health assessment, or

f. The Department needs to file for a special visitation warrant.

5. To make the assessment described in subsection (A)(4), the APS worker shall consider all relevant circumstances regarding the client, which may include the following:

a. The client's appearance,

b. Identifying information,

c. Financial information,

d. Existing protective arrangements,

e. Physical status including any disabilities,

f. Medications,

g. Medical history,

h. Mental status,

i. Functional status,

j. Behavioral status,

k. Social environment,

l. Physical environment,

m. Nutrition,

n. Services provided by other resources,

o. The client's perception of the situation, and

p. The perception of the client's situation by:

i. Family,

ii. Neighbors,

iii. Caregivers,

iv. Friends, or

v. Other concerned parties.

History

  • R6-8-206 recodified from A.A.C. R6-5-5606 effective February 13, 1996 (Supp. 96-1). Former Section R6-8-206 repealed, new Section R6-8-206 adopted effective August 21, 1996 (Supp. 96-3). Amended by final rulemaking at 18 A.A.R. 2716, effective December 2, 2012 (Supp. 12-4).
Ariz. Admin. Code § R6-8-207 Case Planning

A. The APS worker shall maintain a case plan for clients in need of protective services.

1. The case plan shall contain:

a. Specific goals and objectives,

b. Outline of casework activities for achieving objectives, and

c. Time frames for achieving objectives.

B. An APS worker shall:

1. Involve the client in identifying and understanding the client's needs and planning of services to address those needs, unless the client's mental or physical condition prevents the client from participating in planning;

Locate persons who can help the client achieve planned goals;

3. Regularly assess the client's progress towards the goals;

4. Revise goals to meet the changing needs of the client; and,

5. Coordinate with other agencies to address the client's needs.

History

  • R6-8-207 recodified from A.A.C. R6-5-5607 effective February 13, 1996 (Supp. 96-1). Former Section R6-8-207 repealed, new Section R6-8-207 adopted effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-208 Refusal of Services by the Adult or Guardian

A. An adult may refuse adult protective services.

B. If an APS worker believes that a client in need of services is a danger to self or gravely disabled due to a mental disorder, as prescribed in A.R.S. § 36-501 or in need of a guardianship or conservatorship, the APS worker may obtain further assessment of the client's physical or mental health in order to take action to protect the client.

1. The action may include:

a. Seeking a special visitation warrant if the APS worker is denied access to a client,

b. Petitioning for appointment of a conservator or guardian, or

c. Applying for prepetition screening.

C. A guardian may refuse services on behalf of a protected person.

D. If an APS worker finds that a guardian is not acting in the best interest of a protected person, the APS worker may petition the court to review the guardianship. The petition shall include the specific reasons that the APS worker believes that the guardian is not acting in the best interest of the ward.

History

  • R6-8-208 recodified from A.A.C. R6-5-5608 effective February 13, 1996 (Supp. 96-1). Former Section R6-8-208 repealed, new Section R6-8-208 adopted effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-209 Case Closure

APS may close a case when:

1. Allegations of abuse, neglect, or exploitation are not substantiated;

2. The abuse, neglect, or exploitation is resolved by the provision of services or other methods;

3. The client's capacity is not in question, and the client is refusing APS involvement or is not accepting viable remedies for prevention of risk;

4. The client is admitted to care in a state institution or other care facility;

5. The client has moved outside the jurisdiction;

6. The client dies;

7. Contact with the client is lost and 3 attempts to reestablish contact have failed; or,

8. Guardianship or conservatorship is obtained.

History

  • R6-8-209 recodified from A.A.C. R6-5-5609 effective February 13, 1996 (Supp. 96-1). Former Section R6-8-209 repealed, new Section R6-8-209 adopted effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-210 Confidentiality

A. All personally identifiable information is confidential as prescribed in A.R.S. § 41-1959. A person who is entitled to obtain information pursuant to A.R.S. § 41-1959(C) and who wishes to obtain information shall comply with the requirements of this Section.

B. The person shall send a written request to the Custodian of Records at the Department of Economic Security, Division of Aging and Adult Services, Adult Protective Services, Central Office, 1789 W. Jefferson, Site code 950A, Phoenix, Arizona 85007. The request shall include the following information:

1. The name, address, and telephone number of the person, organization, or entity requesting information;

2. If the request is on behalf of an organization or entity, the name and title of the person signing the request;

3. The purpose for which the information is sought;

4. The Section of A.R.S. § 41-1959(C) authorizing the person to obtain the information;

5. The name of the client who is the subject of the APS report, with as much of the following information as the requester can provide:

a. Other possible spellings, names, or aliases of the client;

b. The approximate date of the APS report; and,

c. Any other data that the requester believes will be likely to assist the Department in identifying the information requested.

C. Upon receipt of a request for information, the Department shall determine if the request is complete. If the request is not complete, the Department shall contact the requester for the missing information.

D. The receipt date is the day that the receiving office designated on the request actually receives the complete request, as prescribed in subsection (B).

E. The Department shall respond to the requester within 15 business days.

F. The person releasing the information shall document in the case record:

1. The name of the person to whom the information was released,

2. The date and method of release, and

3. A description of the information released.

History

  • R6-8-210 recodified from A.A.C. R6-5-5610 effective February 13, 1996 (Supp. 96-1). Former Section R6-8-210 repealed, new Section R6-8-210 adopted effective August 21, 1996 (Supp. 96-3). Amended by final rulemaking at 18 A.A.R. 2716, effective December 2, 2012 (Supp. 12-4).
Ariz. Admin. Code § R6-8-211 [REPEALED]

History

  • R6-8-211 recodified from A.A.C. R6-5-5611 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-212 [REPEALED]

History

  • R6-8-212 recodified from A.A.C. R6-5-5612 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-213 [REPEALED]

History

  • R6-8-213 recodified from A.A.C. R6-5-5613 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-214 [REPEALED]

History

  • R6-8-214 recodified from A.A.C. R6-5-5614 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-215 [REPEALED]

History

  • R6-8-215 recodified from A.A.C. R6-5-5615 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-216 [REPEALED]

History

  • R6-8-216 recodified from A.A.C. R6-5-5616 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-217 [REPEALED]

History

  • R6-8-217 recodified from A.A.C. R6-5-5617 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-218 [REPEALED]

History

  • Adopted effective July 6, 1976 (Supp. 76-4). Former Section R6-5-5617 renumbered as Section R6-5-5618 effective January 13, 1977 (Supp. 77-1). R6-8-218 recodified from A.A.C. R6-5-5618 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-219 [REPEALED]

History

  • R6-8-219 recodified from A.A.C. R6-5-5619 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-220 [REPEALED]

History

  • R6-8-220 recodified from A.A.C. R6-5-5620 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-221 [REPEALED]

History

  • R6-8-221 recodified from A.A.C. R6-5-5621 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-222 [REPEALED]

History

  • R6-8-222 recodified from A.A.C. R6-5-5622 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-223 [REPEALED]

History

  • R6-8-223 recodified from A.A.C. R6-5-5623 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).
Ariz. Admin. Code § R6-8-224 [REPEALED]

History

  • R6-8-224 recodified from A.A.C. R6-5-5624 effective February 13, 1996 (Supp. 96-1). Repealed effective August 21, 1996 (Supp. 96-3).

Chapter 9 DEPARTMENT OF ECONOMIC SECURITY - APPELLATE SERVICE ADMINISTRATION

Article 3 DECISIONS, HEARINGS, AND ORDERS

Ariz. Admin. Code § R6-9-301 Definitions

1 "ASA" means the Appellate Services Administration within the Arizona Department of Economic Security.

2 "Electronic transmission" means the service of documents via facsimile transmission ("fax") and electronic mail ("e-mail").

3 "On the record" means audio recorded during a formal proceeding conducted by a hearing officer.

4 "Party" means an appellant, appellee, or the Department.

History

  • New Section made by final rulemaking at 19 A.A.R. 823, effective June 1, 2013 (Supp. 13-2).
Ariz. Admin. Code § R6-9-302 Electronic Service of Documents by the Appellate Services Administration

AASA may transmit documents electronically, rather than by conventional mail, to parties who have consented to electronic service.

BConsent to Electronic Service.

1 A party may only consent to be electronically served documents by:

a Submission of a written consent to ASA; or

b Consenting on the record.

2 The party consenting to electronic service of documents shall provide ASA with either a valid e-mail address or a fax number for service of documents.

3 The party consenting to electronic service of documents shall also provide ASA with a physical mailing address for ASA to use at its discretion to serve documents. A party may use a post office box as its physical mailing address.

CWithdrawal of Consent to Electronic Service.

1 A party may withdraw consent to receive documents by electronic means at any time. The withdrawal shall be on the record or in writing to ASA. The withdrawal is effective upon receipt by ASA.

2 ASA shall treat a notice of a change of electronic address as both a withdrawal of the consent to receive documents at the prior address, and as a new consent to receive documents at the new address.

3 ASA shall not send documents by electronic means after a party withdraws consent.

4 ASA shall consider service of a document to have no force or effect if ASA sent the document electronically after a party withdrew consent to receive the document electronically even if the party actually received the electronically transmitted document.

DASA shall consider a document sent by ASA and received by a party at the Mountain Standard Time and date ASA transmits the document to the electronic address provided by the party.

EASA shall encrypt any document sent by e-mail.

FFailure of Electronic Service; Effect on Timeliness of Filing.

1 When a party notifies ASA that the party did not receive an e-mail message from ASA, was unable to open or download an attached document, or was otherwise unable to access the document to be served, ASA shall re-send the document.

2 ASA shall calculate any filing deadline that is based on the date ASA electronically sends a document as follows:

a If the party does not receive the original e-mail message due to equipment malfunction, action, or inaction of either ASA or a service provider, then the date of service shall be the date ASA re-sends the documents.

b If the party does not receive the original e-mail message due to the party's own equipment malfunction, action, or inaction:

i The date of service shall be the date of original electronic transmission by ASA, and

ii ASA shall exclude from the calculation the time from when the party gave notice of non-receipt and requested that the document be re-sent until ASA re-sends or mails the document.

History

  • New Section made by final rulemaking at 19 A.A.R. 823, effective June 1, 2013 (Supp. 13-2).

Chapter 10 DEPARTMENT OF ECONOMIC SECURITY - THE JOBS PROGRAM

Article 1 THE JOBS PROGRAM: GENERAL PROVISIONS

Ariz. Admin. Code § R6-10-101 Definitions

The definitions in A.R.S. § 46-101 and the following definitions apply to this Chapter, unless the context otherwise requires:

1. "Acceptable medical source" means the same as A.A.C. R6-12-101 and includes a vocational rehabilitation specialist, licensed naturopathic doctor, licensed chiropractor, and other personnel authorized to act on a physician's behalf.

2. "AHCCCS" means the Arizona Health Care Cost Containment System.

3. "Assessment" means the evaluation of a participant by a case manager, with the assistance of the participant, to determine employment potential, as well as services necessary to remove barriers to employment. The case manager shall use the assessment as a guide for employment and career development planning.

4. "Assistance unit" means the same as A.R.S. § 46-101.

5. "Barrier" means a circumstance that, if not addressed, may prevent or delay participation in work activities. A barrier includes one or more of the following circumstances, or any similar circumstance:

a. A temporary physical or mental condition, including behavioral health issues of the participant or the participant's family member for whom the participant is the primary caregiver;

b. A lack of transportation;

c. A lack of child care;

d. Limited English proficiency;

e. A threat of domestic violence toward the participant, the participant's family member, or the caregiver for a minor child, if the threat interferes with the participant's ability to participate in work activities;

f. Illiteracy; insufficient education; lack of vocational skills; or

g. An ongoing family crisis that interferes with the participant's ability to participate in work activities.

h. Other similar circumstances that prevent or delay participation in work activities.

"Caretaker relative" means the same as A.A.C. R6-12-101(19).

7. "Case management" means the process through which the Jobs Program determines the needs of the participant requesting or receiving services through the Jobs Program. Appropriate services or benefits for participants are identified, planned, obtained, provided, recorded, monitored, and terminated, and follow-up is provided, as necessary and subject to budgetary constraints, in accordance with A.R.S. § 46-299.

8. "Case manager" means the Jobs Program staff who determines the needs of an individual requesting or receiving services through the Jobs Program.

9. "Community resource" means an organization that provides services to the general public at no cost to the participant or the Jobs Program.

10. "Community service program" means the same as 45 CFR 261.2(h).

11. "Complaint" means a formal accusation or charge expressing dissatisfaction or a grievance with a service provider, an agency, or a Jobs Program action or decision.

12. "Core activity" means a work activity that counts toward the work requirement, pursuant to 45 CFR 261.33 through 261.35.

13. "Day" means a calendar day, unless otherwise specified. If a deadline falls on a weekend day or a holiday, the Jobs Program shall consider the deadline to fall on the next business day.

14. "Deferral" means the same as A.R.S. § 46-299(A).

15. "Demonstrate compliance" means attending appointments to prevent sanctions, developing an employment and career development plan, and includes beginning and continuing participation in work activities in accordance with the employment and career development plan.

16. "Department" means the Arizona Department of Economic Security.

17. "Dependent child" means the same as A.R.S. § 46-101(8).

18. "Disability means a physical or mental impairment that substantially limits one or more major life activities and includes being mentally, physically, or functionally incapable of participating in work activities.

19. "Education directly related to employment" means the same as 45 CFR 261.2(k).

20. "Employment and career development plan" means the document described in R6-10-110, prepared by the participant and the Jobs Program case manager and lists the activities a participant is required to complete, the services to be provided by the Jobs Program, and the referrals made to address barriers to employment.

21. "FAA" means the Family Assistance Administration, an administrative unit within the Department's Division of Benefits and Medical Eligibility responsible for providing TANF Cash Assistance to eligible persons.

22. "Fails to participate" or "failure to participate" means the same as R6-10-123(A).

23. "Family member" means any person who lives in a home with a participant and is related to the participant by blood, marriage, or adoption.

24. "GED" means general education development, which includes a series of five tests that, when passed, demonstrate high school skills equivalency.

25. "Good cause" means one or more of the circumstances listed at R6-10-123(F).

26. "High school equivalency" or "HSE" means equivalent to high school.

27. "Job search readiness assistance" means the same as 45 CFR 261.2(g).

28. Job skills training directly related to employment" means the same as 45 CFR 261.2(j).

29. "Jobs Program" means the Department's employment and training program for work-eligible individuals in an assistance unit receiving TANF Cash Assistance authorized by A.R.S. § 46-299. The Jobs Program is also available to program participants who lose eligibility for TANF Cash Assistance and meet the conditions of R6-10-121 or R6-10-126.

30. "Non-core activity" means a work activity that counts toward the work requirement only after the participant completes the required number of hours in core activities at 45 CFR 261.31 through 261. 35.

31. "On-the-job training" or "OJT" means the same as 45 CFR 261.2(f).

32. "Participant" means a work-eligible individual selected to participate in the Jobs Program.

33. "Permanent disability" means a physical or mental impairment that substantially limits one or more major life activities and includes being mentally, physically, or functionally incapable of participating in work activities that is expected to last for the life of the individual.

34. "Program Administrator" means the Department employee who administers the Jobs Program.

35. "Sanction" means a reduction or termination of TANF Cash Assistance consistent with A.R.S. § 46-300, for all families, except TPEP families, who fail to participate in the Jobs Program without good cause or demonstrate compliance.

36. "Satisfactory attendance in high school or equivalent" means the same as 45 CFR 261.2(l) and A.R.S. § 46-299(C)(1).

37. "Services" means the same as A.R.S. § 46-101(21).

38. "Service provider" means an entity that is responsible for providing services to participants. This includes Jobs Program staff, an agency or organization, public or nonprofit, or a person awarded a grant or contract by the Jobs Program to provide services to participants.

39. "Single custodial parent" means an unmarried custodial parent.

40. "Specialized assessments" means a medical assessment or a psycho-social assessment to determine a participant's functioning level and ability to participate in work activities.

41. "Subsidized employment" means paid employment in the public or private sector or any other organization that receives a subsidy from TANF Cash Assistance or other public funds to offset the cost of wages and benefits paid by the employer, as described at 45 CFR 261.2(c) and (d).

42. "Supplemental payment" means an amount paid by the Department to a participant when the individual engages in work activities, subject to the Fair Labor Standards Act (FLSA), for more hours than the monthly TANF Cash Assistance benefit amount, plus the monthly Nutrition Assistance allotment, divided by the federal or state minimum wage, whichever is higher. Work experience and community service activities are generally subject to the FLSA.

43. "Support services" means specific services and goods paid with TANF-funded program dollars to help the Jobs Program engage participants in work activities, accept and maintain employment, and successfully make the transition from welfare dependence to financial independence through working.

44. "TANF Cash Assistance" means the state Temporary Assistance for Needy Families program established by 42 U.S.C. § 601 et. seq.

45. "Teen custodial parent" means a parent age 13 through 19 years, who is caring for that parent's own child.

46. "Temporary disability" means a physical or mental impairment that substantially limits one or more major life activities and includes being mentally, physically, or functionally incapable of participating in work activities that is not expected to last for the life of the individual.

47. "TPEP" means the Two-Parent Employment Program as defined at A.A.C. R6-12-101(93).

48. "Unavailable child care" means that:

a. The location of a child care provider is at a distance that requires a one-way travel time by vehicular transportation equal to or greater than one hour, measured from the participant's residence to the child care provider and then to work, or if walking, a distance that requires a one-way travel time equal to or greater than 1/2 hour, measured in the same manner;

b. Child care providers do not have available slots or vacancies;

c. Child care providers cannot provide services to a child with a disability who has special needs;

d. Child care providers related to the child are unavailable or unwilling to provide care;

e. Child care is available through a non-relative provider, but the provider is unwilling to apply for DES certification; or

f. A child age 13 or older requires adult supervision:

i. Due to a disability, which includes mental health or other health-related issues;

ii. Because the child would be harmful to himself, herself, or others if left alone; or

iii. Because the child is on court-ordered probation that requires the child to remain in the home or under house arrest.

"Unsubsidized employment" means full- or part-time employment with wages that meet FLSA requirements and meet or exceed the state minimum wage requirements, with the exception of self-employment, in the public or private sector that is not subsidized by TANF Cash Assistance or other public programs, as described at 45 CFR 261.2(b).

50. "Unsuitable child care" means that child care is available through a provider, but the participant declares in writing that the provider is unsuitable based on factors, such as the following. The provider:

a. Has a history of child neglect or abuse;

b. Is experiencing domestic violence;

c. Has a history of serious crime;

d. Has a history of substance abuse;

e. Has an emotional, mental, or physical condition that prevents the provider from providing safe care;

f. Resides in a home that is unsafe for children; or

g. Possesses similar attributes that render the provider unsuitable to furnish child care services.

51. "Verification" means any documentation that substantiates an individual's claim.

52. "Vocational educational training" means the same as 45 CFR 261.2(i).

53. "Volunteer" means an individual who is excluded from work requirements under R6-10-107 or temporarily deferred from work requirements under R6-10-108 and chooses to participate in the Jobs Program.

54. "Wages" means hourly pay for employment, including tips, and meets or exceeds the state minimum wage.

55. "Withholding" means retention of semi-monthly TPEP Cash Assistance payments for parents who participate in TPEP and who fail to participate or comply with Jobs Program requirements without good cause.

56. "Work-eligible individual" means an adult or minor child head of household receiving TANF Cash Assistance, or a non-recipient parent living with a child who receives TANF Cash Assistance, unless the individual is:

a. A minor parent and not the head of household or spouse of the head of household;

b. An individual who is ineligible to receive assistance due to the individual's immigration status;

c. A recipient of Supplemental Security Income, unless the recipient is employed and meeting the federal work participation rate; or

d. A parent otherwise mandated to participate in work activities who is providing care for a family member with a disability living in the home if the need for such care is supported by medical documentation.

57. "Work activities" means the same as A.R.S. § 46-101(27).

58. "Work experience" means the same as 45 CFR 261.2(e).

59. "Work requirement" means the minimum number of hours required for a Jobs Program participant to participate in work activities as a condition of eligibility for TANF Cash Assistance pursuant to 45 CFR 261.31 through 261.35.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
Ariz. Admin. Code § R6-10-101.01 Applicability

The rules in this Chapter apply to all Jobs Program providers and participants.

History

  • New Section made by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-102 Work Requirement

A. A Jobs Program participant shall participate in work activities in order for an assistance unit to remain eligible for TANF Cash Assistance.

B. The Jobs Program shall assign a participant to work activities that meet the federal work participation requirement, unless a participant is:

Excluded under R6-10-107;

2. Temporarily deferred under R6-10-108; or

3. Has unresolved barriers.

C. A single custodial parent may participate in educational activities on a full-time basis as an alternative to the federal work participation requirements if the state is meeting the federal work participation rate pursuant to 45 CFR 261.21 and 45 CFR 231.23. Allowable education activities include high school equivalency programs, career and technical education programs, and postsecondary education programs. Full-time status, as defined by the educational program, shall be verified by the Jobs Program. Verification sources include:

1. A statement from the provider;

2. A documented phone call with the provider;

Information from the provider's website; or

4. Any other information from the educational activity provider that substantiates the participant's full-time status.

D. The Jobs Program shall assign all participants, other than those listed at R6-10-102(B), to no more than 40 hours of work activities per week, as required to meet the federal work participation rate, as described at 42 U.S.C. 607(a).

E. The Department shall impose a sanction under R6-10-124, or a withholding under R6-10-125, if a participant who is required to participate in work activities fails to do so without good cause, pursuant to R6-10-123(F).

F. The Jobs Program shall permit an individual who is excluded or temporarily deferred to voluntarily participate in the Jobs Program.

G. The Jobs Program shall not sanction a volunteer who fails to participate in work activities if the volunteer meets the requirements for an exclusion or temporary deferral.

H. TPEP participants shall participate with the Jobs Program for a minimum of three consecutive business days before the Department authorizes issuance of the initial TANF Cash Assistance payment.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-103 Preliminary Orientation

A. A work eligible applicant shall receive a preliminary orientation as part of the TANF Cash Assistance eligibility requirement. This requirement does not apply to a TPEP assistance unit.

B. The preliminary orientation information shall be provided to a work eligible applicant prior to the approval of TANF Cash Assistance by the FAA.

C. The preliminary orientation shall provide a work eligible applicant with a general overview of the Jobs Program, its purpose, and its relationship to the receipt of TANF Cash Assistance and continued eligibility for the Jobs Program under R6-10-126 regarding TANF Cash Assistance case closure due to the time limit.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered to R6-10-104 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-104 Tribal Program

The Jobs Program shall not serve an individual who is eligible to receive assistance through a tribal cash assistance program or services through a tribal program similar to the Jobs Program.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-103 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-105 Selection for Participation in the Jobs Program

A. The FAA approves an assistance unit for TANF Cash Assistance and shall refer a work eligible individual to the Jobs Program.

B. The Jobs Program shall begin Jobs Program services for a TPEP individual at the time the individual reports to a Jobs Program local office.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-104 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
Ariz. Admin. Code § R6-10-106 Initial Case Management Appointment

A. The Jobs Program shall notify a work-eligible individual of the initial Jobs Program case management appointment in writing when the work-eligible individual is selected to participate in the Jobs Program. The notice shall include:

1. The date and time of the initial Jobs Program case management appointment and the address of the Jobs Program local office where the initial Jobs Program case management appointment shall be held;

2. Information regarding transportation, translation, and child care assistance that may be available for the initial Jobs Program case management appointment and the contact information necessary to obtain available services;

3. A provision explaining that if the participant needs transportation, translation, or child care services to attend the appointment, and the services are not available, the recipient has good cause for not attending the initial Jobs Program case management appointment under R6-10-123(F).

4. The Jobs Program contact information to reschedule the initial Jobs Program case management appointment; and

5. A statement that the consequence of failing, without good cause or a demonstration of compliance, to attend the initial Jobs Program case management appointment is subject to:

a. Progressive sanctioning pursuant to A.R.S. § 46-300; and

b. Ineligibility for TANF Cash Assistance beyond the lifetime limit, pursuant to A.R.S. § 46-294(G)(1).

B. The work-eligible individual shall contact the Jobs Program before the appointment date if the participant is unable to attend the scheduled appointment. The Jobs Program shall reschedule the appointment.

C. The work-eligible individual shall contact the Jobs Program before the appointment date if the work-eligible individual needs transportation, translation, or child care services to attend the appointment. The Jobs Program shall arrange such services. If services are not available, the provisions under R6-10-106(D) apply.

D. A work-eligible individual selected under R6-10-106(A) shall become a participant in the Jobs Program and shall attend an initial Jobs Program case management appointment provided by the Jobs Program. The Jobs Program shall provide the participant with transportation, translation, and child care assistance, if services are available, to enable the participant to attend the initial Jobs Program case management appointment. If a participant is unable to attend the initial Jobs Program case management appointment because services are not available, the participant shall be granted good cause under R6-10-123(F).

E. The Jobs Program, during the initial Jobs Program case management appointment, shall:

Explain the rights and responsibilities of the participant, the Jobs Program, and the Department's child care program to the participant, including:

a. A statement that the consequence of non-compliance with the Jobs Program requirements, without good cause or a demonstration of compliance, is that the participant may be subject to progressive sanctioning, pursuant to A.R.S. § 46-300; and

b. The deferral and exclusion procedures, as well as good cause reasons;

2. Complete an assessment with the participant; and

3. Complete an employment and career development plan with the participant that takes into account the participant's background and skills, any barriers to employment, and any available services that may assist in the removal of barriers to employment.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered to R6-10-108 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
Ariz. Admin. Code § R6-10-107 Work Requirement Exclusion

A. A participant who is providing care for a family member with a disability, may request an exclusion from the work requirement. If the request for an exclusion from the work requirement is approved, the participant shall be considered non-work eligible and shall not be required to participate in work activities.

B. A participant who requests an exclusion from the work requirement shall provide medical documentation to substantiate the need to provide care for a family member with a disability. Medical documentation shall:

1. Be obtained from an acceptable medical source;

2. State that the participant is required to provide care for the family member; and

3. Include all of the following information:

a. The name of the person for whom care is to be provided;

b. The time period of the disability;

c. A statement that the participant is needed to provide full-time care for the family member; and

d. A prognosis of the family member's recovery or the date of the reexamination.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered to R6-10-109 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-108 Temporary Deferrals

A. The Jobs Program shall determine whether to temporarily defer a participant from engaging in work activities under A.R.S. § 46-299(A) and this Section.

1. The Jobs Program shall determine the length of time that a participant is temporarily deferred based on the information in this Section.

2. The Jobs Program shall obtain verification that certifies that the participant is mentally or physically incapable of engaging in work activities or employment due to a circumstance established under this Section.

B. The Jobs Program shall defer a participant with a temporary or permanent disability. A participant with a temporary or permanent disability may opt to participate and receive a reasonable accommodation to facilitate participation. The Jobs Program shall not request a sanction under R6-10-124 if the participant is then subsequently unable to participate due to the disability.

C. The Jobs Program shall accept verification of a temporary or permanent disability from a participant that has been provided by an acceptable medical source. The Jobs Program shall assist the participant in obtaining verification of a temporary or permanent disability when a participant is experiencing difficulty with obtaining such verification. A medical statement shall include:

1. Employment limitations, including the extent and duration of any limitation;

2. A specified period of disability;

3. A prognosis of disability;

4. A statement of any reasonable accommodation that may enable a participant to work or participate; and

5. The date by which reexamination or reevaluation is recommended.

D. The Jobs Program shall temporarily defer a participant from work activities if the participant or the participant's child is a victim of domestic violence.

1. The Jobs Program shall grant a temporary deferral for domestic violence if:

a. Participation in the Jobs Program threatens the safety of or, in the perception of the participant, causes an immediate threat of physical, mental, or emotional harm to the participant, the participant's child, or any child living with the participant; or

b. Due to domestic violence, the participant has been physically or emotionally harmed to such an extent that the participant is incapable of participation in the Jobs Program.

2. The Jobs Program shall provide a participant who is a victim of domestic violence with:

a. A deferral from Program requirements, under A.R.S. § 46-244 and this rule, for a period of time that will enable the participant to safely participate in work activities. The maximum deferral period is six months. The Jobs Program may grant additional deferrals consistent with A.R.S. § 46-299; and

b. A referral to appropriate and available services.

3. A participant who requests a deferral due to domestic violence shall provide the Jobs Program with verification of domestic violence. The Jobs Program shall accept the following as verification of domestic violence:

a. A written statement from the participant;

b. Police reports;

c. Court records;

d. Medical records indicating the presence of domestic violence;

e. Physical evidence of domestic violence;

f. Documentation from a domestic violence shelter staff, an attorney, clergy, medical or other professional from whom the participant has sought assistance regarding domestic violence;

g. A statement from the Arizona Department of Child Safety that substantiates domestic violence exists within the participant's home;

h. Other documentation, such as news stories from television, newspaper, or radio; or

i. Other corroborating evidence, such as a statement from another individual with knowledge of the circumstances that provide the basis for the claim.

E. The Jobs Program shall temporarily defer a participant who is a single custodial parent less than age 18 and personally caring for a child less than 12 weeks of age.

F. The Jobs Program shall temporarily defer a participant who is a single custodial parent or a caretaker relative personally caring for a child less than one year of age, for no more than 12 months in the participant's lifetime, unless the participant is a teenaged custodial parent who does not have a high school diploma or HSE diploma.

G. The Jobs Program shall temporarily defer a TPEP parent if the parent has a temporary disability or illness that is expected to last less than 30 days, as verified by an acceptable medical source. If the disability is expected to last more than 30 days, the family is not a TPEP family and shall have eligibility for TANF Cash Assistance determined as an assistance unit with deprivation due to the parent having a disability.

History

  • Adopted effective Jan 10, 1977 (Supp.77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-106 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-109 Participant Assessment; Referral

A. The Jobs Program case manager and the participant shall complete assessments during the initial Jobs Program case management appointment, and as needed thereafter, to identify any possible barriers to employability or participation in the Jobs Program. The participant shall provide, either orally or in writing, all personal information necessary to accurately complete the assessments. In-depth barrier assessments shall include questions to determine whether the participant needs services to address:

1. Past or ongoing domestic violence;

2. Substance abuse or chemical dependency;

Psychological or psychiatric needs;

4. Education or training insufficient to obtain or sustain employment;

Mental, physical, or functional incapacity or disability, including a learning disability;

6. Issues regarding retaining or maintaining employment;

7. Inadequate housing;

8. Inadequate child care;

9. Inadequate transportation;

10. Criminal background and involvement with the criminal justice system; or

Other issues that affect an individual's ability to participate in work activities.

B. The Jobs Program shall provide appropriate services or community resources to a participant who is identified as in need of services using the information from the assessments. When the Jobs Program is unable to provide services, the Jobs Program shall refer a participant to appropriate services or community resources. If the Jobs Program case manager determines that a needed service is not available through the Jobs Program services or community resources after researching available options, the Jobs Program shall not make a referral and shall grant the participant good cause for not engaging in work activities under R6-10-123.

C. If a participant does not provide all personal information necessary to complete the assessments, either orally or in writing, the Jobs Program is not required to provide the participant with support services or referrals to service providers.

D. The Jobs Program shall use the information provided by the participant during the assessments to develop the employment and career development plan described in R6-10-110 . Additional information from previous employers, educational providers, medical providers, and others may be gathered to help determine planned activities and services.

E. Based on the initial assessments or if a participant experiences difficulty implementing the employment and career development plan, the Jobs Program may determine that a participant may benefit from further specialized assessments. A licensed professional or licensed agency shall administer all specialized assessments.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-107 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-110 Employment and Career Development Plan

A. The Jobs Program and the participant shall complete an employment and career development plan for the participant that takes into consideration barriers to employment and incorporates work activities and agreed upon services. The employment and career development plan shall include:

1. Employment goals;

2. Work activities;

3. Locations for each assigned activity;

4. Dates for beginning and ending activities;

5. Available services offered by the Jobs Program or community resources;

6. A list of referrals made as a result of the participant's assessments; and

7. Signatures of the participant and the case manager assigned to oversee provision of services to the participant. The Jobs Program shall not sanction a participant solely for refusing to sign the employment and career development plan.

B. The Jobs Program case manager, in consultation with the participant, may revise the employment and career development plan as necessary to ensure the participant continues to advance toward the employment goal. The case manager shall revise an employment plan when:

1. A change in services needs to address newly identified barriers to participation by the Jobs Program case manager or the participant; or

2. When a participant's circumstances require a change in work activities or services.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-108 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-111 Core Activities

The following are core activities:

1. Unsubsidized employment;

2. Job search and job readiness assistance, as described in R6-10-114;

3. Subsidized employment, as described in R6-10-115;

4. OJT, as described in R6-10-115;

5. Work experience, as described in R6-10-116;

6. Community service programs, as described in R6-10-117;

7. Vocational educational training, as described in R6-10-118; and

8. Satisfactory attendance in high school or GED preparation classes or education directly related to employment, as described in R6-10-119, for a participant who is a head of household and has not obtained a high school diploma or HSE diploma for any parent under 20 years of age who is

a. A single teen custodial parent; or

b. A married teen parent.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Amended effective December 11, 1995 (Supp. 95-4). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-109 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-112 Participation that Meets the Work Requirement

A. The following participants meet the work requirement:

1. A participant who is participating in work activities for at least the minimum average number of hours per week under 45 CFR 261.31 and 45 CFR 261.32.

2. A single custodial parent or caretaker relative with a child less than age six, who participates for the minimum hours required per week under 45 CFR 261.35.

3. A single or married head of household less than age 20 who participates under 45 CFR 261.33(b).

4. A single custodial parent who is participating in educational activities, as described at R6-10-119 and R6-10-102(C).

B. A participant who falls into one of the categories listed in R6-10-112(A), who is meeting the work requirement, may participate in additional work activities beyond those that meet the work requirement.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-110 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-113 Non-Core Activities

A. The Jobs Program may assign a participant to non-core activities based on information obtained through assessments or contained in the participant's employment and career development plan only after the participant meets required participation in primary core activity hours under R6-10-111.

B. The following are non-core activities:

1. Job skills training directly related to employment;

2. High school or GED preparation for a participant, other than a single, teen custodial parent who is a head of household, who has not obtained a high school diploma or HSE diploma; and

3. Education directly related to employment for a participant, other than a single, teen custodial parent who is a head of household, who has not obtained a high school diploma or HSE diploma.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-111 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-114 Job Search and Job Readiness Assistance

A. Based on information obtained through assessments or contained in a participant's employment and career development plan, the Jobs Program may assign a participant to job search and job readiness assistance as a core activity, according to 45 CFR 261.34.

B. A participant assigned to job search and job readiness assistance as a core activity shall participate in job search and job readiness assistance for at least the minimum number of hours identified in the participant's employment and career development plan.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-112 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-115 On-the-job Training (OJT)

A. Based on information obtained through assessments or contained in a participant's employment and career development plan, the Jobs Program may assign a participant to OJT.

B. The Program shall approve OJT worksites and assignments that:

1. Are designed to improve the participant's chances for employment, and

2. Provide compensation in accordance with applicable wage laws.

C. OJT activities shall include a written training plan that contains:

1. A job description that lists the skills to be learned;

2. General employment competencies and occupation-specific skills;

3. An evaluation of the participant's progress; and

4. A schedule that indicates the estimated date of acquisition of each skill.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-113 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-116 Work Experience

A. Based on information obtained through assessments or contained in a participant's employment and career development plan, the Jobs Program may assign a participant to work experience to improve the participant's employability, or meet work participation requirements. The Jobs Program staff shall evaluate a participant's entitlement to a supplemental payment each month following the conclusion of participation in work experience.

B. When assigning work experience, the Jobs Program shall select work experience that is consistent with the participant's employment and career development plan and consider the participant's prior training and experience.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-114 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-117 Community Service Programs

Based on information obtained through assessments or contained in a participant's employment and career development plan, the Jobs Program may assign a participant to community service program activities to establish good work habits if the participant is unlikely to meet work participation requirements by participating in other primary activities. The Jobs Program staff shall evaluate a participant's entitlement to supplemental payment each month following the conclusion of participation in community service activities and process payments, if owed, by the seventh day of the following month after participation concludes.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-115 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-118 Vocational Educational Training

A. Based on information obtained through the assessment or contained in a participant's employment and career development plan, the Jobs Program may assign a participant to vocational educational training as a core activity, for any period of time up to the maximum of 12 months if other work activities have not resulted in employment and vocational educational training that is consistent with the participant's employment plan, according to 45 CFR 261.33(a).

B. In addition to criteria in R6-10-118(A), the Jobs Program shall use the following criteria to determine whether a participant should shall be assigned to, or remain in, vocational educational training:

1. The participant:

a. Lacks a self-supporting skill for available jobs in the participant's geographical area; and

b. Remains in good standing with the educational or training institution and maintains satisfactory attendance, as defined by the institution.

2. The participant seeks the education or training activities to attain skills directly related to job opportunities for self-supporting employment in a recognized occupation that does not have high turnover due to substandard wages or working conditions.

C. The Jobs Program may approve, as vocational educational training, the educational or training activities of an individual who is already enrolled in educational, vocational, or technical training at the time the individual is selected for the Jobs Program.

D. The Jobs Program shall use the following criteria to determine whether the educational or training activities of an individual already enrolled in education or training is approved:

1. The individual is:

a. Attending an educational or training facility that is legally authorized, accredited, or recognized in the United States as providing a program to prepare students for gainful employment; and

b. In good standing with the educational or training institution and is maintaining satisfactory attendance, as defined by the institution.

2. The individual seeks the education or training activities to attain skills directly related to job opportunities for self-supporting employment in a recognized occupation that does not have high turnover due to substandard wages or working conditions.

E. The Jobs Program shall allow homework time under 45 CFR 261.60(e).

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 1393, effective December 31, 2015 (Supp. 16-2). Amended and renumbered from R6-10-116 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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.
Ariz. Admin. Code § R6-10-119 High School, GED Preparation, and Education Directly Related to Employment

A. Based on information obtained through assessments or contained in a participant's employment and career development plan, the Jobs Program may assign a teen custodial parent who has not obtained a high school diploma or HSE diploma to education directly related to employment.

B. The Jobs Program may assign a single, teen custodial parent, who is head of household and has not obtained a high school diploma or HSE diploma to education directly related to employment.

C. The Jobs Program may assign an adult participant, who does not have a high school diploma or HSE diploma, to education directly related to employment as a non-core activity.

D. The Jobs Program shall allow homework time, as described in 45 CFR 261.60(e).

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-117 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
Ariz. Admin. Code § R6-10-120 Support Services

A. The Jobs Program may provide a participant with support services as the Department budget for state TANF Cash Assistance permits to enable participation in the Jobs Program. Support services may include:

1. Transportation services to assist a participant with transportation expenses that may be incurred as a result of participation in the Jobs Program, which may include:

a. Transportation-related expenses,

b. Bus tickets or passes,

c. Vehicle repair,

d. Vehicle general maintenance,

e. Liability insurance, or

f. Contracted transportation services.

Health-related services not covered by AHCCCS or other medical insurance, but necessary to enable a participant to become employed or to make a determination of employability, including:

a. Medical examinations and tests,

b. Eyeglasses and other optical services,

c. Dental services, or

d. Mental health counseling.

3. Other support services, including:

a. Clothing,

b. Tools, equipment, or specialized garments used in specific occupations such as uniforms, hard hats, or other similar attire,

c. Licenses,

d. Educational testing fees,

e. Relocation, or

f. Shelter or utility assistance.

B. The Department shall provide a participant with subsidized child care pursuant to A.A.C., Chapter 5, Article 49. Other child care related expenses include:

1. Transportation to and from child care centers and to and from school,

Child care registration fees, and

3. Participants' co-pay obligations.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-119 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was repealed and a new Section adopted 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. Subsequently, this Section was renumbered by final rulemaking. Please refer to historical note.
Ariz. Admin. Code § R6-10-121 Transitional Support Services

Participants who have entered unsubsidized employment and subsequently become ineligible for TANF Cash Assistance may be eligible to receive transitional support services, as Department budget permits, for up to 180 days from the first day of the month following the month of the TANF Cash Assistance case closure when it has been verified by the Jobs Program that the participant was employed in unsubsidized employment at the time of TANF Cash Assistance case closure. Transitional support services include those identified in R6-10-120 and:

1. Post-employment case management; and

2. Post-employment education and training opportunities.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-10-121 renumbered to R6-10-123; new Section R6-10-121 renumbered from R6-10-122 and amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered to R6-10-123 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
Ariz. Admin. Code § R6-10-122 Participant Complaint Resolution

A. This Section applies to participant complaints about the Jobs Program, including complaints about service providers.

B. Each service provider shall establish a written complaint resolution procedure that shall be posted and given to participants. The complaint resolution procedure shall include an opportunity for an informal dispute resolution meeting between the participant and the service provider and inform the participant of the right to elevate the complaint to the Program Administrator if the participant is not satisfied with the service provider decision.

C. A participant shall continue to participate in the Jobs Program while the complaint resolution is pending, unless the participant has established a good cause reason for not participating. If a participant fails to participate, the Jobs Program shall initiate the sanction process as provided in R6-10-124 or withholding as provided in R6-10-125.

D. A participant shall use all applicable steps of the following process to seek a resolution of a complaint:

1. The participant shall attempt to informally resolve a complaint at the lowest management level. However, if a participant believes that a complaint to the service provider would be futile, the participant may complain directly to the Program Administrator under R6-10-122(D)(4).

2. The participant shall submit the complaint orally or in writing to the participant's service provider. The service provider shall assist the participant with writing the complaint upon request of the participant.

3. Upon receipt of the participant's complaint, the service provider shall respond in writing within seven days of the date the complaint was received. The response shall provide the reason for the decision and identify any action taken by the provider to remedy the complaint. The response shall explain the participant's right to elevate the complaint for review to the Program Administrator or designee if the participant does not agree with the decision.

4. If the service provider takes no action to resolve the complaint or the participant is not satisfied with the action, the participant may submit a complaint orally or in writing to the Program Administrator or designee.

5. The Program Administrator or designee shall issue a written decision within 30 days after the date the complaint is received. The Program Administrator or designee shall consider the participant's employment and career development plan, applicable statutes, rules, and policy, and, if applicable, the terms of the service provider's contract in reaching a decision.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Repealed effective June 6, 1995 (Supp. 95-2). New Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-10-122 renumbered to R6-10-121; new R6-10-122 made by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-120 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was adopted 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. Subsequently, this Section was renumbered by final rulemaking. Please refer to historical note.
Ariz. Admin. Code § R6-10-123 Failure to Participate; Good Cause Reasons; Verification

A. Failure to participate includes:

1. Failure to appear for a scheduled appointment with a Jobs Program case manager;

2. Failure to attend a scheduled work activity, assessment, or appointment that is documented in the employment and career development plan;

Refusing to submit a completed application for employment, when required;

4. Refusing to accept suitable employment, voluntarily reducing employment hours, or voluntarily quitting employment without good cause, as described at R6-10-123(F);

5. Providing false or inaccurate information to a Jobs Program case manager;

Behaving in a manner that constitutes a threat or hazard to agency staff or others; or

7. Intentionally disrupting an activity or the orderly administration of the overall program, such as:

a. Attending, but refusing to participate in a class, workshop, or other assigned activity; or

b. Disruptive behavior that makes it difficult to conduct an activity.

B. If a participant does not actively engage with the Jobs Program, the Jobs Program case manager shall determine if a barrier to participation exists, and if so, whether services have been offered or provided to address the barrier.

1. If services have not been offered or provided to address an identified barrier, the Jobs Program case manager shall refer the participant to Jobs Program support services or community resources to address a barrier.

2. If services have been offered or provided to address all identified barriers, the Jobs Program case manager shall send the participant a Good Cause/Last Chance to Stop the Sanction Appointment notice. The participant shall provide verification of good cause or attend a Last Chance to Stop the Sanction Appointment within ten days of the date the notice is mailed. The deadline shall be stated in the notice.

3. If there are no services available to address an identified barrier, the Jobs Program Case Manager shall grant a participant good cause for not participating, as described in R6-10-123(F) and shall reevaluate the situation every 30 days from the date the employment and career development plan is revised to determine whether the barrier has been resolved or services have become available.

C. If the participant timely submits verification of good cause, the Jobs Program shall determine if good cause exists, as described at R6-10-123(F) .

1. If verification meets the requirements of acceptable verification under R6-10-123(G) and establishes good cause, the Jobs Program shall notify the participant and state that good cause has been established and the Department shall not impose a sanction.

2. If verification does not meet the requirement of acceptable verification at R6-10-123(G) and does not establish good cause, the Jobs Program shall notify the participant and state that good cause was not established and shall allow the participant an additional ten days from the date the notice is mailed to attend a Last Chance to Stop the Sanction Appointment.

D. If the participant fails to provide any verification but attended the Last Chance to Stop the Sanction Appointment and demonstrates compliance, the Jobs Program shall notify the participant and state that the Department shall not impose a sanction.

E. If the participant does not timely establish good cause under R6-10-123(F), attend the Last Chance to Stop the Sanction Appointment, or demonstrate compliance, the Jobs Program shall notify the participant and state that the participant did not establish good cause and did not attend the Last Chance to Stop the Sanction Appointment. The Jobs Program shall initiate the sanction process under R6-10-125 .

F. Good cause is subject to verification under R6-10-123(G) . Circumstances that prevent a participant from engaging in work activities under R6-10-102 constitute good cause, including when:

1. The participant has a barrier to participation for which services are not available;

2. The participant is participating in referred services to address a barrier to participation;

3. The participant has an illness;

4. The participant is required to care for a family member with an illness or a disability;

5. Either the participant or a dependent child has an appointment that cannot be rescheduled, such as a court-ordered appearance, medical appointment, or another comparable appointment;

6. The participant has a family emergency;

7. The participant lacks transportation with no reasonable alternate means of transportation;

8. The participant is prevented from participating due to inclement weather;

9. The participant is unable to obtain child care for a child who is less than 13 years old because the child care is unavailable, unaf-fordable, or unsuitable;

10. Child care is unavailable for a child age 13 or over who requires adult supervision because the child:

a. Has a disability, including mental health or other health-related issues;

b. Would be harmful to himself, herself, or others if left alone; or

c. Is on court-ordered probation that requires the child to remain in the home or is under house arrest.

