Section 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 fed- eral or state law,

3.        The appellant is requesting continued benefits when the time period for which the Department has approved bene- fits 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 subsec- tion (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).

Historical Note

New Section made by final rulemaking at 18 A.A.R.

1175, effective June 30, 2012 (Supp. 12-2).