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:

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.

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.

Notes

Ariz. Admin. Code § R6-14-403

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.