11. The participant needs translation services that are not available or not provided.

12. The participant is incapable of performing the work activity due to:

a. Unsafe worksite conditions;

b. Physical demands of the job;

c. Lack of skills, aptitude, or knowledge for the position;

d. Strike, lockout, or other bona fide labor dispute; or

e. Conditions of the participant's membership in a union representing employees in the occupation.

13. The participant is a victim or perceives himself or herself to be a victim of domestic violence whose current situation:

a. Threatens the safety of the participant or any child living with the participant; or

b. Causes physical, mental, or emotional harm to the participant or any child living with the participant.

14. The Department fails to provide the participant with services agreed upon in the employment and career development plan; or

15. Other comparable circumstances beyond the participant's control, including an error by the Department.

G. Verification. Acceptable verification that establishes a participant's good cause, as described in R6-10-123(F), includes:

1. A statement from an acceptable medical source;

2. An appointment notice from a court, FAA, or other comparable entity;

3. Death certificate;

4. Newspaper article, or other similar evidence of public knowledge;

Document or statement from the DES Child Care Administration, FAA, a court, or other comparable entity;

6. Police report;

7. Statement from crisis shelter staff or a witness to the domestic violence;

8. Statement from a third party; or

9. Signed participant statement explaining the circumstances that establish good cause if no other verification is possible.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Repealed effective June 6, 1995 (Supp. 95-2). New Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-10-123 renumbered to R6-10-124; new Section R6-10-123 renumbered from R6-10-121 and amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-121 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was adopted 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. Subsequently, this Section was renumbered by final rulemaking. Please refer to historical note.
Ariz. Admin. Code § R6-10-124 All Assistance Units, Except TPEP Assistance Units: Sanction Process

If a participant fails to participate in work activities without good cause under R6-10-123, the case manager shall initiate the sanction process.

1. Case review. Before requesting a sanction, the case manager shall review the case to determine whether all necessary steps have been taken, including barrier identification, available service referrals, and an opportunity to establish good cause.

2. Notice. If a sanction is approved by a Jobs Program supervisor, the Jobs Program case manager shall send the participant a written Notice of Adverse Action under A.A.C. R6-12-907.

3. Preventing sanction progression. The Jobs Program shall send additional written notification to a participant within five days of mailing the Notice of Adverse Action for a 50 percent sanction and state that the participant may attend a Last Chance to Stop the Sanction Appointment in order to prevent the sanction from progressing to termination of the assistant unit's Cash Assistance grant, pursuant to A.R.S. § 46-300(D). The Jobs Program shall schedule an appointment ten days from the date on the notice. A participant may attend the appointment, develop an employment and career development plan, and begin and continue to participate in the established work activity to continue to demonstrate compliance. If a barrier is identified, the Jobs Program case manager shall follow the process in R6-10-123(B).

4. Sanction levels. The Department shall impose a sanction, which is a percentage of the original cash assistance amount, in accordance with A.R.S. § 46-300.

5. A participant who wishes to appeal a sanction may request an appeals hearing under A.A.C. R6-12-1002.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Repealed effective June 6, 1995 (Supp. 95-2). New Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-10-124 renumbered to R6-10-125; new Section R6-10-124 renumbered from R6-10-123 and amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4). Amended and renumbered from R6-10-123 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • The following Section was adopted 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. Subsequently, this Section was renumbered by final rulemaking. Please refer to historical note.
Ariz. Admin. Code § R6-10-125 TPEP: Failure to Participate; Withholding

A. If one parent of a TPEP assistance unit fails to comply with Jobs Program requirements, the Jobs Program shall determine whether good cause exists under R6-10-123(F).

B. If the Jobs Program determines that the TPEP parent failed to participate without good cause, the Department shall withhold TANF Cash Assistance.

C. TANF Cash Assistance shall be withheld until a participant complies with Jobs Program requirements and demonstrates compliance. The Jobs Program shall send the participant a Notice of Adverse Action notice at least ten days before the change in TANF Cash Assistance takes effect. This notice shall include:

1. The date and location of the alleged failure to participate;

2. How or why the participant failed to participate;

3. The month in which the Department intends to impose the withholding;

4. The length of time that the withholding will be imposed;

5. How the participant can stop the proposed withholding or resume participation; and

6. Department contact information where a participant may request more information regarding the withholding of the participant's TANF Cash Assistance.

D. The Department may grant a TPEP assistance unit a three-month extension to the six-month limit if:

1. A parent is enrolled in a vocational education training activity;

2. A parent has an offer of unsubsidized employment that will begin within the three-month extension period;

The TPEP work requirements were not met and good cause was established for one or more months during the six-month period; or

4. The Jobs Program shall determine if an assistance unit meets the criteria for a three-month extension prior to expiration of the TPEP benefits and notify the FAA when the criteria is met.

E. The Jobs Program shall close the TANF Cash Assistance when three TPEP payments are withheld in any six-month period.

F. A participant who wishes to appeal a withholding may request a fair hearing under A.A.C. R6-12-1002.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Repealed effective June 6, 1995 (Supp. 95-2). New Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-10-125 renumbered to R6-10-126; new Section R6-10-125 renumbered from R6-10-124 and amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (Supp. 05-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 1393, effective December 31, 2015 (Supp. 16-2). Amended and renumbered from R6-10-124 by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
Ariz. Admin. Code § R6-10-126 Jobs Program Eligibility After the TANF Cash Assistance Time Limit

A. The Jobs Program case management and employment services shall continue for up to 12 months after:

1. A participant's TANF Cash Assistance closed due to the time limit in A.R.S. § 46-294(G);

2. The Jobs Program case is active at the time the TANF Cash Assistance case is closed; and

3. The participant does not have a Jobs Program sanction imposed in the month of case closure.

B. The Jobs Program shall provide written notification to the participant of the participant's continued eligibility for the Jobs Program when the Jobs Program is informed of the participant's TANF Cash Assistance case closure. The notification shall inform the participant about how the participant may receive employment and case management services.

C. Continued eligibility for the Jobs Program stops when the participant's mail is returned to the Jobs Program with no forwarding address and the Jobs Program is unable to obtain the current address through other means. The Jobs Program shall close the Jobs Program case within 20 calendar days of receiving the returned mail.

D. Support services, as described at R6-10-120, may be provided with the exception of subsidized child care, pursuant to A.A.C., Chapter 5, Article 49.

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Repealed effective June 6, 1995 (Supp. 95-2). New Section R6-10-126 renumbered from R6-10-125 and amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (Supp. 05-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 1393, effective December 31, 2015 (Supp. 16-2). Amended by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
Ariz. Admin. Code § R6-10-127 [REPEALED]

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Repealed effective June 6, 1995 (Supp. 95-2).
Ariz. Admin. Code § R6-10-128 [REPEALED]

History

  • Adopted effective January 10, 1977 (Supp. 77-1). Amended effective July 27, 1983 (Supp. 83-4). Repealed effective June 6, 1995 (Supp. 95-2).

Article 2 REPEALED

Ariz. Admin. Code § R6-10-201 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Amended effective January 10, 1997 (Supp. 97-1). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-202 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-203 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-204 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-205 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-206 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-207 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-208 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-209 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-210 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-211 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-212 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-213 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-214 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-215 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-216 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-217 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-218 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-219 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).
Ariz. Admin. Code § R6-10-220 [REPEALED]

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Repealed effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).

Article 3 JOB DISPLACEMENT GRIEVANCE PROCEDURES

Ariz. Admin. Code § R6-10-301 Definitions

In addition to the definitions in R6-10-101, the following definitions apply to Article 3, unless the context otherwise requires:

1. "Displacement" means assignment of a participant to a position that:

a. Results in the termination or reassignment of a regular employee;

b. Results in the reduction of non-overtime work, wages, or benefits for a regular employee;

c. Fills the position of a regular employee on layoff status; or

d. Creates a new position for the participant that has substantially the same job functions as the position held by a regular employee who is on layoff or subsequently terminated;

2. "Regular employee" means an unsubsidized individual currently employed by an employer.

History

  • Adopted effective December 11, 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). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (Supp. 05-4). Amended by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
Ariz. Admin. Code § R6-10-302 Job Displacement

An employee who has been displaced by a Jobs Program participant may file a grievance, as prescribed in this Article.

History

  • Adopted effective December 11, 1995 (Supp. 95-4). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (Supp. 05-4). Amended by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • 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.
Ariz. Admin. Code § R6-10-303 Grievance Process

A. The Jobs Program shall provide information to regular employees and employers regarding the regular employee's right to file a grievance and the procedure for doing so.

B. An aggrieved party may seek to informally resolve a grievance with the Department or may request an appeals hearing with the Department's Office of Appeals.

C. To pursue informal resolution, an aggrieved party shall file a grievance within 20 days of the alleged displacement with the Department. The grievance shall contain the following information:

1. Aggrieved party's name, address, telephone number, and email address, if available;

2. Date of the grievance;

3. Contact person, if other than the aggrieved party;

4. Department contact information, address, telephone number, and email address, if available;

5. A description of the action that is the subject of the grievance and the date of the action; and

6. The proposed resolution.

D. If the aggrieved party requests an informal resolution, the Jobs Program shall hold an informal resolution meeting with the aggrieved party, within 15 business days from the date the Department receives the grievance.

E. If a grievance is not resolved at the informal meeting, the aggrieved party may request an appeals hearing with the Department's Office of Appeals, within 20 days from the date of the informal meeting, by submitting a request for an appeals hearing to the Jobs Program local office.

F. If the aggrieved party does not choose to seek an informal resolution under R6-10-303(C) and (D), the aggrieved party may request an appeals hearing by filing a written request with the local Jobs Program office within 20 days of the alleged displacement. Upon request, the Jobs Program shall assist the aggrieved party in preparing the hearing request. Assistance shall include a party's right to an appeals hearing and the appeals hearing process and procedures.

G. The Jobs Program shall prepare a request for an appeals hearing, if requested by the aggrieved party, and forward the request for an appeals hearing to the Department's Office of Appeals. The request for an appeals hearing forwarded by the Jobs Program shall include:

1. The information submitted under subsection R6-10-303(C);

2. The decision reached at the informal resolution meeting, if any; and

3. Any decision, notice, or other documents relating to the hearing request.

H. Upon receipt of a request for an appeals hearing, the Office of Appeals shall conduct the hearing in accordance with A.A.C. R6-12-1005 through A.A.C. R6-12-1007 and A.A.C. R6-12-1009 through A.A.C. R6-12-1013(A), except that references to "FAA" are replaced by "Jobs Program."

History

  • Adopted effective December 11, 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). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (Supp. 05-4). Amended by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.
  • 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.
Ariz. Admin. Code § R6-10-304 Expired

History

  • Adopted effective December 11, 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). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (Supp. 05-4). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 1393, effective December 31, 2015 (Supp. 16-2).

Chapter 11 DEPARTMENT OF ECONOMIC SECURITY - JOB TRAINING PARTNERSHIP ACT (JTPA)

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R6-11-101 Administrative Agency

The Arizona Department of Economic Security (DES) is the state agency responsible for administration of Job Training Partnership Act (JTPA) programs, designated by the Governor of Arizona, pursuant to P.L. 97-300 as amended.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-101 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).
Ariz. Admin. Code § R6-11-102 Definitions

The following definitions shall apply in this Chapter, unless the context otherwise requires:

1. "Administrative entity" means the organizations or agencies designated by the Private Industry Council (PIC) to operate the programs for the Service Delivery Area (SDA) grant recipient.

2. "DES or the Department" means the Arizona Department of Economic Security.

3. "Direct subrecipient" means a subrecipient which contracts directly with DES to receive JTPA funds.

4. "Economically disadvantaged" means an individual as described in Section 4(8) of JTPA.

5. "Grant recipient" means the organization or agency designated by the Private Industry Council (PIC) and local elected officials to contract and receive funds for the Service Delivery Area (SDA) under Title II of JTPA.

6. "Interested party" means an individual who participates in or applies for participation in a program administered under JTPA or a person or organization which is directly or adversely affected by the action or inaction of DES with regard to JTPA.

7. "JTPA" means the Job Training Partnership Act of 1982, P.L. 97-300, as amended.

8. "Needs-based payment" means cash payments based on need providing direct benefits to individual participants to enable them to participate in a training program under JTPA.

9. "Private Industry Council (PIC)" means the group of individuals from the public and private sectors certified by the Governor to plan and oversee the Title II programs under JTPA.

10. "Service Delivery Area (SDA)" means the geographical area designated by the Governor in which a comprehensive program pursuant to JTPA will be planned by a certified PIC.

11. "Stop-gap employment" means work which an applicant does only because he has lost the customary work for which his training, experience or work history qualifies him. Employment would be considered "stop-gap" if the salary is substantially below the salary of the applicant's primary occupation and if he is working substantially under the skill level of his customary occupation. Regardless of the number of hours devoted to the stop-gap work activity, it is considered odd-job work outside the customary occupation for which he is qualified.

12. "Subrecipient" means any person, organization or other entity which receives JTPA funds either directly or indirectly from DES. Depending on local circumstances, the PIC, local elected official, or administrative entity may be a subrecipient.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-102 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).
Ariz. Admin. Code § R6-11-103 Eligibility Criteria

A. Applicants shall be determined eligible for enrollment into JTPA programs if they meet the requirements set forth in both the General Criteria (subsection (B) below) and the respective Specific Criteria (subsection (C) below) or otherwise comply with Section 181(k) of JTPA.

B. General criteria. Applicants must meet the following:

1. Be citizens or nationals of the United States, or lawfully admitted permanent resident aliens, or lawfully admitted refugees or parolees, or other individuals authorized by the United States Attorney General to work in the United States; and

2. Be in compliance with Section 3 of the Military Selective Service Act (50 U.S.C. App. 453) if applicable.

C. Specific criteria. To be determined eligible for enrollment in one of the described JTPA subparts (Titles II-A, II-B, or III) or Section 124, an applicant must meet the criteria listed below for that specific subpart.

Title II-A, adult or youth programs:

a. Economically disadvantaged; and

b. Sixteen years of age or older, except that youths aged 14 and 15 may also be eligible if the SDA Job Training Plan has provided for a "pre-employment skills training program" for these youths; and

c. Resident of the SDA to which application is made, except that non-residents may be eligible if the SDA Job Training Plan provides for service to non-residents.

2. Title I, Section 124, training programs for older individuals:

a. Economically disadvantaged; and

b. Fifty-five years of age or older.

3. Title II-B, Summer Youth Employment Training Programs:

a. Economically disadvantaged; and

b. Age 16 through 21, except that individuals aged 14 and 15 may be eligible if the SDA Job Training Plan identifies services to this age group; and

c. Resident of the SDA to which application is made, except that non-residents may be eligible if the SDA Job Training Plan provides for service to non-residents.

4. Title III, employment and training assistance for dislocated workers programs (any one of the four eligibility categories):

a. Category one:

i. Has been terminated or laid-off from employment; and

ii. Is eligible for or has exhausted his entitlement to unemployment compensation.

b. Category two:

i. Has been or will be terminated as a result of any permanent closure of a plant or facility; and

ii. Is unlikely to return to his previous industry or occupation.

c. Category three:

i. Has been involuntarily unemployed (as defined in A.R.S. § 23-777 and A.C.R.R. R6-3-5605, R6-3-56130 and R6-3-56205) for 13 weeks or more, or is employed in stop-gap employment; and

ii. Is unlikely to return to a previous or similar occupation within the applicant's labor market area.

d. Category four:

i. Has been involuntarily unemployed (as defined in A.R.S. § 23-777 and A.C.R.R. R6-3-5605, R6-3-56130 and R6-3-56205) for 13 weeks or more, or is employed in stop-gap employment; and

ii. Has little likelihood of employment in a similar industry or occupation within the applicant's labor market area; and

5. Applicants shall be eligible for Title II-A programs even though they are not economically disadvantaged, if they have encountered substantial barriers to employment as defined in Section 203(a)(2) of JTPA and the respective SDA Job Training Plan or SDA contract with DES.

6. Handicapped youth shall be considered as a family of one for the purposes of determining eligibility.

D. Applicants determined eligible may be enrolled as participants within 45 calendar days of the date of the completed application. If the applicant is not enrolled within this time, a new application must be taken (or the original application updated to show any changes in applicant data and the date of update) and have affixed the signature of the applicant (parent or guardian if the applicant is under age 18) and the authorized SDA or subrecipient representative.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-103 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).
Ariz. Admin. Code § R6-11-104 Selection-enrollment Responsibility

A. Each direct subrecipient of the Department shall establish criteria to be used for selection of eligible applicants to participate in JTPA programs for which the subrecipient is funded and responsible.

B. Selection criteria shall be objective and applied equitably to conform with the intent and requirements of the JTPA, and be consistent with the respective Job Training Plans. The criteria for adult programs shall relate to the potential for increased employment and earnings and reduced welfare dependency.

C. A listing of the selection criteria used shall be made available to any applicant.

D. Enrollment of non-economically disadvantaged participants with substantial barriers to employment, as defined in Section 203(a)(2) of JTPA, shall not exceed 10% of the current and cumulative number of individuals enrolled in all Title II-A, Section 202(a)(1), programs within the respective SDA.

E. Enrollment of Title III participants shall follow priority in order of eligibility categories as identified in R6-11-103 .C.4.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-104 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).
Ariz. Admin. Code § R6-11-105 Expired

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-105 adopted as an emergency effective January 6, 1984, now adopted and amended as a permanent rule effective April 5, 1984 (Supp. 84-2). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 25, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-11-106 Expired

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). New Section R6-11-106 adopted as a permanent rule effective April 5, 1984 (Supp. 84-2). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 25, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-11-107 Confidentiality

Each subrecipient of JTPA funds shall abide by and ensure compliance with all applicable state and federal statutes, policies and regulations regarding the use and disclosure of information concerning any applicant or participant under JTPA programs.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Correction. Supp. 84-1 should read Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days. Former Section R6-11-107 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).
Ariz. Admin. Code § R6-11-108 Expired

History

  • Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-108 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 25, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-11-109 Expired

History

  • Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-109 adopted as an emergency effective January 6, 1984, now adopted and amended as a permanent rule effective April 5, 1984 (Supp. 84-2). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 25, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-11-110 Expired

History

  • Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-110 adopted as an emergency effective January 6, 1984, now adopted and amended as a permanent rule effective April 5, 1984 (Supp. 84-2). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 25, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-11-111 Complaint Resolution Procedures

A. Each direct subrecipient of JTPA funds shall maintain a record of complaints and grievances, and shall appoint a grievance officer for the purpose of processing complaints or grievances filed pursuant to Sections 144 and 167 of JTPA, except for complaints of discrimination filed pursuant to Title VI of the Civil Rights Act of 1964.

B. All participants upon enrollment and other interested parties upon request shall be provided a written description of the subrecipient complaint procedures including notification of their right to file a complaint and instructions on how to do so.

C. The procedure should include at a minimum:

1. A requirement that the complaint be in writing;

2. Provide the name and address of the organization or individual against whom the complaint is made;

3. Provide the name, address and signature of the complainant;

4. Provide authorized subrecipient agency signature and date of filing;

Written notice of date, time and place of hearing, including notification of the opportunity to present evidence;

6. A record hearing be held within 30 days of the date of the complaint;

7. A written decision issued within 60 days of the date of the complaint.

8. The decision shall include notice of the right to appeal pursuant to Article 2 of these rules.

D. Interested parties seeking to file grievances under JTPA to the Department of Economic Security shall be referred to the nearest appropriate office of the Department.

E. In cases alleging violations of the non-discrimination provisions of JTPA Section 167 which would also be violations of Title VI of the Civil Rights Act of 1964, subrecipients shall immediately advise complainants of their right to file directly with the U.S. Department of Labor, Office of Civil Rights, and provide them with instructions on how to do so.

History

  • Adapted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-111 adopted as an emergency effective January 6, 1984, now adopted and amended as a permanent rule effective April 5, 1984 (Supp. 84-2).

Article 2 JTPA APPEAL PROCESS

Ariz. Admin. Code § R6-11-201 Right to Appeal

Any interested party shall have a right to appeal a determination, decision, order, or other action or inaction of either the Department or a JTPA subrecipient.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-201 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).
Ariz. Admin. Code § R6-11-202 Hearing Request

A. A request for a hearing is any oral or written communication by an interested party or its legal counsel which expresses a clear intent to appeal an adverse action. The freedom to make such a request must not be limited or interfered with in any way.

If the request is oral, the Department shall prepare a written request on behalf of the individual and obtain the individual's signature on the request.

B. The request for hearing shall be filed in accordance with the following time limits:

Within ten days of the date of the adverse decision when the request is an appeal of an adverse decision resulting from a subrecipient grievance procedure;

2. Within ten days of the date that the subrecipient failed to hold a hearing or issue a decision within the required time limit;

Within one year of the date of the alleged adverse occurrence in all other cases.

C. The submission of any request for a fair hearing not within the specified statutory or regulatory period shall be considered timely if it is established to the satisfaction of the Department that the delay in submission was due to Department error or misinformation or to delay caused by the U.S. Postal Service or its successor.

D. The hearing shall be conducted within 30 days of the request unless all interested parties waive the time limit in writing.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-202 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).
Ariz. Admin. Code § R6-11-203 Notice of Hearing

A. Advance written notice of the hearing will be provided by regular mail to all interested parties at least ten days prior to the hearing to permit adequate preparation of the case. The notice will include:

1. The time, date and place of the hearing. Hearings shall be held at those regularly established hearing locations most convenient to the interested parties, or, at the discretion of the hearing officer, by telephone.

2. The name, address, and telephone number of the person to notify in the event it is not possible for the party or its legal counsel to attend the scheduled hearing.

3. The hearing procedures, a statement of the issues, and any other information which would provide the party or its legal counsel with an understanding of the proceedings and contribute to the effective presentation of the party's case.

4. An explanation that the party or its legal counsel may examine the case file prior to the hearing.

B. Any interested party may waive, either in writing or on the record, his right to notice.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-203 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).
Ariz. Admin. Code § R6-11-204 Hearing Procedures

A. Hearing officer duties.

1. Hearings will be conducted by an impartial official who has no personal involvement in the case and who was not directly involved in the initial determination of the action which is being contested.

2. The hearing official will be a state-level employee designated to conduct hearings and will:

a. Regulate and conduct the course of the hearing consistent with due process to insure an orderly hearing.

b. Insure all relevant issues are considered, and evidence not related to the issues is not allowed to become a part of the record.

c. Administer oaths or affirmations.

d. Request, receive, and make a part of the record all evidence determined necessary to decide the issues being raised.

e. Take notice of judicially cognizable facts or generally recognized technical or scientific facts within the agency's specialized knowledge.

f. Make a recommendation to the Director pursuant to A.R.S. § 41-1992(C).

B. Witnesses and subpoenas.

1. An interested party shall arrange for the presence of his witnesses at a hearing.

2. A notice to attend a hearing, or a subpoena, may be issued by the hearing officer on his own motion.

3. Subpoenas requiring the attendance of witnesses or the production of documentary evidence at a hearing may be issued by the hearing officer on his own motion or upon written application by an interested party. Such request shall contain the name of the individual or documents desired, the address at which the subpoena may be served, and a brief statement of the facts which the applicant expects to prove by the individual or documents requested. The application shall be submitted to the Department in sufficient time prior to the hearing to permit preparation and service of the subpoena before the hearing.

Witnesses subpoenaed who attend hearings shall be allowed fees at the same rate as paid by the superior court.

C. Consolidation of cases. When the same or substantially similar evidence is relevant and material to the issues in more than one case, proceedings thereon may be conducted jointly, a single record of the proceedings made and evidence introduced with respect to one case considered as introduced in the others, unless the hearing officer determines that such consolidation would be prejudicial to the interests or rights of any interested party.

D. Hearings. All interested parties shall be ready and present with all witnesses and documents at the time and place specified in the notice of hearing and shall be prepared at such time to dispose of all issues and questions involved in the appeal or petition.

1. Public hearings. All hearings shall be open to the public, but the hearing officer conducting a hearing may close the hearing to other than interested parties to the extent necessary to protect the interests and rights of the interested parties where confidential information as defined or protected by statute is offered into evidence.

2. Hearing rights. A party or its legal counsel must be given adequate opportunity to examine all documents and records to be used during the course of the hearing at a reasonable time before the date of the hearing, as well as during the hearing, and:

a. Receive a copy, without charge, of relevant portions of the case file if requested.

b. Present the case or have it presented by legal counsel.

c. Present witnesses.

d. Advance arguments without undue influence.

e. Question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses.

f. Submit evidence to establish all pertinent facts and circumstances in the case.

The subrecipient which issued the adverse action shall proceed initially and have the burden of proof in presenting the case before the hearing officer.

3. Record of the hearing. A full and complete record, including properly identified exhibits, shall be kept of all proceedings in connection with an appeal or petition, and such record shall be open for inspection by any interested party. When a transcript of the proceedings is made for the Department's use or for further proceedings, a copy may, upon written request, be furnished to interested parties who shall be charged therefor, or the charge may be waived if evidence of impecunious circumstances is presented.

4. Oral arguments and briefs. At the conclusion of any hearing, the interested parties shall be granted a reasonable opportunity to present argument on all issues of fact and law to be decided. The hearing officer shall afford interested parties an opportunity either to present oral argument or to file briefs, or both. The hearing officer may limit the time of the oral argument.

5. Continuances or reopenings. The hearing officer may, on his own motion or at the request of any interested party, upon a showing of good cause, continue the hearing to a future time or reopen a hearing before a decision is issued to take additional evidence.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-204 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).
Ariz. Admin. Code § R6-11-205 Hearing Decisions

A. Decisions.

1. The hearing officer shall issue a recommendation in accordance with A.R.S. § 41-1992.

2. All evidence, including records and documents of the Department which the hearing officer makes a part of the record of the hearing shall be considered in determination of the case. Every decision shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.

3. The recommendation shall be issued not later than 60 days after the filing of the request for hearing unless the time limit is waived by all interested parties in writing or on the record. A party may request a Director's Review when a recommendation has not been issued within 60 days of the request for hearing and the time limit has not been waived.

3. A copy of such recommendation, together with an explanation of rehearing and reconsideration rights, shall be delivered or mailed to each interested party or its attorney of record.

4. The recommendation of the hearing officer shall become the decision of the Department upon approval by the Director, and the decision shall become final unless a request for reconsideration is filed within ten days after the decision is mailed or otherwise delivered to the interested parties.

6. Prior to approving the recommendation, the Director may remand the case to the hearing officer for review and/or rehearing, specifying the nature of any additional issues to be considered. The Director may issue a decision which differs from the hearing officer's recommendation without remanding the case for review or rehearing.

B. Informal dispositions. An appeal or petition may be informally disposed of without further review on the merits:

1. By withdrawal, if the appellant withdraws the appeal in writing or on the record at any time before the recommendation is issued; or

2. By dismissal, if the appellant fails to file the appeal within the time permitted; or

3. By stipulation, if the parties agree on the record or in writing at any time before the recommendation is issued, subject to approval by the hearing officer; or

4. By default, if the appellant fails to appear or waives appearance at the scheduled hearing.

C. Rehearing

1. Except as provided in paragraph (7), a party may request a rehearing or review by filing a written motion specifying the particular grounds therefor. The motion must be filed within ten days after the recommendation was mailed or otherwise delivered. For purposes of this subsection, a recommendation shall be deemed to have been served when personally delivered or mailed to the party at its last known residence or place of business, or to its attorney of record.

2. A motion for rehearing under this rule may be amended at any time before it is ruled upon by the hearing officer. A response may be filed by any other party within ten days after service of such motion or amended motion. The hearing officer may require the filing of written briefs upon the issues raised in the motion and may provide for oral argument.

3. A rehearing of the recommendation may be granted for any of the following causes materially affecting the moving party's rights:

a. Irregularity in the administrative proceedings of the agency or its hearing officer or the prevailing party, or any order or abuse of discretion, whereby the moving party was deprived of a fair hearing;

b. Misconduct of the Department or its hearing officer or the prevailing party;

c. Accident or surprise which could not have been prevented by ordinary prudence;

d. Newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the original hearing;

e. Excessive or insufficient penalties;

f. Error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing;

g. That the recommendation is not justified by the evidence or is contrary to law.

4. The hearing officer may affirm or modify the recommendation or grant a rehearing to all or any of the parties and on all or part of the issues for any of the reasons set forth in paragraph (3). An order granting a rehearing shall specify with particularity the ground or grounds on which the rehearing is granted, and the rehearing shall cover only those matters so specified.

5. Not later than ten days after a recommendation is rendered, the hearing officer may on his or her own initiative order a rehearing or review of its recommendation for any reason for which a rehearing might have been granted on motion of a party. After giving the parties or their counsel notice and an opportunity to be heard on the matter, the hearing officer may grant a motion for rehearing for a reason not stated in the motion. In either case, the order granting such a rehearing shall specify the grounds therefore.

When a motion for rehearing is based upon affidavits, they shall be served with the motion. An opposing party may within ten days after such service serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days by the hearing officer for good cause shown or by written stipulation of the parties. Reply affidavits may be permitted.

7. If in a particular case the hearing officer makes specific findings that the immediate effectiveness of the recommendation is necessary for the immediate preservation of the public peace, health and safety and that a rehearing or reconsideration is impracticable, unnecessary or contrary to the public interest, the recommendation may be issued as a final decision by the Director without an opportunity for rehearing or reconsideration. If a recommendation is issued as a final decision without an opportunity for rehearing or reconsideration, any application for judicial review of the decision shall be made within the time limits permitted for applications for judicial review of the Department's final decisions.

8. For purposes of this Section the terms "contested case" and "party" shall be defined as provided in A.R.S. § 41-1001.

9. To the extent that the provisions of this rule are in conflict with the provisions of any statute providing for rehearing of decisions of the Department such statutory provisions shall govern.

D. Director's reconsideration

1. Except as provided in subsection (C)(7) above, a party may request a Director's reconsideration of an adverse hearing decision within ten calendar days after the decision was mailed or delivered.

2. The request for reconsideration must be in writing. It should set forth a statement of the grounds for reconsideration, and may be filed personally or by mail.

3. Except as provided in subsection (C)(7) above, upon timely filing of such a request, any action pursuant to the original decision shall be stayed until the Director's decision upon reconsideration is issued.

4. After receipt of a request, the Director will:

a. Remand the case for rehearing, specifying the nature of any additional evidence required and/or issues to be considered, or;

b. Decide the appeal on the record.

5. The Director's recommendation shall be the final recommendation.

6. A copy of the decision will be distributed to each interested party by regular mail.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-205 adopted as an emergency effective January 6, 1984, now adopted and amended as a permanent rule effective April 5, 1984 (Supp. 84-2).
Ariz. Admin. Code § R6-11-206 Failure of a Party to Appear

A. If there is no appearance on behalf of an interested party at a scheduled hearing, the hearing officer may adjourn the hearing to a later date or proceed to review the evidence of record and such other evidence as may be presented at the scheduled hearing and make a disposition or recommendation on the merits of the case.

B. If a recommendation is issued adverse to any interested party that failed to appear at a scheduled hearing, that party may request a hearing to determine if good cause exists to reopen the hearing. The request to reopen must be in writing, filed within ten days of the date of mailing of the recommendation or disposition, and shall set forth the reasons for the failure to appear.

C. A hearing shall be held to determine whether there was good cause for the failure to appear and, in the discretion of the hearing officer, to review the merits of the case. Upon a finding of good cause for failure to appear at the scheduled hearing, the disposition or recommendation on the merits shall be vacated and the case reset for hearing.

D. Good cause warranting reopening of a case shall be established upon proof that both the failure to appear and failure to timely notify the hearing officer were beyond the reasonable control of the nonappearing party.

E. When an appellant fails to appear or waives appearance, the hearing officer may enter a default disposition without further right to appeal except as provided in this rule.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-206 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).
Ariz. Admin. Code § R6-11-207 Hearing Officer

A. Disqualification for cause. No person shall participate on behalf of the Department in any case in which he is an interested party. Challenges to the interest of any hearing officer may be heard and decided by that hearing officer, or, upon written request, referred to his immediate supervisor.

B. Change of hearing officer. Not later than five days prior to the date set for the hearing, any interested party may file a written request for change of hearing officer. The hearing officer shall immediately transfer the matter to another hearing officer who shall conduct the hearing. No more than one change of hearing officer shall be granted to any one party.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-207 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).
Ariz. Admin. Code § R6-11-208 Postponement of Hearing

At the request of a party or on his own initiative, the hearing officer may order, orally or in writing, that a hearing be postponed. A requested postponement shall be granted if:

1. The request is promptly made after the party received the notice of hearing, or after the circumstance requiring postponement arises, and

2. The party has good cause for not attending the hearing at the time and date set. Good cause exists when the circumstances causing the request are beyond the reasonable control of the requesting party, and failure to grant the postponement would result in undue hardship for the requesting party.

History

  • Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Former Section R6-11-208 adopted as an emergency effective January 6, 1984, now adopted without change as a permanent rule effective April 5, 1984 (Supp. 84-2).

Chapter 12 DEPARTMENT OF ECONOMIC SECURITY - CASH ASSISTANCE PROGRAM

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R6-12-101 Definitions

The following definitions apply to this Chapter:

1. "Acceptable medical source" means a registered nurse practitioner or a licensed physician, including a medical or osteopathic doctor; licensed psychologist; licensed optometrist; and licensed podiatrist, as applicable for the particular medical impairment.

2. "Adequate notice" means a notice which explains the action the Department intends to take, the reason for the action, the specific authority for the action, the recipient's appeal rights, and right to benefits pending appeal, and which is mailed before the effective date of the action.

3. "Adequate and timely notice" means a written notice which contains the information required for an adequate notice and is sent within the time-frame provided for a timely notice.

4. "Adverse action" means one of the Department actions described in R6-12-1001(A), including action to terminate or reduce a benefit or assistance grant, or change the manner or form in which benefits are paid.

5. "AHCCCS" or "Arizona Health Care Cost Containment System" means a system established pursuant to A.R.S. § 36-2901 et seq. which consists of contracts with providers for the provision of hospitalization and medical care coverage to members.

6. "AHCCCSA" or "The Arizona Health Care Cost Containment System Administration" means the Arizona state government agency which administers the AHCCCS program.

7. "Appellant" means an applicant or recipient of assistance who is appealing an adverse action by the Department.

8. "Applicant" means a person who has directly, or through an authorized representative or responsible person, filed an application for CA with the Department.

9. "Assistance unit" means those members of a needy family, or a child only case, that meet the non-financial eligibility criteria for Cash Assistance and whose needs, income, resources, and other circumstances are considered as a whole to determine a Cash Assistance benefit amount.

10. "Available income" means income that is actually available to the family or the assistance unit, and income in which the family or the assistance unit has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance. When an assistance unit includes a dependent child who resides with a parent or a minor sibling, the Department shall consider the income of the parent and minor sibling as available income to the assistance unit.

11. "Available resources" means resources that are actually available to the assistance unit, and resources in which the assistance unit has a legal interest. Resources include a liquidated sum in which the assistance unit has the legal ability to make such sum available for support and maintenance. When an assistance unit includes a dependent child who resides with a parent or a minor sibling, the Department shall consider the resources of the parent and minor sibling as available resources to the assistance unit.

12. "Benefit month" means the calendar month for which benefits are paid based upon the assistance unit's projected income and anticipated circumstances for that same month.

13. "Benefit" or "cash benefit" means a monetary amount that the Department pays to an assistance unit for a particular benefit month.

14. "Bona fide funeral agreement" means a prepaid plan that specifically covers only funeral-related expenses as evidenced by a written contract.

15. "Burial plot" means a space reserved in a cemetery, crypt, vault, or mausoleum for the remains of a deceased person.

16. "CA" means Cash Assistance, a program administered by the Department that provides assistance to needy families with dependent children and to child only cases under 42 U.S.C. 601 et seq.

17. "Calendar quarter" means one of the four consecutive three-month periods of a calendar year beginning with either January 1, April 1, July 1, or October 1.

18. "Calendar year" means a period of 12 consecutive months beginning with January 1 and ending with December 31.

19. "Caretaker relative" means a parent or a non-parent relative (Non-parent Caretaker Relative or NPCR), whether related by blood or adoption, who maintains a family setting for a dependent child and who exercises responsibility for the day-to-day physical care, guidance, and support of that child.

20. "Child only case" means a case in which the eligible dependent child is in the legal custody of the Department and placed in foster care as defined in A.R.S. § 8-501, with an unrelated adult, or a nonparent relative who is not receiving Cash Assistance. A.R.S. § 46-101(7).

21. "Child welfare agency" means any agency or institution as defined at A.R.S. § 8-501(A)(1).

22. "Collateral contact" means an individual, agency, or organization the Department contacts to confirm information provided by the applicant or recipient.

"Countable income" means income from every source minus income excluded under R6-12-503.

24. "Countable payment" means a cash benefit paid to or for an assistance unit in the Arizona CA program on or after October 1, 2002, but does not include cash benefits that are not countable toward the 36-month time limit under R6-12-318(E).

25. "Crime" means any unlawful act against a head of household, the spouse of the head of household, or any member of an assistance unit that creates a hardship.

26. "Current federal poverty level" means the federal Department of Health and Human Services poverty guidelines published annually in the Federal Register.

27. "Day" means a calendar day unless otherwise specified.

"Department" means the Arizona Department of Economic Security.

29. "Dependent child" means a child as defined at A.R.S. § 46-101(8).

30. "Disregards" means those income deductions that the Department applies to the family's or the assistance unit's gross earned income to determine eligibility and benefit amount.

31. "District Medical Consultant" means a licensed physician whom the Department employs to review medical records for the purpose of determining physical or mental incapacity.

32. "Earned income" means any monetary gain to the family or the assistance unit as defined in 45 CFR 233.20(a)(6)(iii) through (viii) (October 1994) which is incorporated by reference and on file with the Office of the Secretary of State and not including any later amendments or editions, and in Article 5 of this Chapter.

33. "Eligibility determination date" means the date the Department makes the decision described in R6-12-706 and issues the eligibility decision notice.

34. "Encumbrance" means a legal debt.

35. "Equity value" means fair market value minus encumbrances.

36. "FAA" or "Family Assistance Administration" means the administration within the Department's Division of Benefits and Medical Eligibility with responsibility for providing financial and food stamp assistance to eligible persons and determining medical eligibility.

37. "Fair consideration" means an amount which reasonably represents the fair market value of transferred property.

"Fair market value" means the value at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell, and both having reasonable knowledge of the relevant facts.

39. "Family" means the following individuals living in the same home with:

a. A head of household caretaker relative:

i. A dependent child,

ii. Parent or parents of the dependent child,

iii. Spouse of the parent or parents of the dependent child,

iv. The head of household caretaker relative,

v. The spouse of the head of household caretaker relative,

vi. Minor siblings of the dependent child,

vii. Minor children of the head of household caretaker relative, and

viii. Minor children of the spouse of the head of household caretaker relative, or

b. A minor parent requesting CA under R6-12-608 :

i. The minor parent or parents,

ii. The minor parent's child,

iii. The minor parent's adult caretaker relative,

iv. The spouse of the minor parent's adult caretaker relative,

v. Minor parent's minor siblings or step-siblings,

vi. Minor children of the adult caretaker relative, and

vii. Minor children of the spouse of adult caretaker relative.

40. "Foster care maintenance payment" means a monetary amount which the Department pays to a foster parent for the expenses of a child in foster care.

"Foster child" means a child placed in a foster home or a child welfare agency.

42. "Gross Income" means countable income available to a family and an assistance unit for the purpose of computing the net income amount that is used to determine the income eligibility of a family and the cash benefit amount for an assistance unit.

43. "Hardship" means a situation that causes suffering or distress through the deprivation or loss of basic needs. The hardship must prevent an adult assistance unit member, the caretaker relative head of household, the spouse of the caretaker relative head of household, or the minor parent head of household from working or engaging in work activities to a degree that such person is prevented from financially supporting the eligible dependent child in the assistance unit, independent of CA.

44. "Head of household" means a dependent child's parent or the spouse of the parent, or the dependent child's nonparent relative or spouse of the nonparent relative, who receives Cash Assistance for him (or her)self and on behalf of the dependent child or only on behalf of the dependent child. A.R.S. § 46-101(13).

45. "Homebound" means a person who is confined to the home because of physical or mental incapacity.

46. "Homeless" means all assistance unit members meet either of the following criteria:

a. They do not have a fixed or regular nighttime residence.

b. They have as their primary nighttime residence one of the following:

i. A supervised shelter designed to provide temporary shelter to homeless persons;

ii. A half-way house or similar institution that provides temporary residence;

iii. A rent-free accommodation in the residence of another person for not more than 90 days; or

iv. A place not designed, or ordinarily used, for sleeping. This includes the following:

(1) Car,

(2) Bus station,

(3) Hallway,

(4) Park, or

(5) Sidewalk.

47. "Homestead property" means a home owned and occupied by an applicant or recipient, or which is co-owned and occupied by a separated or divorced spouse of an applicant or recipient.

"Income" means earned and unearned income available to a family or an assistance unit.

49. "JOBS" or "Job Opportunities and Basic Skills Training Program" means the program authorized by 42 U.S.C. 681 - 687 and A.R.S. § 46-299, which assists CA recipients to prepare for, obtain, and retain employment.

50. "Job Corps" means the program authorized by 29 U.S.C. 1691 et seq. which provides education, training, intensive counseling, and related assistance to economically disadvantaged young men and women.

51. "JTPA" or "Job Training Partnership Act" means the program authorized by 29 U.S.C. 1501 et seq. which prepares youth and unskilled adults for entry into the labor force and affords special job training.

52. "Lawful Permanent Resident" means a noncitizen who has been granted authorization by the United States Citizen and Immigration Service to live and work in the United States on a permanent basis.

53. "Liquid asset" means cash or another financial instrument which is readily convertible to cash.

54. "Local office" means a FAA office which is designated as the office in which CA applications and other documents are filed with the Department and in which eligibility and benefit amounts are determined.

55. "Lump sum income" means a single payment of earned or unearned income, such as retroactive monthly benefits, non-recurring pay adjustments or bonuses, inheritances, lottery winnings, or personal injury and workers' compensation awards.

56. "Mailing date," when used in reference to a document sent first class, postage prepaid, through the United States mail, means the date:

a. Shown on the postmark;

b. Shown on the postage meter mark of the envelope, if there is no postmark; or

c. Entered on the document as the date of its completion, if there is no legible postmark or postage meter mark.

57. "Need standard" means the money value the state assigns to the basic and special needs deemed essential for an assistance unit.

58. "Needy family" means the same as A.R.S. § 46-101(16).

59. "Net income" means gross income, minus the monthly earned income disregards under R6-12-703 . Net income is used to determine the income eligibility of a family and a cash benefit amount for an assistance unit.

60. "Non-parent relative" means a dependent child's grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, niece, nephew, or cousin and includes a permanent guardian who is appointed pursuant to A.R.S. § 8-872. A.R.S. § 46-101(17).

61. "Noncitizen" means a person who is not a United States citizen.

"Noncitizen sponsor," which is sometimes referred to as a "sponsor," means an organization which, or a person who, has executed an affidavit of support or similar agreement on behalf of an noncitizen who is not the child or spouse of the sponsor, as a condition of the noncitizen's entry into the United States.

63. "Notice date" means the date which appears as the official date of issuance on a document or official written notice the Department sends or gives to an applicant or recipient.

64. "OSI" or "Office of Special Investigations" means the Department office to which FAA refers cases for investigation of certain eligibility information, investigation and preparation of fraud charges, coordination and cooperation with law enforcement agencies, and other similar functions.

65. "Overpayment" means a financial assistance payment received by or for an assistance unit for a benefit month and which exceeds the amount to which the unit was lawfully entitled.

66. "Parent" means the lawful mother or father of a dependent child and includes only a birth or adoptive parent and excludes a stepparent.

"Participating in a strike" means engaging in any activity as defined at 29 U.S.C. 142(2), as amended through June 23, 1947, which is incorporated by reference and on file with the Office of the Secretary of State and not including any later amendments or editions.

68. "Party" means the Department and the applicant or recipient.

69. "Payment standard" means the amount of money from which net income is subtracted to calculate the monthly benefit amount.

70. "Physical or mental incapacity" means a physical or mental impairment which substantially precludes a parent from providing for the support or care of the parent's child.

71. "PI" means the Primary Informant, who is the individual who signs the Application for Assistance; in TPEP assistance units the PI is the PWEP.

72. "PRA" means the Personal Responsibility Agreement, which is a document listing the obligations of a household that applies for and receives CA.

"Projected income" means an estimate of income that a family or an assistance unit reasonably expects to receive in a specific month, the actual amount of which is unknown but which is estimated from available and reliable information.

74. "Prospective eligibility" means an eligibility determination for a benefit month based on income and other circumstances as they actually exist, and are anticipated to exist, in that same month.

"Putative father" means a male person whom a birth mother has named as father of her child, but whose paternity has not been established as a matter of law.

76. "Prospective budgeting" means the computation of a benefit amount for a particular benefit month based on the Department's projected income and circumstances as they actually exist and are anticipated to exist for that same month.

77. "PRWORA" means the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193).

78. "PWEP" or "Primary wage earning parent" means the parent in a two-parent family who earned the greater amount of income in the 24-month period immediately preceding the month in which an application for benefits is filed.

79. "Request for hearing" means a clear written expression by an applicant or recipient, or such person's representative, indicating a desire to present the case or issue to a higher authority.

"Resources" means real and personal property available to an assistance unit.

81. "Review" means a review of all factors affecting an assistance unit's eligibility and benefit amount.

82. "Spendthrift restriction" means a legal restriction on the use of a resource which prevents a payee or beneficiary from alienating the resource.

83. "Sponsored noncitizen means a noncitizen whose entry into the United States was sponsored by a person who, or an organization which, executed an affidavit of support or similar agreement on behalf of the noncitizen alien, who is not a child or spouse of the sponsor.

84. "Student" means a person who is attending a school, college, or university, or who is enrolled in a course of vocational or technical training designed to prepare the trainee for gainful employment, and includes a participant in Job Corps.

85. "Suitable work" means work in a recognized occupation for which a person is reasonably qualified.

86. "Support" means child support, alimony, spousal maintenance, or medical support.

87. "Supportive Services unit" means an assistance unit which is eligible for all benefits, except a monthly cash amount, that a CA assistance unit receives.

88. "SVES" means the State Verification and Exchange System which is a system through which the Department exchanges income and benefit information with the Internal Revenue Service, Social Security Administration, State Wage, and Unemployment Insurance Benefit data files.

