Ariz. Admin. Code § 6-12-316

Current through Register Vol. 30, No. 45, November 8, 2024

Section 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

2. 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.

Ariz. Admin. Code § R6-12-316

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.