Arizona Revised Statutes

Ariz. Rev. Stat. § 46-205 (2026)

Appeal to state department from denial of application or failure of the local office to act; consideration by state department on own motion

✓ current as of May 2026

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A. If the local office of the department does not act with reasonable promptness on an application, or if the application is denied wholly or in part by the local office of the department, the applicant or recipient may appeal to the state department in the manner and form prescribed by the state department. The state department shall, upon receipt of the appeal, give the applicant or recipient an opportunity for a hearing.

B. The state department may also, upon its own motion, receive and consider any application upon which a recommendation has not been made by the local office of the department within a reasonable time. The state department may make additional investigation as it deems necessary, and shall make a decision as to granting assistance or service and the amount of assistance or service to be granted the applicant which in its opinion is justified and in conformity with the provisions of this title. If the application is denied wholly or in part by the state department, or if any award or assistance or service is modified or cancelled by the state department, the applicant or recipient may appeal to the state department. The state department shall, upon receipt of the appeal, give the applicant or recipient an opportunity for a hearing.

C. All decisions of the state department shall be subject to review pursuant to title 41, chapter 14, article 3.

Notes of Decisions

Cited in 4 cases, 1968–1973 · leading case: Allen v. Graham, 446 P.2d 240 (Ariz. Ct. App. 1968).

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Allen v. Graham, 446 P.2d 240 (Ariz. Ct. App. 1968). · cites it 4× “The application was denied whereupon the plaintiff appealed to the State Department of Public Welfare in accordance with the provisions of A.R.S. § 46-205, as amended. A hearing thereon was duly held, and the State Department denied the application.”

Jones v. Lopez Plascencia, 458 P.2d 120 (Ariz. Ct. App. 1969). · cites it 4× “The trial judge particularly relied upon A.R.S. § 46-205, subsec. C, which provides that “All decisions of the state [welfare] department shall be final, and shall be binding upon the county department.”

Camerena v. Dep't of Pub. Welfare, 449 P.2d 957 (Ariz. Ct. App. 1969). · cites it 8× “The decision of 8 June, 1966, was final under A.R.S. § 46-205, subsec. C. On 16 August, 1966, the appellant filed a petition for a writ of certiorari, or in the alternative for a writ of mandamus, with the Superior Court.”

Riggins v. Graham, 511 P.2d 209 (Ariz. Ct. App. 1973). · cites it 2× “This statute and the appeal provisions of A.R.S. § 46-205 were designed to set up procedures to determine an individual’s eligibility for welfare payments and the proper amounts of such payments.”

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