89. "TANF" means Temporary Assistance for Needy Families, which is a program administered by the Department to provide assistance to needy families with dependent children and child only cases under 42 U.S.C. 601 et seq.

90. "Timely notice" means a notice which the Department mails at least 10 days before the date on which the action described in the notice will occur or take effect or, in circumstances of probable fraud, at least five calendar days in advance of the date such action is effective.

91. "Title IV-A of the Social Security Act" means 42 U.S.C. 601 - 617, the statutes establishing the CA program.

92. "Title IV-E of the Social Security Act" means 42 U.S.C. 670 - 679, the statutes establishing the foster care and adoption assistance programs.

93. "TPEP" or "Two-parent Employment Program" means the CA program that provides assistance for dependent children residing in a needy family who are deprived of parental support because the primary wage-earning parent is unemployed.

94. "Underpayment" means a monthly benefit payment which is less than the amount for which the assistance unit is eligible, or the failure to issue a benefit payment when such payment should have been issued.

95. "Vendor payment" means a payment that a person or organization who is not a member of the family or the assistance unit makes to a third-party vendor to cover family or assistance unit expenses.

"Violence" means battery or extreme cruelty inflicted on a head of household or any member of an assistance unit. Battery or extreme cruelty includes any of the following:

a. Physical acts that threatened or resulted in physical injury;

b. Threats of, or attempts at, physical or sexual abuse;

c. Sexual activity involving a child;

d. Being forced as the caretaker of a child to engage in non-consensual sexual acts or activities;

e. Mental or emotional abuse; and

f. Neglect or deprivation of basic necessities such as food or medical care.

97. "Voluntary Quit/Reduction in Work Effort" is an action to willingly quit a job or reduce work effort without good cause.

98. "Warrant" means a payment instrument drawn on the Arizona State Treasury authorizing payment of a particular sum of money to an CA recipient.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-102 Confidentiality

A. Personally identifiable information.

1. All personally identifiable information concerning an applicant, recipient, or member of a family in the possession of the Department is confidential and not subject to public inspection, except as otherwise specified in A.R.S. § 41-1959 and this Section.

2. Personally identifiable information includes:

a. Name, address, and telephone number;

b. Social Security number and date of birth;

c. Unique identifying numbers such as a driver's license number;

d. Photographs;

e. Information related to social and economic conditions or circumstances;

f. Medical data, including diagnosis and past history of disease or disability; and

g. Any other information which is reasonably likely to permit another person to readily identify the subject of the information.

B. Release of information to applicants and recipients.

1. An applicant or recipient may review the contents of his or her own eligibility file at any time during the Department's regular business hours, provided that a Department employee is present during the review.

2. A dependent child may review a case file in which the child is included as a recipient, only with the written permission of the child's parent, or legal guardian or custodian.

3. The Department may withhold medical information which, if released, may cause physical or mental harm to the person requesting the information, until the Department contacts the person's physician and obtains an opinion that the Department can safely release the information.

C. Release of information to authorized persons and representatives. An applicant or recipient may permit the release of information from the applicant or recipient's eligibility file to another person or representative by executing a release form containing the following information:

1. The specific information the Department is authorized to release;

2. The name of the person to whom the Department may release information;

3. The duration of the release, if limited; and

4. Signature and date.

D. Release to persons and agencies for official purposes.

1. An official purpose is one directly related to the administration of a public assistance program and includes:

a. Establishing eligibility;

b. Determining the amount of an assistance grant;

c. Providing services to applicants and recipients, including child support enforcement services;

d. Investigating or prosecuting civil or criminal proceedings related to an assistance program; and

e. Evaluating, analyzing, overseeing, and auditing program operations.

2. The Department may release confidential information to the following persons and agencies to the extent required for official purposes:

a. Department employees;

b. Employees of the Social Security Administration;

c. Public assistance agencies of any other state;

d. Persons connected with the administration of child support enforcement activities;

e. Arizona Attorney General's Office;

f. Persons connected with the administration of federal or federally assisted programs which provide assistance, in cash or in-kind, or services directly to individuals on the basis of need;

g. Government auditors when the audits are conducted in connection with the administration of any assistance program by a governmental entity which is authorized by law to conduct such audits;

h. AHCCCSA, for eligibility purposes;

i. Law enforcement officials for an investigation, prosecution, or civil or criminal proceedings conducted by or on behalf of the Department or a federal public assistance agency in connection with the administration of a public assistance program; and

j. The Internal Revenue Service for the purpose of identifying improperly claimed tax exemptions by the absent parent of a child supported by CA.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-103 Case Record

A. The Department shall maintain a case record for every applicant for or recipient of assistance.

B. Except as otherwise provided in subsections (C) and (D) below, the Department shall retain the case record for a period of 3 years after the last date on which the applicant received an adverse determination of eligibility or the recipient last received a benefit payment.

C. The Department shall retain a case record which contains an unpaid overpayment until:

1. The overpayment is paid in full, or

2. The assistance unit is no longer obligated to repay the overpayment.

D. The Department shall retain a case record which includes a person determined to have committed an intentional program violation pursuant to Article 12 until:

The overpayment is paid in full, and

2. The disqualification sanction is satisfied.

E. The case record shall contain all documentation collected or prepared by the Department in evaluating and determining eligibility and benefit amount.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
  • 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.
Ariz. Admin. Code § R6-12-104 Manuals

Each FAA office shall maintain and keep available for public inspection and copying during regular business hours, a copy of the CA program manual.

History

  • 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.
Ariz. Admin. Code § R6-12-105 [REPEALED]

History

  • 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). Section repealed by final rulemaking at 16 A.A.R. 815, effective April 22, 2010 (Supp. 10-2).

Article 2 APPLICATION PROCESS AND PROCEDURES

Ariz. Admin. Code § R6-12-201 Application

A. Any person may apply for CA by filing, either in person or by mail, a Department-approved application form with any FAA office.

B. The application file date is the date any FAA office receives an identifiable application. An identifiable application is 1 which contains, at a minimum, the following information:

1. The legible name and address of the person requesting assistance; and

2. The signature, under penalty of perjury, of the applicant or the applicant's authorized representative, or, if the applicant is incompetent or incapacitated, someone legally authorized to act on behalf of the applicant.

C. In addition to the identifiable information described in subsection (B), a completed application shall contain:

1. The names of all persons living in the applicant's dwelling and the relationship of such persons to the applicant,

2. A request to receive cash benefits which complies with the requirements of R6-12-202, and

3. All other financial and non-financial eligibility information requested on the application form.

D. An application for CA is automatically treated as an application for AHCCCS medical benefits.

History

  • 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.
Ariz. Admin. Code § R6-12-202 Request for Benefits; Composition of the Assistance Unit

A. An applicant may receive CA for any eligible dependent child, and the parents, siblings, and nonparent relatives of the eligible dependent child residing in the applicant's home who meet the CA financial and nonfinancial eligibility criteria.

B. A parent or sibling in a family with an eligible dependent child:

1. Shall be part of the assistance unit with the dependent child when the parent or sibling:

a. Requests CA, and

b. Meets all nonfinancial CA eligibility criteria, or

2. Shall not be part of the assistance unit if the parent or sibling does not meet the requirements of subsection (B)(1), but the Department shall consider their income and resources available to the assistance unit for the purpose of determining the amount of the cash benefit.

C. An applicant who is the non-parent caretaker relative (NPCR) of a dependent child and who meets the requirements of R6-12-306(A)(4) may also ask to be included in the cash benefit.

D. When one NPCR cares for step-siblings or children who lack any sibling relationship, the NPCR and the children shall be included in the same cash benefit.

E. Notwithstanding any other provision of this Chapter, no person shall receive CA in more than one assistance unit in Arizona in any calendar month.

F. If a person is required to be included in more than one assistance unit, the Department shall consolidate the assistance units.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-203 Initial Eligibility Interview

A. Upon receipt of an identifiable application, the Department shall schedule an initial eligibility interview for the applicant at a location which assures a reasonable amount of privacy. Upon request, the Department shall conduct the interview at the residence of a person who is homebound.

B. The applicant shall attend the interview. A person of the applicant's choosing may also attend the interview.

C. During the interview, a Department representative shall:

1. Assist the applicant in completing the application form;

2. Witness the signature of the applicant or the applicant's authorized representative;

3. Discuss how the applicant and the other assistance unit members previously met their needs, and why they now need financial assistance;

4. Provide the applicant with written information explaining:

a. The terms, conditions, and obligations of the CA program, including the requirement that the applicant obtain and provide a Social Security number to the Department;

b. Any additional verification information as prescribed in R6-12-205(A) which the applicant must provide for the Department to conclude the eligibility evaluation;

c. The Department's practice of exchanging eligibility and income information through the State Verification and Exchange System (SVES);

d. The coverage and scope of the CA program, and related services which may be available to the applicant, including child care benefits;

e. The applicant's rights, including the right to appeal adverse action;

f. The AHCCCS enrollment process;

g. The requirement to report all changes within 10 calendar days from the date the change becomes known;

h. The family planning services available through AHCCCS health plans;

5. Review the penalties for perjury and fraud, as printed on the application;

6. Explain to the applicant:

a. Who shall be included in the family for the purpose of determining whether the assistance unit resides in a needy family,

b. Which family members may be included in the assistance unit,

c. Which family member's income and resources shall be considered available to the assistance unit, and

d. Which family member the applicant may include as an optional member of the assistance unit.

7. Review any verification information already provided;

8. Explain the applicant's duties to:

a. Cooperate with the Division of Child Support Enforcement (DCSE) in establishing paternity and enforcing support obligations, unless the applicant can show good cause for not doing so;

b. Transmit to the Department any support payments the applicant receives after the date the applicant is approved to receive CA; and

c. Participate in the Job Opportunities and Basic Skills Training (JOBS) program, unless the applicant or recipient is determined to be exempt from such participation;

9. Photograph the applicant for identification purposes;

10. Review all ongoing reporting requirements, and the potential sanctions for failure to make timely reports, including loss of disregards; and

11. Inform the applicant of the opportunity to set aside funds in an individual development account as prescribed in R6-12-404 for educational or training purposes.

D. When the applicant misses a scheduled appointment for an interview, the Department shall schedule a second interview for later that same day, or for another day, only if the applicant so requests before close of business on the day of the missed appointment.

E. The Department shall deny the application when the applicant fails to request a second appointment as provided in subsection (D) or when the applicant misses a second scheduled appointment.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-204 Disability Determination

A. When an assistance unit is requesting CA due to the mental or physical incapacity of a parent, as provided in R6-12-310(G), the Department shall verify the existence of the disability.

B. The assistance unit shall demonstrate incapacity of a parent by providing a medical statement from a licensed physician. The statement shall include:

1. A diagnosis of the person,

2. A finding that the person has a physical or mental condition which prevents the person from working, and

3. An opinion concerning the duration of unemployability or a date for re-evaluation of unemployability.

C. The local FAA office shall find disability, without further medical verification, when the applicant provides evidence that:

1. The Social Security Administration (SSA) has determined that the person is eligible for Retirement, Survivors, Disability Insurance (RSDI) benefits due to blindness or disability;

2. The SSA has determined that the person is eligible for Supplemental Security Income (SSI) due to blindness or disability;

The Veteran's Administration has determined that the person has at least a 100% disability;

4. The person's physician has released the person from the hospital and imposed work restrictions for a specified recuperation period;

5. The person's employer or physician has required the person to terminate employment due to the onset of a disability and the physician has specified a recuperation period;

6. The person's physician has determined that the person is capable of employment only in a sheltered workshop, for a specified period of time, and the person is so employed; or

7. A prior certification of disability is in the person's case record and is still valid to cover the period in which assistance is requested and will be received.

D. The District Medical Consultant shall determine incapacity for all persons not covered under subsections (B) or (C).

History

  • 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.
Ariz. Admin. Code § R6-12-205 Verification of Eligibility Information

A. The Department shall obtain independent verification or corroboration of information provided by the applicant, recipient, or family member when required by law, or when necessary to determine eligibility or benefit level.

B. The Department may verify or corroborate information by any reasonable means including:

1. Contacting third parties such as employers;

2. Making home visits as provided in R6-12-206;

3. Asking the applicant, recipient, or family member to provide written documentation, such as billing statements or pay stubs; and

4. Conducting a computer data match through SVES.

C. The applicant, recipient, or family member has the primary responsibility for providing all required verification. The Department shall offer to assist an applicant, recipient, or family member who has difficulty in obtaining the verification and requests help.

D. An applicant, recipient, or family member shall provide the Department with all requested verification within 10 calendar days from the notice date of a written request for such information. When an applicant, recipient, or family member does not timely comply with a request for information, the Department shall deny the application as provided in R6-12-209(B).

E. The application form shall contain a notice to advise the applicant that the Department may contact third parties for information. The applicant's signature on an application is deemed consent to such contact.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-206 Home Visits

A. The Department shall schedule a home visit:

1. When it reasonably believes that such a visit will avoid an eligibility determination error, or

2. To conduct an initial interview or an eligibility review when a homebound applicant or recipient so requests.

B. The Department shall mail the applicant or recipient written notice of a scheduled home visit at least 7 days before the date of the visit.

C. The Department may deny or terminate benefits if the applicant or recipient is not home for a scheduled visit for:

1. An initial interview and has not timely rescheduled the visit pursuant to R6-12-203(D), or

2. A 6-month review interview and has not timely rescheduled the visit pursuant to R6-12-210(D) .

D. The Department may conduct unscheduled visits to gather information or to verify information previously provided by an applicant or recipient. The Department shall not deny an application or terminate assistance if the applicant or recipient is not home for an unscheduled visit.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
  • 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.
Ariz. Admin. Code § R6-12-207 Withdrawal of Application

A. An applicant may withdraw an application at any time before the Department completes an eligibility determination by requesting a withdrawal from the Department either orally or in writing.

B. If an applicant orally asks to withdraw an application the Department shall:

1. Document the names of persons and type of benefits or services the applicant wishes to withdraw, and

2. Deny the application and notify the applicant.

C. A withdrawal is effective as of the date of application.

D. When an application is withdrawn, an applicant must file a new application to restart the application process.

History

  • 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).
Ariz. Admin. Code § R6-12-208 Death of an Applicant

A. If an applicant dies while the application is pending, the Department shall deny the application and inform the person responsible for the dependent child that a new application may be filed.

B. If the new application is filed within 45 days from the date of the original application, and the child is found eligible, the Department shall pay benefits for the child from the date of the original application. If eligible, the new applicant shall receive benefits from the date of the new application.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-209 Processing the Application; Denials; Approval

A. The Department shall complete the eligibility determination within 45 calendar days of the application file date, unless:

1. The application is withdrawn,

2. The application is rendered moot because the applicant has died or cannot be located, or

3. There is a delay resulting from a Department request for additional verification information as provided in R6-12-205(D) .

B. The Department shall deny an application when the applicant fails to:

1. Complete the application and an eligibility interview, as described in R6-12-203;

2. Submit all required verification information within 10 days of the notice date of a written request for such verification; or

3. Cooperate during the application process as required by R6-12-302 .

C. When an assistance unit satisfies all eligibility criteria, the Department shall compute a benefit amount, approve the application, and send the applicant an approval notice. The approval notice shall include the amount of assistance and an explanation of the assistance unit's appeal rights.

D. The Department shall process an application for the purpose of determining medical assistance eligibility pursuant to R9-22-101 et seq.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
  • 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.
Ariz. Admin. Code § R6-12-210 Six-month Review

A. The Department shall complete a review of all eligibility factors for each assistance unit at least once every six months, beginning with the sixth month following the first month of CA eligibility.

B. At least 30 days prior to the six-month review date, the Department shall mail the recipient a notice advising of the need for a review. In response to such notice, the recipient shall file a request for a six-month review and interview by the date specified on the notice.

C. The Department shall schedule and conduct a review interview in the same manner as an initial interview.

D. When the recipient misses a scheduled appointment for a six-month review interview, the Department shall schedule a second interview if the recipient so requests within 10 days of the missed appointment.

E. The Department shall terminate benefits when the recipient fails to request a second appointment as prescribed in subsection (D), or when the recipient misses a second scheduled appointment without good cause. Good cause shall include the following circumstances:

1. Lack of transportation on the day of the appointment,

2. Illness, or

3. Serious injury or accident involving an assistance unit member.

F. The Department shall verify the income of the needy family and the assistance unit's resources and income and any eligibility factors that have changed or are subject to change. The Department may verify other factors if Department experience suggests the need for additional verification.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-211 Reinstatement of Benefits

A. If the Department has terminated payment of benefits to an assistance unit, the Department shall not reinstate benefits unless the recipient files a new application and has a new interview.

B. Notwithstanding subsection (A), the Department shall reinstate benefits within 10 calendar days when:

1. Termination was due to Department error;

2. The Department receives a court order or administrative hearing decision mandating reinstatement; or

3. The recipient files a request for fair hearing as provided in R6-12-1002 within 10 days of the notice date of the termination notice, unless the request is for continuance of benefits past the 36-month limit in R6-12-318, the 60-month limit in R6-12-320, or the six-month limit in R6-12-611 .

C. When the Department reinstates benefits to a recipient who missed a six-month review due to the termination of benefits, the Department shall conduct the review at the earliest opportunity following reinstatement.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).

Article 3 NON-FINANCIAL ELIGIBILITY CRITERIA

Ariz. Admin. Code § R6-12-301 Non-financial Eligibility Criteria

To qualify for CA, a person shall satisfy all applicable criteria set forth in this Article.

History

  • 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.
Ariz. Admin. Code § R6-12-302 Applicant and Recipient Responsibility

A. An applicant for or recipient of assistance shall cooperate with the Department as a condition of initial and continuing eligibility. The applicant or recipient shall:

1. Give the Department complete and truthful information;

2. Inform the Department of all changes in income, assets, or other circumstances of the assistance unit affecting eligibility or the amount of the assistance payment within 10 days from the date the change becomes known; and

3. Comply with all the Department's procedural requirements.

B. The Department may deny an application for assistance, reduce or terminate benefits, or change the manner of payment, if the applicant or recipient fails or refuses to cooperate without good cause. However, the Department shall not impose such sanctions for failure to comply with a procedural requirement about which the Department has not advised the applicant or recipient in writing.

C. As a condition of eligibility, except in a child only case, the Department shall require the parent or NPCR to sign a Personal Responsibility Agreement when the parent or NPCR applies for benefits for a dependent child.

D. The Department shall inform the parent or NPCR that the signature acknowledges that:

1. The parent or NPCR is aware of and agrees to the statements in the Personal Responsibility Agreement regarding:

a. Preparing for and accepting employment to achieve self-sufficiency;

b. Ensuring school attendance by all school-age children;

c. Maintaining current immunizations for all dependent children; and

d. Cooperating with all rules and requirements of the Family Assistance, JOBS, and Child Care Administrations and of the Division of Child Support Enforcement.

2. The parent or NPCR agrees to the statement of personal responsibility on behalf of all other current and future members of the assistance unit.

E. The Department shall inform the parent or NPCR at the interview that failure to sign the Personal Responsibility Agreement will result in denial of CA benefits.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-303 Application for Other Potential Benefits

As a condition of eligibility, an assistance unit member and any person whose income is considered available to the assistance unit shall apply for all other cash benefits for which the person may be eligible, except SSI.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-304 Residency

A. To qualify for CA, a person shall be an Arizona resident.

B. An Arizona resident is a person who:

1. Voluntarily resides and intends to make a permanent home in Arizona,

2. Lives in Arizona at the time of making application, and

3. Is not receiving public assistance from another state.

C. A person terminates Arizona residency by:

Leaving Arizona for more than 30 consecutive days, or

2. Leaving Arizona with the intent to live elsewhere.

D. The dependent child of a caretaker relative who is an Arizona resident is deemed an Arizona resident.

E. The Department shall verify Arizona residency.

History

  • 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.
Ariz. Admin. Code § R6-12-305 Citizenship and Alienage

A. To qualify for CA, an assistance unit member shall be a United States citizen or a noncitizen legal alien who satisfies the requirements of PRWORA Section 431 and who meets eligibility requirements of PRWORA Section 402, not including any later amendments or editions, which are incorporated by reference and are available for inspection at the Department of Economic Security, 1789 West Jefferson, Phoenix, Arizona, and the Office of the Secretary of State, 1700 West Washington, Phoenix, Arizona.

B. The Department shall verify legal alienage of assistance unit members for whom CA is requested by obtaining a person's alien registration documentation, or other proof of immigration registration, from the U.S. Immigration and Naturalization Service (INS), or by submitting a person's alien registration number and other related information to the INS.

C. A sponsor's income and resources shall not be included when determining income eligibility for a family or a cash benefit amount for the assistance unit when a lawful permanent resident noncitizen member of an assistance unit and any lawful permanent resident noncitizen whose income is considered available to the assistance unit verifies 40 quarters of employment history.

D. An ineligible noncitizen may serve as payee for the eligible members of an assistance unit, but the Department shall exclude the needs of the ineligible noncitizen from the assistance grant.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-306 Eligible Persons

A. To qualify for CA, an otherwise eligible person shall be:

1. A dependent child under 18 years of age;

2. A dependent child age 18 and, as provided in R6-12-314, who is a full time student in a secondary school, or the equivalent level of vocational or technical training school, and is reasonably expected to complete such education or training before turning age 19;

3. The parent of an eligible CA child; or

4. A non-parent caretaker relative of an eligible CA child when:

a. The parent of the dependent child:

i. Does not live in the NPCR's home,

ii. Lives with the NPCR but is also a dependent child, or

iii. Lives with the NPCR but cannot function as a parent due to a physical or mental impairment;

b. The NPCR provides the dependent child with physical care, support, guidance, and control; and

c. The dependent child resides with the NPCR.

B. If otherwise eligible, the CA assistance unit shall include the following persons who are related to a dependent child for whom the applicant requests assistance:

1. Any natural or adoptive parent, and

2. Any natural or adopted brother or sister.

History

  • 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 renumbered and 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.
Ariz. Admin. Code § R6-12-307 Social Security Number

A. To qualify for CA, an assistance unit member shall furnish an Social Security number (SSN). If a member of an assistance unit lacks an SSN, the Department shall assist the person in applying for an SSN through procedures established between the Department and the United States Social Security Administration (SSA).

B. The Department shall obtain verification of Social Security numbers through contact with the SSA.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Former Section renumbered to R7-12-314; new Section R6-12-307 renumbered from R6-12-314 and amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-308 Family Benefit Cap

A. The Department shall not provide CA to a child except as provided in subsection (C), born during a month when:

1. The parent or non-parent caretaker relative is receiving CA or supportive services, or

2. The child is born to a parent who is ineligible for CA benefits due to noncompliance or failure to meet an eligibility requirement.

B. A child born during any period of time specified in subsection (A) is ineligible for CA for a 60-consecutive-calendar-month period.

C. An assistance unit may receive CA benefits for a child that would otherwise be excluded under subsection (A) if:

1. The child is born within 10 calendar months of an initial CA eligibility determination;

2. The parent has not received CA or supportive services for a minimum of 12 consecutive months, and the child is born:

a. No earlier than the 22nd month after the parent left CA, and

b. No later than the end of the 10th month after the parent returns to CA;

3. The child is the firstborn of a dependent child who is included in a CA or supportive services assistance unit; or

4. The child is born as a result of an act of sexual assault or incest and the applicant or recipient meets the following requirements:

a. The applicant or recipient shall file a written statement with the Department to certify that a child was conceived as a result of sexual assault or incest and shall provide supporting verification.

b. Acceptable verification includes:

i. Medical or law enforcement records in cases of sexual assault or incest, or

ii. Birth certificate or Bureau of Vital Statistics Records in cases of incest.

c. The Department shall accept the written statement of the applicant or recipient as verification of sexual assault or incest when the applicant or recipient is unable to provide evidence to support the claim of sexual assault or incest.

d. The FAA shall report allegations of sexual assault or incest to the Office of Special Investigations and, if the parent is a minor, to Child Protective Services. The Department shall not disclose the name, address, and any information concerning the sexual assault or incest to any person except those persons who require the information to investigate the allegations.

D. An assistance unit or family that includes a child who is ineligible due to the provisions of this Section may earn income up to the incremental benefit increase the assistance unit would otherwise receive for the ineligible child without any adverse affect on the amount of countable income that is used to determine income eligibility or the cash benefit amount. The Department shall disregard such income.

1. The disregard shall equal the difference between the benefit amount with the needs of the ineligible child included in the benefit computation and the benefit amount with the needs of the ineligible child excluded from the benefit computation.

2. The Department shall apply the disregard after all other earned income disregards specified at R6-12-703 are first deducted.

E. The Department shall not include a child who is ineligible for CA due to the provisions of this Section in the assistance unit's standard of need and shall not count the income and resources of the ineligible child available to the assistance unit.

F. A child who is ineligible for CA due solely to the provisions of this Section may receive the following services, if otherwise eligible:

AHCCCS,

2. JOBS,

3. Child care, and

4. Any other program or service for which CA recipients categorically qualify.

G. A parent or NPCR may receive CA for himself or herself when the only dependent child in the home is ineligible for assistance due to the provisions of this Section.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-309 Relationship

A. To qualify for CA, a dependent child shall reside with at least one of the following specified relatives:

1. A parent;

2. A stepmother, stepfather, stepbrother, or stepsister;

3. A person who is within the fifth degree of kinship to the dependent child, including: grandmother, grandfather, brother, sister, uncle, aunt, first cousin, nephew, niece, persons of preceding generations as denoted by prefixes "grand," "great," or "great-great," great-great-great grandparents, and first cousins once removed;

4. A spouse of any person named in the above groups, even if the marriage has been terminated by death;

5. A legal permanent guardian who is appointed pursuant to A.R.S. § 8-872; or

6. An unrelated adult only when the child is in the legal custody of the Department and placed in a foster home or with the unrelated adult.

B. The Department shall not determine a child or NPCR ineligible solely for any of the following reasons:

1. The dependent child is under the jurisdiction of a court;

2. An agency or individual unrelated to the child has legal custody of the child;

3. The dependent child, or the child's parent or NPCR, is temporarily absent from the child's home because:

a. The child is making a court-ordered visit to a non-custodial parent for a period not to exceed three consecutive months;

b. The child is visiting a parent who has a legal order awarding joint custody of the child, and the child resides with the parent who is part of the child's assistance unit for the entire calendar month;

c. The child is living in a Department-licensed shelter which does not receive funding under Title IV-A or IV-E of the Social Security Act, and the child is expected to return to the home within 30 days of issuance of the first benefit payment;

d. During the month for which benefits are sought, the child is entering or leaving foster care funded by other than Title IV-E of the Social Security Act;

e. The child is temporarily hospitalized;

f. The child is visiting friends or other relatives for a period not to exceed three consecutive months; or

g. The child is attending school but returns home at least once a year.

C. The Department shall verify the requisite degree of relationship between the child and the child's parent or NPCR.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-310 Deprivation

A. No child shall receive CA unless the child is deprived of parental support or care due to the continued absence, death, incapacity, or unemployment of the child's parent.

B. A child suffers deprivation by continued absence when the following 3 conditions are met:

1. The child's natural or adoptive parent is out of the home for a minimum of 30 continuous days;

2. The absence interrupts or terminates the parent's ability to provide maintenance, physical care, or guidance to the child; and

3. The duration of the absence prevents the child from relying on the absent parent for support or care.

C. When the conditions listed in subsection (B) are met, the situations listed in this subsection may constitute deprivation by continued absence.

1. A parent is absent due to involuntary hospitalization, incarceration, or deportation.

2. A parent is a convicted offender who is living in the home while serving a sentence of unpaid public or community service; however, such parent shall not be considered part of the assistance unit for computation of the grant. The Department shall consider the parent to be out of the home for the purpose of deprivation.

3. A single parent has adopted a child.

4. The child's mother and putative father both dispute paternity, and there is no documentation to substantiate paternity.

5. The parents have joint legal or physical custody of the child, but the child resides with 1 parent more than 50% of the time.

D. When a child satisfies the conditions set forth in subsection (B), the following circumstances shall not automatically preclude a finding of deprivation:

1. A stepparent, substitute parent, parental co-habitant, or person other than the child's parent resides in the child's home;

2. The child's home is considered unsuitable because of neglect, abuse, or exploitation;

3. The parent or NPCR refuses to cooperate with the Department regarding child support enforcement or collection activities;

4. The absent parent visits the child; or

5. The mother and father of the child have some form of on-going contact or relationship.

E. The circumstances listed in this subsection do not constitute deprivation by continued absence.

1. The parent is voluntarily absent to visit friends or relatives, to seek employment, to maintain a job, to attend school or training, so long as the parent in the home and the absent parent do not regard themselves as separated.

The parent is absent solely to serve active military duty.

3. The parents maintain separate dwellings but consider themselves part of a single home or family unit.

4. One parent is deliberately absent from home in order to qualify the remaining family members for benefits.

F. A child is deprived if either parent of the child is deceased and the child has not been adopted. The applicant or recipient shall provide the Department with documentation verifying a death.

G. A child is deprived if either parent has a physical or mental defect, illness, or impairment that:

1. Substantially decreases or eliminates the parent's ability to support or care for the child, and

2. Is expected to last for a minimum of 30 continuous days.

H. A child is deprived when the primary wage earning parent is unemployed if the assistance unit meets all the requirements set forth in R6-12-609.

History

  • 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.
Ariz. Admin. Code § R6-12-311 Assignment of Support Rights; Cooperation

A. To qualify for CA, an applicant shall assign to the Department all rights to a support obligation from any other person the applicant or recipient may have in his or her own behalf or in behalf of any other family member for whom the applicant or recipient is applying for or receiving CA, including any unpaid support obligation or support debt which has accrued at the time the assignment is made.

B. A refusal to execute such an assignment is a refusal to complete the application and shall result in denial of the CA application.

C. An applicant or recipient shall cooperate with the Department to obtain support owing to the applicant or recipient, unless there is good cause for noncooperation, as described in R6-12-312.

D. After being approved for CA, the recipient shall transmit all monetary support received to the Department.

E. At the time of the initial interview and at all review interviews, the Department shall explain:

1. The applicant's duty of cooperation,

2. Good cause and how to establish it,

3. The duty to send the Department any support the assistance unit members receive, and

4. The consequences for breach of the duties set forth in this Section.

F. Cooperation shall include the actions listed in this subsection.

1. Identifying and locating the parent of a child for whom CA is requested.

2. Establishing the paternity of a child born out-of-wedlock, for whom CA is requested.

a. The applicant shall sign and complete an affidavit of paternity.

b. The mother and father of a child may voluntarily acknowledge paternity in a signed, notarized statement.

3. Obtaining support payments, or other payments or property due the applicant or recipient for the benefit of the child.

4. Appearing at a child support enforcement office when requested, to provide oral or written information or documentary evidence known to, possessed by, or reasonably obtainable by the applicant or recipient.

5. Appearing as a witness at a judicial or administrative hearing or proceeding when requested.

6. Providing information, or attesting to the lack of information, when requested.

7. Paying to the Department any support payments received from the absent parent after the assignment of rights pursuant to subsection (A) has been made.

G. If the applicant or recipient fails to cooperate as required by subsection (F) without good cause, the Department shall impose the penalties provided under R6-12-316.

History

  • 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.
Ariz. Admin. Code § R6-12-312 Good Cause for Non-cooperation with Child Support Enforcement

A. An applicant or recipient may establish good cause for non-cooperation with the Department. Good cause shall exist when:

1. Cooperation is reasonably likely to result in physical or emotional harm to the dependent child, parent in the home, or the NPCR, based on the factors identified in subsection (B);

2. Legal proceedings for adoption of the dependent child are pending before a court;

3. A public or private adoption entity is counseling the applicant regarding release of the dependent child for adoption, and such counseling has occurred for less than 3 months; or

4. The dependent child was conceived as a result of incest or rape.

B. As used in subsection (A)(1):

1. Physical harm means an impairment of the human body of a serious nature.

Emotional harm means an impairment that substantially affects the individual's ability to function.

C. In determining whether emotional harm will result for the purpose of subsection (A)(1), the Department shall consider:

1. The emotional state and psychological history of the person likely to suffer emotional harm,

2. The degree of cooperation required,

3. The extent of the individual's involvement in any cooperative efforts, and

4. The intensity and probable duration of the emotional impairment.

D. An applicant or recipient shall provide evidence to verify good cause within 20 days of filing a claim of good cause, or upon approval of the application, whichever last occurs. If the applicant or recipient can establish difficulty in obtaining verification, the Department may extend this time limit for up to 30 days or longer.

E. Acceptable verification shall be documentation which establishes the claim of good cause by a preponderance of evidence and may include:

1. Birth certificate or Bureau of Vital Statistics Records in cases of incest;

2. Medical or law enforcement records in cases of sexual assault or incest;

3. Court records or other legal documents in cases of pending adoptions;

4. A written statement from a private or public adoption entity in cases of adoption counseling;

5. Court, medical, criminal, Child Protective Services, psychological, social services, or law enforcement records, in cases of physical or emotional harm; and

6. Sworn statements from friends, neighbors, clergy, or other persons with personal knowledge of circumstances that would substantiate a claim of good cause.

F. If the applicant or recipient is unable to provide the verification specified in subsection (E) above, the applicant or recipient shall furnish information which permits the Department's Office of Special Investigations to investigate the good cause circumstances.

G. The Department shall not deny, delay, or discontinue assistance pending a determination of good cause.

H. The Department shall determine whether or not good cause exists within 45 days from the date the applicant or recipient makes the good cause claim. The Department may extend this time limit if additional time is required to verify the claim.

I. If the Department finds that good cause does not exist, the applicant or recipient shall cooperate with the requirements of R6-12-311(F) within 10 days following the date the Department notifies the applicant or recipient of the good cause decision.

J. The Department shall redetermine a claim of good cause;

1. At each six-month review, and

2. When circumstances change such that good cause no longer exists.

History

  • 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.
Ariz. Admin. Code § R6-12-313 Participation in Jobs; Exemptions; Good Cause Exceptions

A. As a condition of eligibility, a recipient of CA shall participate in the Job Opportunities and Basic Skills Training Program (JOBS) as prescribed in A.A.C. R6-10-101 through R6-10-121, unless FAA determines that the person is exempt.

B. The following persons are exempt from participation:

1. A child who is under age 16, except for a custodial parent or pregnant girl age 13 through age 15 who lacks a high school diploma, or its equivalent, and is not enrolled in high school or an equivalent course of instruction;

2. A child who is age 16 or age 17, or age 18 if reasonably expected to complete school before reaching age 19, and a full-time student at an elementary, secondary, vocational or technical school, so long as the educational or training program was not assigned as a JOBS activity;

3. A person who is currently employed at least 30 hours per week in unsubsidized employment which pays at least the federal minimum wage and which is expected to last at least 30 days; any interruption in such employment shall not exceed 10 days; and

4. A Native American tribal member who resides in an area covered by a Tribal JOBS program.

C. Exempt status shall terminate when the condition giving rise to the exemption terminates.

D. If a person fails or refuses to participate in JOBS without good cause, the Department shall impose the penalties specified in R6-12-316.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, July 1, 2010 (Supp. 10-2).
  • The following Section was renumbered and 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.
Ariz. Admin. Code § R6-12-314 School Attendance

A. As used in R6-12-306(A)(2), full-time school attendance means:

1. For high school, attendance which the school defines as full time;

2. For a trade or technical school involving shop practice, 30 hours per week; and

3. For a trade or technical school involving no shop practice, 25 hours per week.

B. The Department shall verify school attendance through school records establishing full-time status and, for 18-year olds, expected date of graduation.

C. The Department shall require each parent or NPCR to verify either full-time school attendance by the child or full-time home schooling of the child when the parent or NPCR applies for or receives CA on behalf of a dependent child.

D. Acceptable verification shall include:

1. The parent or NPCR's written statement,

2. A statement from the school, or

3. A statement from the County Department of Education.

E. If a parent or NPCR fails to verify compliance with the school attendance requirements in this subsection, the Department shall impose the penalties specified in R6-12-316.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Former Section R6-12-314 renumbered to R7-12-307; new Section R7-12-314 renumbered from R7-12-307 and 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 renumbered and a new Section was adopted 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.
Ariz. Admin. Code § R6-12-315 Immunization

A. The Department shall require each parent or NPCR to verify that the child is immunized, when the parent or NPCR applies for or receives CA on behalf of a dependent child.

B. The Department shall require this verification at the initial interview and at each review. Acceptable verification shall include:

1. The parent or NPCR's written statement; or

2. A written statement from a physician, hospital, or clinic.

C. When the parent or NPCR is unable to verify the child's immunizations at the initial interview, the Department shall inform the parent or NPCR that verification of the child's immunization will be required at the next review.

D. When a parent or NPCR is unable to verify the child's immunization at the review, the Department shall impose the progressive sanction penalties as specified in R6-12-316.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Section R6-12-315 renumbered to R6-12-318; new Section R6-12-315 adopted 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 renumbered and a new Section was adopted 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.
Ariz. Admin. Code § R6-12-316 Sanctions for Noncompliance

A. The Department shall notify the assistance unit of benefit reduction or case closure when:

1. Benefits will be reduced or the case closed because of noncompliance with the requirements of R6-12-311, R6-12-312, R6-12-313(C), and R6-12-314; and

The assistance unit's benefits are not currently reduced because of sanctions.

B. The notice shall include the following information:

1. A brief statement of the progressive sanction policy as follows:

a. For the first sanction, the Department will reduce cash benefits by 25% for at least one month;

b. Unless all members are in compliance by the end of the sanction month, the Department will impose another sanction.

c. For the second sanction, the Department will reduce cash benefits by 50% for at least one month.

d. For the third and subsequent sanctions, the Department will close the case and it must remain closed for at least one month;

2. The month the sanction will be effective; and

3. The name and telephone number of the person to contact for information on what the noncompliant member must do to comply.

C. The Department shall impose the sanction effective for the first possible benefit month, allowing for 10-day notice of adverse action.

D. The Department shall not impose the above penalties on TPEP assistance units but shall follow the steps below:

1. The Department shall notify the TPEP assistance unit of benefit withholding or case closure when:

a. Benefits will be withheld or the case closed because of noncompliance with the requirements of R6-12-311, R6-12-312, R6-12-313(C), and R6-12-314; and

b. The assistance unit's benefits are not currently being withheld.

2. The Department shall notify the Assistance unit that:

a. The TPEP benefit checks will be withheld until the noncompliant person has completed a new work cycle in compliance;

b. The name and telephone number of the person to contact for information on how to comply;

c. That when three checks have been withheld in any six-month period, the Department will close the TPEP case.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Section R6-12-316 renumbered to R6-12-319; new Section R6-12-316 adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • The following new Section was renumbered and a new Section was adopted 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.
Ariz. Admin. Code § R6-12-317 Voluntary Quit/reduction in Work Effort

A. The Department shall disqualify the member of the assistance unit or the assistance unit as described in subsections (B) and (C) when a member of an assistance unit, or the parent of a dependent child whose income is considered available to the assistance unit, within 60 days prior to the date of the application or any time thereafter, voluntarily and without good cause:

1. Terminates employment from a job in which the individual was:

a. Employed at least 20 hours a week,

b. Earning weekly income equal to the then current minimum wage multiplied by 20;

2. Reduces the number of hours worked each week from 30 or more to less than 30; or

3. Participates in a strike against the government, when the member is an employee of the local, state, or federal government.

B. When the member is the PI of the assistance unit, the Department shall close the case. The assistance unit of which the member remains the PI is ineligible for CA benefits for the minimum period specified in subsection (D) or until the assistance unit reapplies, whichever is longer.

C. When the member is not the PI of the assistance unit, the Department in determining eligibility and benefit level for the assistance unit for the minimum period specified in subsection (D) or until the assistance unit reapplies, whichever is longer, shall:

1. Exclude the needs of the member; and

2. Include the otherwise countable income, resources, and expenses of the member.

D. The minimum disqualification periods are:

1. For the first offense, one month;

2. For the second offense, three months; and

3. For the third and subsequent offenses, six months.

E. The Voluntary Quit/Reduction in Work Effort disqualification provisions shall apply to all members of the assistance unit who are not exempt from JOBS participation, as provided in R6-12-313 . A member who is exempt from participation in JOBS because of employment is not exempt from the Voluntary Quit/Reduction of Work Effort provisions due to JOBS employment.

F. Good cause for voluntarily quitting a job or reducing the number of hours worked includes:

1. Circumstances beyond the member's control, such as illness of another assistance unit member requiring the presence of the member, unavailability of transportation, unanticipated emergency, unsuitability of work, or the lack of adequate child care for individuals responsible for the care of children under 12 years old;

2. The member's inability to write or speak English;

3. Discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin, or political beliefs;

Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule;

5. Resignation by a member under age 60 who is recognized by the employer as retired;

6. Employment which becomes unsuitable by not meeting the suitability of work criteria listed in subsection (F)(9) after the acceptance of employment;

Acceptance of new employment of comparable hours and salary to the job which was quit, which, through no fault of the member, subsequently:

a. Does not materialize,

b. Results in a lay off,

c. Results in employment of less than 20 hours a week, or

d. Results in weekly earnings of less than the federal minimum wage multiplied by 20 hours;

8. Leaving a job in connection with patterns of employment in which workers frequently move from one employer to another such as migrant farm labor or construction work;

9. Employment that is unsuitable. Employment is unsuitable when the following conditions apply:

a. The wage offered is less than the higher of:

i. The federal minimum wage or the training wage, when applicable, if the employment is covered by federal regulations; or

ii. Eighty percent of the federal minimum wage when the employment is not covered by federal regulations;

b. The employment offered is on a piece-rate basis, and the average hourly yield which the employee can reasonably be expected to earn is less than the applicable hourly wage as specified above;

c. As a condition of employment, the employee is required to join, resign from, or refrain from joining any legitimate labor organization;

d. The work offered is at a site subject to strike or lockout, unless the strike has been enjoined under the Taft-Hartley Act (Section 208 of the Labor Management Relations Act, (29 U.S.C. 178)) or an injunction issued under section 10 of the Railway Labor Act (45 U.S.C. 160). A striker who belongs to a union may not refuse work solely because the job offered is a nonunion job;

10. An employment opportunity is unsuitable when an individual can demonstrate, or the Department finds that:

a. The degree of risk to the individual's health and safety is unreasonable;

b. The individual is physically or mentally incapable of performing the assigned tasks of employment as documented by medical evidence or reliable information obtained from other sources;

c. The distance of employment from the member's place of residence is unreasonable, with respect to the expected wage and the time and cost of commuting;

i. Employment is unsuitable if the commuting time exceeds two hours per day, exclusive of time required to transport a child to and from a child care facility.

ii. Employment is unsuitable when the distance prohibits walking, and neither public nor private transportation is available.

d. The working hours or type of employment interferes with the individual's religious observances, convictions, or beliefs.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Section R6-12-317 renumbered to R6-12-320; new Section R6-12-317 adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • The following new Section was renumbered and 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.
Ariz. Admin. Code § R6-12-318 Duration of Assistance - 36-month Time Limit

A. The Department shall not authorize cash benefits for a needy family, except in case of hardship, when any of the following apply:

1. The needy family includes a head of household or the spouse of the head of household who has received 36 countable months of cash benefits in the Arizona CA program for himself or herself.

2. The needy family includes an ineligible parent or the spouse of the ineligible parent who has received 36 countable months of cash benefits in the Arizona CA program for an eligible dependent child.

3. The needy family includes an adult non-parent relative head of household or the spouse of the non-parent relative head of household who has received 36 countable months of cash benefits in the Arizona CA program for an eligible dependent child.

B. Time limited assistance shall not apply to a child only case.

C. The Department shall count each payment month, regardless of the source of funding for the program, until a limit of 36 countable months is reached. The 36 countable months are not required to be consecutive.

D. The Department shall begin counting the 36 months beginning with the first countable payment received in the Arizona CA program on or after October 1, 2002.

E. The Department shall not count the following months toward the 36-month time limit:

1. A month in which CA was received in a child only case;

2. A month in which CA was received by an assistance unit while residing on an Indian reservation that has a 50% or higher unemployment rate;

3. A month in which the CA payment amount was less than a full benefit month payment due to the date of an initial application;

4. A month in which the head of household or the spouse of the head of household or an ineligible parent or the spouse of the ineligible parent received CA as a minor child who was not the head of household or the spouse of the head of household;

5. Any month in which the assistance unit receives a payment in the CA Grant Diversion option. This includes each of the months for which the Grant Diversion payment is intended to cover;

6. Any month in which the assistance unit was totally ineligible for a cash benefit payment due to an overpayment of benefits that must be repaid to the Department;

F. Under no circumstances, except as provided in R6-12-319, shall the Department authorize CA beyond the federal 60-month time limit under R6-12-320.

History

  • New Section renumbered from R6-12-315 and amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • The following new Section was renumbered and 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.
Ariz. Admin. Code § R6-12-319 Extension of Time Limited Assistance

A. The Department shall authorize cash benefits to an assistance unit that is ineligible due to the time limited restrictions in R6-12-318 or R6-12-320 when:

1. An assistance unit or the caretaker relative head of household who receives CA only for an eligible dependent child, requests an extension due to hardship;

2. The assistance unit meets all financial and non-financial eligibility criteria; and

3. The assistance unit or the caretaker relative head of household verifies that at least one of the hardship reasons in this Section exists. The claimed hardship shall be valid only when the hardship circumstances prevent the adult assistance unit member, the minor parent head of household, the caretaker relative head of household, or the spouse of the caretaker relative head of household from working or engaging in work activities to a degree that such person is prevented from financially supporting the eligible dependent child in the assistance unit, independent of CA.

B. Hardship may exist in any of the following situations:

An adult assistance unit member, a minor parent head of household, the caretaker relative head of household, or the spouse of the caretaker relative head of household has a physical or mental impairment that is expected to continue for more than 30 days and that prevents that person from working or engaging in work activities.

2. An adult assistance unit member, a minor parent head of household, the caretaker relative head of household, or the spouse of the caretaker relative head of household is required to be a full-time caregiver, as verified by an acceptable medical source, and all of the following apply:

a. The caregiver is providing services to one of the following disabled family members:

i. A dependent child or a disabled adult child,

ii. A parent, or

iii. A spouse or domestic partner.

b. The caregiver does not receive respite care for more than 20 hours each week,

c. No other person is available to be the full-time caregiver to the disabled family member, and

d. The disabled family member does not attend school or vocational rehabilitation for more than 20 hours each week.

