Current through Register Vol. 27, No. 52, December 24, 2021
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
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
Eligibility, admission, placement evaluation, and
assignment to services.
Care and treatment, transfer or substantial change
Termination of, or discharge from, a
Fee for service.
Grievances related to decisions by the program
contractor for licenses or involving DD/ALTCS clients and ALTCS service
providers are separately addressed in
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
In addition to the definitions in Article 1 of this Chapter,
the following definitions apply to this Article:
a. Denial or termination of eligibility for
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
d. The reduction or
termination of a previously authorized service solely funded by state dollars;
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
5. "Day" means
calendar day unless otherwise specified.
6. "Department" means the Arizona Department
of Economic Security.
means the Division of Developmental Disabilities within the
8. "HCBS" and "Home and
Community-based Services" mean the same as in
9. "Member" means an individual enrolled with
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.
Day" means 8:00 am to 5:00 pm Monday through Friday, excluding state observed
Ariz. Admin. Code § R6-6-1801
Adopted effective March
8, 1983 (Supp. 83-2). Section repealed, new Section adopted effective August
29, 1991 (Supp. 91-3). Former Section
amended effective September, 30, 1993, under an exemption from A.R.S. Title 41,
Chapter 6 (Supp. 93-3).
request of the Department, Office File No. M10-461, filed December 6, 2010
(Supp. 10-1). Adopted by final rulemaking at
A.A.R. 3350, effective