3. An assistance unit member or any member of the needy family is a victim of one of the following that prevents an adult assistance unit member, the minor parent head of household, a caretaker relative head of household, or the spouse of the caretaker relative head of household from working or engaging in work activities:

a. Violence,

b. Crime, or

c. Domestic violence.

4. The assistance unit or the needy family is homeless.

5. An adult assistance unit member, a minor parent head of household, the caretaker relative head of household, or the spouse of the caretaker relative head of household is participating full-time in one of the activities listed in subsection (B)(5)(a), is complying with the requirements listed in subsection (B)(5)(b), and is unable to complete the activity without continuing to receive CA.

a. Activities:

i. A postsecondary education program offered by a university, college, or community college, that will result in an associate's or bachelor's degree;

ii. A program offered by a vocational, technical, or recognized school that will result in a diploma or certificate for a job skill directly related to obtaining self-supporting employment in a recognized occupation;

iii. A job training or employment activity assigned by the JOBS Program as part of the member's employability plan.

b. Requirements:

i. The member must have started participation in the educational or training program prior to the member receiving 30 countable months of CA.

ii. The member shall demonstrate successful progress toward completion of the educational or training program. Successful progress includes meeting a reasonable time limit for completion of the educational or training program.

iii. The member shall consistently sustain a passing grade or acceptable grade point average, as determined by the educational or training program.

6. An adult assistance unit member, a minor parent head of household, the caretaker relative head of household, or the spouse of the caretaker relative head of household is prevented from working or engaging in work activities due to either of the following:

a. Childcare is unavailable or unaffordable, or

b. Transportation is not readily available or affordable.

7. The adult assistance unit member or the caretaker relative head of household is both of the following:

a. A non-parent caretaker relative to the minor dependent child receiving CA, and

b. Age 60 or older.

8. When the assistance unit or the caretaker relative head of household claims that hardship exists for a reason other than one contained in this Section, the Department shall assess the situation and determine whether the claim of hardship is valid based on verification provided by the assistance unit or the caretaker relative head of household and may grant an extension based on those circumstances.

History

  • New Section renumbered from R6-12-316 and amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • The following new Section was renumbered and 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.
Ariz. Admin. Code § R6-12-320 Duration of Assistance - Federal 60-month Time Limit

A. The Department shall not authorize cash benefits to the assistance unit when the head of household or the spouse of the head of household has received 60 countable months of cash benefits for himself or herself, funded in whole or in part by the Temporary Assistance for Needy Families block grant in Arizona or any other state or United States territory or from a tribal Temporary Assistance for Needy Families CA program, unless the assistance unit is eligible for a hardship extension under R6-12-319.

B. The Department shall count each payment month until a limit of 60 months is reached. The 60 countable months are not required to be consecutive.

C. The Department shall begin counting the 60 months beginning with the first payment received on or after October 1, 2002.

D. The Department shall not include the following months toward the 60-month time limit:

1. Any month before October 1, 2002 in which the recipient received CA in Arizona or in any other state;

2. Any month before October 1, 2002, in which the recipient received CA in a tribal TANF program in any state other than Arizona;

3. Any month before October 1, 2002, in which the recipient received CA in an Arizona tribal TANF program when that month was not countable toward the 60-month time limit in that tribal TANF program;

4. Any month in which the recipient resides on an Indian reservation that has a 50% or higher unemployment rate based on the Bureau of Indian Affairs (B.I.A.) Market Information Report;

5. A month when the assistance unit is eligible but receives no CA payment because the benefit is less than $10;

6. A month when the assistance unit is ineligible due to an overpayment;

7. Any month in which the assistance unit receives a payment in the Grant Diversion option. This includes each of the months for which the Grant Diversion payment is intended to cover.

History

  • New Section renumbered from R6-12-317 and amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section repealed; new Section made by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-321 Hardship Verification Requirements

A. Hardship due to a physical or mental impairment.

1. An adult assistance unit member, a minor parent head of household, the caretaker relative head of household, or the spouse of the caretaker relative head of household that claims hardship as specified in R6-12-319(B)(1) shall provide one of the following items:

a. A signed statement from a treatment provider or acceptable medical source;

b. Disability verification from the Veterans Administration;

c. Vocational Rehabilitation documents, examinations, or evaluations signed by a treatment provider.

2. The verification items specified in subsection (A)(1) shall include all of the following information:

a. A statement indicating that the individual's physical or mental condition prevents working or engaging in work activities,

b. The duration of the disability,

c. A prognosis of recovery, and

d. The signature of the treatment provider or acceptable medical source.

3. When the assistance unit member is a current JOBS program participant whose participation is deferred due to disability, no further verification of disability is required.

B. Hardship due to being a full-time caregiver.

1. An adult assistance unit member, a minor parent head of household, the caretaker relative head of household, or the spouse of the caretaker relative head of household who claims hardship as specified in R6-12-319(B)(2) shall provide a signed statement from a treatment provider, verifying the member is needed as a full-time caregiver of their disabled child, parent, spouse, or domestic partner.

2. An adult assistance unit member, minor parent head of household, caretaker relative head of household, or spouse of the caretaker relative head of household who receives respite care services shall provide verification of these services from the respite care provider. The verification shall indicate the number of hours per week that the person receives these services.

3. When a disabled individual is attending school, the individual shall provide verification from the school or vocational rehabilitation program of the number of hours per week the individual is in attendance.

C. Hardship due to violence, crime, or domestic violence.

1. An adult assistance unit member, a minor parent head of household, the caretaker relative head of household, or the spouse of the caretaker relative head of household who claims hardship as specified in R6-12-319(B)(3) shall provide verification from at least one of the following sources:

a. Court records;

b. Police reports;

c. Law Enforcement records;

d. Restraining Orders or Orders of Protection against the perpetrator or abuser;

e. Statements by attorneys or other legal professionals providing services to the victim of abuse or violence;

f. Child Protective Services records;

g. Written statements by medical professionals including physicians, psychologists, psychiatrists, counselors, or other treatment providers;

h. Written statements by domestic violence shelter staff;

i. Statements by clergy;

j. Statements by a third person with knowledge of the abuse or violence, such as a friend or relative to whom the member or assistance unit has fled to escape or avoid abuse or violence;

k. Receipt of Victims of Crime Act (VCA) benefits.

2. Any other evidence that supports the claim that the assistance unit member or family member is a victim of abuse or violence.

3. When the assistance unit member is a current JOBS program participant and is deferred from participating due to domestic violence, no further verification is required.

D. Hardship due to Homelessness. An adult assistance unit member, a minor parent head of household, or the caretaker relative head of household who claims hardship as specified in R6-12-319(B)(4) shall provide verification from at least one of the following sources:

1. A written statement by staff at a shelter, halfway house, or similar facility that provides temporary residence to homeless individuals or families verifying that the assistance unit, minor parent head of household, or caretaker relative head of household is a resident of the facility;

2. A written statement by the assistance unit member, minor parent head of household, or caretaker relative head of household that includes a description of where the household is residing when it does not have a fixed or regular nighttime residence;

3. A written statement by the assistance unit member, minor parent head of household, or caretaker relative head of household when the household is temporarily living with others. The statement must indicate that the residential situation is temporary and the date the assistance unit, minor parent head of household, or caretaker relative head of household expects to have its own residence;

4. Any other verification that reasonably supports the assistance unit member's, minor parent head of household's, or caretaker relative's head of household's claim of homelessness.

E. Hardship due to Educational or Training Program Completion. An adult assistance unit member, minor parent head of household, caretaker relative head of household, or spouse of a caretaker relative head of household who claims hardship as specified in R6-12-319(B)(5) shall provide the following verification:

1. A statement from the educational or training program that includes the following:

a. The enrollment status of the individual,

b. The date that the individual began participation in the program and the anticipated completion date, and

c. Verification that the individual is making satisfactory progress toward completion of the program.

2. A statement from the assistance unit member or caretaker relative head of household that explains the need for additional CA benefits in order for the individual to successfully complete the Educational or Training program.

F. Hardship due to Childcare or Transportation being Unavailable or Unaffordable.

1. An adult assistance unit member, a minor parent head of household, the caretaker relative head of household, or the spouse of the caretaker relative head of household who claims hardship as specified in R6-12-319(B)(6)(a) shall provide the following items:

a. A statement by the assistance unit member or caretaker relative head of household explaining the reasons the individual has been unable to find or afford childcare, including the availability of affordable childcare in their area; and

b. Documents that demonstrate the individual's efforts to find or afford childcare.

2. An adult assistance unit member, a minor parent head of household, the caretaker relative head of household or the spouse of the caretaker relative head of household who claims hardship as specified in R6-12-319(B)(6)(b) shall provide a statement explaining the reasons that transportation is not readily available or affordable, including the availability of affordable public and private transportation in their area.

G. Hardship due to other reasons. An adult assistance unit member, a minor parent head of household, the caretaker relative head of household or the spouse of the caretaker relative head of household who claims hardship as specified in R6-12-319(B)(8) shall provide a statement that explains the hardship circumstance and the need for additional CA benefits. The individual shall provide any documentary verification of the hardship circumstance that is requested by the Department in order to determine the need for additional CA benefits.

History

  • New Section made by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).

Article 4 FINANCIAL ELIGIBILITY: RESOURCES

Ariz. Admin. Code § R6-12-401 Treatment of Resources; Limitations

A. In determining eligibility for a cash benefit, the Department shall include all resources available to the assistance unit, unless excluded by applicable law.

B. An assistance unit is ineligible for CA for any month in which the unit's resources exceed $2,000, after application of all available exclusions.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-402 Treatment of Resources by Ownership Status; Availability

A. The Department shall consider the resources belonging to an assistance unit member available to the assistance unit.

B. The Department shall consider the resources of the following individuals available to the assistance unit:

1. A dependent child's parent and minor sibling, when residing with a dependent child in an assistance unit, even when the parent or minor sibling:

a. Has not requested CA;

b. Is ineligible for CA for failure to comply with an eligibility requirement; or

c. Is ineligible for CA due to disqualification for Intentional Program Violation, as provided in Article 12;

2. A stepparent, when residing with a dependent child in an assistance unit and the dependent child's parent, who makes resources available to the assistance unit or the dependent child's parent.

C. The Department shall consider the resources belonging to the sponsor of a noncitizen, as provided in R6-12-506, available to the assistance unit.

D. The Department shall consider the resources of the persons listed in this subsection unavailable to the assistance unit.

1. A non-parent relative who is not included in the assistance unit;

2. An SSI recipient, as to resources held as sole and separate property, or counted in the determination of SSI eligibility;

3. A dependent child for whom deprivation does not exist;

4. A dependent child who is not included in the assistance unit due to receipt of adoption assistance or foster care payments under Title IV-E of the Social Security Act or who is ineligible for CA due to the family benefit cap.

E. The Department shall consider ownership in determining availability of the resources to the assistance unit.

1. The sole and separate property of one spouse is deemed unavailable to the other spouse, unless the owner spouse makes the property available to the other spouse.

2. Jointly owned resources, with ownership records containing the words "and" or "and/or" between the owners' names, are deemed available when all owners can be located and consent to disposal of the resource, except that such consent is not required if all owners are members of the assistance unit.

3. Jointly owned resources, with ownership records containing the word "or" between the owners' names, are deemed available in full to each owner. When more than one owner is a member of an assistance unit, the equity value of the resource is counted only once.

F. The Department shall consider the following resources unavailable to the assistance unit and to any other person whose resources are considered available to the assistance unit:

1. Property subject to a spendthrift restriction. Such property may include:

a. Irrevocable trust funds that are prohibited by a court from being disbursed to the beneficiary who is an assistance unit member or to any other person whose resources are considered available to the assistance unit. When such funds may be disbursed by court order, the beneficiary or appropriate assistance unit member shall petition the court for disbursement of the funds;

b. Accounts established by the Social Security Administration, Veteran's Administration, or some other entity, which mandate that the funds in the account be used for the benefit of a person not residing with the assistance unit.

2. Resources being disputed in divorce proceedings or in probate matters.

3. Real property situated on a Native American reservation.

4. Resources belonging to a member of the needy family except as to those family members listed in subsections (A), (B), and (C).

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-403 Treatment of Resources; Exclusions

The Department shall exclude the equity value of the resources listed below, as provided in this Section. These resource exclusions shall also apply to a person whose resources are considered available to an assistance unit.

1. The usual residence of the assistance unit members;

2. One burial plot for each member of the assistance unit;

3. Household furnishings used by the assistance unit members in their usual place of residence, and personal effects essential to day-to-day living;

4. Up to $1500 of the value of one bona fide funeral agreement, for each member of the assistance unit. The funeral agreement or burial plan must cover only funeral-related expenses, as evidenced by a written contract;

5. The value of all motor vehicles, including recreational vehicles.

6. When an assistance unit member owns real property, other than the usual residence described in subsection (A)(1) above, and is making a good faith effort to dispose of it, the equity value shall be excluded for six months, subject to the conditions listed in this subsection;

a. The assistance unit member shall sign an agreement to:

i. Dispose of the property; and

ii. Repay the Department, from the net proceeds of disposal, the amount of any assistance the unit receives during the period of time the unit would otherwise have been ineligible because the property value exceeded resource limitations;

b. The amount repaid shall not exceed the net proceeds of disposal;

c. If the assistance unit member does not dispose of the property within six months, the Department shall write an overpayment and the assistance unit shall repay any assistance received during that period;

7. A financial account that is used only for a self-employment business;

Funds in the following types of retirement accounts or retirement plans, established by employers in accordance with federal Internal Revenue Services regulations:

a. A 401A or 401K plan,

b. A 457 or 457(b) plan,

c. A Federal Employees Thrift Savings Plan,

d. An Irrevocable Annuity plan,

e. A KEOGH plan that involves a contract with a person who is not an assistance unit member,

f. A Section 403(a) or 403(b) plan,

g. A Section 408 or 408A plan,

h. A Section 501(c)(18) or 501(g)(18) plan;

Funds in the following educational savings accounts operated by a state or educational institution in accordance with federal Internal Revenue Services regulations:

a. A 529 account,

b. A 530 account;

10. Educational grants issued under programs administered by the U.S. Commissioner of Education, when the assistance is made available for school attendance costs, including the following:

a. BEOG\PELL, SEOG and NDSL grants;

b. Work Study programs;

c. Assistance provided by the Carl D. Perkins Vocational and Applied Technology Education Act;

11. Any grant, scholarship, educational loan, or other award that is not administered by the U.S. Commissioner of Education, when such assistance covers the costs of items not included in the CA need standard;

12. The cash value of a grazing permit issued by a tribal or other governmental authority, when the land used for the grazing permit is adjoining a permit holder's homestead;

13. Any amount up to $2000 received from the following American Indian claims or funds:

a. Alaska Native Claims Settlement Act payments received under the Sac and Fox Indian claims agreement as specified in Public Law 92-203, Section 21 (a);

b. Per capita payments from judgment funds awarded by the Indian Claims Commission of the U.S. Court of Federal Claims as specified in Public Law 97-458 for the Colorado River Indians;

c. Individual Indian's interests in trust or restricted lands and payments from these interests as specified in Public Law 103-66. Interests include the Indian's right to or legal share of the trust or restricted land and any income accrued;

d. The Indian Gaming Industry per capita disbursement funds placed in an inaccessible trust by the tribe as specified in Public Law 98-64;

e. Payments made to members of Indian tribes in settlement for land as specified in Public Law 100-580;

14. Money loaned to the assistance unit from any source and for any purpose;

15. Funds received from the Navajo Nation Needy Children's Fund;

16. Payments made by the Federal Emergency Management Agency (FEMA) or Federal Disaster Relief Act for any of the following:

a. Federal major disaster;

b. Natural catastrophe;

c. Emergency assistance;

d. Comparable disaster assistance provided by states, local governments, and disaster assistance organizations;

17. When self-employment from farming is terminated, farm property, including land, equipment and supplies shall be excluded as a resource for 12 months. This period of exclusion begins on the date the self employment from farming stops;

18. Funds available from sources of excluded income contained in R6-12-503(8), (13), (15), (22), (38), (39), (40), (41), (42), and (43);

19. Any other resource specifically excluded by state or federal law.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-404 Individual Development Accounts

A. An individual development account (IDA) is a special savings account which allows a recipient of both CA and Food Stamp Program benefits to accumulate funds to achieve educational or training goals.

B. Financial institutions licensed by the Arizona State Banking Department shall administer IDAs.

1. IDAs shall earn the same interest rate as is offered to other bank customers for like accounts.

2. A financial institution may prescribe such terms and conditions relating to IDAs as are permissible under the laws of this state and federal banking law.

C. A member of an assistance unit that receives both CA and food stamp benefits may establish an IDA.

1. No assistance unit shall hold more than 1 IDA.

2. A person found to have committed an intentional program violation or fraud related to the CA, food stamp, or AHCCCS programs shall not hold an IDA.

D. An assistance unit member who establishes an IDA shall sign a document authorizing the financial institution to release account information to the Department.

E. The following persons can make deposits into an IDA:

1. The account holder;

2. A member of the account holder's assistance unit;

3. A person who is not a member of the account holder's assistance unit; or

4. A non-profit organization with a recognized tax exempt status under 26 U.S.C. 501(c)(3) or A.R.S. § 43-1201. A non-profit organization making deposits into an IDA:

a. Shall designate that such funds are intended solely for educational or training purposes, and

b. May set other terms and conditions regarding the withdrawal or use of the funds.

F. An applicant for assistance shall not place countable income or resources into an IDA for the purpose of qualifying for CA or Food Stamp Program benefits. Any money so deposited counts as a resource.

G. The Department shall exclude from the resource limitation set forth at R6-12-401(B) the balance held in an IDA which at any 1 time is $9,000 or less, except that any cumulative deposits over the life of an IDA which exceed $12,000 shall count against the resource limitation.

H. The Department shall disregard as countable income:

1. Fifty percent of any earned income of the assistance unit which is deposited into an IDA, except that the Department shall not disregard more than $100 per month of earned income; and

2. All interest earned on an IDA.

I. An assistance unit which holds an IDA shall:

Report to the Department all income which is deposited into an IDA or withdrawn from an IDA; and

2. Submit account statements to the Department at each eligibility redetermination.

J. A recipient of both CA and food stamp benefits may withdraw funds from an IDA for:

1. Educational costs at an accredited institution of higher education; or

2. Training costs for an accredited, licensed, or certified training program.

K. As used in subsection (J), above:

1. Educational and training costs are limited to:

a. Tuition and other mandatory fees charged to all students, or to all students within a certain curriculum;

b. Books;

c. Transportation; and

d. Miscellaneous personal expenses necessary to pursue education or training.

2. An institution of higher education means a public or private educational institution defined at A.R.S. § 23-618.02.

3. A training program means a course of study offered by a vocational, technical, or recognized proprietary school which will result in a diploma or certificate for a job skill which is directly related to obtaining useful employment in a recognized occupation.

L. Withdrawals from an IDA for purposes other than those described in subsection (K) shall count as income to the assistance unit in the month of withdrawal, unless the money was previously counted as income to the assistance unit at the time of receipt.

M. If there is a break in CA or food stamp benefits of at least 1 full month, upon reapplication the Department shall consider any remaining monies in an IDA as countable resources and shall not disregard any future deposits into an IDA.

N. The Department's Office of Special Investigations shall investigate allegations of fraud or abuse involving IDAs, including situations where there is evidence or reason to believe that a deposit to an IDA was made from:

1. Income which was available to the assistance unit but was not reported to the Department;

2. Individual contributions which should have been counted as income or child support; or

3. Proceeds from illegal activities.

O. The Department shall not disregard as income or resources any deposit made into an IDA from income sources described in subsection (N), or any deposit which is otherwise contrary to the provisions of this Section. The Department shall establish any resulting overpayment.

History

  • 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.
Ariz. Admin. Code § R6-12-405 Resource Transfers; Limitations

A. An assistance unit member or the parent of a dependent child in the assistance unit shall not transfer a resource with the intent to qualify or attempt to qualify for CA within one year prior to application or while receiving assistance, unless fair consideration was received.

B. Except as otherwise provided in this Section, when an assistance unit member or the parent of a dependent child in the assistance unit does not receive fair consideration for a transferred resource (an improper transfer), the assistance unit shall be ineligible for CA.

1. The period of ineligibility shall begin in the month in which the transaction occurred.

2. The Department shall compute the duration of ineligibility by subtracting the consideration actually received, from the equity value of the transferred resource, and dividing that sum by the monthly need standard for the assistance unit. The resulting number shall be the number of months the unit is ineligible.

C. An improper transfer shall not affect eligibility when the equity value of the transferred resource, plus the value of the unit's other available resources, does not exceed the resource limitation.

D. The improper transfer of homestead property shall not affect eligibility if the property was transferred because the person cannot continue residing in the home for health reasons, as determined by a competent medical authority.

E. If an assistance unit member or the parent of a dependent child in the assistance unit disposes of homestead property, the Department shall count, as a resource, all proceeds of the sale not reinvested in homestead property, when the assistance unit member:

1. Invests the proceeds in a resource other than homestead property,

2. Advises the Department that such proceeds will not be reinvested in other homestead property, or

3. Fails to purchase new homestead property within 90 days of the date of sale.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-406 Resource Verification

The Department shall verify all resources before determining an assistance unit's eligibility for a cash grant and benefit amount.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).

Article 5 FINANCIAL ELIGIBILITY: INCOME

Ariz. Admin. Code § R6-12-501 Treatment of Income; in General

A. In determining the income eligibility of the family and benefit amount for the assistance unit, the Department shall treat all income in accordance with the provisions of this Article.

B. "Gross income" shall include the following, when actually received by the family in order to determine whether the family is needy, or by the assistance unit in order to determine a cash benefit amount:

1. Earned income from public or private employment, including in-kind income, before deductions;

2. For self-employed persons, the sum of gross business receipts minus business expenses; and

3. Unearned income, such as benefits or assistance grants, minus any deductions to repay prior overpayments or attorneys' fees.

4. Minus those types of income excluded under R6-12-503 .

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-502 Income Available to the Assistance Unit

A. The Department shall consider the income of an assistance unit member available to the assistance unit for the purpose of determining a cash benefit amount.

B. The Department shall consider the income of a parent and minor sibling of a dependent child in an assistance unit as available to the assistance unit for the purpose of determining a cash benefit amount when those persons reside with the dependent child. The income shall be considered available even when the parent or minor sibling:

1. Has not requested CA;

2. Is ineligible for CA for failure to comply with an eligibility requirement; or

3. Is ineligible for CA due to disqualification for Intentional Program Violation, as provided in Article 12;

C. The Department shall consider the income belonging to the sponsor of a noncitizen, as provided in R6-12-506, available to the assistance unit for the purpose of determining a cash benefit amount.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-503 Income Exclusions

The Department shall not count the types of income listed in this Section when determining the income of a family and the income of an assistance unit. These income exclusions shall also apply to a parent or minor sibling of a dependent child in an assistance unit when the parent or minor sibling resides with the assistance unit but is not an assistance unit member, and the income type listed in this Section belongs to the parent or minor sibling.

1. Loans;

2. The following types of assistance provided for educational purposes:

a. Bureau of Indian Affairs (B.I.A.) Allowances for Educational Expenses paid to the participant from Title XIII that directly relates to school expenses;

b. Grants, scholarships, and loans, as provided by Title IV or Title XIII of the Higher Education Act;

c. Guaranteed loans, and other loans, not funded by the Title IV or Title XIII of the Higher Education Act;

d. Student loans (SGL) that are funded solely by a state and are not federally guaranteed;

e. Income paid to the member as a Tribal Loan for educational purposes under Title XIII of the Indian Higher Education Program;

f. The Montgomery GI bill Chapter 30 and other income paid to the member by the Veteran's Administration for educational purposes;

g. Educational income (earnings and living allowances) from Workforce Investment Act related Summer Component Programs and Job Corps;

h. Earnings received from participation in college work study programs funded by Title IV of the Higher Education Act or Title XIII of the Indian Higher Education Program.

3. Income tax refunds, including any earned income tax credit;

4. Non-recurring cash gifts which do not exceed $30, per person in any calendar quarter;

5. Cash contributions from other agencies or organizations so long as the contributions are not intended to cover items which CA is intended to cover, specifically:

a. Food;

b. Shelter, including only rent or mortgage payments;

c. Utilities;

d. Household supplies, including bedding, towels, laundry, cleaning, and paper supplies;

e. Public transportation fares for personal use;

f. Basic clothing or diapers; or

g. Personal care and hygiene items, such as soap, toothpaste, shaving cream, and deodorant;

6. The face value of Nutrition Assistance benefits;

7. The value of governmental rent and housing subsidies;

8. The value of energy assistance that is provided:

a. Either in cash or in kind by a government agency or municipal utility, or

b. In kind by a private non-profit organization;

9. Vendor payments;

10. Vocational rehabilitation program payments made as reimbursements for training-related expenses, subsistence and maintenance allowances, and incentive payments which are not intended as wages;

11. All income, both earned and unearned, received from programs and services authorized by the Workforce Investment Act, including earnings received from on-the-job training programs;

Reimbursements for JOBS Program training-related expenses, including Fair Labor Standards Act supplements and Unpaid Work Experience supplements;

13. Payments from any fund established in connection with settling liability claims concerning Agent Orange death or disabilities as specified in Public Law 101-102;

14. Burial benefits which are dispersed solely for burial expenses;

Disaster assistance provided by the Federal Disaster Relief Act, or comparable assistance provided by state or local governments, or disaster assistance organizations;

16. Foster care payments;

17. Radiation exposure compensation payments;

18. Income received from VISTA which does not exceed the state or federal minimum wage;

19. Benefits from the Special Supplemental Food Program for Women, Infants, and Children (WIC);

20. Reimbursements for work-related expenses that do not exceed the actual expense amount;

21. Earned income of minor family members and dependent children who are students enrolled and attending school at least halftime as defined by the institution;

22. Income received from the Americorp Network Program;

23. Earned Income Tax Credit payments received as a monthly advance with the member's regular wages;

24. Child care payments made to a member as a result of Title IV-A of the Social Security Act, when the payment is a reimbursement. The exclusion applies even when the payment exceeds actual child care expenses as specified in Public Law 100-485;

25. Payments from the Child Care Food Program made to a member who is self-employed as a child care provider;

26. The earned or unearned income of an SSI recipient;

27. Subsidy payments provided by the Department's Guardianship Subsidy Program for children who are placed in the care of a Legal Permanent Guardian;

28. Adoption Subsidy payments made by a federal, state, or local governmental entity;

29. Dividends, interest, and royalty payments left on deposit or converted into additional securities;

30. Federal Relocation Assistance payments made to a member to relocate because their property was acquired by a federal or federally assisted program;

Stipends received by grandparents in the Foster Grandparent Program for past or future expenses;

32. Money given to the family or the assistance unit from a roommate for rent or other shelter expenses that does not exceed the family's or assistance unit's rent or shelter expense obligation;

33. Allowances, income, and reimbursements received in the Summer Component Program;

34. The amount designated as attorney fees that is deducted from a member's Workman's Compensation payment;

35. 50% of earned income, up to a maximum of $100, deposited into an Individual Development Account (IDA) per month;

36. Combat zone pay received while serving in the military in a combat zone;

37. Income received while participating in a program authorized by Title I and II of the Domestic Volunteer Services Act of 1973 including the following:

a. University Year for Action,

b. Urban Crime Prevention Program,

c. Retired Senior Volunteer Program,

d. Foster Grandparents Program,

e. Senior Companion Program;

Funds made available to a member on a gift card;

39. A one-time reimbursement of up to $300 and any monthly payments provided by the Department's Grandparent Kinship Care Support Service program and disbursed by an Area Council on Aging contracted service provider;

40. Hemophilia Relief Fund Settlement payments made to hemophiliacs infected with HIV as a result of class action lawsuits;

41. TANF Survey Incentive Payments made by Mathematica, Inc. or other consulting firms as an incentive for participating in a survey to collect statistical information;

42. Funds received from a Public Housing Authority and deposited in a Public Housing Family Self Sufficiency (FSS) escrow account, and any of these funds received prior to completion of the FSS program;

43. Payments made directly to a member to fund an account for the fulfillment of a Plan for Achieving Self Support (PASS) under Title XVI of the Social Security Act;

44. Any other income specifically excluded by applicable state or federal law.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-504 Special Income Provisions: Child Support, Alimony, or Spousal Maintenance

A. The Department shall count child support, alimony, or spousal maintenance, received by a member of the family or the assistance unit or a parent or minor sibling of a dependent child in an assistance unit, before the initial eligibility determination date, as income in the month received.

B. After the eligibility determination date, and if the application is approved, the Department shall count current child support, alimony, or spousal maintenance received on behalf of an assistance unit member as income to determine the cash benefit amount, when the following conditions are met:

1. Current child support, alimony, or spousal maintenance is received by the Department's Division of Child Support Enforcement (DCSE), on behalf of an assistance unit member, a person whose income is considered available to the assistance unit, or a private collection agency; and

DCSE has passed the support money on to the assistance unit or a person whose income is considered available to the assistance unit.

C. After the eligibility approval date, if an assistance unit member or a parent or minor sibling whose income is considered available to the assistance unit receives child support, alimony, spousal maintenance, or medical support after assigning to the Department the right to such support, and the member fails to turn over the support to the Department, the Department shall:

1. Count the support received by the assistance unit, as provided above in subsection (A); and

2. Sanction the assistance unit as provided in R6-12-316 .

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-505 Special Income Provisions: Nonrecurring Lump Sum Income

When an assistance unit member or a person whose income is considered available to the assistance unit receives a nonrecurring lump sum payment, the Department shall consider the lump sum payment as a resource in accordance with Article 4.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-506 Special Income Provisions: Sponsored Noncitizens

A. For purposes of determining whether a sponsor's income and resources shall be used when determining the countable income for an assistance unit that includes a sponsored noncitizen member or for a sponsored noncitizen person whose income is considered available to the assistance unit, the following requirements apply:

1. The sponsored noncitizen member shall:

a. Be a Lawful Permanent Resident who meets the eligible noncitizen criteria; and

b. Have applied for or been granted Lawful Permanent Resident status on or after December 19, 1997.

2. The sponsor shall:

a. Be an individual and not an organization or group; and

b. Have signed an Affidavit of Support (United States Citizen and Immigration Services Form I-864 or I-864A) on behalf of the sponsored noncitizen member on or after December 19, 1997.

3. When the sponsor's spouse resides with the sponsor, and has also signed the Affidavit of Support (United States Citizen and Immigration Services Form I-864 or I-864A) on behalf of the sponsored noncitizen member on or after December 19, 1997, the income and resources of the spouse shall also be included for any purpose in this Chapter that requires the income and resources of the sponsor.

B. The assistance unit shall be exempt from the sponsor income and resource deeming requirement when any of the following apply:

1. The sponsored noncitizen is credited with at least 40 countable quarters of employment as provided in 8 U.S.C. 1183(a).

2. The sponsored noncitizen is a victim of domestic violence or extreme cruelty by a member of the family.

3. The sponsored noncitizen is a victim of a severe form of trafficking.

4. The sponsored noncitizen becomes a naturalized United States citizen.

5. The sponsored noncitizen is age 17 or younger.

6. The sponsor is deceased.

C. When the assistance unit is not exempt from the sponsor income and resource deeming requirement, the Department shall determine whether the assistance unit is indigent. To determine indigent status, the Department shall determine the countable income of the assistance unit and a cash grant.

1. When determining the amount of unearned income that shall be included in its calculation, the Department shall include:

a. The actual amount of cash contributions received from the sponsor;

b. The cash value of food, clothing, shelter, and utilities provided by the sponsor; and

c. The cash value of vendor payments made by the sponsor.

2. When the countable income is at least 1¢ less than 36% of the 1992 federal poverty level for the assistance unit size, the assistance unit is considered indigent.

3. When the assistance unit is determined to be indigent, the sponsor's income and resource deeming requirement shall not apply. The Department shall use only the actual amount of cash contributions received from the sponsor as countable income available to the assistance unit when determining a cash grant amount.

D. When the assistance unit is not exempt from the sponsor income and resource deeming requirement and is not indigent, the Department shall count the income of the sponsor as follows:

1. Determine the countable gross monthly income of the sponsor:

a. Calculate a monthly gross earned income amount and deduct 20 percent from that amount,

b. Calculate a monthly gross unearned income amount, and

c. Add the amounts in subsections (D)(1)(a) and (b).

2. Calculate the number of persons living in the home who the sponsor claims or could claim as a dependent for federal income tax purposes, including the sponsor and the spouse of the sponsor.

3. Deduct an amount equal to 100% of the federal poverty level adjusted for the family size in subsection (D)(2) from the countable gross monthly income calculated in subsection (D)(1)(c).

4. When the sponsor has signed more than one Affidavit of Support (United States Citizen and Immigration Services Form I-864 or I-864A) forms, divide the amount calculated in subsections(D)(1) through (3) by the number of I-864 or I-864A forms that have been signed by the sponsor.

After deducting the amount prescribed in subsection (D)(3) from the gross income calculated in subsection (D)(1)(c) and dividing that amount by the number of Affidavits of Support executed by the sponsor, the Department shall include the remaining income amount as countable unearned income available to the assistance unit.

E. When the assistance unit is not exempt from the sponsor income and resource deeming requirement and is not indigent, the Department shall consider the resources of the sponsor as available to the assistance unit. When calculating the value of the sponsor's resources, the Department shall:

1. Apply all rules and procedures to the sponsor's resources in the same manner as is applied to the assistance unit, and

2. Deduct $1500 from the calculated value of the sponsor's resources. The resulting amount shall be added to the value of the assistance unit's resources when determining whether the assistance unit meets the resource limitations.

F. When an assistance unit includes both a sponsored noncitizen and other members, and the provisions of this Section render the assistance unit ineligible, the Department shall:

1. Disqualify the sponsored noncitizen and determine eligibility of the other members of the assistance unit without considering the income and resources of the sponsor, and

2. Compute a cash benefit amount with the needs of the sponsored noncitizen member excluded from the computation.

G. Verification and Cooperation

1. The Department shall assist the assistance unit in obtaining any verification of the sponsor's income, resources, or other information.

When the sponsor verification is not obtainable, the Department shall exempt the assistance unit from the sponsor income and resource deeming requirement and complete the eligibility determination.

3. When the assistance unit refuses to provide information needed to determine the income and resources of the sponsor:

a. All sponsored noncitizens in the assistance unit shall be ineligible for assistance.

b. The other members of the assistance unit may be eligible if they meet all other eligibility factors.

H. In addition to the change reporting requirements contained in Article 8 of this Chapter, the assistance unit shall be required to report the following:

1. A change in sponsor or a change in the residence of the sponsor's spouse when the spouse is no longer residing with the sponsor.

2. A change in the employment of the sponsor.

3. The death of the sponsor.

I. Overpayments. The sponsor and the noncitizen are jointly liable for any overpayment caused by the provision of incorrect or incomplete information, unless the sponsor had good cause that would make the noncitizen solely liable. Good cause includes:

1. The Department failed to inform the assistance unit or the sponsor that the information was necessary, or

2. Extenuating personal circumstances prevented the sponsor from providing necessary information.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Former R6-12-506 renumbered to R6-12-507; new Section made by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-507 Determining Monthly Income

A. For each family and assistance unit, the Department shall calculate monthly income using the methods described in R6-12-508.

B. The projected income shall include income that the family and assistance unit, or a person whose income is considered available to the assistance unit, has received and reasonably expects to receive in a benefit month, and shall be based on the Department's reasonable expectation and knowledge of the current, past, and future circumstances of the family, assistance unit, or person whose income is considered available to the assistance unit.

C. The Department shall include in its calculation all gross income from every source available to the family and assistance unit unless specifically excluded in this Article, by the federal Social Security Act or other applicable state or federal law.

D. The Department shall convert income received more frequently than monthly into a monthly amount as follows:

1. Multiply weekly amounts by 4.3,

2. Multiply bi-weekly amounts by 2.15,

3. Multiply semi-monthly amounts by two.

E. The Department shall determine a new calculation of projected income:

1. At each review for the needy family and the assistance unit, and

2. When there is a change in countable income of an assistance unit member or a person whose income is considered available to the assistance unit.

History

  • 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). Former R6-12-507 renumbered to R6-12-508; new R6-12-507 renumbered from R6-12-506 and amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-508 Methods to Determine Projected Monthly Income

A. The Department shall determine projected monthly income for a family and an assistance unit by the methods described in this Section.

B. Averaging income.

1. When using this method, the Department shall add together income from a representative number of weeks or months and then divide the resulting sum by the same number of weeks or months.

2. The Department shall average income for a family, to determine income eligibility, and an assistance unit, to determine a cash benefit amount, who receives income:

a. Irregularly; or

b. Regularly, but from sources or in amounts which vary.

C. Prorating income.

1. When using this method, the Department shall average income over the period of time the income is intended to cover.

2. The Department shall prorate income for a family, to determine income eligibility, and an assistance unit, to determine a cash benefit amount, who receives income that is intended to cover a fixed period of time. When a person receives income pursuant to a fixed-term employment contract:

a. Income shall be counted in the month received, if received monthly or more often, throughout all months of the contract;

b. Income shall be prorated over the number of months in the contract if payment is received before or during the time work is performed, but not as specified in subsection (C)(2)(a);

c. Income shall be prorated over the number of months in the contract if payment is received upon completion of the work;

d. For CA cases which fall within subsection (C)(2)(c), applicable earned income disregards shall apply as if the prorated amounts were received in each month of the contract. The resulting amounts for each month shall then be totaled and counted in the month received as a lump sum pursuant to R6-12-504(C) .

D. Actual income.

1. When using this method, the Department shall use the actual amount of income received in a month and shall not convert the income to a monthly amount pursuant to R6-12-506(D).

2. The Department shall use actual income for a family, to determine income eligibility, and an assistance unit, to determine a cash benefit amount, who:

a. Receives or reasonably expects to receive less than a full month's income from a new source,

b. Has lost a source of income, or

c. Is paid daily.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Former R6-12-508 renumbered to R6-12-509; new R6-12-508 renumbered from R6-12-507 and amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-509 Income Verification

The Department shall verify all income before determining eligibility and cash benefit amount.

History

  • New Section R6-12-509 renumbered from R6-12-508 and amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • The following Article heading 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 this change to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this change.

Article 6 SPECIAL CA CIRCUMSTANCES

Ariz. Admin. Code § R6-12-601 Caretaker Relative of Ssi or Foster Child

A. A parent or NPCR with only a SSI recipient child, or a child who is receiving federal, state, or local foster care maintenance payments, may be eligible for CA upon meeting the eligibility criteria specified in this Chapter, except as otherwise provided in this Section.

B. The Department shall consider the SSI recipient child, or foster care recipient child, as an assistance unit member for purposes of qualifying the unit for CA based on need.

C. If the assistance unit qualifies for CA pursuant to subsection (B), the Department shall not count the needs, resources, and income of the SSI recipient child, or foster care recipient child, when determining the benefit amount.

D. Notwithstanding the provisions of R6-12-311, the parent or NPCR of a SSI recipient child, or a foster care recipient child, need not assign to the Department any rights to child support but shall assign any right to receive alimony or spousal maintenance.

History

  • 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). Section repealed; new R6-12-601 renumbered from R6-12-602 by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2). Section heading corrected at request of the Department, Office File No. M10-246, filed June 29, 2010 (Supp. 12-2).
  • 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.
Ariz. Admin. Code § R6-12-602 Strikers

The Department shall determine CA income eligibility for the family, and a benefit amount for the assistance unit during a strike period for an assistance unit member, a person whose income is considered available to the assistance unit, or a family member on strike using the striker's prestrike monthly income.

History

  • 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). Former R6-12-602 renumbered to R6-12-601; new R6-12-602 renumbered from R6-12-604 and amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-603 Dependents of Foster Children

A. The dependent child of an ineligible foster child residing in a needy family may be eligible for CA.

B. To determine a cash benefit amount, the Department shall count all income and resources of the foster child and the dependent child, other than the foster care payment, as otherwise provided in this Chapter.

History

  • 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). Section repealed; new R6-12-603 renumbered from R6-12-606 and amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-604 Minor Parents

A. A minor parent means a person who:

1. Is less than 18 years of age,

2. Has never married, and

3. Is the natural parent of a dependent child living in the same household.

B. An assistance unit headed by a minor parent is not eligible for CA, except as provided in subsection (C).

C. A minor parent may receive assistance when:

1. The minor parent has no living or locatable:

a. Parent,

b. Legal custodian who is related to the minor parent to the degree specified at R6-12-309(A), or

c. Legal guardian.

2. The minor parent is legally emancipated.

a. A minor parent is emancipated if the minor parent's parent, adult specified relative as defined in R6-12-309(A), or legal guardian has relinquished all control and authority over the minor parent, and no longer provides financial support to the minor parent.

b. A minor parent shall qualify as an emancipated person if the minor parent:

i. Has lived apart from the parent, adult specified relative, or legal guardian for at least one year before the application for CA;

ii. Has demonstrated financial independence from the parent, adult specified relative, or legal guardian for at least one year before the application for CA; and

iii. Has not received CA benefits for each of the 12 consecutive months immediately preceding the month the minor parent applies for CA.

c. The minor parent shall provide evidence to establish emancipation. Acceptable verification may include:

i. Rent receipts or other living arrangement statements which establish independent living apart from the parent, adult specified relative, or legal guardian;

ii. Income statements or income tax records which establish financial independence from the parent, adult specified relative, or legal guardian; or

iii. Written statements from a parent, relative, or guardian which establish the independent status of the minor parent.

The physical or emotional health or safety of the minor parent, or the minor parent's child, would be at risk if the minor parent and the minor parent's child resided in the home of the minor parent's parent, legal custodian who is related to the minor parent to the degree specified in R6-12-309(A), or legal guardian.

a. The minor parent shall file a written statement of abuse or neglect with the Department.

i. Abuse means any behavior defined at A.R.S. § 8-546(A)(2).

ii. Neglect means any behavior defined at A.R.S. § 8-546(A)(6).

b. The written statement shall include the following information regarding the allegations of abuse or neglect:

i. The name of the victim;

ii. The name of the perpetrator;

iii. The dates of the alleged abuse or neglect;

iv. The nature of the alleged abuse or neglect; and

v. Whether or not other children living in the home are subject to the abuse or neglect.

c. The FAA shall report all allegations of abuse or neglect to Child Protective Services.

d. The FAA shall accept the minor parent's written statement of abuse or neglect as sufficient evidence that the health or safety of the minor parent, or minor parent's child, would be at risk pending the outcome of a Child Protective Services assessment, unless evidence to the contrary exists.

e. If Child Protective Services determines the allegation of abuse or neglect is valid, the minor parent and the minor parent's child may receive CA if otherwise eligible under this Chapter.

f. If Child Protective Services is unable to confirm or refute the allegation of abuse or neglect, the minor parent shall remain eligible based on the minor parent's written statement.

g. If Child Protective Services determines the allegation of abuse or neglect is invalid:

i. The Department shall inform the minor parent of the determination and allow the minor parent 60 days to return to the home of the parent, custodian, or legal guardian;

ii. The Department shall terminate CA effective the first month following expiration of the 60-day period; and

iii. No overpayment shall result for assistance paid based on the minor parent's written statement of alleged abuse or neglect.

4. The minor parent lives in a needy family that includes one of the following:

a. The minor parent's parent,

b. An adult non-parent caretaker relative, or

c. The minor parent's legal guardian.

5. When the minor parent lives with a parent or adult non-parent caretaker relative who has CA eligible children, the Department shall combine all eligible children into one assistance unit. The parent, non-parent caretaker relative, or legal guardian shall serve as the payee.

D. A minor parent who does not live with a parent, adult non-parent caretaker relative, or legal guardian must meet the needy family income eligibility requirements.

E. A minor parent, and the minor parent's child, who are ineligible for CA solely due to the provisions of this Section, may receive the following services, if otherwise eligible:

1. AHCCCS,

2. JOBS,

3. Child Care, and

4. Any other program or service for which CA recipients categorically qualify.

F. The provisions of this Section shall not apply to a parent who is under 18 years of age ("an underage parent") and who is married or has been married.

History

  • 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). Former R6-12-604 renumbered to R6-12-602; new R6-12-604 renumbered from R6-12-608 and amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-605 Unemployed Parents in a Two-parent Household (TPEP)

A. An assistance unit with a needy child deprived of parental support because the primary wage-earning parent (PWEP) is unemployed shall receive CA through the Two-parent Employment Program (TPEP) if the assistance unit meets the eligibility criteria listed in R6-12-609, R6-12-610, R6-12-611, and all other applicable CA eligibility criteria.

B. The child's mother and father shall both reside with the child.

C. Neither parent shall have a physical or mental defect, illness, or impairment that:

1. Substantially decreases or eliminates the parent's ability to support or care for the child, and

2. Is expected to last for a minimum of 30 continuous days.

D. The PWEP shall not refuse a bona fide offer of employment or training for employment without good cause, within 30 days prior to application. Good cause for refusal is limited to the following circumstances:

1. The offered wage was less than minimum wage;

2. The parent lacked the physical or mental ability to do the work;

3. The parent's lack of public or private transportation prevented the parent from reporting to the job;

4. The parent lacked suitable day care;

5. The parent was personally providing care for a child under the age of 2 at the time of the refusal;

6. The working conditions would involve undue risk to the parent's health or safety;

7. The work lacked workers' compensation protection;

8. The commuting time to and from work would normally exceed two hours, round trip;

9. The parent could not accept the job due to illness of the parent or another family member;

10. The offered position was vacant due to a labor strike or lockout;

11. The parent was incarcerated or making a required court appearance;

12. Inclement weather prevented the parent from accepting the job or reporting for work; or

13. The parent was laid off but is expected to return to the prior place of employment within 30 days of the date of the job offer.

History

  • 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). Section repealed; new R6-12-605 renumbered from R6-12-609 and amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-606 TPEP: Education and Employment Requirements; Good Cause for Nonparticipation

Each TPEP parent shall participate in an education, training, or employment activity, unless such the parent is exempt because the parent:

1. Is under 18 and is:

a. 13-15 years old, pregnant or an unwed custodial parent, lacking a high school diploma/GED, and attending full time a secondary, vocational, or technical school or high school equivalency course; or

b. 16 or 17 (or 18 when reasonably expected to complete school before reaching 19), the custodial parent of a minor child, and attending full time a secondary, vocational, or technical school or a high school equivalency course;

2. Is an enrolled tribal member residing within the tribe's specified Tribal JOBS geographic area;

3. Is working an average of 30 hours or more per week in unsubsidized employment which pays at least minimum wage and shall last at least 30 days.

History

  • 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). Former R6-12-606 renumbered to R6-12-603; new R6-12-606 renumbered from R6-12-610 by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-607 TPEP: Duration

No assistance unit may receive TPEP benefits for longer than six months in a 12-month period, except that a TPEP unit may be granted a three-month extension when the JOBS administration requests the extension based on a JOBS determination that there is good cause for the extension. The good cause reasons for JOBS to request an extension are:

1. A parent is enrolled in a vocational educational training program which was approved by JOBS and which can be completed within the three-month extension period,

2. A parent has a bona fide offer of employment that is to begin within the three-month extension period,

3. One parent did not participate in JOBS for one or more months during the six-month period and the JOBS Administration has determined good cause existed as prescribed in R6-10-122, or

4. A parent is in an unpaid work experience activity and JOBS expects the parent to be hired within the three-month extension period.

History

  • 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). Section repealed; new R6-12-607 renumbered from R6-12-611 by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-608 Expired

History

  • 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). Former R6-12-608 renumbered to R6-12-604; new R6-12-608 renumbered from R6-12-612 by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2). Section expired under A.R.S. § 41-1056(E) at 18 A.A.R. 975, effective March 30, 2012 (Supp. 12-2).
  • 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.
Ariz. Admin. Code § R6-12-609 Expired

History

  • 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). Former R6-12-609 renumbered to R6-12-605; new R6-12-609 renumbered from R6-12-613 by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2). Section expired under A.R.S. § 41-1056(E) at 18 A.A.R. 975, effective March 30, 2012 (Supp. 12-2).
  • 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.
Ariz. Admin. Code § R6-12-610 Expired

History

  • 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). Former R6-12-610 renumbered to R6-12-606; new R6-12-610 renumbered from R6-12-615 and amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2). Section expired under A.R.S. § 41-1056(E) at 18 A.A.R. 975, effective March 30, 2012 (Supp. 12-2).
  • 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.
Ariz. Admin. Code § R6-12-611 Expired

History

  • 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). Former R6-12-611 renumbered to R6-12-607; new R6-12-611 renumbered from R6-12-616 by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2). Section expired under A.R.S. § 41-1056(E) at 18 A.A.R. 975, effective March 30, 2012 (Supp. 12-2).
  • 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.
Ariz. Admin. Code § R6-12-612 Expired

History

  • Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-12-612 renumbered to R6-12-608; new R6-12-612 renumbered from R6-12-617 and amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2). Section expired under A.R.S. § 41-1056(E) at 18 A.A.R. 975, effective March 30, 2012 (Supp. 12-2).
  • 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.
Ariz. Admin. Code § R6-12-613 Renumbered

History

  • 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). Former R6-12-613 renumbered to R6-12-609 by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-614 [REPEALED]

History

  • 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). Section repealed by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-615 Renumbered

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Former R6-12-615 renumbered to R6-12-610 by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-616 Renumbered

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Former R6-12-616 renumbered to R6-12-611 by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-617 Renumbered

History

  • 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). Former R6-12-617 renumbered to R6-12-612 by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).

Article 7 DETERMINING ELIGIBILITY AND BENEFIT PAYMENT AMOUNT

Ariz. Admin. Code § R6-12-701 Income Limitations for a Family

A. A family whose net monthly income does not exceed the income limitations in subsection (C) or (D) shall be considered a needy family for purposes of determining income eligibility for an assistance unit.

B. To determine income eligibility, the Department shall calculate the net monthly income of the family using the methods listed in R6-12-508.

C. When the net monthly income of the family exceeds 100% of the federal poverty level for the number of persons in the family, the assistance unit is ineligible for CA.

D. When the net monthly income of a family in which the head of household is a non-parent caretaker relative who is requesting CA only for a dependent child exceeds 130% of the federal poverty level for the number of persons in the family, the assistance unit is ineligible for CA.

E. The income limitations in subsections (C) and (D) shall not apply to a child only case.

History

  • 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). Section repealed; new Section made by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-702 Eligibility for an Assistance Unit

A. The Department shall determine eligibility for a specific benefit month based on its best estimate of all non-financial, resource, and financial criteria that exist, and are expected to exist, for that month.

B. An assistance unit is eligible for CA when the Department finds that the unit:

1. Satisfies the nonfinancial eligibility criteria described in this Chapter,

2. Does not exceed the resource limits described in Article 4, and

Resides in a needy family.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-703 Earned Income Disregards

For the purpose of determining the net monthly income of a family as provided in R6-12-701(C) and (D) for eligibility purposes, and for an assistance unit to determine a benefit amount, the Department shall deduct the following earned income disregards:

1. A $90 work expense allowance for each employed person in the family to determine income eligibility, and for employed assistance unit members or an employed parent of a dependent child whose income and resources are considered available to the assistance unit, to determine a cash benefit amount;

2. For each wage earning member of the family, to determine income eligibility; and for each assistance unit, or employed parent of a dependent child whose income and resources are considered available to the assistance unit, to determine a cash benefit amount: 30% of any earned income not already disregarded; and

3. The billed expenses for the care of each dependent child or incapacitated adult member of the family, to determine income eligibility, and of the assistance unit, to determine a cash benefit amount.

a. The monthly amount of earned income disregarded as a billed expense for the care of a dependent shall not exceed:

i. $200 for a child under the age of 2 years, and

ii. $175 for a child age 2 or older and for an incapacitated adult.

b. Acceptable verification shall include:

i. A written statement from the individual or business providing the care for the amount billed; or

ii. Collateral contact, when documents are not available.

4. For an assistance unit with a child who is excluded from the assistance unit pursuant to R6-12-308, an amount equal to the difference between the benefit amount with the needs of the ineligible child included in the computation and the benefit amount with the needs of the ineligible child excluded from the computation.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-704 Disqualification from Earnings Disregards; Good Cause

A. The Department shall not apply the earned income disregards set forth at R6-12-703(1) through (3) to the earned income of an assistance unit member, or an employed parent of a dependent child whose income and resources are considered available to the assistance unit, when the assistance unit member or parent, without good cause:

Terminates employment or reduces the hours of employment within the 30 days preceding the benefit month;

Refuses to accept a bona fide offer of employment offered through JOBS, or by any other employer, within the 30 days preceding the benefit month; or

3. Fails to make a timely report of income pursuant to R6-12-901 .

B. Good cause.

1. For circumstances applicable to subsections (A)(1) or (2), good cause is limited to:

a. The circumstances described at A.A.C. R6-10-119(B); or

b. The circumstances described at A.A.C. R6-10-120(A) and (C), if the person is a TPEP parent.

2. For circumstances applicable to subsection (A)(3), good cause is limited to the following:

a. The assistance unit reports and verifies that sickness, accident, or other hardship prevented the unit from reporting timely; or

b. The mailing date of the change report is timely as prescribed in R6-12-901 .

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-705 Determining Benefit Payment Amount

A. The Department shall determine the amount of the cash benefit by subtracting the monthly net income of the assistance unit, from 36% of the 1992 federal poverty level for the number of persons in the assistance unit, and rounding down the resulting figure to the next whole dollar in any of the following circumstances:

1. The assistance unit or parent of a dependent child whose income and resources are considered available to the assistance unit pays, or is obligated to pay, all or part of the shelter costs for the place in which assistance unit members reside. Shelter costs include:

a. Rent,

b. Mortgage,

c. Property taxes,

d. Mobile home space or taxes,

e. Homeowner association fees and taxes, or

f. The household shelter cost obligation is in foreclosure action and the mortgage company will accept back payments;

2. The assistance unit members reside in subsidized public housing;

3. A member of the assistance unit or parent of a dependent child whose income and resources are considered available to the assistance unit works in exchange for rent;

4. The assistance unit is composed only of a dependent child for whom benefits were requested by a non-parent caretaker relative head of household; or

Assistance is paid in a child only case.

B. For all circumstances not covered under subsections (A)(1) through (5), including those when shelter costs are paid for three consecutive months or longer by a person who is not a member of the assistance unit, or by a parent of a dependent child whose income and resources are considered available to the assistance unit, the Department shall determine the amount of the assistance grant by subtracting the monthly net income of the assistance unit from 23% of the 1992 federal poverty level for the number of persons in the assistance unit, and rounding down the resulting figure to the next whole dollar.

C. If the benefit amount is less than $10, the Department shall not pay benefits; the assistance unit remains eligible for CA for all other purposes.

D. The Department shall pay benefits for the month of application only from the filing date of the application. The benefit amount is prorated based on the number of days remaining in the month after the date of application.

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-706 Notice of Eligibility Determination

A. If the Department finds that the unit satisfies all eligibility criteria as specified in this Chapter, the Department shall approve the assistance grant and send notice of approval to the applicant.

B. If the Department finds that the unit does not satisfy 1 or more of the eligibility criteria specified in this Chapter, the Department shall send a denial notice to the applicant's last known address. The notice shall describe the action taken, the specific authority for the action, and the individual's right to request a hearing to challenge the action.

History

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

Article 8 PAYMENTS

Ariz. Admin. Code § R6-12-801 Benefit Payments

A. The Department shall pay benefits to an eligible assistance unit only during a month for which the unit is eligible for a payment.

B. The Department shall make benefit payments in the form of a state warrant, payable directly to the eligible recipient, or to a protective payee, emergency payee, legal guardian, or vendor.

C. The warrant shall bear a statement which shall require the payee to confirm continuing eligibility for benefits when endorsing the warrant for payment.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-802 Expired

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Section expired under A.R.S. § 41-1056(E) at 18 A.A.R. 975, effective March 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-12-803 Supplemental Payments

A. The Department shall correct underpayments by issuing the assistance unit a supplemental payment, regardless of whether the individual who was underpaid is eligible on the date the supplemental payment is issued.

B. The Department shall not count such supplemental payments as a resource or as income.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-804 Expired

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Section expired under A.R.S. § 41-1056(E) at 18 A.A.R. 975, effective March 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-12-805 Expired

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Section expired under A.R.S. § 41-1056(E) at 18 A.A.R. 975, effective March 30, 2012 (Supp. 12-2).
  • 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.
Ariz. Admin. Code § R6-12-806 Protective Payee

A. The Department shall pay benefits to a protective payee who is not a member of the assistance unit:

1. On behalf of all unit members when a state or tribal protective service agency notifies FAA that the recipient is mismanaging or misappropriating benefits; or

2. On behalf of all unit members other than the designated recipient when the recipient is disqualified for IPV or fraud.

B. The Department, with the assistance of the recipient, shall select a protective payee, who may be any adult other than the following:

1. The Department's director,

2. A Department eligibility interviewer,

3. An employee in the Department's Office of Special Investigations,

4. A Department employee who handles fiscal processes related to the CA program, and

5. A vendor of goods or services who deals directly with the recipient.

C. Except in cases of mismanagement, the Department shall continue paying benefits to the recipient if the Department cannot locate a suitable payee, after exhausting reasonable efforts to do so.

D. Protective payments shall terminate:

1. In cases of mismanagement, upon a determination by the protective services agency that such payments are no longer required to avoid further mismanagement; and

2. In all other cases, when the recipient cooperates with the requirement that caused the onset of protective payments.

History

  • 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).
Ariz. Admin. Code § R6-12-807 Emergency Payee

A. The Department may pay benefits to a person acting as representative for, or on behalf of, a caretaker relative who was receiving benefits for a dependent child, when the relative:

1. Dies,

2. Abandons or deserts the child,

3. Is incarcerated, or

4. Is committed to a hospital for the mentally ill.

B. The Department can make payments to the emergency payee for 90 days, or until a case plan is developed for the dependent child, whichever first occurs.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
  • The following Section was adopted 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.
Ariz. Admin. Code § R6-12-808 Identification Card

Upon request by a recipient, the Department shall issue the recipient an identification card or an electronic benefit transfer card at no cost. The Department shall keep a photograph of the recipient in the recipient's file after issuing an identification card or an electronic benefit transfer card.

History

  • Adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).

Article 9 CHANGES; ADVERSE ACTION

Ariz. Admin. Code § R6-12-901 Reporting Changes

A. As a condition of eligibility, the assistance unit shall advise the Department of all changes in income, resources, or other circumstances which may affect eligibility or benefit amount, within 10 days from the date the change becomes known.

B. A change report is considered timely if the mailing date is the tenth day from the date the change becomes known.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-902 Withdrawing a Member from the Assistance Unit

A. A caretaker relative may request that an assistance unit member be removed from the unit by filing, with the Department, a written request which shall identify the member to be withdrawn, the reason for the request, and the date the request is effective.

B. The Department shall acknowledge receipt of a withdrawal request and advise the unit in writing within 10 days of receipt of the withdrawal request of the effect of the request, as specified below.

C. If the request does not identify a specific member, the Department shall apply the request to the entire assistance unit and terminate benefits.

D. If the person being withdrawn is a mandatory member of the assistance unit, the Department shall deem the entire assistance unit ineligible and terminate benefits.

E. If the person being withdrawn is not a mandatory member of the assistance unit, the Department shall redetermine eligibility and benefits in accordance with the provisions of this Chapter.

F. If the request does not specify an effective date, the Department shall take appropriate action effective the 1st month after the month in which the Department receives the request.

G. Department action taken in response to a request for withdrawal of a member does not require a notice of adverse action but does require adequate notice and is appealable.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
  • 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.
Ariz. Admin. Code § R6-12-903 Determining Benefits when Adding or Removing a Member

A. When the Department receives a request to add a member to the assistance unit, or is required to add a mandatory member, the Department shall redetermine eligibility including the added member.

1. If the new member renders the unit ineligible and is not a mandatory member, the Department shall advise the unit of the consequences and permit the unit to withdraw its request to include the new member.

2. If the new member renders the unit ineligible and is a mandatory member, the unit is ineligible. The Department shall provide adequate and timely notice.

3. If the unit remains eligible, the Department shall add the new member, effective the date the Department receives the request to add the member, and shall include the new member's income in the budget.

B. In the month a new member is added, the assistance unit may be eligible for an additional benefit amount or liable for an overpayment. To determine the unit's entitlement or liability, the Department shall:

1. Recalculate the unit's benefit amount with the new member, as provided in R6-12-704;

2. Subtract the current benefit amount (without the new member) from the new benefit amount; and

3. Take the resulting amount;

a. If above 0, prorate it, as provided in R6-12-704(C), to determine the benefit amount due the unit;

b. If 0, pay no benefit; or

c. If below 0;

i. Write an overpayment for the month of application, if the member is mandatory; or

ii. If the member is not mandatory, allow the unit to add the member the following month, so as to avoid an overpayment for the current month.

History

  • 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).
Ariz. Admin. Code § R6-12-904 Benefit Reduction or Termination

A. Any change in any factor which the Department considers when determining eligibility or benefit amount may result in reduction or termination of benefits, consistent with the provisions of this Chapter.

B. The Department shall terminate benefits if the assistance unit fails to complete the 6-month review required by R6-12-210.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
  • 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.
Ariz. Admin. Code § R6-12-905 Ineligibility Date for an Assistance Unit

An assistance unit's ineligibility begins at the time described below:

1. On the first day of the same month in which any of the following events occurs:

a. Acquisition of resources in excess of the resource limitations specified in Article 4,

b. Receipt of lump sum income as set forth in R6-12-505, or

c. A new assistance unit member or a person whose income and resources are considered available to the assistance unit moves into the home and renders the assistance unit ineligible for a cash benefit.

2. On the first day of the first month benefits can be terminated following timely notice of adverse action for failure to comply with a six-month eligibility review.

3. On the first day of the first month in which the assistance unit is not eligible on the date CA benefits are paid when the unit is rendered ineligible for reasons not specified in subsections (1) or (2).

History

  • 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). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).
  • 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.
Ariz. Admin. Code § R6-12-906 Ineligibility Date for an Individual Member of an Assistance Unit

Ineligibility for an individual member of an assistance unit begins on the 1st day of the 1st month in which the member is not eligible on the date CA benefits are paid when the member is rendered ineligible for any reason.

History

  • 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.
Ariz. Admin. Code § 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.

History

  • 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.
Ariz. Admin. Code § R6-12-908 Referral for Investigation

FAA shall refer a case to OSI for investigation when:

1. An applicant or recipient refuses to cooperate as required pursuant to R6-12-302;

2. An applicant or recipient refuses to sign a statement attesting to forgery of a signature on a cashed warrant;

3. The Department has valid reason to suspect that an act has been committed for the purpose of deception, misrepresentation, or concealment of information relevant to a determination of eligibility or the form or amount of a benefit payment; or

4. The FAA suspects the commission of theft or fraud related to CA or any conduct listed in A.R.S. § 46-215.

History

  • 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).

Article 10 APPEALS

Ariz. Admin. Code § R6-12-1001 Entitlement to a Hearing

A. An applicant for or recipient of CA is entitled to a hearing to contest the following Department actions:

1. Denial of the right to apply for assistance;

2. Complete or partial denial of an application for assistance or for supplemental benefits;

3. Failure to make an eligibility determination on an application within 45 days of the application date;

4. Suspension, termination, reduction, or withholding of benefits except as provided in subsection (B).

5. The existence or amount of an overpayment attributed to the unit or the terms of a plan to repay the overpayment;

6. Changing the manner or form of payment including naming a protective payee to receive the benefit payment; or

7. Denial or termination of child care benefits.

B. Applicants and recipients are not entitled to a hearing to challenge benefit adjustments made automatically as a result of changes in federal or state law, unless the Department has incorrectly applied such law to the individual seeking the hearing.

History

  • 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).
Ariz. Admin. Code § R6-12-1002 Request for Hearing; Form; Time Limits

A. A person who wishes to appeal an adverse action shall file a written request for a fair hearing with a local FAA office, within 20 days of the adverse action notice date.

B. A request for a hearing is deemed filed:

1. On the date it is mailed, if transmittal via the United States Postal Service or its successor. The mailing date is as follows:

a. As shown by the postmark;

b. As shown by the postage meter mark of the envelope in which it is received, if there is no postmark; or

c. The date entered on the document as the date of its completion, if there is no postmark, or no postage meter mark, or if the mark is illegible.

2. On the date actually received by the Department, if not sent through the mail as provided in subsection (B)(1).

C. The submission of any document shall be considered timely if the appellant proves that delay in submission was due to Department error or misinformation, or to delay caused by the U.S. Postal Service or its successor.

D. Any document mailed by the Department shall be considered as having been given to the addressee on the date it is mailed to the addressee's last known address. The date mailed shall be presumed to be the date shown on the document, unless otherwise indicated by the facts. Computation of time shall be made in accordance with Rule 6(a) of the Rules of Civil Procedure.

E. The Office of Appeals shall deny any request that is not timely filed. A party may request an appeal on the timeliness of an appeal.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
  • 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.
Ariz. Admin. Code § R6-12-1003 Hearing Requests; Preparation and Processing

A. The Department shall advise the appellant of any free legal services available to assist the appellant in completing the request for appeal. If the appellant so requests, the Department shall assist the appellant in preparing the request.

B. Within 2 working days of receiving a request for appeal, the local FAA office shall notify the Office of Appeals of the hearing request.

C. Within 10 days of receiving a request for appeal, the local FAA office shall prepare and forward to the Office of Appeals a prehearing summary which shall include:

1. The appellant's name (and case name, if different);

2. The appellant's SSN (or case number, if different);

The local office responsible for the appellant's case;

4. A brief summary of the facts surrounding, and the grounds supporting, the adverse action;

5. Citations to the specific provisions of the Department's CA manual which support the Department's action; and

6. The decision notice and any other documents relating to the appeal.

D. The local office shall mail the appellant a copy of the summary.

E. Upon receipt of a hearing request, the Office of Appeals shall schedule the hearing as prescribed in R6-12-1006.

History

  • 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).
Ariz. Admin. Code § 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.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1005 Hearing Officer; Qualifications; Duties; Subpoenas

A. An impartial hearing officer in the Department's Office of Appeals shall conduct all hearings.

B. The hearing officer shall:

1. Administer oaths and affirmations;

2. Regulate and conduct the hearing in an orderly and dignified manner, which avoids undue repetition and affords due process to all participants;

3. Ensure that all relevant issues are considered;

4. Exclude irrelevant evidence from the record;

Request, receive, and incorporate into the record all relevant evidence;

6. Order, when relevant and useful to a resolution of the issue in a case, an independent medical assessment or professional evaluation from a source mutually satisfactory to the appellant and the Department;

7. Upon compliance with the requirements of subsection (C), subpoena witnesses or documents needed for the hearing;

8. Open, conduct, and close the hearing;

9. Rule on the admissibility of evidence at a hearing;

10. Direct the order of proof at the hearing;

11. For good cause shown, and upon the request of an interested party, or on the hearing officer's own motion, take such action as the hearing officer deems necessary to the proper disposition of an appeal, including, without limitation, the following:

a. Recuse or disqualify himself from the case;

b. Continue the hearing to a future time or date;

c. Prior to entry of a final decision, reopen the hearing to take additional evidence;

d. Deny or dismiss the appeal or request for hearing in accordance with the provisions of this Article;

e. Exclude non-party witnesses from the hearing room; and

12. Issue a written decision deciding the appeal.

C. Subpoenas.

1. A party who wishes to subpoena a witness, document, or other physical evidence shall make a written request which shall describe:

a. The case name and number;

b. The party requesting the subpoena;

c. The name and address of any person to be subpoenaed, with a description of the subject matter of the witness's anticipated testimony; and

d. A description of any documents or physical evidence to be subpoenaed, and the name and address of the custodian of the document or physical evidence.

2. The party requesting the subpoena shall make the request at least 5 work days before the scheduled hearing date.

3. The hearing officer shall deny the request if the witness's proposed testimony is not relevant to the issues in the hearing.

4. The Office of Appeals shall prepare all subpoenas and serve them by certified mail, return receipt requested.

D. An appellant may request a change in hearing officer if the appellant so requests at least 10 days prior to the hearing. The appellant is limited to 1 request.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1006 Hearings: Location; Notice; Time

A. The Office of Appeals shall schedule the hearing at the office location most convenient to the interested parties.

B. The Office of Appeals shall issue all interested parties a notice of the first hearing at least 10 calendar days before the hearing. The appellant may waive the 10-day notice period or request a continuance.

C. The notice of hearing shall be in writing and shall include the following information:

1. The date, time, and place of the hearing;

2. The name of the hearing officer;

3. The issues involved in the case;

4. A statement listing the appellant's rights, as follows:

a. To appear in person or by telephone;

b. To have a representative present the case;

c. To copy, at a reasonable time prior to the hearing or during the hearing, any documents in the appellant's case file which are relevant to the issues being heard, and all documents the Department may use at the hearing;

d. To obtain assistance from the local FAA office to prepare for the hearing; and

e. To obtain, from the local FAA office, information on available community legal resources who may be able to represent the appellant.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Amended by final rulemaking at 16 A.A.R. 815, effective April 22, 2010 (Supp. 10-2).
Ariz. Admin. Code § R6-12-1007 Rescheduling the Hearing

A. An appellant may request a continuance of the hearing by calling or writing the Office of Appeals and providing good cause as to why the hearing should be postponed.

B. The Office of Appeals must receive the request at least 5 work days before the scheduled hearing date and may deny an untimely request or a request which fails to establish good cause.

C. When a hearing is rescheduled, the Office of Appeals shall provide appropriate notice to all interested parties.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1008 Hearings Concerning Disability Determinations

A. A person who appeals an adverse determination of disability may ask to receive another medical examination before the hearing.

B. Upon receipt of such a request, the FAA local office shall schedule the examination with a licensed physician, psychologist, or psychiatrist. If the appellant does not designate a particular examiner, the Department may choose.

C. At any time prior to issuing a decision, the hearing officer may ask the District Medical Consultant to schedule the appellant for a special diagnostic evaluation by a specialist.

D. Upon receipt of a report on the special evaluation, the hearing officer may, but is not required to, have the District Medical Consultant evaluate the report and render an opinion on the appellant's disability and employability.

E. The hearing officer may consider, but is not bound by, the Medical Consultant's opinion, which shall qualify as an expert medical opinion.

F. In deciding the appeal of a disability determination, the hearing officer shall consider:

1. All medical, social, and vocational reports which are relevant to the issue of disability; and

2. The appellant's testimony as to the appellant's physical and medical condition or symptomatology.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1009 Group Hearings

The Department may conduct a single group hearing on individual requests for a hearing, under the following circumstances:

1. The sole issue in each case is interpretation of the same question of federal or state law or policy,

2. Each appellant may present or have an authorized representative present his or her own case,

3. Any appellant may withdraw from the group hearing and obtain an individual hearing.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1010 Withdrawal of Appeal; Default

A. An appellant may voluntarily withdraw an appeal at any time prior to the scheduled hearing by signing a written statement expressing the intent to withdraw. The Department shall make a withdrawal form available for this purpose.

B. An appellant may involuntarily withdraw an appeal by failing to appear at the scheduled hearing.

1. Except as provided in subsection (C), the hearing officer may enter a default decision dismissing the appeal if the appellant fails to appear at a scheduled hearing.

2. When the appellee fails to appear at the hearing, the hearing officer may rule summarily on the available record or may adjourn the hearing to a later date and time.

3. If, within 10 days of the scheduled hearing date at which the appellant failed to appear, the appellant files a written request to reopen the proceedings and establishes good cause for non-appearance, the hearing officer shall reopen the proceedings and reschedule the hearing with notice to all interested parties.

4. Good cause, for the purpose of reopening a hearing, is established if the failure to appear at the hearing and the failure to timely notify the hearing officer were beyond the reasonable control of the nonappearing party.

C. The hearing officer shall not enter a default if the appellant gives notice, prior to the scheduled time of hearing, that the appellant is unable to attend the hearing, due to good cause, and still wishes the hearing or to have the matter considered on the available record.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1011 Hearing Proceedings

A. Standard of review and burden of proof.

The hearing is a de novo proceeding. To prevail on appeal, the appellant must prove eligibility or entitlement to benefits by a preponderance of the evidence.

2. The Department has the initial burden of going forward with presentation of the evidence.

B. Appearance by parties and representatives.

1. An appellant may appear by telephone or submit a written statement under oath, instead of appearing personally at the hearing. The appellant shall file the personal statement with all other witness statements and documents the appellant wishes to offer in evidence, with the Office of Appeals before the time of the hearing.

2. The FAA worker, FAA supervisor, or FAA hearing specialist, or another appropriate person may testify for the Department at the hearing.

C. Evidence and argument.

1. The appellant may testify, present evidence, cross-examine witnesses, and present arguments.

2. The hearing officer shall exclude from the record any irrelevant evidence.

D. The record.

1. The hearing officer shall keep a full and complete record of all proceedings in connection with an appeal. The appellant or the appellant's designated representative may inspect the record on appeal at any reasonable time.

2. The Department need not transcribe the record unless it is required for further proceedings.

3. If the record is transcribed, the appellant is entitled to receive a copy at no charge.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1012 Hearing Decision; Time Limits; Form; Contents; Finality

A. No later than 90 days after the date the appellant files a request for appeal, the hearing officer shall render a written decision based solely on the evidence and testimony produced at the hearing and applicable federal and state law. The time limit is extended for any delay caused by the appellant.

B. The decision shall include:

1. Findings of facts pertinent to the issue;

2. Citations to the law and authority applicable to the case;

3. A statement of conclusions derived from the controlling facts and law, and the reasons for the conclusions; and

4. A statement of further appeal rights available to the appellant and the time period for exercising those rights.

C. The Office of Appeals shall mail or deliver a copy of the decision to each interested party or such party's attorney of record.

D. The hearing officer's decision is the final decision of the Department, unless a party files a timely request for reconsideration or further appeal.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1013 Implementation of the Decision

A. If the decision requires a local office to take further action, such action shall occur within 10 calendar days of the date of the decision.

B. All decisions in favor of the appellant apply retroactively to the date of the action being appealed or the date stated by the hearing officer in the written decision.

C. If the decision affirms the Department's decision to take adverse action, the Department shall treat any resulting overpayment as a client-caused, non-fraud overpayment.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1014 Further Appeal and Review of Hearing Decisions; Stay of Adverse Action

A. A party may appeal an adverse hearing decision to the Department's Appeals Board.

1. The party shall file a written petition for review with the Office of Appeals within 15 calendar days of the mailing date of the hearing officer's decision.

2. The petition shall state the grounds for review and be signed and dated.

The petition is deemed filed:

a. On the date it is mailed, if transmittal via the United States Postal Service or its successor. The mailing date is as follows:

i. As shown by the postmark;

ii. As shown by the postage meter mark of the envelope in which it is received, if there is no postmark; or

iii. The date entered on the document as the date of its completion, if there is no postmark, or no postage meter mark, or if the mark is illegible.

b. On the date it is hand-delivered to the Office of Appeals.

B. When a party timely appeals a hearing decision, the Department shall stay implementation of the adverse action until the Appeals Board issues a decision and treat any resulting overpayment as a client-caused, non-fraud overpayment.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1015 Appeals Board Proceedings and Decision

A. Upon receipt of a request for further review, the Office of Appeals shall transcribe the record of hearing and transfer the record to the Appeals Board.

B. The Appeals Board may decide the appeal based solely on the record of proceedings before the hearing officer or, if the Board is unable to decide the appeal on the available record, the Board may remand the case for rehearing, specifying the nature of any additional evidence required or any further issues for consideration, or conduct a hearing at the Appeals Board to take additional evidence.

C. The Appeals Board shall issue, and mail to all parties, a final written decision affirming, reversing, or modifying the hearing decision and specifying the parties' right to seek further review.

History

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

Article 11 OVERPAYMENTS

Ariz. Admin. Code § R6-12-1101 Overpayments: Date of Discovery; Collection; Exceptions

A. Except as provided in subsection (E), the Department shall pursue collection of all overpayments.

B. The Department discovers an overpayment on the date the Department determines that an overpayment exists.

C. The Department shall write an overpayment report within 90 days of the discovery date.

D. If the FAA office suspects that an overpayment was caused by fraudulent activity, it shall refer the overpayment report to the Department's Office of Special Investigations for potential prosecution.

E. The Department shall not attempt to recover an overpayment from a person who is not a current recipient when the overpayment was not the result of an intentional program violation or fraud, and:

1. The total overpayment is less than $35, or

The Department has exhausted reasonable efforts to collect an overpayment of $35 or more and has determined that it is no longer cost-effective to pursue the claim.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1102 Overpayments: Persons Liable

A. The Department shall pursue collection of an overpayment from:

1. The assistance unit which was overpaid;

2. Any assistance unit of which a member of the overpaid unit has subsequently become a member; or

3. Any individual member of the overpaid assistance unit, even if that member is not currently receiving benefits.

B. The Department shall seek recovery from the caretaker relative, or the caretaker relative's current assistance unit, first. If the caretaker relative is unavailable due to death or disappearance, or was not a member of the overpaid assistance unit, the Department shall seek recovery from the other members of the overpaid assistance unit, or the other members' current assistance units.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
  • 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.
Ariz. Admin. Code § R6-12-1103 Methods of Collection and Recoupment

A. When an overpaid assistance unit is currently receiving benefits, the Department shall permit the unit to choose 1 of the following repayment methods:

1. Offset against any underpayment due the unit;

2. Cash payments;

3. Reduction in current benefits, in an amount not to exceed 10% of the unit's monthly payment, unless the unit desires a larger reduction;

4. A combination of the above methods.

B. If the repayment reduces the unit's benefits to 0, the unit shall remain eligible for CA for all other purposes.

C. If the assistance unit is not receiving benefits, the Department shall pursue recovery by appropriate action under state law.

History

  • 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).

Article 12 INTENTIONAL PROGRAM VIOLATION

Ariz. Admin. Code § R6-12-1201 Intentional Program Violations (IPV); Defined

A. An intentional program violation (IPV) is an action by an individual, for the purpose of establishing or maintaining the family's eligibility for CA or for increasing or preventing a reduction in the amount of the grant, which is intentionally:

1. A false or misleading statement or misrepresentation, concealment, or withholding of facts; or

2. Any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity.

B. For the purpose of imposing sanctions as prescribed in R6-12-1204, a person is considered to have committed an IPV if:

1. The person signs a waiver of an administrative disqualification hearing,

2. The person is found to have committed an IPV by an administrative disqualification hearing, or

3. The person is convicted of IPV or fraud in a court of law.

History

  • 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).
Ariz. Admin. Code § R6-12-1202 IPV Disqualification Proceedings; Hearing Waiver

A. The Department shall initiate an administrative disqualification proceeding, or a referral for prosecution, upon receipt of sufficient documentary evidence substantiating that an assistance unit member has committed an IPV.

B. When the Department initiates a disqualification proceeding, the Department shall mail the assistance unit member suspected of an IPV written notice of the right to waive the disqualification hearing.

C. The waiver notice shall include the following information:

1. The charges against the suspected violator and a description of the evidence supporting the charges;

2. An explanation of the disqualification sanctions imposed for intentional program violations;

3. A warning that the administrative proceeding does not preclude other civil or criminal court action;

4. The date that the signed waiver notice must be received by the Department should the suspected violator wish to avoid the hearing;

5. Signature lines for the suspected violator and the suspected violator's current caretaker relative if the suspected violator is not the caretaker relative;

6. A statement that the caretaker relative must also sign the waiver if the suspected violator is not the caretaker relative;

7. A statement of the suspected violator's right to remain silent concerning the charge;

8. A warning that anything said, written, or signed by the suspected violator concerning the charge may be used against him or her in administrative proceedings or a court of law;

9. A warning that any waiver of the hearing establishes an IPV, eliminates the right to further administrative appeal, and will result in disqualification and a reduction in benefits for other assistance unit members for the period of disqualification;

10. Statements providing the suspected violator an opportunity to admit to the facts supporting disqualification or waive the hearing without admitting to the facts;

11. The name, address, and telephone number of a Department representative whom the suspected violator may contact for further information;

12. A list of persons or organizations which may provide the suspected violator with free legal advice regarding the IPV; and

13. A warning that the Department shall hold any remaining household members responsible for repayment of any overpayment arising from the IPV.

D. For the purpose of imposing sanctions as prescribed in R6-12-1204, a signed waiver notice shall have the same effect as an administrative adjudication that an IPV occurred.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1203 Disqualification Proceedings; Hearing

A. If the suspected violator does not sign and return the waiver notice by the return date set in the waiver notice, the Office of Appeals shall send the suspected violator a notice of hearing. The Office of Appeals shall send the notice by certified mail, return receipt requested, no later than 30 days before the scheduled hearing date.

B. The notice of hearing shall include the following information:

1. The date, time, and place of the hearing;

2. The charges against the suspected violator;

3. A summary of the evidence supporting the charges;

4. The location where the suspected violator may examine the supporting evidence before the hearing;

5. A warning that the hearing officer shall render a decision based solely on the evidence which the Department offers if the suspected violator does not appear for the hearing;

6. An explanation of the suspected violator's right to show good cause for a failure to appear at the hearing and the procedure for doing so;

7. An explanation of the sanctions the Department shall impose if the hearing officer finds that the suspected violator committed an IPV;

8. A listing of the suspected violator's procedural rights;

9. A warning that the pending administrative hearing does not preclude other civil or criminal court action;

10. A statement advising of any free legal advice which may be available;

A statement explaining how to obtain a copy of the Department's published hearing procedures; and

12. A statement that the suspected violator may have the hearing postponed by contacting the hearing officer at least 10 days before the hearing date and asking for a postponement.

C. The hearing officer shall postpone a hearing for up to 30 days if the suspected violator files a written request for postponement with the hearing official no later than 10 days before the scheduled hearing date. Any such postponement days shall increase the time by which the hearing officer shall issue a decision, as provided in subsection (G) below.

D. At the start of the disqualification hearing, the hearing officer shall advise the suspected violator or representative of the right to remain silent during the hearing and the consequences of exercising that right.

E. A hearing officer, as prescribed in R6-12-1005, shall conduct the disqualification hearing pursuant to the procedures set forth in R6-12-1006, R6-12-1007, and R6-12-1011, except as prescribed in this subsection.

The suspected violator does not need to request a hearing as prescribed in R6-12-1006(B).

2. The standard of proof is clear and convincing.

So long as the Department sent an advance notice of hearing as provided in subsections (A) and (B) above, the hearing officer shall conduct the disqualification hearing even if the suspected violator or representative cannot be located or fails to appear at the hearing without good cause.

F. The Department shall prove by clear and convincing evidence that the household member committed an IPV.

G. No later than 90 days from the date of the notice of hearing, as increased by any postponement days, the hearing officer shall send to the suspected violator a written decision which shall conform to the requirements of R6-12-1012 and shall include the information described at R6-12-1204(C).

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1204 Disqualification Sanctions; Notice

A. A person found to have committed an IPV is disqualified from program participation for 6 months for the 1st violation; 12 months for the 2nd violation; and permanently for the 3rd violation.

B. The Department shall not include the needs of the disqualified person in the assistance unit but shall count the income and resources of the disqualified person available to the unit.

C. Upon a determination of IPV, the Department shall notify the violator of the pending disqualification. The notice shall:

1. Inform the violator of the decision and the reasons for the decision;

2. Provide the beginning date and duration of the disqualification, including an explanation of any deferment of disqualification; and

3. Explain the consequences of the disqualification on household members other than the violator.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1205 Disqualification Hearings; Appeal

A. A person found to have committed an IPV through an administrative disqualification hearing may appeal the decision to the Department's Appeals Board as prescribed in R6-12-1014.

B. Upon a determination of IPV through a signed waiver of a disqualification hearing, the violator has no right to further administrative appeal.

History

  • Adopted effective November 9, 1995 (Supp. 95-4).
Ariz. Admin. Code § R6-12-1206 Honoring Out-of-state IPV Determinations and Sanctions

The Department shall honor sanctions imposed against an applicant or recipient by the Title IV-A agency of another state and shall consider prior violations committed in another state when determining the appropriate sanction.

History

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

Article 13 JOBSTART

Ariz. Admin. Code § R6-12-1301 Scope

The Department shall operate a wage subsidy program entitled JOBSTART on a statewide basis.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Amended effective May 15, 1997 (Supp. 97-2). 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.
Ariz. Admin. Code § R6-12-1302 Definitions

The following definitions apply to this Article:

1. "Adjusted gross monthly wages" means the gross monthly wages a person receives from a JOBSTART-subsidized placement after deductions for federal and state income taxes and Federal Insurance Contributions Act (FICA) contributions.

2. Subsidized placement means a job with a public or private sector employer for which the Department reimburses the employer monthly for the wages paid to the participant the lesser of:

a. A fixed subsidy amount determined by the Department pursuant to the contract with the employer, or

b. The gross wages paid by the employer.

3. Wage pool means a pool of diverted CA and Food Stamp Program benefits which are used to reimburse an employer for the monthly wages paid to a participant.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Amended effective May 15, 1997 (Supp. 97-2). 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 repealed and the new Section was renumbered and 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.
Ariz. Admin. Code § R6-12-1303 Diversion of Benefits to Wage Pool

A. When JOBS notifies FAA that JOBS has assigned a recipient to a JOBSTART-subsidized placement, FAA shall redirect the recipient's CA and Food Stamp Program benefits to the JOBSTART wage pool to reimburse the participant's employer for wages paid to the participant.

B. The reimbursement shall not exceed the lesser of:

1. The recipient's gross monthly earnings from the JOBSTART-subsidized placement, calculated as total hours worked times the participant's hourly wage rate; or

2. A fixed subsidy amount determined by the Department pursuant to the contract with the employer. The reimbursement shall not exceed 40 hours per week at the federal minimum wage.

C. The Department shall divert the CA and Food Stamp Program benefits to the wage pool beginning with the calendar month following the month the participant 1st receives wages from the subsidized placement and shall continue diverting the benefits until the participant stops holding a subsidized placement.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Section R6-12-1303 repealed; new Section renumbered from R6-12-1304 and 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 renumbered and a new Section renumbered and 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.
Ariz. Admin. Code § R6-12-1304 Treatment of Income

The Department shall exclude as income the participant's gross monthly wages received from the subsidized job placement. Income from other sources shall count pursuant to Article 4.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Section R6-12-1304 renumbered to R6-12-1303; new Section renumbered from R6-12-1305 and 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 renumbered and a new Section was renumbered and 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.
Ariz. Admin. Code § R6-12-1305 Supplemental Payments

A. Advance supplemental payments.

1. The Department shall provide an advance supplemental payment to a JOBSTART participant if the adjusted gross wages the participant is expected to receive in a benefit month are less than the combined cash value of the CA and Food Stamp Program benefits which the participant is eligible to receive for that month.

2. Each month the Department shall determine the need for a supplemental payment, and the amount of the payment, using prospective budgeting based on anticipated family composition and wages of 40 hours per week during the month at the adjusted gross monthly wage the participant is expected to receive.

3. The supplemental payment shall equal the cash value of the combined CA and Food Stamp Program benefits the participant is eligible to receive for the month minus the anticipated adjusted gross monthly wages from the subsidized placement.

B. Emergency supplemental payments. The Department shall provide an emergency supplemental payment to a JOBSTART participant if the adjusted gross wages the participant is expected to receive in a benefit month, plus any supplemental payments already made for that month, are less than the cash value of the monthly food stamp allotment for the participant's household. The Department shall provide an emergency payment no later than 10 days after the date:

1. The participant requests an emergency payment, or

2. The Department receives information from the employer which indicates the need for an emergency payment.

C. Reconciliation supplemental payments.

1. The Department shall provide a reconciliation supplemental payment to a JOBSTART participant who receives less in adjusted gross wages in a benefit month than the cash value of the combined CA and Food Stamp Program benefits which the participant is eligible to receive for that month due to a reduction in available work hours by the employer.

2. The Department shall issue the reconciliation supplemental payment no later than the 10th day of the month following the benefit month.

3. The reconciliation supplemental payment, plus the adjusted gross wages and any other supplemental payments already received for the benefit month, shall not exceed the cash value of the combined CA and Food Stamp Program benefits the participant was eligible to receive for the benefit month.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Section R6-12-1305 renumbered to R6-12-1304; new Section renumbered from R6-12-1306 and 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 renumbered and a new Section was renumbered and 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.
Ariz. Admin. Code § R6-12-1306 Sanctions

A. If a recipient fails or refuses to comply with JOBSTART participation requirements without good cause the Department shall decrease the CA grant using the progressive sanction process described in R6-12-316.

B. Good cause is limited to the following circumstances:

1. The participant has been referred to a job or employment which is the subject of a strike, lockout, work stoppage, or other bona fide labor dispute;

2. The job requires the participant to join a company union or to resign or refrain from joining a bona fide labor organization;

3. The participant was incarcerated or ordered to make a court appearance;

4. Severe weather conditions prevented the participant and other persons similarly situated from traveling to or participating in the employment activity;

5. The participant or the participant's dependent child suffers a debilitating illness or incapacity; or

6. The participant has a family crisis, such as:

a. Catastrophic loss of home to fire, flood, or other natural disaster; or

b. Death of an immediate family member.

C. JOBS shall determine if good cause exists.

D. The Department shall apply the appropriate progressive sanction reduction against the monthly CA benefit amount the assistance unit is entitled to receive for the month the sanction is applied.

E. The progressive sanction benefit reduction shall continue for a minimum of 1 month and until the person complies with JOBS requirements or becomes exempt from JOBS participation.

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Section R6-12-1306 renumbered to R6-12-1305; new Section renumbered from R6-12-1307 and 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 renumbered 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 this change to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this change.
Ariz. Admin. Code § R6-12-1307 Renumbered

History

  • Adopted effective November 9, 1995 (Supp. 95-4). Section R6-12-1307 renumbered to R6-12-1306 effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).

Article 14 GRANT DIVERSION

Ariz. Admin. Code § R6-12-1401 Definitions

"Grant Diversion Payment Period" means the time period that begins the first day of the first eligible month and ends the last day of the third eligible month.

History

  • New Section made by final rulemaking at 19 A.A.R. 1638, effective August 4, 2013 (Supp. 13-2).
Ariz. Admin. Code § R6-12-1402 Eligibility for Grant Diversion

The Department shall offer a Cash Assistance applicant the option of receiving a lump sum Grant Diversion cash benefit when the applicant satisfies all of the following eligibility criteria:

1 The assistance unit includes an adult parent or non-parent caretaker relative;

2 The assistance unit meets all CA financial and non-financial eligibility criteria, except that the adult parent or non-parent caretaker relative is exempt from the following:

a The child support requirements in R6-12-311;

b The Jobs program participation requirements in R6-12-313;

c The Personal Responsibility Agreement in R6-12-302; and

d The TPEP employment and education requirements in R6-12-606;

3 The assistance unit is eligible for a CA cash benefit of at least one dollar in either the month of application or either of the two months following the month of application;

4 An adult assistance unit member is immediately available for full-time employment and the adult satisfies at least one of the following requirements:

a Was employed in the month the application was received or in at least one of the 12 months preceding the month that the application was received;

b Has a verified offer of full-time employment that will begin within the three month Grant Diversion payment period; or

c Has successfully completed an educational, vocational, or job training program in the month the application was received or in one of the six months preceding the month that the application was received;

5 An adult parent or non-parent caretaker relative in the assistance unit completes and signs the Grant Diversion Applicant Agreement form, which includes the adult's agreement that the short term Grant Diversion cash benefit shall assist and support the adult in securing full-time employment within 90 days of the application date in order to enable the assistance unit to become self-sufficient;

6 The assistance unit has not received a Grant Diversion cash benefit in the 12 months preceding the month that the application was received; and

7 The assistance unit is not currently being sanctioned under R6-12-316.

History

  • New Section made by final rulemaking at 19 A.A.R. 1638, effective August 4, 2013 (Supp. 13-2).
Ariz. Admin. Code § R6-12-1403 Amount of the Grant Diversion Cash Benefit

The Department shall provide an eligible assistance unit a nonrecurring lump sum cash benefit in an amount equal to three times the maximum monthly cash benefit for which the assistance unit would be eligible in the Cash Assistance program, based on zero countable income. The Department shall provide the cash benefit to financially assist an adult assistance unit member in securing full-time employment within the three month Grant Diversion payment period.

History

  • New Section made by final rulemaking at 19 A.A.R. 1638, effective August 4, 2013 (Supp. 13-2).
Ariz. Admin. Code § R6-12-1404 Treatment of Changes during the Grant Diversion Payment Period

AThe Department shall exempt the assistance unit from the change reporting requirements in R6-12-901 during the three month Grant Diversion payment period.

BWhen the Department receives a request to add a member to the assistance unit during the three month Grant Diversion payment period, the Department shall comply with subsections (B)(1) through (B)(3).

1 The Department shall redetermine eligibility including the added member. The Department shall add the new member, effective the date the request is received, only when the assistance unit remains eligible.

2 When the assistance unit remains eligible, the Department shall add the new member, effective the date the Department receives the request to add the member, and recalculate the assistance unit's Grant Diversion benefit amount. The Department shall issue the assistance unit a supplemental payment when the amount of the recalculated cash benefit amount exceeds the amount of the cash benefit that was issued to the assistance unit. The supplemental payment shall be a prorated amount from the date the Department received the request to add the member through the end of the three-month Grant diversion payment period.

3 When the recalculated Grant Diversion cash benefit amount is less than the cash benefit that was issued to the assistance unit, the Department shall not add the member to the assistance unit and shall not write an overpayment.

History

  • New Section made by final rulemaking at 19 A.A.R. 1638, effective August 4, 2013 (Supp. 13-2).

Chapter 13 DEPARTMENT OF ECONOMIC SECURITY - STATE ASSISTANCE PROGRAMS

Article 1 TUBERCULOSIS CONTROL PROGRAM

Ariz. Admin. Code § R6-13-101 Reserved
Ariz. Admin. Code § R6-13-102 Definitions

The following definitions apply to this Chapter:

1. "Administration" means the Family Assistance Administration of the Department.

2. "Adverse action" means that the Department has:

a. Denied an application for assistance,

b. Failed to take action to approve or deny an application within 30 days of the application file date,

c. Terminated or reduced assistance,

d. Determined that it overpaid a Tuberculosis Control (TC) payment recipient, or

e. Denied a request for a waiver of an overpayment.

3. "Applicant" means a person who has directly or through a representative filed an application for TC payments with the Department.

4. "Assistance unit" means a group of persons whose needs, income, resources, and other circumstances the Department considers as a whole for the purpose of determining eligibility and benefit amount for Tuberculosis Control payments.

5. "CA" or "Cash Assistance" means temporary assistance for needy families paid to a recipient for the purpose of meeting basic living expenses under A.R.S. § 46-291 et seq.

6. "Collateral verification" means the use of an agency, organization, or qualified individual who has knowledge of the requested eligibility information, and who the Department may use as a collateral contact when requested to do so or when documented verification is not available to the applicant.

7. "Countable income" means income from every source minus income excluded under R6-13-118.

8. "Department" means the Arizona Department of Economic Security.

9. "FAA" or "Family Assistance Administration" means the administration within the Department's Division of Benefits and Medical Eligibility responsible for providing financial and nutrition assistance to eligible persons and determining eligibility for medical assistance.

10. "FAA Manual" means the policies and procedures used to determine an assistance unit's eligibility for TC payments.

11. "Homestead property" has the same meaning as A.R.S. § 46-101(14).

12. "In-kind income" means the value of goods or services received for work in lieu of the receipt of wages.

13. "Legal claim for support or care" means that the recipient has a duty under the law to look after or provide financially for the person with the legal claim for support or care.

14. "Lump-sum payment" means a single payment, such as retroactive monthly Social Security or other benefits, nonrecurring pay adjustments or bonuses, inheritances, lottery winnings, or personal injury and workers' compensation awards.

15. "Notice of adverse action" means a written notice sent to a recipient when the Department takes adverse action under R6-13-141.

16. "Office of Appeals" means the Department's independent, quasi-judicial, administrative hearing body that includes hearing officers appointed under A.R.S. § 41-1992(A).

17. "Recipient" means a person who receives TC payments.

18. "Resources" means the assistance unit's real and personal property and liquid assets.

19. "TC" means Tuberculosis Control, a program administered by the Department that provides monetary assistance to an assistance unit that includes an adult who is certified by the state Tuberculosis Control Officer to have active tuberculosis or suspected tuberculosis, and that satisfies the eligibility requirements in this Article.

20. "Vendor payment" means a payment from a person or organization that is not a member of an assistance unit to a third party to cover an assistance unit's expenses.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-103 Individuals Who May Qualify for Assistance

A. The following persons are eligible for TC payments only if they meet all financial and nonfinancial eligibility requirements:

1. An adult who is certified by the state Tuberculosis Control Officer to have active tuberculosis or suspected tuberculosis,

2. Any person residing with the adult who has a legal claim for support or care from the adult, including:

a. The adult's spouse; and

b. A minor child. Also, a child age 18 if attending a secondary school or a high school equivalency program;

c. A mentally or physically disabled child more than age 18; and

d. A child who is temporarily absent from the home because the child is attending school, as long as the child returns home at least once a year.

B. A person may receive TC payments only if the individual is not eligible to receive Cash Assistance under A.R.S. Title 46, Chapter 2, Article 5.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-104 Applicant Responsibilities at Initial Application

A. A person shall apply for TC payments by submitting an identifiable Department-approved application to an FAA office in person, by mail, fax, or electronic transmittal.

B. An identifiable application means an application that contains:

1. The legible name and address of the applicant; and

2. The signature of the applicant, the applicant's representative, or if the applicant is incompetent or incapacitated, someone legally authorized to act on behalf of the applicant.

C. The application filing date is the date an FAA office receives an identifiable application. If the applicant is eligible, the Department shall pay TC payments calculated from this date.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-105 Department Responsibilities at Initial Application

A. Upon receipt of an identifiable application, the Department shall:

1. Date stamp the application with the application filing date, and

2. Schedule an initial eligibility interview with the applicant at:

a. A location that ensures a reasonable amount of privacy, or

b. A homebound applicant's residence, or

3. Schedule a telephone initial eligibility interview.

B. The Department shall assist the applicant in completing the application if necessary. A completed application shall contain:

1. The names of all persons living in the applicant's dwelling and their relationship to the applicant,

2. A request to receive TC payments, and

3. All financial and nonfinancial eligibility information requested on the application form.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-106 Applicant Responsibilities at the Initial Interview

A. The applicant shall attend the interview. A person of the applicant's choosing may also attend and participate in the interview with the applicant.

B. Missed appointments.

1. If the applicant misses a scheduled appointment for an interview, the applicant shall:

a. Request to reschedule the interview no later than close of business on the day of the missed appointment, and

b. Attend the second scheduled appointment.

2. If the applicant fails to comply with the requirements in subsection (B)(1)(a) or (b) without good cause, the Department shall deny the application, and the applicant shall reapply in order to receive TC payments. Good cause for failure to comply with the requirements in subsection (B)(1)(a) or (b) is any unanticipated occurrence that, in the discretion of the Department, made it impossible or unreasonable for the applicant to attend the interview or contact the local office.

C. An applicant for assistance shall:

1. Give the Department complete and truthful information;

2. Inform the Department of all changes in income, assets, or other circumstances affecting eligibility that occur after the date of application for TC payments;

3. Comply with Electronic Benefit Transfer (EBT) requirements; and

4. Comply with any other procedural requirements contained in this Chapter or in state or federal law.

D. An applicant shall provide required verification of financial and nonfinancial eligibility information or request assistance from the Department in obtaining the information.

1. An applicant shall provide the Department with all requested verification of financial and nonfinancial eligibility factors, or request the Department's assistance in obtaining the requested verification, within 10 calendar days from the date of a written request for such information.

2. An applicant shall provide the Department with verification of financial and nonfinancial eligibility factors by submitting to the Department:

a. Documents originating from an agency, organization, or individual qualified to have knowledge of the provided information; or

b. When documents required in subsection (D)(2)(a) are not available to the applicant, the name, telephone number, and address of an agency, organization, or individual qualified to have knowledge of the requested eligibility information that the Department may use as a collateral contact; or

c. When the items in subsections (D)(2)(a) and (b) are not available, a signed written statement from the applicant that describes facts specific to an eligibility factor. The Department shall not accept an applicant's signed written statement as acceptable verification of identity, relationship of household members, or expenses.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-107 Agency Responsibilities at the Initial Interview

A. During the initial interview, a Department representative shall:

1. Discuss how the applicant and the other assistance unit members previously met their needs and why they now need financial assistance;

2. Provide the applicant with written information explaining:

a. The terms, conditions, and obligations of the TC program;

b. Any additional required verification information that the Department requires the applicant to provide in order to conclude the eligibility evaluation;

c. The Department's practice of exchanging eligibility and income information through the State Verification and Exchange System (SVES);

d. The coverage and scope of the TC program;

e. Related services that may be available to the applicant;

f. The applicant's rights, including the right to appeal adverse action;

g. The requirement to report all changes, as specified in R6-13-138, within 10 calendar days from the date the change becomes known; and

h. Other benefits for which any person in the assistance unit is potentially eligible and the requirement that any person in the assistance unit apply for and, if eligible, accept those other benefits;

3. Inform the applicant that the Department shall assist the applicant in obtaining required verification at the request of the applicant, when the verification provided by the applicant is insufficient to complete an eligibility determination, or when the required verification is difficult or impossible for the applicant to obtain;

4. Review the penalties for perjury and fraud, as printed on the application;

5. Review any verification information provided with the application or at the initial interview;

6. Review all ongoing reporting requirements and the potential consequences for failure to make timely reports, including overpayment liability; and

7. Offer an applicant who is a United States citizen the opportunity to register to vote and provide the applicant with a voter registration form if requested.

B. The Department shall obtain independent verification or corroboration of information provided by the applicant when required by law, or when necessary to determine eligibility or benefit level.

C. The Department may verify or corroborate information by any reasonable means, including:

1. Contacting third parties, such as employers;

2. Asking the applicant to provide documented verification, such as billing statements or pay stubs;

3. Asking the applicant to provide a signed written statement that describes facts specific to an eligibility factor when documented or collateral verification is not available;

4. Conducting a computer data match through SVES; and

Referring a case to the Department's Office of Special Investigations (OSI) for investigation when:

a. The Department has a valid reason to suspect that an act has been committed for the purpose of deception, misrepresentation, or concealment of information relevant to a determination of eligibility or the amount of a benefit payment; or

b. The Department has a valid reason to suspect the commission of theft or fraud related to TC eligibility or payments, or any conduct listed in A.R.S. § 46-215.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-108 Processing the Initial Application

A. The Department shall complete the eligibility determination and benefit level computation within 30 calendar days of the initial application filing date, unless:

1. The applicant withdraws the application. An applicant may withdraw an application at any time before the Department completes an eligibility determination by requesting the withdrawal from the Department either verbally or in writing.

a. If an applicant verbally requests to withdraw an application, the Department shall:

i. Document the names of individuals and the types of benefits or services from which the applicant wishes to withdraw, and

ii. Deny the application and notify the applicant.

b. A withdrawal is effective as of the date of initial application.

c. When an applicant withdraws an application, an applicant may file a new application to request TC payments.

The applicant dies. If an applicant dies while the application is pending, the Department shall deny the application.

3. The Department is aware of a delay in receiving verification of a required eligibility factor. In this case, the Department shall assist the applicant in obtaining the required verification, even if the delay extends beyond 30 days.

B. The Department shall deny an application and send the applicant a written notice of denial that shall include an explanation of appeal rights when the applicant fails to:

1. Complete the application under R6-13-105(B);

2. Complete an eligibility interview under R6-13-106;

3. Cooperate with all required Department procedures without good cause; however, the Department shall not deny the application for this reason unless the Department has advised the applicant of these procedural requirements in writing;

4. Meet all of the mandatory financial and nonfinancial eligibility criteria used to establish eligibility for the TC program; or

5. Meet the verification requirements in R6-13-106(D).

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-109 Case Record

A. The case record shall contain all data collected or used by the Department in evaluating and determining eligibility and benefit amount.

B. The Department shall maintain a case record for every TC applicant or recipient. The case record shall include all documents maintained or stored in any format.

C. Except as otherwise provided in subsections (D) and (E), the Department shall retain the case record for a period of three years after the last date the Department denied TC assistance to an applicant or terminated TC assistance to a recipient.

D. The Department shall retain a case record that contains an unpaid overpayment until:

The overpayment is paid back in full, or

2. The Department no longer requires the assistance unit to repay the overpayment.

E. The Department shall retain a case record that includes a disqualification imposed under A.R.S. § 13-3418, an Intentional Program Violation (IPV), or any other disqualification or sanction that prohibits the receipt of assistance.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-110 Confidentiality

The Department shall maintain the confidentiality of a TC applicant's or recipient's records and limit the release of safeguarded information to the Department of Health Services and as prescribed under 6 A.A.C. 12, Article 1 and 9 A.A.C. 6, Article 1.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-111 Manuals

The Department shall make the FAA Manual, as defined in R6-13-102, available to the public on the Department's web site, and each FAA office shall make the FAA Manual accessible for public inspection during regular business hours.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-112 Nonfinancial Eligibility Determination

A. Age. An applicant for TC payments shall be at least 18 years of age.

B. Identity. An applicant for TC payments shall provide the Department with verification that reasonably establishes the applicant's identity.

1. Verification that reasonably establishes identity includes:

a. A driver license or state-issued identification card that contains a photo of the applicant;

b. Documents such as the applicant's birth certificate, school identification card, citizenship and immigration documents, identification card from health benefits or other social service programs, wage stubs, work identification card, voter registration card, or other similar documents; or

c. Collateral verification, as defined at R6-13-102, from an individual who shall not benefit from the applicant's receipt of TC payments.

2. An applicant's written statement is not sufficient verification of identity.

C. Tuberculosis Certification. An applicant must be certified by the state Tuberculosis Control Officer to have active or suspected tuberculosis.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-113 Resource Limitations

A. An applicant is not eligible for TC payments if the applicant has resources in excess of the following, after applying the exclusions in subsection (B):

1. $1000 for an assistance unit consisting of only the applicant.

2. $1400 for an assistance unit consisting of the applicant and the applicant's spouse.

B. The Department shall exclude the equity value of the resources listed below:

1. The homestead property of the assistance unit, as defined in R6-13-102, not to exceed a current equity of $50,000;

2. Household furnishings that the assistance unit members use in their residence and personal effects essential for day-to-day living;

3. The current equity value up to $1500 of one vehicle in the assistance unit. When two or more vehicles are owned, the Department shall apply the exclusion to the vehicle with the highest equity value. Jointly owned vehicles with ownership records containing the word "or" between the owners' names are available in full to each owner unless it can be proven by the assistance unit member that the vehicle is not available to him or her or not in the assistant unit member's possession. When more than one owner is a member of an assistance unit, the equity value of the resource is counted only once;

4. Funds established in connection with settling liability claims concerning Agent Orange death or disability; and

5. Any other resource specifically excluded by law.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-114 Resource Verification

The Department shall verify all resources.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-115 Availability and Ownership of Resources

A. The Department shall consider a resource as countable to the assistance unit only when the resource is legally and physically available or in the possession of the assistance unit member.

B. The Department shall consider the availability of property to the assistance unit based on the type of ownership.

1. The sole and separate property of one spouse is available to the other spouse only when the spouse/owner makes the property available. A resource shall be considered sole and separate property only when obtained in one of the following ways:

a. Before the present marriage, or

b. At any time by gift or inheritance.

2. Jointly owned resources with ownership records containing the words "and" or "and/or" between the owners' names are deemed available when all owners can be located and consent to disposal of the resource, except that such consent is not required when all owners are members of the assistance unit.

C. The Department considers the following resources unavailable to the assistance unit:

1. Any resource owned solely by a spouse who is receiving Supplemental Security Income (SSI) paid by Title XVI of the Social Security Act.

2. Resources disputed in divorce proceedings or in probate matters.

3. Real property situated on a Native American reservation.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-116 Nonrecurring Lump-sum Payments

A. The Department shall count nonrecurring lump-sum payments, as defined in R6-13-102, as a resource in the month received.

B. The Department shall count any part of a lump-sum payment that recurs in future months as income in the month received.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-117 Treatment of Income; Overview

A. "Income" shall include the following when actually received by the assistance unit:

Gross earned wages from public or private employment before any deductions;

2. In-kind income, as defined in R6-13-102;

3. For self-employed persons, the sum of gross business receipts minus business expenses;

4. Unearned monetary gains such as benefits or assistance grants, minus any deductions to repay prior overpayments or attorney fees; and

5. A prorated share of any Cash Assistance program benefit received by the applicant's spouse.

B. In determining eligibility, the Department shall consider all gross income available to the assistance unit, except those types of income excluded under R6-13-118.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-118 Income Exclusions

The Department shall not count the types of income in this Section when determining the income available to an assistance unit.

1. One-half of the countable income of the applicant's spouse;

2. One-half of the prorated share of any Cash Assistance program benefit received by the applicant's spouse;

Loans;

4. Educational grants or scholarships;

5. Income tax refunds;

6. The value of Nutrition Assistance (NA) program benefits and benefits from the Special Supplemental Food Program for Women, Infants, and Children (WIC);

7. Energy assistance payments or allowances provided under any federal, state, or local law, including Negative Rent Utility Payments issued by the Department of Housing and Urban Development for the purpose of energy assistance;

8. Vendor payments, as defined in R6-13-102;

9. Vocational rehabilitation program payments made as reimbursements for training-related expenses, subsistence and maintenance allowances, and incentive payments that are not intended as wages;

10. Agent Orange payments;

11. Burial benefits that are dispersed solely for burial expenses;

12. Reimbursements for work-related expenses that do not exceed the actual expense amount;

13. Insurance payments issued to repay a specific bill, debt, or estimate that cannot be used to meet basic daily needs such as housing, food, or other personal expenses;

14. Attorney fees that are included in the gross payment of industrial compensation paid under the workers' compensation law or in legal settlements;

In-kind income, as defined in R6-13-102;

16. Earned income received from employment through the Workforce Investment Act (WIA), including earnings received from on-the-job-training; and

17. Any other income specifically excluded by applicable state or federal law.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-119 Determining Income Eligibility and a Cash Benefit Amount for an Assistance Unit

A. To determine the countable monthly income of an assistance unit, the Department shall:

1. Calculate a countable monthly gross income amount using the methods listed in R6-13-120, and

2. Calculate a countable monthly net income by subtracting the applicable earned income deduction in R6-13-123 from the countable monthly gross income.

B. The Department shall determine the cash benefit amount by subtracting the countable monthly net income from the TC Payment Standard for the number of eligible TC recipients in the assistance unit as prescribed in R6-13-124.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-120 Determining Monthly Gross Income

A. The Department shall calculate an assistance unit's countable monthly gross income by converting countable income received other than monthly into a monthly amount using the methods in R6-13-121.

B. The Department shall include in its calculation all gross income from every source available to the assistance unit as provided in R6-13-117, unless specifically excluded in R6-13-118 or by federal or state law.

C. The Department shall include in its calculation income that the assistance unit has received and reasonably expects to receive in a benefit month and that is based on the Department's reasonable expectation and knowledge of the assistance unit's current, past, and anticipated future circumstances.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-121 Methods to Determine Monthly Income

A. The Department shall convert income received in a regular amount on an ongoing basis into a monthly amount as follows:

1. Multiply weekly amounts by 4.3,

2. Multiply biweekly amounts by 2.15,

3. Multiply semimonthly amounts by 2,

4. Divide quarterly amounts by 3,

5. Divide semiannual amounts by 6, and

6. Divide annual amounts by 12.

B. Averaging income.

1. The Department shall average income for an assistance unit that receives income:

a. Irregularly; or

b. Regularly, but from sources or in amounts that vary.

2. When using this method, the Department shall add together income from a representative number of weeks or months and then divide the resulting sum by the same number of weeks or months.

C. Prorating income.

1. Except as provided in subsection (C)(2), the Department shall prorate income when an assistance unit receives income from a fixed-term employment contract in the following manner:

a. Income is prorated over the number of months the contract is intended to cover, unless the contract specifies piecemeal or hourly income.

b. Applicable earned income disregards apply as if the assistance unit received the prorated amounts in each month of the contract.

2. The Department shall count income in the month received using the income conversion methods in subsections (A) and (B) when the contract specifies that the assistance unit will receive income on a piecemeal or an hourly basis.

D. Actual income. The Department shall use the actual income of an assistance unit that:

1. Receives or reasonably expects to receive less than a full month's income from a new source,

2. Receives or reasonably expects to receive less than a full month's income from a terminated source of income, or

3. Is paid daily.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-122 Income Verification

The Department shall verify all income as provided in R6-13-107 before determining eligibility and benefit amount.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-123 Earned Income Deduction

For the purpose of determining the countable monthly net income in R6-13-119(A)(2) and for use in the TC Payment Standard Test as provided in R6-13-124, the Department shall deduct a $24 work expense deduction from the countable monthly earned income of each employed person in the assistance unit.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-124 Determining Income Eligibility and Cash Benefit Amount

A. To determine income eligibility for a TC cash benefit, the Department shall:

Establish whether to use an A-1 Standard or an A-2 Standard shelter cost factor to complete the financial determination.

a. The Department shall use the A-1 Standard when:

i. The assistance unit pays, or has an obligation to pay, all or part of the shelter costs for the place in which assistance unit members reside. Shelter costs include rent, mortgage, and property taxes;

ii. The assistance unit members reside in subsidized public housing; or

iii. A member of the assistance unit works in exchange for rent.

b. The Department shall use the A-2 Standard:

i. For all circumstances not covered under subsection (A)(1)(a), or

ii. When an organization or a person who is not a member of the assistance unit pays shelter costs for three consecutive months or longer.

2. Conduct a TC Payment Standard Test.

a. Using the size of the assistance unit and the applicable A-1 or A-2 Standard, the Department shall compare the countable monthly net income to the applicable maximum TC cash benefit amount shown on the TC Payment Standard chart in subsection (A)(3).

b. If the countable monthly net income is at least one dollar less than the TC maximum cash benefit amount, the household is eligible for TC benefits. If the countable monthly net income is equal to or greater than the TC maximum cash benefit amount, the assistance unit is ineligible for TC benefits.

3. The TC Payment Standard Chart.

| Number of Individuals | Maximum Monthly TC Cash Benefit For A-1 Standard (Based on 0 Countable Income) | Maximum Monthly TC Cash Benefit For A-2 Standard (Based on 0 Countable Income) | | --- | --- | --- | | 1 | $173 | $108 | | 2 | $233 | $145 | | 3 | $293 | $183 | | 4 | $353 | $220 | | 5 | $412 | $258 | | 6 | $472 | $295 | | Each additional | $60 | $38 |

B. To determine the amount of the cash benefit payment:

1. The Department shall deduct the countable monthly net income from the maximum cash benefit amount, as shown in the chart in subsection (A)(3), and round the difference down to the next whole dollar. The Department shall pay that amount to the assistance unit.

2. The Department shall prorate the initial month's benefits by the number of days remaining in the month from the application filing date.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-125 Benefit Payments

A. The Department shall pay benefits to an assistance unit for each month in which the Department determines it to be eligible.

B. The Department shall make benefits available no later than the 30th day following the date of application for the initial month, and on the first day of each month for which the assistance unit is eligible thereafter.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-126 Payment Method

The Department shall provide benefit payments by making direct deposits into:

1. An Electronic Benefit Transfer (EBT) account established for the assistance unit by the Department, or

2. A financial institution account established by the recipient.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-127 EBT Card Issuance

A. The Department shall authorize access to an EBT account to:

1. The recipient; or

2. An EBT Alternate Card Holder, as provided in R6-13-128.

B. The Department shall:

1. Provide the recipient with a brochure that explains EBT usage,

2. Inform the recipient that the EBT card will be issued to the recipient by mail,

3. Provide the recipient with the EBT provider's Customer Service Hotline telephone number in order for the recipient to obtain a Personal Identification Number (PIN) and to report EBT account problems, and

4. Inform the recipient about the availability of TC Direct Deposit into an open banking account and the process for establishing Direct Deposit.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-128 EBT Alternate Card Holder

A recipient may designate up to two EBT Alternate Card Holders who shall have full access to the TC benefit available in the EBT account. The EBT Alternate Card Holder shall:

1. Receive his or her own EBT card by mail, and

2. Contact the EBT provider's Customer Service Hotline telephone number in order to obtain a Personal Identification Number (PIN).

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-129 Change in Arizona Residency

When an assistance unit moves to another state, it is entitled to any benefits remaining in its EBT account. The assistance unit may obtain benefits by accessing the account with the EBT card before leaving Arizona or at an Automated Teller Machine (ATM) displaying the QUEST symbol in the assistance unit's new state of residence.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-130 Replacing Lost, Stolen, or Damaged Cards

The assistance unit shall report a lost, stolen, or damaged EBT account access card as soon as possible, either by telephone to the EBT 24-hour Customer Service Hotline or to the Department during normal business hours.

1. Any funds removed from an EBT account prior to the assistance unit's reporting the card as lost or stolen will not be replaced.

2. When the client reports a lost, stolen, or damaged EBT account access card by telephone to the EBT 24-hour Customer Service Department, the EBT 24-hour Customer Service Department shall deactivate the EBT account access card and shall issue a new card by mail.

3. The Department shall issue a replacement card when the recipient reports having not received a new EBT account access card by mail by the close of business on the fourth workday following the date the recipient requested a replacement card from the EBT 24-hour Customer Service Department.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-131 Inactive Accounts; Unused Benefits

The assistance unit shall retain the right to access the EBT account for one year from the original date of benefit availability, regardless of the status of the TC case.

1. If the assistance unit does not access an EBT account for 60 days, the Department shall notify the assistance unit in writing. The notice shall state that immediate access to the EBT account will terminate in 30 days unless the assistance unit contacts the Department or accesses the EBT account.

2. The assistance unit shall lose immediate access to any benefits in an EBT account that has been inactive for 90 days. To regain access to these benefits, the assistance unit shall contact the Department and request that it reinstate the assistance unit to the EBT account.

3. If the assistance unit has not accessed benefit payments in an EBT account for 365 days after the original date of availability, the Department shall recoup the benefits, and the assistance unit shall lose all rights to regain those benefits.

4. Upon the death of a TC payment recipient, the Department shall recoup from the EBT account any TC payments paid to the recipient after the month of the recipient's death.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-132 Supplemental Payments

A. The Department shall correct underpayments of TC assistance by issuing the assistance unit a supplemental payment regardless of whether the underpaid individual is eligible on the date the supplemental payment is issued.

B. The Department shall not count such supplemental payments as a resource or as income.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-133 Overpayments: Date of Discovery; Collection

An overpayment exists when an assistance unit receives a TC payment that exceeds the amount the assistance unit was eligible to receive.

1. The Department shall pursue collection of all overpayments under A.R.S. § 46-213.

2. The Department shall send the recipient a notice of overpayment within 90 days of the date of discovery. The date of discovery is the date the FAA has all of the information necessary to accurately calculate a potential overpayment and writes an overpayment report to the Department's Office of Accounts Receivable and Collections (OARC).

3. If the FAA suspects that fraudulent activity caused the overpayment, the FAA shall refer the potential overpayment to the Department's Office of Special Investigations (OSI) for further investigation and potential prosecution. The overpayment report may be delayed pending the outcome of the OSI investigation.

4. The Department's failure to comply with the time-frame in subsection (2) shall not affect the validity or collection of the overpayment.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-134 Methods of Collection and Recoupment

A. When an overpaid assistance unit is currently receiving benefits, the Department shall seek recovery using one or more of the following repayment methods:

Offset against any amounts underpaid to the assistance unit and due in the current month;

2. Cash payments;

3. Reduction in current benefits in an amount not to exceed 10% of the assistance unit's monthly payment, unless the assistance unit desires a larger reduction; or

4. A combination of the above methods.

B. If the assistance unit is not receiving benefits, the Department shall pursue recovery by appropriate action under state law.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-135 Overpayment Calculation Date

When determining an overpayment amount, an assistance unit's overpayment period begins in one of the following:

1. The benefit month for which an initial TC payment is issued, when the assistance unit was ineligible for the amount of assistance paid; or

2. The first day of the second month following the month in which a change that caused the overpayment of the TC payment occurred.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-136 Completion of Treatment

When the Department of Health Services notifies the FAA that an individual receiving TC payments has completed treatment for active or suspected tuberculosis, that individual is no longer eligible for TC payments.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-137 Eligibility Review

A. The Department shall complete a review of all eligibility factors for each assistance unit at least once every six months. The first eligibility review shall begin in the fifth month following the first month of TC eligibility.

B. The Department shall mail, or otherwise transmit as provided by law, the recipient a notice 30 days prior to the Department's review date advising the recipient of the need for a review. The recipient shall file an application and complete a review interview by the date specified on the notice.

C. The Department shall schedule and conduct a review interview in the same manner as an initial interview, described in R6-13-106.

D. The Department shall verify the assistance unit's resources and income and any eligibility factors that have changed or are subject to change. The Department shall also verify with the state Tuberculosis Control Officer that the individual continues to have active or suspected tuberculosis and that the individual continues to receive treatment for that condition. The Department may verify other factors if current verification is not in the case file.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-138 Requirement to Report Changes

A. The assistance unit shall report, verbally or in writing, all changes that have the potential to affect eligibility or the benefit amount within 10 days from the date the change becomes known. This includes changes to any of the following:

Residential address;

2. Shelter expenses to establish the applicable A-1 or A-2 shelter cost factor used to complete the financial eligibility determination, described in R6-13-124;

3. Sources and amounts of income, financial assistance, or any other assistance that provides help to the assistance unit members in meeting their needs;

4. Disability and employability status of the TC payment recipient;

5. Approval or denial of federal disability benefits by the Social Security Administration;

6. Individuals residing in the home; and

7. Types, sources, and amounts of resources.

B. The assistance unit shall provide any verification of changes requested in writing by the Department on or before the verification due date specified on the Department's request for verification, using the verification methods prescribed in R6-13-106.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-139 Agency Responsibilities for Processing Changes

A. The Department shall redetermine eligibility for TC benefits and, if applicable, recalculate a TC benefit amount when the assistance unit reports a change directly to the Department, when someone acting on behalf of the assistance unit reports a change, or if an automated system report reveals a change.

B. When a change results in either a decrease in the cash benefit or renders the assistance unit ineligible for TC payments, the Department shall effect the change within 10 days from the date the change was reported, when possible, using one of the following methods:

1. Reduce the benefit or terminate eligibility for the first possible month allowing time for notice of adverse action requirements prescribed in R6-13-141, without further verification, if there is sufficient and reliable information to effect the change; or

2. Attempt to obtain verification by the 10th day from the date the change was reported when there is not sufficient information to effect the change without additional verification. The Department shall:

a. Send the assistance unit a written request for verification with a due date that is the 10th day from the date the verification is requested; and

b. Contact third parties to obtain the needed verification, when possible.

C. If the assistance unit fails to provide the requested verification by the due date and does not request assistance from the Department to obtain the verification, the Department shall terminate TC payments for the first possible month, allowing time for notice of adverse action requirements prescribed in R6-13-141.

D. When a reported change results in an increase in the cash benefit, the Department shall effect the increase only after the change has been verified. The Department shall send the assistance unit a written request for verification with a due date that is 10 days from the date the Department mails the written request, or otherwise transmits the written request as provided by law.

1. When the assistance unit provides the requested verification on or before the due date, the Department shall increase the cash benefit for the first monthly payment issued after the date the change is reported.

2. When the assistance unit provides the requested verification after the due date, the Department shall increase the cash benefit for the first monthly payment issued after the date the verification is received.

3. When the assistance unit does not provide the requested verification, the Department shall not increase the cash benefit but shall continue issuing the current cash benefit amount.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-140 Reinstatement of Terminated Benefits

A. The Department shall reinstate terminated benefit payments within 10 calendar days when:

1. The Department terminated benefit payments in error,

2. The Department receives a court order or administrative hearing decision mandating reinstatement, or

3. The recipient timely files a request for fair hearing and requests continued benefits as provided in R6-13-146.

B. When a six-month review under R6-13-137 was not completed due to the termination of benefits, the Department shall conduct the review at the earliest opportunity following reinstatement.

History

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

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-142 Entitlement to a Hearing; Appealable Action

A. An applicant or recipient who appeals an adverse action is entitled to request an administrative hearing to challenge the action as provided in this Article.

B. An adverse action resulting from a uniform change in federal or state law is not appealable unless the Department misapplies the law to the person seeking the hearing.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-143 Computation of Time

A. In computing any time period:

1. "Day" means a calendar day;

2. "Workday" means Monday through Friday, excluding Arizona state holidays;

3. The Department does not count the date of the act, event, notice, or default from which a designated time period begins to run as part of the time period; and

4. The Department counts the last day of the designated time period unless it is a Saturday, Sunday, or Arizona state holiday.

B. The Department deems a document that the Department mailed as given to the addressee on the date mailed, or otherwise transmitted as provided by law, to the addressee's last known address. The Department presumes that the mailing date is the date shown on the document unless the facts show otherwise.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-144 Request for Hearing: Form; Time Limits; Presumptions

A. A person who wishes to appeal an adverse action shall make a verbal or written request for a hearing to the FAA within 30 days of the date on the notice or letter advising the person of the adverse action. The FAA shall provide a form for this purpose and, upon request, shall help an appellant complete the form. If the person makes a verbal request for hearing, the FAA shall reduce the appeal and the stated reasons for the appeal to writing, record the date of the verbal request, and forward the request to the Office of Appeals.

B. An appellant shall include the following information in the request for hearing:

1. Name, address, and telephone number of the individual subject to the adverse action;

2. A description of the adverse action that is the subject of the appeal;

The date of the notice of adverse action; and

4. A statement explaining why the adverse action is unauthorized, unlawful, or an abuse of discretion.

C. The Department shall process an appeal even if the request does not include all the information listed in subsection (B), as long as the request contains sufficient information for the Department to determine the identity of the appellant.

D. The Department deems a request for hearing filed on:

1. The mailing date as shown by the postmark if the appellant sent the request by first-class mail, postage prepaid, through the United States Postal Service to the Department; or

2. The date the Department actually receives the request, if not mailed as provided in subsection (D)(1).

E. A document is timely filed if the sender of the document can demonstrate that any delay in submission was due to any of the following reasons:

1. Department error or misinformation,

2. Delay or other action by the United States Postal Service, or

3. Delay due to the appellant's changing mailing addresses at a time when the appellant had no duty to notify the Department of the change.

F. When the Office of Appeals receives a request for a hearing that the appellant did not timely file, the Office of Appeals shall schedule a hearing to determine whether the delay in submission is excusable, as provided in subsection (E).

G. An appellant whose appeal the Office of Appeals denies as untimely is entitled to petition for review of this issue as provided in R6-13-158.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-145 Family Assistance Administration: Transmittal of Appeal

A. The FAA shall notify the Office of Appeals of a request for hearing within two workdays of receipt of the request.

B. No less than 10 workdays before the scheduled hearing date, unless otherwise ordered, the FAA shall send the Office of Appeals and the appellant a prehearing summary. The prehearing summary shall include, at a minimum:

1. The appellant's name,

2. The appellant's Social Security number,

3. The local office that issued the adverse action under appeal,

4. A brief summary of the facts leading to the adverse action, and

5. The legal or Administration policy basis for the adverse action.

History

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

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-147 Hearings: Location; Notice; Time

A. The Office of Appeals shall schedule the hearing. The Office of Appeals may schedule a telephonic hearing or permit a witness, upon request, to appear telephonically.

B. Unless the parties stipulate to another hearing date, the Office of Appeals shall schedule the hearing no earlier than 20 days from the date the Department receives the appellant's request for hearing.

C. The Office of Appeals shall mail, or otherwise transmit as provided by law, a notice of hearing to all interested parties at least 20 days before the scheduled hearing date.

D. The notice of hearing shall be in writing and shall include the following information:

1. The date, time, and place of the hearing;

2. The name of the hearing officer;

3. A general statement of the issues involved in the case;

A statement listing the parties' rights as specified in R6-13-152; and

5. A general statement of the hearing procedures.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-148 Postponing the Hearing

A. A party may ask for postponement of a hearing by calling or writing the Office of Appeals and providing good cause as to why the Office of Appeals should postpone the hearing. Good cause exists if circumstances beyond the party's reasonable control make it unduly difficult or burdensome for the party or the party's counsel to attend the hearing on the scheduled date.

B. Except in emergency circumstances, the appellant shall ensure that the Office of Appeals receives the request for postponement at least five workdays before the scheduled hearing date. The Office of Appeals is entitled to deny an untimely request. Emergency circumstances mean circumstances:

1. Beyond the reasonable control of the party,

2. That did not arise until after the five-day period, and

3. That the party could not reasonably anticipate.

C. When the Office of Appeals reschedules a hearing under this Section, the Office of Appeals shall mail, or otherwise transmit as provided by law, the notice of rescheduled hearing at least 11 days prior to the date of the rescheduled hearing.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-149 Hearing Officer: Duties and Qualifications

A. An impartial hearing officer in the Office of Appeals shall conduct all hearings.

B. The hearing officer shall:

1. Administer oaths and affirmations;

2. Regulate and conduct hearings in an orderly and dignified manner that avoids unnecessary repetition and affords due process to all participants;

3. Ensure consideration of all relevant issues;

4. Exclude evidence that is not competent, relevant, or material, or that is unduly repetitious from the record;

5. Request, receive, and incorporate relevant evidence into the record;

6. Subpoena witnesses or documents needed for the hearing upon compliance with the requirements of R6-13-151;

7. Open, conduct, and close the hearing;

8. Rule on the admissibility of evidence offered at the hearing;

9. Direct the order of proof at the hearing;

10. Upon the request of a party, or on the hearing officer's own motion, and for good cause shown, take action the hearing officer deems necessary for the proper disposition of an appeal, including the following:

a. Disqualify himself or herself from the case,

b. Continue the hearing to a future date or time,

c. Reopen the hearing to take additional evidence prior to the entry of a final decision,

d. Deny or dismiss an appeal or request for hearing in accordance with the provisions of this Article,

e. Exclude nonparty witnesses from the hearing room; and

Issue a written decision resolving the appeal.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-150 Change of Hearing Officer; Challenges for Cause

A. A party may request a change of hearing officer as prescribed in A.R.S. § 41-1992(B) by filing an affidavit that shall include:

1. The case name and number,

2. The hearing officer assigned to the case, and

3. The name and signature of the party requesting the change.

B. The party requesting the change shall file the affidavit with the Office of Appeals and send a copy to all other parties at least five days before the scheduled hearing date.

C. A party shall request only one change of hearing officer unless that party is challenging a hearing officer for cause under subsection (E).

D. A party may not request a change of hearing officer once the hearing officer has heard and decided a substantive motion except as provided in subsection (E).

E. At any time before a hearing officer renders a decision, a party may challenge a hearing officer on the grounds that the hearing officer is not impartial or disinterested in the case.

F. A party who brings a challenge for cause shall file an affidavit as provided in subsection (A) and send a copy of the affidavit to all other parties. The affidavit shall explain the reason why the assigned hearing officer is not impartial or disinterested.

G. The hearing officer being challenged for cause may hear and decide the challenge unless:

1. A party specifically requests that another hearing officer make the determination, or

2. The assigned hearing officer disqualifies himself or herself from the decision.

H. The Office of Appeals shall transfer the case to another hearing officer when:

1. A party requests a change as provided in subsections (A) through (D); or

2. The hearing officer is removed for cause, as provided in subsections (E) through (G).

I. The Office of Appeals shall send the parties written notice of the new hearing officer assignment.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-151 Subpoenas

A. A party who wishes to have a witness testify at a hearing or to offer a particular document or item in evidence shall first attempt to obtain the witness or evidence by voluntary means. Department documents are available to the appellant as prescribed in R6-13-152(2).

B. If the party cannot procure the voluntary attendance of the witness or production of the evidence, the party may ask the hearing officer assigned to the case to issue a subpoena for a witness, document, or other physical evidence or to otherwise obtain the requested evidence.

C. The party seeking the subpoena shall send the hearing officer a written request for a subpoena. The request shall include:

1. The case name and number;

2. The name of the party requesting the subpoena;

3. The name and address of any person to be subpoenaed, with a description of the subject matter of the witness's anticipated testimony;

4. A description of any documents or physical evidence the appellant desires the hearing officer to subpoena, including the title, appearance, and location of the item if the appellant knows its location, and the name and address of the person in possession of the item;

5. A statement about the expected substance of the testimony or other evidence as well as the relevance and importance of the requested testimony or other evidence; and

6. A description of the party's efforts to obtain the witness or evidence by voluntary means.

D. A party who wants a subpoena shall ask for the subpoena at least five days before the scheduled hearing date.

E. The hearing officer shall deny the request if the witness's testimony or the physical evidence is not relevant to an issue in the case or is duplicative.

F. The Office of Appeals shall prepare all subpoenas and serve them by mail, except that the Office of Appeals may serve subpoenas to state employees who are appearing in the course of their jobs, by regular mail, hand-delivered mail, electronic mail, or interoffice mail.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-152 Parties' Rights

The claimant and the Department have the following rights:

1. The right to request a postponement of the hearing as provided in R6-13-148;

2. The right to copy before or during the hearing any documents in the Department's file on the appellant and documents the Department might use at the hearing, except documents shielded by the attorney-client or work-product privilege or as otherwise protected by federal or state confidentiality laws;

The right to request a change of hearing officer as provided in A.R.S. § 41-1992(B) and R6-13-150;

4. The right to request subpoenas for witnesses and evidence as provided in R6-13-151;

5. The right to present the case in person or through an authorized representative, subject to any limitations on the unauthorized practice of law in the Rules of the Supreme Court of Arizona, Rule 31;

6. The right to present evidence and to cross-examine witnesses; and

7. The right to further appeal, as provided in R6-13-158 and R6-13-160 if dissatisfied with a decision reached by the Office of Appeals.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-153 Withdrawal of an Appeal

A. An appellant may withdraw an appeal at any time prior to the time the hearing officer renders a decision.

1. An appellant may withdraw an appeal verbally, either in person or by telephone. The Department may record the audio of the withdrawal.

2. An appellant may withdraw an appeal by signing a written statement expressing the intent to withdraw. The Department shall make a withdrawal form available for this purpose.

B. The Office of Appeals shall dismiss the appeal upon receipt of a withdrawal request signed by the appellant or the appellant's representative, or upon receipt of a statement of withdrawal made on the record when the hearing officer has accepted the withdrawal.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-154 Failure to Appear; Default; Reopening

A. If an appellant fails to appear at the scheduled hearing, the hearing officer shall:

1. Enter a default and issue a decision dismissing the appeal, except as provided in subsection (B);

2. Rule summarily on the available record; or

3. Adjourn the hearing to a later date and time.

B. The hearing officer shall not enter a default if the appellant notifies the Office of Appeals before the scheduled time of hearing that the appellant cannot attend the hearing because of good cause and still desires a hearing or wishes to have the matter considered on the available record.

C. A party who did not appear at a scheduled hearing date may file, no more than 10 days after a dismissal date, a request to reopen the proceedings. The request shall be in writing and shall demonstrate good cause for the party's failure to appear.

D. The hearing officer shall set the matter for a hearing to determine whether the appellant had good cause for failing to appear.

E. If the hearing officer finds that the party had good cause for failure to appear, the hearing officer shall reopen the proceedings and schedule a new hearing with notice to all interested parties as prescribed in R6-13-147.

F. Good cause, for the purpose of reopening a hearing, is established if the failure to appear at the hearing and the failure to timely notify the hearing officer were beyond the reasonable control of the nonappearing party. Good cause also exists when the nonappearing party demonstrates excusable neglect for both the failure to appear and the failure to timely notify the hearing officer. "Excusable neglect" has the meaning applied to "excusable neglect" as that term is used in Arizona Rules of Civil Procedure, Rule 60(c).

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-155 Hearing Proceedings

A. The hearing is a de novo proceeding. The Department has the initial burden of going forward with evidence to support the adverse action being appealed.

B. To prevail, the appellant shall prove, by a preponderance of the evidence, that the Department's action was unauthorized, unlawful, or an abuse of discretion.

C. The Arizona Rules of Evidence do not apply at the hearing. The hearing officer may admit and give probative effect to evidence as prescribed in A.R.S. § 23-674(D).

D. The Office of Appeals shall record all hearings. The Office of Appeals need not transcribe the proceedings unless a transcription is required for further administrative or judicial proceedings.

E. The Office of Appeals charges a fee of 15¢ per page for providing a transcript. A party may obtain a waiver of the fee by submitting an affidavit stating that the party cannot afford to pay for the transcript.

F. A party may, at his or her own expense, arrange to have a court reporter present to transcribe the hearing, provided that such transcription does not delay or interfere with the hearing. The Office of Appeal's recording of the hearing shall constitute the official record of the hearing.

G. The hearing officer shall call the hearing to order and dispose of any prehearing motions or issues.

H. With the consent of the hearing officer, the parties may stipulate to factual findings or legal conclusions.

I. Upon request and with the consent of the hearing officer, a party may make opening and closing statements. The hearing officer shall consider any statements as argument and not evidence.

J. A party may testify, present evidence, and cross-examine adverse witnesses. The hearing officer may also take witness testimony or admit documentary or physical evidence on his or her own motion.

K. The hearing officer shall keep a complete record of all proceedings in connection with an appeal.

L. The hearing officer may require the parties to submit memoranda on issues in the case if the hearing officer finds that the memoranda would assist the hearing officer in deciding the case. The hearing officer shall establish a briefing schedule for any required memoranda.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-156 Hearing Decision

A. No later than 60 days after the date the appellant files a request for hearing with the Department, the hearing officer shall render a decision based solely on the evidence and testimony produced at the hearing and the applicable law. The 60-day time limit is extended for any delay necessary to accommodate hearing continuances or extensions, or postponements requested by a party.

B. The hearing decision shall include:

1. Findings of fact concerning the issue on appeal,

2. Citations to the law and authority applicable to the issue on appeal,

3. A statement of the conclusions derived from the controlling facts and law and the reasons for the conclusions,

4. The name of the hearing officer,

5. The date of the decision, and

6. A statement of further appeal rights and the time period for exercising those rights.

C. The Office of Appeals shall mail, or otherwise transmit as provided by law, a copy of the decision to each party's representative or to the party if the party is unrepresented.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-157 Effect of the Decision

A. If the hearing officer affirms the adverse action against the appellant, the adverse action is effective as of the date of the initial determination of adverse action by the Department. The adverse action remains effective until the appellant appeals and obtains a higher administrative or judicial decision reversing or vacating the hearing officer's decision.

B. If the hearing officer vacates, sets aside, or reverses the Administration's decision to take adverse action, the Administration shall not take the action or shall reverse any adverse action taken unless and until the Appeals Board, under A.R.S. § 23-672, or Arizona Court of Appeals issues a decision affirming the adverse action.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-158 Further Administrative Appeal

A. A party can appeal an adverse decision issued by a hearing officer to the Department's Appeals Board as prescribed in A.R.S. § 41-1992(C) and (D) by filing a written petition for review with the Office of Appeals within 15 days of the mailing date, or the transmittal date when transmitted in a manner other than by mail, as provided by law, of the hearing officer's decision.

B. The petition for review shall:

1. Be in writing,

2. Describe why the party disagrees with the hearing officer's decision, and

Be signed and dated by the party or the party's representative.

C. The party petitioning for review shall mail a copy of the petition to all other parties.

D. The Appeals Board is not obligated to have the proceedings of the hearing transcribed.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-159 Appeals Board

A. The Appeals Board shall conduct proceedings in accordance with A.R.S. §§ 41-1992(D) and 23-672.

B. Following notice to the parties, the Appeals Board may receive additional evidence or hold a hearing if the Appeals Board finds that additional information will help in deciding the appeal. The Appeals Board may also remand the case to the Office of Appeals for rehearing, specifying the nature of the additional evidence required or any further issues for consideration.

C. The Appeals Board shall decide the appeal based solely on the record of proceedings before the hearing officer and any further evidence or testimony presented to the Appeals Board.

D. The Appeals Board shall issue and mail, or otherwise transmit as provided by law, to all parties a final written decision affirming, reversing, setting aside, or modifying the hearing officer's decision. The decision of the Appeals Board shall specify the parties' rights to further review and the time for filing a request for review.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-160 Judicial Review

Any party adversely affected by an Appeals Board decision may seek judicial review as prescribed in A.R.S. § 41-1993.

History

  • New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-161 Availability of Tc Payments

The availability of TC payments is subject to budgetary restrictions.

History

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

Article 2 EXPIRED

Ariz. Admin. Code § R6-13-201 Expired

History

  • R6-13-201 recodified from A.A.C. R6-3-201 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-202 Expired

History

  • R6-13-202 recodified from A.A.C. R6-3-202 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-203 Expired

History

  • R6-13-203 recodified from A.A.C. R6-3-203 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-204 Expired

History

  • R6-13-204 recodified from A.A.C. R6-3-204 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-205 Expired

History

  • R6-13-205 recodified from A.A.C. R6-3-205 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-206 Expired

History

  • R6-13-206 recodified from A.A.C. R6-3-206 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-207 Expired

History

  • R6-13-207 recodified from A.A.C. R6-3-207 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-208 Expired

History

  • Reserved section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-209 Expired

History

  • R6-13-209 recodified from A.A.C. R6-3-209 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-210 Expired

History

  • Reserved section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-211 Expired

History

  • R6-13-211 recodified from A.A.C. R6-3-211 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-212 Expired

History

  • R6-13-212 recodified from A.A.C. R6-3-212 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-213 Expired

History

  • Reserved section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-214 Expired

History

  • R6-13-214 recodified from A.A.C. R6-3-214 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-215 Expired

History

  • R6-13-215 recodified from A.A.C. R6-3-215 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-216 Expired

History

  • R6-13-216 recodified from A.A.C. R6-3-216 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).

Article 3 EXPIRED

Ariz. Admin. Code § R6-13-301 Expired

History

  • R6-13-301 recodified from A.A.C. R6-3-301 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 617, effective August 31, 2004 (Supp. 05-1).
Ariz. Admin. Code § R6-13-302 Expired

History

  • R6-13-302 recodified from A.A.C. R6-3-302 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-303 Expired

History

  • R6-13-303 recodified from A.A.C. R6-3-303 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-304 Expired

History

  • R6-13-304 recodified from A.A.C. R6-3-304 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-305 Expired

History

  • R6-13-305 recodified from A.A.C. R6-3-305 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-306 Expired

History

  • R6-13-306 recodified from A.A.C. R6-3-306 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-307 Expired

History

  • R6-13-307 recodified from A.A.C. R6-3-307 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 617, effective August 31, 2004 (Supp. 05-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-308 Expired

History

  • Reserved section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-309 Expired

History

  • R6-13-309 recodified from A.A.C. R6-3-309 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-310 Expired

History

  • R6-13-310 recodified from A.A.C. R6-3-310 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-311 Expired

History

  • R6-13-311 recodified from A.A.C. R6-3-311 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-312 Expired

History

  • Reserved section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-313 Expired

History

  • R6-13-313 recodified from A.A.C. R6-3-313 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-314 Expired

History

  • R6-13-314 recodified from A.A.C. R6-3-314 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-314.01 Expired

History

  • R6-13-314.01 recodified from A.A.C. R6-3-314.01 effective February 13, 1996 (Supp. 96-1). R6-13-314.01 expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-315 Expired

History

  • R6-13-315 recodified from A.A.C. R6-3-315 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective August 29, 2009 (Supp. 09-4).
Ariz. Admin. Code § R6-13-316 Expired

History

  • R6-13-316 recodified from A.A.C. R6-3-316 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective August 29, 2009 (Supp. 09-4).
Ariz. Admin. Code § R6-13-317 Expired

History

  • Reserved section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-318 Expired

History

  • R6-13-318 recodified from A.A.C. R6-3-318 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-319 Expired

History

  • R6-13-319 recodified from A.A.C. R6-3-319 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-320 Expired

History

  • R6-13-320 recodified from A.A.C. R6-3-320 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-321 Expired

History

  • R6-13-321 recodified from A.A.C. R6-3-321 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-322 Expired

History

  • R6-13-322 recodified from A.A.C. R6-3-322 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective August 29, 2009 (Supp. 09-4).

Article 6 REPEALED

Ariz. Admin. Code § R6-13-601 [REPEALED]

History

  • R6-13-601 recodified from A.A.C. R6-3-601 effective February 13, 1996 (Supp. 96-1). Section R6-13-601 repealed by final rulemaking at 18 A.A.R. 1863, effective July 10, 2012 (Supp. 12-3).
Ariz. Admin. Code § R6-13-602 [REPEALED]

History

  • R6-13-602 recodified from A.A.C. R6-3-602 effective February 13, 1996 (Supp. 96-1). Section R6-13-602 repealed by final rulemaking at 18 A.A.R. 1863, effective July 10, 2012 (Supp. 12-3).
Ariz. Admin. Code § R6-13-603 [REPEALED]

History

  • R6-13-603 recodified from A.A.C. R6-3-603 effective February 13, 1996 (Supp. 96-1). Section R6-13-603 repealed by final rulemaking at 18 A.A.R. 1863, effective July 10, 2012 (Supp. 12-3).
Ariz. Admin. Code § R6-13-604 [REPEALED]

History

  • R6-13-604 recodified from A.A.C. R6-3-604 effective February 13, 1996 (Supp. 96-1). Section R6-13-604 repealed by final rulemaking at 18 A.A.R. 1863, effective July 10, 2012 (Supp. 12-3).

Article 7 REPEALED

Ariz. Admin. Code § R6-13-701 [REPEALED]

History

  • R6-13-701 recodified from A.A.C. R6-3-701 effective February 13, 1996 (Supp. 96-1). Section repealed by exempt rulemaking at 9 A.A.R. 3966, effective October 20, 2003 (Supp. 03-3).
  • The following Article heading was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Chapter 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.

Article 8 EXPIRED

Ariz. Admin. Code § R6-13-801 Expired

History

  • R6-13-801 recodified from A.A.C. R6-3-801 effective February 13, 1996 (Supp. 96-1). Amended effective August 4, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 2766, effective October 7, 2020 (Supp. 20-4).
Ariz. Admin. Code § R6-13-802 Expired

History

  • R6-13-802 recodified from A.A.C. R6-3-802 effective February 13, 1996 (Supp. 96-1). Amended effective August 4, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 2766, effective October 7, 2020 (Supp. 20-4).
Ariz. Admin. Code § R6-13-803 Expired

History

  • R6-13-803 recodified from A.A.C. R6-3-803 effective February 13, 1996 (Supp. 96-1). Section repealed; new Section R6-13-803 renumbered from R6-13-804 and amended effective August 4, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 2766, effective October 7, 2020 (Supp. 20-4).
Ariz. Admin. Code § R6-13-804 Expired

History

  • R6-13-804 recodified from A.A.C. R6-3-804 effective February 13, 1996 (Supp. 96-1). Section renumbered to R6-13-803; new Section R6-13-804 renumbered from R6-13-805 and amended effective August 4, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 2766, effective October 7, 2020 (Supp. 20-4).
Ariz. Admin. Code § R6-13-805 Expired

History

  • R6-13-805 recodified from A.A.C. R6-3-805 effective February 13, 1996 (Supp. 96-1). Section renumbered to R6-13-804; new Section R6-13-805 renumbered from R6-13-806 and amended effective August 4, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 2766, effective October 7, 2020 (Supp. 20-4).
Ariz. Admin. Code § R6-13-806 Expired

History

  • R6-13-806 recodified from A.A.C. R6-3-806 effective February 13, 1996 (Supp. 96-1). Section renumbered to R6-13-805; new Section R6-13-806 renumbered from R6-13-807 and amended effective August 4, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 2766, effective October 7, 2020 (Supp. 20-4).
Ariz. Admin. Code § R6-13-807 Expired

History

  • R6-13-807 recodified from A.A.C. R6-3-807 effective February 13, 1996 (Supp. 96-1). Section renumbered to R6-13-806; new Section R6-13-807 renumbered from R6-13-808 and amended effective August 4, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 2766, effective October 7, 2020 (Supp. 20-4).
Ariz. Admin. Code § R6-13-808 Expired

History

  • R6-13-808 recodified from A.A.C. R6-3-808 effective February 13, 1996 (Supp. 96-1). Section renumbered to R6-13-807; new Section adopted effective August 4, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 2766, effective October 7, 2020 (Supp. 20-4).
Ariz. Admin. Code § R6-13-809 Expired

History

  • R6-13-809 recodified from A.A.C. R6-3-809 effective February 13, 1996 (Supp. 96-1). Amended effective August 4, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 2766, effective October 7, 2020 (Supp. 20-4).

Article 9 REPEALED

Ariz. Admin. Code § R6-13-901 Expired

History

  • R6-13-901 recodified from A.A.C. R6-3-901 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 617, effective August 31, 2004 (Supp. 05-1).
Ariz. Admin. Code § R6-13-902 [REPEALED]

History

  • R6-13-902 recodified from A.A.C. R6-3-902 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-903 [REPEALED]

History

  • R6-13-903 recodified from A.A.C. R6-3-903 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-904 [REPEALED]

History

  • R6-13-904 recodified from A.A.C. R6-3-904 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-905 [REPEALED]

History

  • R6-13-905 recodified from A.A.C. R6-3-905 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-906 [REPEALED]

History

  • R6-13-906 recodified from A.A.C. R6-3-906 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-907 [REPEALED]

History

  • R6-13-907 recodified from A.A.C. R6-3-907 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-908 [REPEALED]

History

  • R6-13-908 recodified from A.A.C. R6-3-908 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-909 [REPEALED]

History

  • R6-13-909 recodified from A.A.C. R6-3-909 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-910 [REPEALED]

History

  • R6-13-910 recodified from A.A.C. R6-3-910 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-911 [REPEALED]

History

  • R6-13-911 recodified from A.A.C. R6-3-911 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-912 Expired

History

  • R6-13-912 recodified from A.A.C. R6-3-912 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective August 29, 2009 (Supp. 09-4).
Ariz. Admin. Code § R6-13-913 [REPEALED]

History

  • R6-13-913 recodified from A.A.C. R6-3-913 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-914 [REPEALED]

History

  • R6-13-914 recodified from A.A.C. R6-3-914 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-915 [REPEALED]

History

  • R6-13-915 recodified from A.A.C. R6-3-915 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-916 [REPEALED]

History

  • R6-13-916 recodified from A.A.C. R6-3-916 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-917 [REPEALED]

History

  • R6-13-917 recodified from A.A.C. R6-3-917 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-918 Expired

History

  • R6-13-918 recodified from A.A.C. R6-3-918 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective August 29, 2009 (Supp. 09-4).
Ariz. Admin. Code § R6-13-919 [REPEALED]

History

  • R6-13-919 recodified from A.A.C. R6-3-919 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-920 [REPEALED]

History

  • Former Rule 3-924; Former Section R6-3-920 repealed, new Section R6-3-920 adopted effective March 26, 1976 (Supp. 76-2). R6-13-920 recodified from A.A.C. R6-3-920 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-921 [REPEALED]

History

  • R6-13-921 recodified from A.A.C. R6-3-921 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).
Ariz. Admin. Code § R6-13-922 [REPEALED]

History

  • R6-13-922 recodified from A.A.C. R6-3-922 effective February 13, 1996 (Supp. 96-1). Section repealed by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).

Article 12 EXPIRED

Ariz. Admin. Code § R6-13-1201 Expired

History

  • R6-13-1201 recodified from A.A.C. R6-3-1201 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-1202 Expired

History

  • R6-13-1202 recodified from A.A.C. R6-3-1202 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-1203 Expired

History

  • R6-13-1203 recodified from A.A.C. R6-3-1203 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-1204 Expired

History

  • R6-13-1204 recodified from A.A.C. R6-3-1204 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-1205 Expired

History

  • Reserved section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-1206 Expired

History

  • R6-13-1206 recodified from A.A.C. R6-3-1206 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-1207 Special Investigations Unit

History

  • R6-13-1207 recodified from A.A.C. R6-3-1207 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-1208 Expired

History

  • R6-13-1208 recodified from A.A.C. R6-3-1208 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-1209 Expired

History

  • R6-13-1209 recodified from A.A.C. R6-3-1209 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-1210 Expired

History

  • R6-13-1210 recodified from A.A.C. R6-3-1210 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-1211 Expired

History

  • R6-13-1211 recodified from A.A.C. R6-3-1211 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-1212 Expired

History

  • R6-13-1212 recodified from A.A.C. R6-3-1212 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 157, effective August 28, 2014 (Supp. 15-1).
Ariz. Admin. Code § R6-13-1213 Expired

History

  • R6-13-1213 recodified from A.A.C. R6-3-1213 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 2104, effective August 29, 2009 (Supp. 09-4).

Chapter 14 DEPARTMENT OF ECONOMIC SECURITY - NUTRITION ASSISTANCE PROGRAM

Article 1 FOOD STAMPS - GENERAL INFORMATION AND PROVISIONS

Ariz. Admin. Code § R6-14-101 Expired

History

  • Section R6-14-101 recodified from A.A.C. R6-3-1901 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-102 Expired

History

  • Section R6-14-102 recodified from A.A.C. R6-3-1902 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-103 Expired

History

  • Section R6-14-103 recodified from A.A.C. R6-3-1903 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-104 Expired

History

  • Section R6-14-104 recodified from A.A.C. R6-3-1904 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-105 Expired

History

  • Section R6-14-105 recodified from A.A.C. R6-3-1905 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-106 Expired

History

  • Section R6-14-106 recodified from A.A.C. R6-3-1906 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-107 Expired

History

  • Section R6-14-107 recodified from A.A.C. R6-3-1907 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-108 Expired

History

  • Section R6-14-108 recodified from A.A.C. R6-3-1908 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-109 Expired

History

  • Section R6-14-109 recodified from A.A.C. R6-3-1909 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-110 Expired

History

  • Section R6-14-110 recodified from A.A.C. R6-3-1910 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-111 Definitions

For purposes of this Section, the following terms are defined as follows:

1. "Adjusted net income". Income remaining after all deductions from gross income.

2. "Adverse action". The reduction or termination of program benefits within the certification period.

3. "Alien lawfully admitted to the United States". An alien legally admitted to the United States by the U.S. Immigration and Naturalization Service. An alien legally admitted to the United States may or may not be legally admitted for permanent residence or residing under color of law.

4. "Alien lawfully admitted to the United States for permanent residence". An alien permitted to reside continuously in the United States, as specified by appropriate documentation which the alien must have in the alien's possession at all times.

5. "Allotment". The total value of coupons a household is authorized to receive during each month or any specified time period.

6. "Annualization of income". The division of yearly gross income by 12 to arrive at the monthly average.

7. "Anticipated income". Income which is not yet available to meet needs but which is expected to become available.

8. "Appeal". An individual's written statement requesting a hearing to contest action to be taken or previously taken by the Department.

9. "Applicant". A person who applies for program benefits for the that person and/or others.

10. "Assets". All items owned by an individual which have a monetary value.

11. "A.T.P.". Authorization to Participate in the Food Stamp Program.

12. "Authorized representative". A person authorized by an individual to act in the individual's behalf.

13. "Basis of issuance or benefit level". The amount of coupons for which the household is eligible, based on household size and adjusted net income.

14. "Boarding house". A commercial enterprise which offers meals and lodging for compensation.

15. "Certification". Approval of the household's application and determination of basis of issuance and period of eligibility.

16. "Citizen". An individual born or naturalized in the United States, which is defined, for program purposes, as the 50 states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and Swain's Island.

17. "Collateral contact". An individual, agency, or organization contacted to confirm statements presented by the applicant and/or participant.

18. "Color of Law". A legal status which a lawfully admitted alien may claim if the alien can satisfactorily prove that the alien has continuously resided in the United States since June 30, 1948.

19. "Coupon". Any coupon, stamp, or certification provided pursuant to the Food Stamp Act of 1977 for the purchase of eligible food.

20. "Denial". The formal disapproval of an application for program benefits.

21. "Department". The Department of Economic Security.

22. "Drug and/or alcoholic treatment and rehabilitation center". A center providing treatment and rehabilitation programs by a private nonprofit organization.

23. "Earned income". Compensation received as wages, salaries, commissions, or profit, through employment or self-employment.

24. "Eligible food". Any food for human consumption; seeds and plants to grow foods for the personal consumption of the eligible household; delivered meals and meals served at approved communal dining facilities and rehabilitation treatment centers.

25. "Eligibility worker". Department employee responsible for the determination of eligibility of the applicant households.

26. "Equity value". The fair market value less encumbrances.

27. "F.N.S.". Food and Nutrition Service, a division of the United States Department of Agriculture.

28. "Fraud". An action, punishable by law, in which a person has knowingly, willfully, and with deceitful intent obtained benefits for which the person was not eligible.

29. "Hearing". The process of reviewing a client's situation for the purpose of deciding whether or not action taken or intended action by the Department is correct.

30. "Home visit". A visit by an Eligibility Worker to the client's place of residence to verify eligibility factors for program benefits.

31. "Home and land contiguous thereto". The residential real property owned by a client, both land improvements on which client is living, as well as any land immediately touching which is also owned by the client.

32. "Identification card". A card which identifies the bearer as eligible to receive and use food coupons.

33. "In kind". Any gain or benefit which is not in the form of money payable directly to the household, such as meals, clothing, public housing, produce from a garden, and vendor payments.

34. "Institution of higher education". Any institution providing post-high-school education, including, but not limited to, colleges, universities, and vocational or technical schools at the post-high-school level.

35. "Liquid resources". Financial instruments which can be converted to cash quickly (such as stocks, bonds, savings certificates, notes, sales contracts, etc.).

36. "Minor child". A person under age 18 and under parental control.

37. "Non-eligible food". Hot foods and hot food products prepared for immediate over-the-counter service, alcoholic beverages, tobacco, pet foods and supplies, soap, and paper products.

38. "Overissuance". The amount of a coupon allotment received by a household which is in excess of what it was eligible to receive.

39. "Parental control". A child under the age of 18 years and under the control of the parent or any adult other than natural parents (in loco parentis).

40. "Project area". The county or geographic entity designated as the administrative unit for program operations.

41. "Recertification". A re-evaluation of all eligibility factors.

42. "Restoration of lost benefits". Issuance of coupons to an eligible household that did not receive benefits or the correct amount of benefits due to an error caused by the Department.

43. "Retroactive benefits". An issuance of coupons to an eligible household who experienced a delay in the processing of the application.

44. "Roomer". Individual to whom lodging is furnished for compensation.

45. "Spouse". One of 2 individuals who are married to each other under applicable state law or who are living together and holding themselves out to the community as husband and wife.

46. "Student". An individual 18 years of age or older and attending, at least half time, a post-high-school institution of higher education (as defined for program purposes).

47. "United States citizen". A person who was born in the United States or naturalized in the United States and has maintained United States citizenship status.

48. "U.S.D.A.". United States Department of Agriculture.

49. "Vendor payments". Money payments made on behalf of the household to another by a 3rd party.

History

  • Section R6-14-111 recodified from A.A.C. R6-3-1911 effective February 13, 1996 (Supp. 96-1).

Article 2 EXPIRED

Ariz. Admin. Code § R6-14-201 Expired

History

  • R6-14-201 recodified from A.A.C. R6-3-2001 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-202 Expired

History

  • R6-14-202 recodified from A.A.C. R6-3-2002 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-203 Expired

History

  • R6-14-203 recodified from A.A.C. R6-3-2003 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-204 Expired

History

  • R6-14-204 recodified from A.A.C. R6-3-2004 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-205 Expired

History

  • R6-14-205 recodified from A.A.C. R6-3-2005 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-206 Expired

History

  • R6-14-206 recodified from A.A.C. R6-3-2006 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-207 Expired

History

  • R6-14-207 recodified from A.A.C. R6-3-2007 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-208 Expired

History

  • R6-14-208 recodified from A.A.C. R6-3-2008 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-209 Expired

History

  • R6-14-209 recodified from A.A.C. R6-3-2009 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-210 Expired

History

  • R6-14-210 recodified from A.A.C. R6-3-2010 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-211 Expired

History

  • R6-14-211 recodified from A.A.C. R6-3-2011 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-212 Expired

History

  • R6-14-212 recodified from A.A.C. R6-3-2012 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-213 Expired

History

  • R6-14-213 recodified from A.A.C. R6-3-2013 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-214 Expired

History

  • R6-14-214 recodified from A.A.C. R6-3-2014 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-215 Expired

History

  • R6-14-215 recodified from A.A.C. R6-3-2015 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-216 Expired

History

  • R6-14-216 recodified from A.A.C. R6-3-2016 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-217 Expired

History

  • R6-14-217 recodified from A.A.C. R6-3-2017 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-218 Expired

History

  • R6-14-218 recodified from A.A.C. R6-3-2018 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Article 3 CLAIMS AGAINST HOUSEHOLDS

Ariz. Admin. Code § R6-14-301 Purpose and Definitions

A. The Department establishes and collects claims under 7 CFR 273.18, Claims against households. This Article clarifies the Department's policies and procedures as permitted in federal regulation.

B. The definitions in section R6-14-111 and the following definitions apply to this Article:

1. "Agency error" or "AE claim" means any claim for an overpayment caused by an action or failure to take action by the Department.

2. "Claim" means the amount of a federal debt owed because Nutrition Assistance benefits were overpaid or benefits were trafficked.

3. "Household" means one of the following individuals or groups of individuals, unless otherwise specified under 7 CFR 273.1(b):

a. Except as contained in (b):

i. An individual living alone;

ii. An individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from others; or

iii. A group of individuals who live together and customarily purchase food and prepare meals together for home consumption.

b. Specific to the Claim Compromise process in R6-14-308, the following persons who are residing together:

i. Adults who were members of the Nutrition Assistance household for which the claim was established, and who were adults at the time the claim was established, and

ii. Minor children for whom adult household members are responsible.

4. "Inadvertent household error" or "IHE claim" means any claim for an overpayment resulting from a misunderstanding or unintended error on the part of the Nutrition Assistance household. This includes instances when the household received more benefits than it was entitled to receive because the household requested a continuation of benefits, pending a fair hearing decision.

"Intentional Program Violation" or "IPV claim" means any claim for an overpayment resulting from an individual committing and intending to commit, an IPV under 7 CFR 273.16.

6. "Trafficking claim" means any claim for the value of benefits that are trafficked, under 7 CFR 273.18. Trafficking is defined under 7 CFR 271.2.

History

  • R6-14-301 recodified from A.A.C. R6-3-2101 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-302 Claim Calculation; Date of Discovery; Overpayment Period

Under 7 CFR 273.18, the Department shall calculate an overpayment of benefits claim by:

A. Date of discovery. The date of discovery is determined when the Department becomes aware of the overpayment.

1. For AE claims, the date of discovery is the date the overpayment has been verified or the date the household ultimately fails to respond to or satisfy an overpayment inquiry.

2. For IHE and IPV claims, the date that the Department obtains verification used to calculate the over-issuance.

3. For claims resulting from trafficking, the date of the court decision, or the date the household signed a waiver of administrative disqualification hearing form or a disqualification consent agreement.

B. For AE and IHE claims, calculate a claim for the month of the date of discovery and for each prior month, not to exceed 36 months prior to the date of discovery.

C. For an IPV claim not related to trafficking, calculate a claim back to the month that the IPV first occurred, not to exceed 72 months prior to the date of discovery.

D. For a claim resulting from trafficking, calculate a claim for the value of the trafficked benefits, as determined under 7 CFR 273.18(c)(2).

History

  • R6-14-302 recodified from A.A.C. R6-3-2102 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-303 Determining a Claim Amount

A. For all claims other than a claim resulting from trafficking:

1. The Department shall determine whether the overpayment of benefits occurred at the time an eligibility determination was rendered for a new or recertification application or whether the overpayment occurred during an eligible certification period.

2. When it is discovered that the Department rendered an incorrect eligibility determination or issued an incorrect benefit amount because the Department failed to correctly act on information provided on the application or reported by the applicant, or because the applicant failed to provide correct information on the application or prior to application approval, the Department shall re-determine eligibility and a benefit amount for that application and for the months in the certification period, using the application approval or denial policies and procedures that were in effect at the time the eligibility determination for the application was rendered. The Department will not consider information that was not previously reported by the household that would have resulted in an increase in the benefit allotment at the time of initial approval of benefits.

a. When it is determined that the household was ineligible, the Department shall establish a claim based on the amount of benefits issued for each month during the certification period that was established when the application was originally approved, minus the amount of benefits that the Department has expunged from the household's EBT benefit account, for each of the corresponding overpaid months.

b. When it is determined that the household was eligible, the Department shall establish a claim based on the amount of benefits that were paid in excess of the correct benefit amount in each month of the certification period, minus the amount of benefits that the Department has expunged from the household's EBT benefit account, for each of the corresponding overpaid months.

c. When it is determined that the household was eligible and received a smaller benefit amount than it was eligible to receive because the Department failed to correctly act on information provided on the application or reported by the applicant prior to application approval, the Department shall issue a supplement for each month in the certification period that the household was paid less than the correct benefit amount as provided in 7 CFR 273.17.

3. When a change occurred during an eligible certification period:

a. The Department shall process any change that was reported and re-determine a new benefit allotment amount for each affected month in the certification period using the change processing policies and procedures that were in effect for those months under 7 CFR 273.12(c).

i. The Department shall establish a claim based on the amount of benefits that were paid in excess of the new benefit amount in each affected month of the certification period, minus the amount of benefits that the Department has expunged from the household's EBT benefit account.

ii. The Department shall issue a supplement for each month the household was paid less than the new benefit amount.

b. When the Department discovers a change which was not reported by the household, the Department shall determine whether the change was required to be reported based on the change reporting requirement assigned to the household for the certification period.

i. When the change was not required to be reported the Department shall not process the change for the months in the certification period.

ii. When the change was required to be reported the Department shall re-determine eligibility and a new benefit allotment amount for each affected month in the certification period using the change processing policies and procedures that were in effect for those months under 7 CFR 273.12(c). The Department shall establish a claim based on the amount of benefits that were paid in excess of the correct benefit amount in each month of the certification period, minus the amount of benefits that the Department has expunged from the household's EBT benefit account.

B. For a claim resulting from trafficking, the Department shall calculate a claim amount based on the entire value of the trafficked benefits.

History

  • R6-14-303 recodified from A.A.C. R6-3-2103 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-304 Pre-establishment Cost Effectiveness Determination

The Department shall not establish an overpayment that is not cost effective using the threshold at 7 CFR 273.18(e)(2)(ii), unless the Department establishes and collects claims under a cost-effectiveness plan approved by the Food and Nutrition Service of the U.S. Department of Agriculture under 7 CFR 273.18(e)(2)(i) that establishes a different threshold.

History

  • R6-14-304 recodified from A.A.C. R6-3-2104 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-305 Notice of Claim

To begin collection on a claim, the Department shall send the household a Notice of Claim. At a minimum, the notice shall include all elements required under 7 CFR 273.18(e)(3)(iv).

History

  • R6-14-305 recodified from A.A.C. R6-3-2105 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-306 Acceptable Forms of Payment

The Department may accept all forms of payment, including the methods listed in 7 CFR 273.18(f) to collect a claim.

History

  • R6-14-306 recodified from A.A.C. R6-3-2106 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-307 Collection Methods

A. Allotment reduction. When a household is receiving Nutrition Assistance benefits, the Department may use the allotment reduction in 7 CFR 273.18(g)(1).

B. As provided under 7 CFR 273.18(g)(5), the Department may allow a household that is not participating in the Nutrition Assistance program to pay a claim in equal monthly payments in a negotiated repayment agreement. The household shall be responsible to pay a monthly payment in one of the following amounts until the claim is paid in full:

1. An amount equal to the balance of the claim at the time the negotiated repayment agreement is made, divided by 36.

2. When the amount in (1) is equal to or less than $10.00, the monthly repayment amount shall be $10.00.

C. Under 7 CFR 273.18(g)(6), the Department may arrange with a liable individual to intercept his or her unemployment compensation benefits. This collection option may be included as part of a repayment agreement. The Department may also intercept an individual's unemployment compensation benefits by obtaining a court order.

D. Under 7 CFR 273.18(g)(8), the Department may use other collection methods that include:

1. Submitting the claim to the Arizona Department of Revenue for payment through a state tax refund.

2. Submitting the claim to the Arizona Lottery Commission for payment through a lottery winnings offset.

3. Submitting the claim to the federal Treasury Offset Program under 7 CFR 273.18(n).

4. A wage garnishment established through a civil judgment or criminal restitution order. When the Department has obtained a judgment or order, the Department shall:

a. Send the household a Pre-Garnishment Notice to allow the household to agree to pay the claim in a manner other than wage garnishment; and

b. If the household fails to arrange for payment in response to the Pre-Garnishment Notice, the Department may request the Arizona Attorney General's Office to initiate a wage garnishment under A.R.S. Title 12, Chapter 9, Article 4.1, and that garnishment may continue until the claim is paid in full.

5. Garnishment or levy of monies or property per A.R.S. Title 12, Chapter 9, Article 4.

6. Imposition or enforcement of all liens, including judgment liens imposed under A.R.S. § 33-961.

7. Any other legal or equitable remedy for the collection of debts and judgments.

E. Under 7 CFR 273.18(j) and at the Arizona Attorney General's direction, the Department shall act on behalf of the Food and Nutrition Service of the U.S. Department of Agriculture in any bankruptcy proceeding against a household subject to a claim.

History

  • R6-14-307 recodified from A.A.C. R6-3-2107 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-308 Claim Compromise

A. In accordance with the Department's Claim Compromise policy and procedures as contained in the Arizona Cash and Nutrition Assistance Policy manual, the Department may compromise an entire claim or any portion of a claim if it can be reasonably determined that a household's economic circumstances dictate that the claim will not be paid in three years.

B. For purposes of a claim compromise "household" means the following persons who are residing together:

1. Adults who were members of the Nutrition Assistance household for which the claim was established, and who were adults at the time the claim was established, and

2. Minor children for whom adult household members are responsible.

C. When a household reports that it is unable to pay the claim in the equal monthly increments specified in R6-14-307(A) or (B), the Department shall inform the household that it may request a one-time compromise of the claim and shall provide the household with instructions for requesting a compromise. The Department may compromise the claim by reducing the claim amount and the resulting monthly payment amount when:

1. The household contacts the Department, orally or in writing, and requests a compromise of the claim,

2. The claim was established as an Agency Error claim or an Inadvertent Household Error claim,

3. There is no pending Appeal of the claim,

4. The Department has not previously approved a compromise of the claim, and

5. The Department approves the compromise request as provided in this rule.

D. When the Department receives a compromise request, and there is no pending appeal of the claim for which the compromise is requested, the Department shall send the household a Financial Statement form requesting necessary information and verification required for the Department to determine eligibility for a claim compromise.

E. The household must return the completed Financial Statement with requested information and verification to the Department no later than the thirtieth calendar day following the date that the Department mailed or otherwise transmitted the Financial Statement to the household. When the household requests assistance or additional time, the Department shall allow an additional thirty calendar days for the household to provide a completed Financial Statement. The Department shall deny the compromise claim request when the Financial Statement is not provided by the household by the thirtieth calendar day or the agreed upon extension date, unless the delay was for good cause. Good cause includes circumstances beyond the household's reasonable control such as illness, illness of another household member requiring the presence of the adult member, or a household emergency.

F. When the Financial Statement is timely provided to the Department, and all information and verification is complete, the Department shall complete the determination of eligibility for a compromise and send a notice no later than the twentieth working day, as defined in R6-14-402, following the date that the Department received the Financial Statement and all required information and verification.

G. When the compromise request is approved the Department shall notify the household of the compromised claim amount, the repayment plan for the new claim amount, and the household's right to file an appeal of the Department's action. The compromised claim amount shall be final unless modified by an appeal hearing decision.

1. The household shall pay a monthly payment in one of the following amounts until the compromised claim balance is paid in full:

a. An amount equal to the balance of the compromised claim amount, divided by 36.

b. When the amount in (1)(a) is equal to or less than $10.00, the monthly payment shall be $10.00.

c. When the household is currently participating in the Nutrition Assistance program, the Department shall reduce the household's monthly Nutrition Assistance benefit allotment by the greater of $10 or 10 percent.

d. When the household is no longer participating in the Nutrition Assistance program, the household shall be responsible to pay the original claim compromise monthly payment amount calculated in accordance with R6-14-308(G)(1)(a) and (b) . The Department shall notify the household of the claim compromise monthly payment obligation.

2. The approval of a compromise request shall apply only to the household that requested the compromise and does not affect the responsibility of any person:

a. Who is not a member of the household that requested the compromise, and

b. Who is responsible for paying the claim under 7 CFR 273.18(a)(4).

H. When the compromise request is denied the Department shall notify the household of the denial and the household's right to file an appeal of the Department's action.

I. The household may appeal the following actions or inaction related to a request for a compromise:

1. The Department's inaction or untimely action on processing the compromise request;

2. The amount of the approved compromise balance; or

3. A denial of the compromise request.

History

  • R6-14-308 recodified from A.A.C. R6-3-2108 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-309 Reinstatement of a Compromised Claim

The Department shall reinstate any compromised portion of a claim when either of the following occurs:

1. A claim becomes delinquent under 7 CFR 273.18(e)(5).

2. The Department approved a compromise for a claim that was originally established as an Inadvertent Household Error claim and the original claim is later determined to have resulted from an Intentional Program Violation, as evidenced by a signed waiver of an Administrative Disqualification Hearing, an Administrative Disqualification Hearing decision, or a decision rendered by a State or Federal court in a civil or criminal action.

History

  • R6-14-309 recodified from A.A.C. R6-3-2109 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-310 Terminating and Writing Off a Claim

The Department shall terminate and write off a claim as required under 7 CFR 273.18(e)(8)(ii) (A through E), and may terminate and write off a claim as allowed under 7 CFR 273.18(e)(8)(ii)(F) and (G).

History

  • R6-14-310 recodified from A.A.C. R6-3-2110 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-311 Claims Established in Another State

Under 7 CFR 273.18(i)(2), the Department may accept a claim from another state if the household subject to the claim receives Nutrition Assistance benefits in Arizona, when:

A. The Department confirms that the household was notified by the other state of the overpayment; and

B. There is no pending or unresolved Fair Hearing or Appeal of the overpayment in the other state, and

C. The Department determines with reasonable certainty that the household is able to repay the outstanding claim balance in full within the Nutrition Assistance certification period assigned to the household in Arizona.

History

  • R6-14-311 recodified from A.A.C. R6-3-2111 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-312 Expired

History

  • R6-14-312 recodified from A.A.C. R6-3-2112 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-313 Expired

History

  • R6-14-313 recodified from A.A.C. R6-3-2113 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-314 Expired

History

  • R6-14-314 recodified from A.A.C. R6-3-2114 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-315 Expired

History

  • R6-14-315 recodified from A.A.C. R6-3-2115 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-316 Expired

History

  • R6-14-316 recodified from A.A.C. R6-3-2116 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-317 Expired

History

  • R6-14-317 recodified from A.A.C. R6-3-2117 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-318 Expired

History

  • R6-14-318 recodified from A.A.C. R6-3-2118 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-319 Expired

History

  • R6-14-319 recodified from A.A.C. R6-3-2119 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-320 Expired

History

  • R6-14-320 recodified from A.A.C. R6-3-2120 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-321 Expired

History

  • R6-14-321 reserved; Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-322 Expired

History

  • R6-14-322 recodified from A.A.C. R6-3-2122 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-323 Expired

History

  • R6-14-323 recodified from A.A.C. R6-3-2123 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-324 Expired

History

  • R6-14-324 recodified from A.A.C. R6-3-2124 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-325 Expired

History

  • R6-14-325 recodified from A.A.C. R6-3-2125 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-326 Expired

History

  • R6-14-326 recodified from A.A.C. R6-3-2126 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-327 Expired

History

  • R6-14-327 recodified from A.A.C. R6-3-2127 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Article 4 APPEALS AND FAIR HEARINGS

Ariz. Admin. Code § R6-14-401 Entitlement to a Fair Hearing; Appealable Action

Any applicant or recipient who disagrees with any action or inaction by the Department which affects the participation of the household in the program has the right to challenge the action or inaction by requesting an administrative or fair hearing. Administrative hearings are conducted by the Department's Office of Appeals. In this Article, "hearing" refers to a Fair Hearing as required in 7 CFR 273.15.

History

  • R6-14-401 recodified from A.A.C. R6-3-2201 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-402 Computation of Time

A. In computing any time period:

1. "Day" means a calendar day;

2. "Working day" means Monday through Friday, excluding federal or Arizona state holidays;

3. The Department does not count the date of the act, event, notice, or default from which a designated time period begins to run as part of the time period; and

4. The Department counts the last day of the designated time period. When the day is a Saturday, Sunday, federal holiday or Arizona state holiday, the last day is the first working day following that day.

B. Documents sent by the Department are received by an applicant or recipient on the date sent to the applicant or recipient's last known street or e-mail address, plus an additional five calendar days only when sent by U.S. mail. The send date is the date shown on the document unless the facts show otherwise.

History

  • R6-14-402 recodified from A.A.C. R6-3-2203 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-403 Request for Hearing: Form; Time Limits; Presumptions

A. As contained in 7 CFR 273.15(h) a request for a hearing is defined as a clear expression, oral or written, by the household or its representative to the effect that it wishes to appeal a decision or that an opportunity to present its case to a higher authority is desired.

B. An applicant or recipient who wishes to appeal an action or inaction shall make an oral or written request for a hearing to the Department within 90 days of the notice date advising the applicant or recipient of the action, except that a recipient may appeal the current level of benefits at any time within a certification period. Action by the Department shall include a denial of a request for restoration of any benefits lost more than 90 days but less than one year prior to the request for a hearing. An applicant or recipient may file a request for hearing in-person or by mail, fax, phone, or Internet. The Department shall provide a form for this purpose. Upon request, the Department shall help an applicant or recipient to file an appeal. If the applicant or recipient makes an oral request for a hearing, the Department shall accept the oral request, record in writing the date of the request and the stated reasons for the hearing, and forward the request to the Office of Appeals. The freedom to make a request for a hearing shall not be limited or interfered with in any way.

C. An appellant is an applicant or recipient who files an appeal.

D. The Department shall process any oral or written request for a hearing that contains sufficient information for the Department to determine the appellant's identity.

E. The Department deems a request for hearing filed:

1. If the appellant sends the request for hearing by first-class mail through the United States Postal Service to the Department:

a. On the mailing date as shown by the postmark;

b. In the absence of a postmark, on the postage meter mark on the envelope in which it is received; or

c. If not postmarked or postage meter marked or if the mark is illegible, on the date entered on the document as the date of completion.

2. The date the Department actually receives the request, if not mailed.

F. A document is timely filed if the appellant can demonstrate that any delay in submission was due to any of the following reasons:

Department error or misinformation:

2. Delay or other action by the United States Postal Service: or

3. Delay due to the appellant's changing mailing addresses at a time when the appellant had no duty to notify the Department of the change.

G. When the Office of Appeals receives an untimely request for a hearing, the Office of Appeals shall determine whether the delay in submission is excusable, as provided in subsection (F). The Department shall consider an untimely request for a hearing as a request for restoration of lost benefits in accordance with 7 CFR § 273.17.

H. An appellant whose appeal the Office of Appeals denies as untimely may petition for review of this issue as provided in R6-14-416.

I. The Department shall expedite a hearing request for any person covered by 7 CFR 273.15(i)(2).

J. The Department shall provide interpreters or other language services at no cost to persons whose primary language is other than English. This shall include explaining the hearing procedures orally in the person's language if the materials are not translated into the person's language.

K. The Department shall offer an agency conference as provided by 7 CFR 273.15(d) to those persons denied expedited service and to any person who requests a conference.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-404 Stay of Action Pending Appeal

As provided by 7 CFR 273.15(k), if the appellant timely requests a fair hearing, the Department shall stay the implementation of an action until the hearing officer renders a final decision on the appeal and the person receives the decision, unless the appellant signs a waiver of continuation of benefits.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-405 Hearings: Location; Notice; Time

A. The Office of Appeals shall schedule the hearing. The Office of Appeals may schedule a telephonic hearing instead of an in-person hearing or permit a witness or party, upon request, to appear telephonically.

B. Unless the appellant requests an earlier hearing date, the Office of Appeals shall schedule the hearing no earlier than 20 days from the date the Department receives the appellant's request for hearing.

C. The Office of Appeals shall send a notice of hearing to all parties at least 20 days before the hearing date, unless a request for an earlier hearing date is granted under subsection (B).

D. The notice of hearing shall be in writing and shall:

1. Include information on how to request an in-person hearing;

Advise the appellant or the appellant's representative of the name, address, and phone number to notify the Office of Appeals in the event it is not possible for the appellant to attend the hearing;

3. Specify that the Office of Appeals will dismiss the hearing request if the appellant or the appellant's representative fails to appear for the hearing without good cause;

4. Include the Office of Appeals hearing procedures and any other information that would provide the appellant with an understanding of the proceedings and that would contribute to the effective presentation of the appellant's case; which shall include a pre-hearing summary prepared by the Department, and

Explain that the appellant or the appellant's representative shall be given adequate opportunity to:

a. Examine the case file prior to the hearing. The contents of the case file including the application form and documents of verification used by the Department to establish the household's ineligibility or eligibility and allotment shall be made available, provided that confidential information, such as the names of individuals who have disclosed information about the household without its knowledge or the nature or status of pending criminal prosecutions, is protected from release. If requested by the household or its representative, the Department shall provide a free copy of the portions of the case file that are relevant to the hearing. Confidential information that is protected from release and other documents or records which the household will not otherwise have an opportunity to contest or challenge shall not be introduced at the hearing or affect the hearing official's decision.

b. Present the case or have it presented by legal counsel or another person.

c. Bring witnesses.

d. Advance arguments without undue interference.

e. Question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses.

f. Submit evidence to establish all pertinent facts and circumstances in the case.

6. The notice shall include information about the availability of free legal services.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-406 Postponing the Hearing

A. The appellant may request and is entitled to receive one postponement of the first scheduled hearing. The postponement shall not exceed 30 days and the time limit for action on the decision may be extended for as many days as the hearing is postponed. The Office of Appeals may grant subsequent postponements upon a showing of good cause.

B. When the Office of Appeals reschedules a hearing under this Section, the Office of Appeals shall send the notice of rescheduled hearing at least 11 days prior to the date of the rescheduled hearing, unless the appellant agrees to shorter notice.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-407 Hearing Officer: Duties and Qualifications

A. An impartial hearing officer in the Office of Appeals shall conduct all hearings.

B. The hearing officer shall:

1. Administer oaths and affirmations;

2. Regulate the conduct and course of the hearing consistent with due process to insure an orderly hearing;

3. Consider all relevant issues;

4. Request, receive, and admit into the record all evidence determined necessary to decide the issues being raised;

5. Order, where relevant and useful, an independent medical assessment or professional evaluation from a source mutually satisfactory to the household and the Department. The hearing officer shall decide on the source of the medical assessment or professional evaluation when the household and the Department are unable to agree on a mutually satisfactory source. The Department shall pay for the medical assessment or professional evaluation when such services are not available to the household as part of the household's current health insurance coverage;

6. As provided under 7 CFR 273.15(m)(2)(vi), render a hearing decision and issue a written decision reversing, affirming, modifying or remanding the agency's decision; and

7. Issue subpoenas under R6-14-409.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-408 Change of Hearing Officer; Challenges for Cause

A. A party may request a change of hearing officer as prescribed in A.R.S. § 41-1992(B) by filing an affidavit that includes:

1. The case name and number:

2. The hearing officer assigned to the case: and

3. The name and signature of the party requesting the change.

B. The party requesting the change shall file the affidavit with the Office of Appeals and send a copy to all other parties at least five days before the hearing date.

C. A party shall request only one change of hearing officer unless that party is challenging a hearing officer for cause under subsection (E).

D. A party may not request a change of hearing officer once the hearing officer has heard and decided a motion except as provided in subsection (E).

E. At any time before a hearing officer renders a final decision under R6-14-414, a party may challenge a hearing officer on the grounds that the hearing officer is not impartial or disinterested in the case.

F. A party who brings a challenge for cause shall file an affidavit as provided in subsection (A) and send a copy of the affidavit to all other parties. The affidavit shall explain the reason why the assigned hearing officer is not impartial or disinterested.

G. When a party files an affidavit for a change in hearing officer as provided in subsection (F), the Office of Appeals shall assign another hearing officer to determine whether the hearing officer being challenged shall be removed, unless the hearing officer recuses himself or herself.

H. The Office of Appeals shall transfer the case to another hearing officer when:

1. A party requests a change as provided in subsections (A) through (D); or

The hearing officer is removed for cause, as provided in subsections (E) through (G).

I. The Office of Appeals shall send the parties written notice of the new hearing officer assignment.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-409 Subpoenas

A. A party may ask the assigned hearing officer to issue a subpoena for a witness, document, or other physical evidence or to otherwise obtain the requested evidence. Subpoena forms are available to the appellant under R6-14-410(D).

B. The party seeking the subpoena shall send the hearing officer a written request for a subpoena. The request shall include:

1. The case name and number;

2. The name of the party requesting the subpoena;

3. The name and address of any person to be subpoenaed;

4. A description of any documents or physical evidence the appellant desires the hearing officer to subpoena, including the title, appearance, and location of the item if the appellant knows its location, and the name and address of the person in possession of the item; and

5. A statement about the expected substance of the testimony or other evidence as well as the relevance and importance of the requested testimony or other evidence.

C. A party shall request a subpoena at least five working days before the hearing date. A party who is unable to request a subpoena at least five days before the hearing date may request a postponement of the hearing. A party may raise the denial of a subpoena request in a petition for review to the Appeals Board, pursuant to R6-14-416.

D. The hearing officer shall deny the request if the witness's testimony or the physical evidence is not relevant to an issue in the case or is duplicative.

E. The Office of Appeals shall prepare all subpoenas and serve them by mail, except that the Office of Appeals may serve subpoenas on state employees who are appearing in the course of their jobs, by regular mail, hand-delivered mail, e-mail, or interoffice mail.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-410 Parties' Rights

The appellant and the Department have the following rights:

A. The right to request a postponement of the hearing;

B. The right to receive before and during the hearing documents the Department may use at the hearing and a free copy of any documents in the Department's file on the appellant, except documents protected by the attorney-client or work-product privilege or as otherwise protected by federal or state confidentiality laws;

C. The right to request a change of hearing officer;

D. The right to request subpoenas for witnesses and evidence;

E. The right to be represented by an authorized representative, subject to any limitations on the unauthorized practice of law in the Rules of the Supreme Court of Arizona, Rule 31;

F. The right to bring witnesses, present evidence and to confront and cross-examine adverse witnesses;

G. The right to advance arguments without undue interference, to question or refute any testimony or evidence; and

H. The right to further appeal, as provided in R6-14-416 and R6-14-417, if dissatisfied with the Office of Appeals decision.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-411 Withdrawal of an Appeal

A. An appellant may withdraw an appeal at any time prior to the time the hearing officer issues a decision.

1. An appellant may withdraw an appeal orally, either in person or by telephone. The Department may record the audio of the withdrawal. The Department is prohibited from coercion or actions that would influence the person or their representative to withdraw the fair hearing request. The Department must provide a written notice within 10 days of the oral request confirming the withdrawal request and providing the person an opportunity to request to reinstate the hearing within 10 days of the date the notice is received as provided in R6-14-402(B).

2. An appellant may withdraw an appeal by signing a written statement expressing the intent to withdraw. The Department shall make a withdrawal form available for this purpose.

B. The Office of Appeals shall dismiss the appeal when the appellant or the appellant's representative provides a signed withdrawal request to the Department or to the hearing officer prior to the issuance of a hearing decision or when the appellant or the appellant's representative makes such a request on the record during a hearing, or orally as provided in (A)(1).

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-412 Failure to Appear; Default; Reopening

A. If an appellant fails to appear at the hearing, the hearing officer shall:

1. Enter a default and issue a decision dismissing the appeal, except as provided in subsection (B);

2. Rule summarily on the available record; or

Adjourn the hearing to a later date and time.

B. The hearing officer shall not enter a default or rule summarily if the appellant notifies the Office of Appeals before the scheduled time of hearing that the appellant cannot attend the hearing because of good cause and still desires a hearing or wishes to have the matter considered on the available record. Good cause includes circumstances beyond the household's reasonable control such as, but not limited to, illness, illness of another household member requiring the presence of the adult member, or a household emergency.

C. A party who did not appear at the hearing may file a request to reopen the proceedings no later than 10 days after the hearing. The request shall be in writing, by mail or e-mail, or be made in person or by telephone and shall demonstrate good cause for the party's failure to appear.

D. If the hearing officer finds that the party had good cause for failure to appear, the hearing officer shall reopen the proceedings and schedule a new hearing with notice to all interested parties as prescribed in R6-14-405.

E. If the hearing officer cannot grant or deny the request to reopen the proceedings based on the information provided, the hearing officer shall set the matter for a hearing to determine whether the party had good cause for failure to appear.

F. Good cause, for the purpose of reopening a hearing, is established if the failure to appear at the hearing and the failure to timely notify the hearing officer were beyond the reasonable control of the nonappearing party. Good cause also exists when the nonappearing party demonstrates excusable neglect, as used in Arizona Rules of Civil Procedure, Rule 60(b)(1) for both the failure to appear and the failure to timely notify the hearing officer. "Excusable neglect" means an action involving an error such as might be made by a reasonably prudent person who attempts to handle a matter in a prompt and diligent fashion.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-413 Hearing Proceedings

A. The hearing is a de novo proceeding. The Department has the initial burden of presenting the evidence to support the adverse action being appealed.

B. The standard of proof is a preponderance of the evidence.

C. The Arizona Rules of Evidence do not apply at the hearing. The hearing officer may admit and give probative effect to evidence as prescribed in A.R.S. § 41-1062(A).

D. The Office of Appeals shall audio record all hearings. The Office of Appeals shall also transcribe the proceedings when a transcription is requested by the Appeals Board or when a transcription is required for judicial review under A.R.S. § 41-1993. If a transcript is prepared for any purpose, the appellant is entitled to a copy of the transcription at no cost.

E. A party may, at the party's own expense, arrange to have a court reporter present to transcribe the hearing, provided that such transcription does not delay or interfere with the hearing. The Office of Appeal's recording of the hearing shall constitute the official record of the hearing.

F. The hearing officer shall call the hearing to order and dispose of any prehearing motions or issues.

G. With the consent of the hearing officer, the parties may stipulate to factual findings or legal conclusions.

H. A party may advance arguments without undue interference.

I. A party may testify, present evidence, call witnesses, cross-examine adverse witnesses, and object to evidence. The hearing officer may also take witness testimony or admit evidence on the hearing officer's own motion.

J. The hearing officer shall keep a complete record of all proceedings in connection with an appeal.

K. The hearing officer may request the parties to submit memoranda on issues in the case if the hearing officer finds that the memoranda would assist the hearing officer in deciding the case. The hearing officer shall establish a briefing schedule for any required memoranda.

L. The recording of the hearing, all the evidence presented at the hearing and all papers and requests filed shall constitute the record and shall be available to the household or its representative at any reasonable time for copying and inspection.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-414 Hearing Decision

A. No later than 60 days after the date the appellant files a request for hearing with the Department, the hearing officer shall render a decision based solely on the evidence and testimony produced at the hearing and the applicable law. The 60-day time limit is extended for any delay necessary to accommodate hearing continuances or extensions, or postponements requested by a party.

B. The hearing decision shall include:

1. Findings of fact concerning the issue on appeal;

2. Citations to the law and authority applicable to the issue on appeal;

3. A statement of the conclusions derived from the controlling facts and law and the reasons for the conclusions;

4. The name of the hearing officer;

5. The date of the decision;

6. A statement of further appeal rights, a statement of the process required to initiate a further appeal, and the time period for exercising those rights; and

7. That an appeal may result in a reversal of the decision.

C. The Office of Appeals shall send a copy of the decision to each party or the party's representative.

D. When requested by the appellant, the Department, or upon the hearing officer's own motion, the Office of Appeals may amend or vacate a decision to correct clerical errors, including typographical and computational errors.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-415 Effect of the Decision

A. If the hearing officer affirms the adverse action against the appellant, the adverse action is effective as of the date of the initial determination of adverse action by the Department. The adverse action remains effective until the appellant appeals and obtains a higher administrative or judicial decision reversing or vacating the hearing officer's decision.

B. If the hearing officer vacates or reverses the Department's decision to take adverse action, the Department shall not take the action or shall reverse any adverse action, unless the Department appeals and obtains a higher administrative or judicial decision reversing or vacating the hearing officer's decision.

C. As specified in 7 CFR 273.15(c) the Department shall:

1. For decisions that result in an increase in household benefits:

a. Authorize and deposit a benefit supplement in the household's EBT benefit account within 10 days of the receipt of the hearing decision; or

b. The Department may take longer than 10 days if it elects to make the decision effective in the household's normal issuance cycle, provided that the issuance will occur within 60 days from the household's request for the hearing.

2. For decisions that result in a decrease in household benefits the Department shall authorize and deposit a decreased benefit amount in the household's EBT benefit account for the next scheduled issuance following receipt of the hearing decision.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-416 Further Administrative Appeal

A. A party can appeal an adverse decision issued by a hearing officer to the Department's Appeals Board as prescribed in A.R.S. § 41-1992(C) and (D) by filing a written petition for review with the Office of Appeals within 15 days of the mailing or transmittal date of the hearing officer's decision.

B. The petition for review shall:

1. Be in writing and filed in person or by mail or fax;

2. Describe why the party disagrees with the hearing officer's decision; and

Be signed and dated by the party or the party's representative.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-417 Appeals Board

A. The Appeals Board shall conduct proceedings in accordance with A.R.S. §§ 41-1992(D) and 23-672.

B. The Appeals Board shall issue to all parties a final written decision affirming, reversing, setting aside, or modifying the hearing officer's decision based on the complete record, including the audio recording or the transcript of the hearing. The decision of the Appeals Board shall specify the right to further review and the time for filing an application for appeal.

C. A household appellant adversely affected by an Appeals Board decision may seek judicial review under A.R.S. § 41-1993.

History

  • New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.

Article 5 INTENTIONAL PROGRAM VIOLATION

Ariz. Admin. Code § R6-14-501 Intentional Program Violations (IPV); Defined

A. An Intentional Program Violation (IPV) consists of having intentionally:

1. Made a false or misleading statement, or misrepresented, concealed or withheld facts; or

2. Committed any act that constitutes a violation of the Food and Nutrition Act, the Supplemental Nutrition Assistance Program Regulations, or any State statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of Supplemental Nutrition Assistance Program benefits or Electronic Benefit Transfer (EBT) cards. In Arizona, the name of the Supplemental Nutrition Assistance Program is the Nutrition Assistance Program.

B. For the purpose of imposing sanctions as prescribed in R6-14-505, a person is considered to have committed an IPV if:

1. A person signs a waiver of an Administrative Disqualification Hearing,

2. A person is found to have committed an IPV by an Administrative Disqualification Hearing, or

3. A person is convicted of a criminal offense the elements of which would constitute an IPV under subsection A above or enters into a disqualification consent agreement for deferred prosecution for fraud in a court of law.

History

  • R6-14-501 recodified from A.A.C. R6-3-2301 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-502 IPV Administrative Disqualification Hearings; Hearing Waiver

A. Upon receipt of sufficient documentary evidence substantiating that a person has committed an IPV, the Department shall initiate either an Administrative Disqualification Hearing, or a referral for prosecution.

B. When the Department initiates an Administrative Disqualification Hearing, the Department shall mail the person suspected of an IPV written notice of the right to waive the Administrative Disqualification Hearing. This notice shall be sent either by first class mail or certified mail - return receipt requested.

C. The waiver notice of the Administrative Disqualification Hearing shall include the following information as well as the information described in R6-14-503(D) :

1. A statement that the Department has determined that the individual suspected of the IPV committed, and intended to commit, one or more acts described in R6-14-501(A) and that the Department has initiated an Administrative Disqualification Hearing against the individual suspected of the IPV.

2. A summary of the allegations and evidence against the individual suspected of the IPV and notification that the individual suspected of the IPV has the right to examine the case file prior to the hearing and, when requested by the individual or representative, be provided a free copy of any documents in the case file, except documents protected by the attorney-client or work-product privilege or as otherwise protected by federal or state confidentiality laws.

3. A statement of the right of the individual suspected of the IPV to remain silent concerning the allegation of an IPV, and that anything said or signed by the individual concerning the allegations can be used against the individual suspected of the IPV in a court of law, including signing any part of the waiver.

4. A statement that signing a waiver of the Administrative Disqualification Hearing will result in disqualification periods as determined by section R6-14-505, a statement of the penalty the Department believes is applicable to the case scheduled for a hearing and a reduction in benefits for the period of disqualification, even if the individual suspected of the IPV does not admit to the facts as presented by the Department.

5. A statement that the individual suspected of the IPV does not have to sign a waiver of the Administrative Disqualification Hearing, return the waiver form to the Department or speak to anyone at the Department.

6. A statement of the fair hearing rights of the individual suspected of the IPV and notification that these rights are waived when the individual suspected of the IPV submits a signed waiver of the Administrative Disqualification Hearing form.

7. A statement that waiver of the Administrative Disqualification Hearing does not preclude the State or Federal Government from prosecuting the individual suspected of the IPV for the IPV in a civil or criminal court action, or from collecting any over issuance of Nutrition Assistance benefits.

8. A statement that the individual suspected of the IPV may wish to consult an attorney and a list of any individuals or organizations that provide free legal representation.

9. A statement that Nutrition Assistance benefits will continue and will only be terminated if the following occurs:

a. The individual suspected of the IPV signs a notice to waive their rights to an Administrative Disqualification Hearing,

b. There is an Administrative Disqualification Hearing decision that the individual suspected of the IPV is disqualified,

c. The individual is determined to no longer be eligible on other grounds, or

d. The individual requests that the Nutrition Assistance benefits not be continued in order to avoid a potential over issuance of benefits.

10. A statement that the remaining adult household members, if any, will be held responsible for repayment of the resulting over issuance claim.

An opportunity for the individual suspected of the IPV to specify whether or not the individual admits to the facts as presented by the Department. This opportunity shall consist of the following statements, and a method for the individual suspected of the IPV to designate the individual's waiver choice:

a. I admit to the facts as presented and understand that a disqualification penalty will be imposed if I sign this waiver. I understand that if I sign this waiver, there will not be an Administrative Disqualification Hearing; or

b. I do not admit that the facts as presented are correct in my Nutrition Assistance case. However, I have chosen to sign this waiver of the Administrative Disqualification Hearing. I also understand that a disqualification penalty will be imposed. I understand that if I mark this box, I will not be able to submit additional evidence, have an Administrative Disqualification Hearing, or have the right to administrative appeal; or

c. I do not admit that the facts as presented are correct in my Nutrition Assistance case. I do not waive my right to require an Administrative Disqualification Hearing where the Department must prove by clear and convincing evidence that I committed, and intended to commit, an Intentional Program Violation.

12. A statement that if the individual suspected of the IPV does not waive their right to an Administrative Disqualification Hearing, then the Department must prove by clear and convincing evidence that the person committed and intended to commit, an Intentional Program Violation. The statement shall also advise the person that they may attend the hearing but are not required to attend. If the person opts to attend the hearing, they may talk to the judge about what happened and present additional evidence to the judge if they want to. The person also has the right to remain silent. The judge will decide if the person will be disqualified from participating in the Nutrition Assistance program.

13. The telephone number of the appropriate Department unit that the individual may contact to obtain additional information.

14. A due date that the signed waiver of an Administrative Disqualification Hearing must be provided to the Department so that a hearing will not be held and a signature block for the individual suspected of the IPV, along with a statement that the head of household must also sign the waiver if the individual suspected of the IPV is not the head of household, with an appropriately designated signature block.

15. If the signed waiver of the Administrative Disqualification Hearing is not returned by the due date, the Department shall schedule the Administrative Disqualification Hearing and shall send the individual suspected of the IPV a written hearing notice as contained in R6-14-503(C).

D. For the purpose of imposing sanctions as prescribed in R6-14-505, a timely signed waiver of an Administrative Disqualification Hearing shall have the same effect as an administrative adjudication that an IPV occurred.

History

  • R6-14-502 recodified from A.A.C. R6-3-2302 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-503 Administrative Disqualification Hearings

A. The rules on fair hearings contained in Article 4 of this Chapter apply to Intentional Program Violation (IPV) Administrative Disqualification Hearings, except as provided in this Article.

B. All IPV Administrative Disqualification Hearings are conducted by the Department's Office of Appeals.

C. If the individual suspected of an IPV does not sign and return the waiver of Administrative Disqualification Hearing by the return date set in the waiver notice, or returns the waiver notice stating they do not waive the Administrative Disqualification Hearing, the Office of Appeals shall send the individual a written hearing notice. The Office of Appeals shall send the notice by first class mail, certified mail - return receipt requested, or any other reliable method, no later than 30 days before the scheduled hearing date.

D. The hearing notice shall include the following information:

1. The date, time, and place of the hearing;

2. The allegations of an IPV against the individual;

3. A summary of the evidence, how and where the evidence can be examined, and that the individual suspected of the IPV has the right to examine the case file prior to the hearing. When requested by the household or its representative, the Department shall provide a free copy of any documents in the case file, except documents protected by the attorney-client or work-product privilege or as otherwise protected by federal or state confidentiality laws.

4. A notice that the decision will be based solely on information provided by the Department if the individual suspected of the IPV fails to appear at the hearing;

5. A statement that the individual or representative will, upon receipt of the notice, have 10 days from the date of the scheduled hearing to present good cause for failure to appear in order to receive a new hearing;

6. A warning that a determination of IPV will result in disqualification periods as defined by section R6-14-505, and a statement of which penalty the Department believes is applicable to the case scheduled for a hearing;

7. A listing of the individual's rights as contained in R6-14-410;

8. A statement that the Administrative Disqualification Hearing does not preclude the State or Federal Government from prosecuting the individual for the IPV in a civil or criminal court action, or from collecting any over issuance of Nutrition Assistance benefits; and

9. A statement that the individual suspected of the IPV may consult with an attorney and a list of any individuals or organizations known to the Department that provide free legal representation.

10. A notice that the individual suspected of the IPV has the right to obtain a copy of the Department's published hearing procedures together with an explanation of how the individual suspected of the IPV can obtain these procedures.

E. The hearing officer shall postpone a hearing for up to 30 days if the individual suspected of the IPV files a written or oral request for postponement with the hearing officer no later than 10 days before the hearing date. Any such postponement shall increase the time by which the hearing officer shall issue a decision, as provided in subsection (J) below.

F. The time and place for the hearing shall be arranged so that the hearing is accessible to the individual suspected of the IPV, including making reasonable accommodations for a person with a disability.

G. At the start of the Administrative Disqualification Hearing, the hearing officer shall advise the individual suspected of the IPV or representative of the right to remain silent during the hearing. The hearing officer shall also advise that if the individual suspected of the IPV or representative chooses not to exercise the right to remain silent, anything they say may be used against them.

H. A hearing officer, as prescribed in R6-14-407, shall conduct the Administrative Disqualification Hearing pursuant to the procedures set forth in R6-14-408, R6-14-409, R6-14-410 and R6-14-413, except as prescribed in this subsection.

I. The Department shall prove by clear and convincing evidence that the household member committed, and intended to commit, an IPV.

J. No later than 90 days from the date of the notice of hearing, as increased by any postponement days, the hearing officer shall send to the individual suspected of the IPV a written decision. The hearing officer shall find whether the evidence shows by clear and convincing evidence that the person committed, and intended to commit, an IPV. The decision shall specify the reasons for the decision, identify the supporting evidence, identify the pertinent regulation, respond to reasoned arguments made by the individual suspected of the IPV or representative, and include appeal rights.

History

  • R6-14-503 recodified from A.A.C. R6-3-2303 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-504 Failure to Appear; Default; Reopening

A. If the individual suspected of the IPV fails to appear at the Administrative Disqualification Hearing without good cause, the hearing officer shall conduct the hearing.

B. The hearing officer shall not conduct the hearing if the individual suspected of the IPV notifies the Office of Appeals before the hearing that the individual cannot attend the hearing because of good cause and still desires a hearing. Good cause includes circumstances beyond the household's reasonable control such as illness, illness of another household member requiring the presence of the adult member, or a household emergency.

C. An individual suspected of the IPV who did not appear at the hearing may file a request to reopen the Administrative Disqualification Hearing. The request shall be in writing and shall demonstrate good cause for the party's failure to appear.

1. The individual suspected of the IPV has 30 days after the date of the written notice of the hearing decision to file a request to reopen the Administrative Disqualification Hearing if the individual did not receive a hearing notice.

2. In all other instances, the individual suspected of the IPV has 10 days from the hearing date to show good cause why the individual failed to appear.

D. The hearing officer shall review the good cause reason submitted by the individual suspected of the IPV and unless the hearing officer can grant or deny the request based on the information provided, shall set the matter for a hearing to determine whether the individual suspected of the IPV had good cause for failing to appear.

E. If the hearing officer finds that the individual suspected of the IPV had good cause for failure to appear, the previous decision shall be vacated and the hearing officer shall reopen the Administrative Disqualification Hearing and schedule a new hearing with notice to all parties. The hearing officer must enter the good cause decision on the record.

F. Good cause, for the purpose of reopening an Administrative Disqualification Hearing, is established if the failure to appear at the hearing and the failure to timely notify the hearing officer were beyond the reasonable control of the individual suspected of the IPV. Good cause also exists when the individual suspected of the IPV demonstrates excusable neglect for both the failure to appear and the failure to timely notify the hearing officer. "Excusable neglect" means an action involving an error such as might be made by a reasonably prudent person who attempts to handle a matter in a prompt and diligent fashion.

History

  • R6-14-504 recodified from A.A.C. R6-3-2304 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-505 Disqualification Sanctions; Notice

A. A person found to have committed an IPV is disqualified from program participation:

For a period of 12 months for the first IPV, except as provided under subsections (B) through (E) of this section.

2. For a period of 24 months for the second IPV, except as provided in subsections (B) through (E) of this section; and

3. Permanently for the third IPV.

4. The same act of IPV repeated over a period of time shall not be separated so that separate penalties can be imposed.

B. Individuals found by any court to have used or received benefits in a transaction involving the sale of a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), shall be ineligible to participate in the program:

1. For a period of 24 months for the first violation; and

2. Permanently upon the second violation.

C. Individuals found by any court to have used or received benefits in a transaction involving the sale of firearms, ammunition or explosives shall be permanently ineligible to participate in the program upon the first violation.

D. An individual convicted by any court of having trafficked benefits for an aggregate amount of $500 or more shall be permanently ineligible to participate in the program upon the first violation.

E. Except as provided under subsection (A)(3) of this section, an individual found to have made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple Nutrition Assistance benefits simultaneously shall be ineligible to participate in the program for 10 years.

F. Upon a determination of IPV, the Department shall notify the disqualified person in writing of the pending disqualification. The written notice shall:

1. Inform the disqualified person of the decision and the reasons for the decision; and

2. Inform the disqualified person of the date the disqualification will take effect and the duration of the disqualification.

G. Under 7 CFR 273.11(c)(1), when determining the eligibility and benefit level for the remaining eligible members of the household, the Department shall count the income and resources of the disqualified person in their entirety and the entire household's allowable earned income, standard, medical, dependent care, child support, and excess shelter deductions shall continue to apply to the remaining household members. The Department shall not include the ineligible member when determining the household's size for the purposes of:

1. Assigning a benefit level to the household;

2. Assigning a standard deduction to the household;

Comparing the household's monthly income with the income eligibility standards; or

4. Comparing the household's resources with the resource eligibility limits.

H. Under 7 CFR 273.11(c)(4) and 7 CFR §273.16(e)(9)(ii) and (f)(3), the Department shall notify the remaining members of their eligibility and benefit level at the same time the excluded member is notified of his or her disqualification.

History

  • R6-14-505 recodified from A.A.C. R6-3-2305 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-506 Administrative Disqualification Hearings or Waiver of the Right to a Hearing; Appeal

A. Upon a determination of IPV through a signed waiver of an Administrative Disqualification Hearing, the individual has no right to further administrative appeal. The individual may seek relief in a court having jurisdiction and may seek a stay or other injunctive relief of a period of disqualification.

B. A party may appeal a Hearing Officer's Administrative Disqualification Hearing decision as provided in R6-14-416(A) to the Appeals Board as provided in R6-14-417.

C. An individual adversely affected by an Appeals Board decision may seek judicial review under A.R.S. § 41-1993.

History

  • R6-14-506 recodified from A.A.C. R6-3-2306 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.
Ariz. Admin. Code § R6-14-507 Honoring Out-of-State IPV Determinations and Sanctions

The Department shall honor sanctions imposed against an applicant or recipient by the agency of another state that administers the Supplemental Nutrition Assistance Program and shall consider prior violations committed in another state when determining the appropriate sanction.

History

  • R6-14-507 recodified from A.A.C. R6-3-2307 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. §1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1). New Section made by emergency rulemaking at 24 A.A.R. 2081, effective July 6, 2018 for 180 days (Supp. 18-3). Amended by final rulemaking at 26 A.A.R. 263, effective 1/21/2020.

Article 6 EXPIRED

Ariz. Admin. Code § R6-14-601 Expired

History

  • R6-14-601 recodified from A.A.C. R6-3-2401 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-602 Expired

History

  • R6-14-602 recodified from A.A.C. R6-3-2402 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-603 Expired

History

  • R6-14-603 reserved; Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-604 Expired

History

  • R6-14-604 recodified from A.A.C. R6-3-2404 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-605 Expired

History

  • R6-14-605 recodified from A.A.C. R6-3-2405 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-606 Expired

History

  • R6-14-606 recodified from A.A.C. R6-3-2406 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-607 Expired

History

  • R6-14-607 recodified from A.A.C. R6-3-2407 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-608 Expired

History

  • R6-14-608 recodified from A.A.C. R6-3-2408 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-609 Expired

History

  • R6-14-609 reserved; Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).
Ariz. Admin. Code § R6-14-610 Expired

History

  • R6-14-610 recodified from A.A.C. R6-3-2410 effective February 13, 1996 (Supp. 96-1). Section expired under A.R.S. § 1056(E) at 11 A.A.R. 1450, effective February 28, 2005 (Supp. 05-1).

Chapter 17 EXPIRED

Article 1 EXPIRED

Ariz. Admin. Code § R6-17-101 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-102 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Amended by final rulemaking at 14 A.A.R. 3891, effective September 24, 2008 (Supp. 08-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.

Article 2 EXPIRED

Ariz. Admin. Code § R6-17-201 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-202 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-203 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).

Article 3 EXPIRED

Ariz. Admin. Code § R6-17-301 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-302 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-303 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-304 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-305 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-306 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-307 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-308 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).

Article 4 EXPIRED

Ariz. Admin. Code § R6-17-401 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-402 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-403 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-404 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-405 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-406 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-407 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-408 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).

Article 5 EXPIRED

Ariz. Admin. Code § R6-17-501 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-502 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-503 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-504 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-505 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-506 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-507 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).

Article 6 EXPIRED

Ariz. Admin. Code § R6-17-601 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-602 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-603 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-604 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-605 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-606 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).

Article 7 EXPIRED

Ariz. Admin. Code § R6-17-701 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-702 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-703 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-704 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-705 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-706 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-707 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-708 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-709 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-710 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-711 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.

Article 8 EXPIRED

Ariz. Admin. Code § R6-17-801 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-802 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-803 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-804 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-805 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-806 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 31, 2013 (Supp. 14-1).
Ariz. Admin. Code § R6-17-807 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.

Article 9 EXPIRED

Ariz. Admin. Code § R6-17-901 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-902 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-903 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-904 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-905 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-906 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-907 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-908 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-909 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-910 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-911 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-912 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-913 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-914 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-915 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-916 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-917 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-918 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.
Ariz. Admin. Code § R6-17-919 Expired

History

  • New Section made by exempt rulemaking at 9 A.A.R. 3970, effective October 20, 2003 (Supp. 03-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 505, effective 6/1/2023.

Chapter 18 DEPARTMENT OF ECONOMIC SECURITY - OFFICE OF LICENSING, CERTIFICATION, AND REGULATION

Article 1 DEFINITIONS

Ariz. Admin. Code § R6-18-101 Definitions

1. "Care provider" means a person licensed or certified to provide care or supervision in a home or program that is regulated by OLCR.

2. "Firearm" means a handgun, pistol, revolver, rifle, shotgun, or other weapon that is designed to expel a projectile by the action of an explosive.

3. "Hazard" means a condition or situation that may cause or result in physical injury or illness to a child or vulnerable adult.

4. "Individual receiving care" means a child or adult who receives or is eligible for the services listed in R6-18-701.

5. "Life-Safety Inspection" means an examination of the premises by OLCR to verify compliance with standards intended to safeguard children and vulnerable adults from fire hazards and from other hazardous conditions.

6. "Lock" means a device operated by a key, combination, magnet, or keycard to safeguard medications, swimming pools, and highly toxic substances.

7. "Medication" means both prescription and over-the-counter remedies approved as drugs by the U.S. Food and Drug Administration (FDA).

8. "Mobile home" means a trailer that is mounted on wheels or a platform with utility connections exposed under the trailer.

9. "OLCR" means the Office of Licensing, Certification, and Regulation, which is based in the Arizona Department of Economic Security.

10. "Pool" means any natural or man-made body of water that:

a. Could be used for swimming, recreational, or decorative purposes;

b. Is greater than 18 inches in depth; and

c. Includes swimming pools, spas, hot tubs, fountains, and fish-ponds.

11. "Safeguard" means to take reasonable measures to eliminate the risk of harm to an individual receiving care. Where a specific method is not otherwise prescribed in this Article, safeguarding may include:

a. Locking up a particular substance or item;

b. Putting a substance or item out of reach;

c. Erecting a barrier that prevents an individual receiving care from reaching a particular place, item, or substance;

d. Using protective safety devices; or

e. Providing supervision.

12. "Setting" means:

a. The home or building used to provide care or supervision; and

b. The surrounding property and buildings that are owned, leased, or controlled by the care-provider.

13. "Skirting" means the barrier around the base of a mobile home that is intended to protect utility connections from damage or unauthorized contact.

14. "Slip-resistant surface" means the flooring provides friction to help prevent falls when the surface is wet. A slip resistant surface may be achieved by rippling or corrugating the surface, applying textured strips, installing a secured carpet, using rubber mats, and other similar measures.

15. "Trigger locked" means a firearm has been rendered temporarily or permanently inoperable by blocking the firing or discharge mechanism for the firearm with a locked device.

16. "UL Approved" means an electrical device bears the safety certification mark of a recognized testing laboratory, such as UL (Underwriters Laboratories) or ETL (Electrotechnical Laboratory).

History

  • New Section made by exempt rulemaking at 11 A.A.R. 3501, effective October 24, 2005 (05-3).

Article 7 LIFE-SAFETY INSPECTION

Ariz. Admin. Code § R6-18-701 Application

This Article applies to:

1. Foster homes, regulated under Title 6, Chapter 5, Article 58;

2. Adult developmental homes, regulated under Title 6, Chapter 6, Article 11;

3. Child developmental foster homes, regulated under Title 6, Chapter 6, Article 10;

4. Child welfare agencies operating residential group care facilities and shelter care facilities regulated under Title 6, Chapter 5, Article 74, but not outdoor experience programs; and

5. Settings providing home and community based services for individuals with developmental disabilities, regulated under Title 6, Chapter 6, Article 15.

History

  • New Section made by exempt rulemaking at 11 A.A.R. 3501, effective October 24, 2005 (05-3).
Ariz. Admin. Code § R6-18-702 General Condition and Cleanliness of the Setting

The care provider shall ensure:

1. The interior and exterior of the setting are maintained in good repair and do not constitute a hazard. Damage that constitutes a hazard includes:

a. Broken glass;

b. Surfaces that are rusted, have sharp or jagged edges, or have nails protruding;

c. Holes in walls, ceilings, or floors; or

d. Broken furniture, fixtures, appliances, or equipment.

2. Play areas and therapy equipment are in good repair.

3. The setting is clean to the degree that the condition does not constitute a hazard. Conditions that constitute a hazard include rotting food, stale or accumulated urine or feces, or an accumulation of mold.

4. Garbage is removed from the setting at least once each week.

5. The setting and outside play areas are free of insect and rodent infestation, or the setting has an ongoing system to eliminate insects or rodents.

6. Water in a pool on the premises is maintained, is not stagnant, and is clear enough to see through the water to the bottom surface of the pool.

History

  • New Section made by exempt rulemaking at 11 A.A.R. 3501, effective October 24, 2005 (05-3).
Ariz. Admin. Code § R6-18-703 Safeguarding of Hazards

The care provider shall ensure:

1. Highly toxic substances and materials are safeguarded in locked storage. Highly toxic substances include gasoline, lighter fluid, pesticides, radiator fluid, drain cleaner, ammonia, bleach, spray paint, turpentine, and other substances that can cause serious bodily harm or death if improperly used.

2. Household cleaning supplies are safeguarded to prevent unsafe or improper use. Household cleaning supplies are substances that are not intended for ingestion, but generally will not cause serious bodily harm or death if improperly used. Examples of household cleaning supplies include spray cleaners, laundry detergent, furniture polish, and dishwasher detergent.

3. Access to personal grooming supplies is not restricted unless the case plan or service plan for an individual receiving care specifically restricts such access. Personal grooming supplies include toothpaste, hand-soap, shampoo, and deodorant.

4. Firearms, ammunition, and other weapons, including crossbows, stun guns, air guns, and hunting knives are safeguarded to prevent unsafe or improper use. In addition,

a. Firearms are unloaded, trigger locked, and kept in a locked storage container that is made of unbreakable material.

b. Ammunition is maintained in locked storage that is separate from firearms.

5. All dogs older than 6 months have current rabies vaccination. Vaccination records are maintained in the setting.

6. Animals in the setting or on the property do not pose a hazard due to behavior or disease.

7. Ramps, bathtubs, and showers have slip-resistant surfaces.

Handrails and grab-bars are securely attached and stationary.

9. Skirting is intact around the base of the setting, if the setting is a mobile home.

History

  • New Section made by exempt rulemaking at 11 A.A.R. 3501, effective October 24, 2005 (05-3).
Ariz. Admin. Code § R6-18-704 Storage of Medication

A. The care provider shall ensure:

1. Medication is maintained in locked storage, with the exception of the following:

a. Medication that may be accessed by an individual receiving care, as specified in that individual's case plan or service plan; and

b. Medication that must be readily and immediately accessible, such as an asthma inhaler or Epi-pen.

2. Medication that may be unlocked under subsection (1)(a) or (1)(b) is safeguarded to prevent improper use.

3. Medication that must be refrigerated is safeguarded in locked storage, without preventing access to refrigerated food. This may be accomplished by storing refrigerated medication in a locked box within the refrigerator.

B. Programs licensed as child welfare group homes or shelters shall safeguard medications using a double-lock system. A locked box stored inside a locked cabinet is an example of a double-lock system.

History

  • New Section made by exempt rulemaking at 11 A.A.R. 3501, effective October 24, 2005 (05-3).
Ariz. Admin. Code § R6-18-705 Safe Appliances

The care provider shall ensure:

1. Safe and functioning appliances are available for food refrigeration and cooking, if applicable. Safe and functioning refrigerators shall maintain food at or below a temperature of 45° F.

2. Electrical lighting is available in bedrooms, living areas, and rooms used to provide services.

a. Lighting is sufficient to perform normal activities; and

b. Light sockets are equipped with light bulbs or safely covered to prevent electrical shock.

3. Adequate heating, cooling, and ventilation are available in bedrooms, living areas, and rooms used to provide services. Temperatures outside the range of 65° - 85° F are indicators of inadequate heating or cooling.

4. At least one operable telephone is available in the setting, unless the licensing authority has approved an alternative system for communication. Telephone includes cellular phones, digital phones, and phones with traditional land lines.

5. If the setting has a clothes dryer, the dryer is safely vented with a non-flammable vent hose.

6. If a portable heater is in the setting, it has a protective covering to keep hands and objects away from the heating element and, it is:

a. Electric;

b. UL Approved;

c. Equipped with a tip-over shut-off switch;

d. Placed at least 3 feet from curtains, paper, furniture, and any flammable object when in use;

e. Not used as the primary source for heat in the setting; and

f. Not used in bedrooms.

7. A carbon monoxide detector-alarm is functioning on each level of the setting that has an appliance or heating device using combustible fuel such as gas, oil, kerosene, wood, or charcoal.

History

  • New Section made by exempt rulemaking at 11 A.A.R. 3501, effective October 24, 2005 (05-3).
Ariz. Admin. Code § R6-18-706 Electrical Safety

The care provider shall ensure:

1. Electrical cords are in good condition; no broken or frayed cords are in use.

2. Electrical panels and outlets are in good condition; no wiring is exposed, and covers are in place.

3. Extension cords are not used on a permanent basis.

4. Electrical outlets are not overloaded.

Major appliances are plugged directly into grounded outlets. Major appliances include refrigerators, freezers, dishwashers, stoves, ovens, washers, and dryers.

6. Mid-sized appliances, which include computers, televisions, and stereo equipment, are plugged into:

a. Grounded outlets; or

b. Power strips or surge protectors that are plugged into grounded outlets.

History

  • New Section made by exempt rulemaking at 11 A.A.R. 3501, effective October 24, 2005 (05-3).
Ariz. Admin. Code § R6-18-707 Plumbing Requirements

A. The care provider shall ensure that a continuous source of safe drinking water is available to individuals receiving care.

B. If the setting has a non-municipal source of water, the OLCR inspector shall collect a water sample at the time of an initial inspection and may collect a sample at subsequent inspections.

1. The OLCR inspector shall submit the water sample to a state-certified laboratory for total coliform testing. The water sample shall also be tested for nitrate content when care is provided to children under 2 years of age.

If the water sample is not within acceptable levels for safe drinking water, the care provider shall provide OLCR a signed, written statement that:

a. Certifies that individuals receiving care will be provided with safe drinking water, and

b. Describes the care provider's plan for obtaining safe drinking water.

C. The care provider shall ensure that the sewage disposal for the setting is functioning. If the setting has a septic tank, it shall be in good working order, with no visible signs of leakage on the ground.

D. The care provider shall ensure that hot water temperature in areas for bathing does not exceed 120° F.

E. The care provider shall ensure that at least one working toilet, wash basin, and shower or tub is available for every ten persons living or receiving care in the setting at the same time.

History

  • New Section made by exempt rulemaking at 11 A.A.R. 3501, effective October 24, 2005 (05-3).
Ariz. Admin. Code § R6-18-708 Fire Safety

The care provider shall ensure:

1. Flammables and combustibles are stored more than 3 feet from water heaters, furnaces, portable heaters, and fireplaces, and wood-burning stoves.

2. If the setting has a working fireplace or wood-burning stove, it is protected by a fire screen.

3. A functioning fire extinguisher with a rating of "2A 10BC" or greater is available near the kitchen area. If the setting has multiple levels at least one functioning fire extinguisher with a rating of "2A 10BC" or greater is available on each level.

4. A working smoke detector is installed:

a. In the main living or program area of the setting;

b. In each bedroom, if overnight care is provided; and

c. On each level of a multiple-level setting.

5. A written emergency evacuation plan is developed to provide guidance on the safe and rapid evacuation of the setting. An emergency evacuation plan shall:

a. Identify two routes of evacuation from each bedroom used by individuals residing in or receiving care in the setting. At least one of the exit routes for these bedrooms leads directly to the outside of the setting.

b. Identify the location of fire extinguishers and fire evacuation equipment, including rope or chain ladders and emergency lighting, as applicable;

c. Designate a safe meeting place outside the setting; and

d. Be maintained in the setting to review with individuals residing in or receiving care in the setting.

6. Settings authorized to provide care or services to six or more individuals shall practice and document the completion of an evacuation drill at least once every three months.

7. The exit routes for the setting are clear of obstruction that could prevent safe and rapid evacuation.

8. The locks on exterior doors and windows, including the front door, screen doors, and bars on windows, are equipped with a quick release mechanism. A quick release mechanism is a lock that can be opened from inside the setting without special knowledge (such as a combination) or equipment (such as a key). The Department may grant an exception to this requirement for a double-key deadbolt on a door if:

a. There is breakable glass within 40 inches of the interior locking mechanism;

b. There is another exit with a quick release mechanism on the same level of the setting; and

c. The key for the deadbolt is permanently maintained in a location that is:

i. Within 6 feet of the locking mechanism,

ii. Accessible to all household members,

iii. Reviewed with persons residing in or receiving care in the setting, and

iv. Identified on the emergency evacuation plan, specified in subsection (5).

9. The address for the setting is posted and visible from the street, or the local emergency response team, such as the local fire department, is notified of the location of the setting in writing, with a copy of this notification maintained in the setting.

History

  • New Section made by exempt rulemaking at 11 A.A.R. 3501, effective October 24, 2005 (05-3).
Ariz. Admin. Code § R6-18-709 Pool Requirements

A. For settings with a pool that is deeper than 4 feet, the care provider shall ensure the following safety equipment is available within the pool enclosure:

1. A shepherd's crook attached to a pole; and

2. A ring buoy attached to a rope that measures half the distance across the pool plus 10 feet.

B. A care provider who has a pool on the premises and provides services to a child age 5 and under or to an individual with developmental disabilities:

Shall ensure the pool is fenced with an enclosure that meets the following requirements:

a. The exterior side of the fence is at least 5 feet high;

b. If the fence is chain link, the mesh measures less than 1 3/4 inches horizontally;

c. If the fence is constructed of vertical bars or wooden slats, the openings between bars or slats measure less than 4 inches;

d. The exterior side of the fence is free of hand holds or foot holds or other means that could be used to climb over the fence;

e. Gates for the fence are self-closing and self-latching and open out or away from the pool.

f. The gate latch is at least 54" above the ground and is equipped with a key or combination lock.

g. The gate to the enclosure is locked, except when there is an adult within the enclosure to supervise the pool and spa area.

2. Shall ensure the following, if the home or building used to provide care or supervision constitutes part of the enclosure:

a. The enclosure does not interfere with safe egress from the setting.

b. A door from the setting does not open within the pool enclosure.

c. A window from the setting and located in a room that is designated as a bedroom for an individual receiving care is not positioned within the pool enclosure.

d. Other windows from the setting and within the pool enclosure are permanently secured to open no more than 4 inches.

History

  • New Section made by exempt rulemaking at 11 A.A.R. 3501, effective October 24, 2005 (05-3).

Chapter 3 DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE

Article 26 REPEALED

Ariz. Admin. Code § R6-23-2601 [REPEALED]

History

  • Section R6-3-2601 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2602 [REPEALED]

History

  • Section R6-3-2602 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2603 [REPEALED]

History

  • Section R6-3-2603 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2604 [REPEALED]

History

  • Section R6-3-2604 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2605 [REPEALED]

History

  • Section R6-3-2605 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2606 [REPEALED]

History

  • Section R6-3-2606 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2607 [REPEALED]

History

  • Section R6-3-2607 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2608 [REPEALED]

History

  • Section R6-3-2608 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2609 [REPEALED]

History

  • Section R6-3-2609 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2610 [REPEALED]

History

  • Section R6-3-2610 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2611 [REPEALED]

History

  • Section R6-3-2611 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2612 [REPEALED]

History

  • Section R6-3-2612 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2613 [REPEALED]

History

  • Section R6-3-2613 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2614 [REPEALED]

History

  • Section R6-3-2614 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2615 [REPEALED]

History

  • Section R6-3-2615 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2616 [REPEALED]

History

  • Section R6-3-2616 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2617 [REPEALED]

History

  • Section R6-3-2617 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2618 [REPEALED]

History

  • Section R6-3-2618 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2619 [REPEALED]

History

  • Section R6-3-2619 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2620 [REPEALED]

History

  • Section R6-3-2620 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2621 [REPEALED]

History

  • Section R6-3-2621 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2622 [REPEALED]

History

  • Section R6-3-2622 repealed effective May 24, 1979.
Ariz. Admin. Code § R6-23-2623 [REPEALED]

History

  • Section R6-3-2623 repealed effective May 24, 1979.

Article 27 REPEALED

Ariz. Admin. Code § R6-23-2701 [REPEALED]

History

  • Section R6-3-2701 repealed effective May 24, 1979.

Article 41 REPEALED

Ariz. Admin. Code § R6-23-4101 [REPEALED]

History

  • Section R6-3-4101 repealed effective July 9, 1980 (Supp. 80-4)
Ariz. Admin. Code § R6-23-4102 [REPEALED]

History

  • Section R6-3-4102 repealed effective July 9, 1980 (Supp. 80-4).
Ariz. Admin. Code § R6-23-4103 [REPEALED]

History

  • Section R6-3-4103 repealed effective July 9, 1980 (Supp. 80-4).
Ariz. Admin. Code § R6-23-4104 [REPEALED]

History

  • Section R6-3-4104 repealed effective July 9, 1980 (Supp. 80-4).
Ariz. Admin. Code § R6-23-4105 [REPEALED]

History

  • Section R6-3-4105 repealed effective July 9, 1980 (Supp. 80-4).
Ariz. Admin. Code § R6-23-4106 [REPEALED]

History

  • Section R6-3-4106 repealed effective July 9, 1980 (Supp. 80-4).

Chapter 5 DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES

Article 83 REPEALED

Ariz. Admin. Code § R6-35-8307 [REPEALED]

History

  • Adopted effective January 18, 1977 (Supp. 77-1). Repealed effective December 17, 1993 (Supp. 93-4).

Chapter 3 DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE

Article 56 LABOR DISPUTE BENEFIT POLICY

Ariz. Admin. Code § R6.3-56220 [REPEALED]

History

  • Former rule number - Labor Dispute 220. - 220.1. Former rule repealed, new Section R6-3-56220 adopted effective January 24, 1977 (Supp. 77-1). Repealed effective July 22, 1997 (Supp. 97-3).

Chapter 5 DEPARTMENT OF ECONOMIC SECURITY - SOCIAL SERVICES

Article 49 CHILD CARE ASSISTANCE

Ariz. Admin. Code § R6k-5-4906 Verification of Eligibility Information

A. The Department shall obtain independent verification or corroboration of information provided by the client when required by law, or when it is necessary to determine eligibility, fee level and copayment assignment, or service authorization amount.

B. The Department may verify or corroborate information by any reasonable means including:

1. Contacting third parties such as employers and educational institutions,

Asking the client to provide written documentation such as pay stubs or school schedules, and

3. Conducting a computer data match through other Department programs' computer systems.

C. The client is responsible for providing all required verification. The Department shall offer to assist a client who has difficulty in obtaining the verification and requests help.

D. A client shall provide the Department with all requested verification within 10 calendar days from the notice date of a written request for such information. When a client does not timely comply with a request for information, the Department shall deny the application as provided in R6-5-4908(B).

History

  • Adopted 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 adopted 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.

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