A. If at any time while receiving assistance the recipient of such assistance knowingly acquires any property or receives any increase in income or property, or both, in excess of income or property declared at the time of determination or redetermination of eligibility, or if there is any other change in circumstances affecting the recipient's eligibility, the recipient shall within the number of days specified by rules of the department notify the department and provide verification of the acquisition of such property, receipt of such income or change in circumstances. Any recipient of aid who knowingly fails to do so is guilty of a class 2 misdemeanor.
B. If a recipient is overpaid for whatever reason, the recipient is liable for the amount of the overpayment. The department of economic security with the concurrence of the department of law shall determine the method of securing repayment which is most appropriate to the particular situation. If there are insufficient assets or resources to justify collection, if the recipient has not obtained assistance or services by intentional misrepresentation or if the overpayment was due to an error on the part of the department of economic security, the department may waive a repayment by the recipient. The department of economic security, with the assistance of the department of law, may institute appropriate court proceedings to recover overpayments.
C. Each warrant issued as an assistance payment shall contain a statement on the reverse side of the warrant relating to the recipient's eligibility. The wording of this statement shall be determined by the department.
Notes of Decisions
Henricks v. Arizona Dep't of Econ. Sec., 270 P.3d 874 (Ariz. Ct. App. 2012).
· cites it 5× “Under the section titled “Issue and Section of Law and Regulations Involved,” the notice read: “Overpayment of Cash Assistance Benefits-Arizona Revised Statutes, Title 46, Chapter 2, especially section 46-213, Arizona Administrative Code, Title 6, Chapter 12, especially Article…”
Castregon v. Huerta, 580 P.2d 1197 (Ariz. 1978).
“Paragraph B of § 46-213 provided: “B. When a recipient is overpaid for whatever reason, the state department with the concurrence of the department of law shall determine the method of securing repayment which is the most appropriate to the particular situation.”
Castregon v. Huerta, 580 P.2d 1201 (Ariz. Ct. App. 1977).
· cites it 4× “Appellant brought a special action in the superior court contending that the director had no choice but to waive the repayment, because the “may” in A.R.S. § 46-213(B) must be construed as “shall.”
Galaviz v. ades/azdes (Ariz. Ct. App. 2017).
· cites it 4× “¶9 On June 1, 2017, this court granted Galaviz’ application for appeal and ordered the parties to address (1) whether Galaviz is entitled to a waiver under A.R.S. § 46-213(B) (2017), and (2) whether ADES should be 3 GALAVIZ v.”
— Ariz. Rev. Stat. § 46-213(B) — 3 cases
Henricks v. Arizona Dep't of Econ. Sec., 270 P.3d 874 (Ariz. Ct. App. 2012).
“Under the section titled “Issue and Section of Law and Regulations Involved,” the notice read: “Overpayment of Cash Assistance Benefits-Arizona Revised Statutes, Title 46, Chapter 2, especially section 46-213, Arizona Administrative Code, Title 6, Chapter 12, especially Article…”
Castregon v. Huerta, 580 P.2d 1201 (Ariz. Ct. App. 1977).
“Appellant brought a special action in the superior court contending that the director had no choice but to waive the repayment, because the “may” in A.R.S. § 46-213(B) must be construed as “shall.”
Galaviz v. ades/azdes (Ariz. Ct. App. 2017).
“¶9 On June 1, 2017, this court granted Galaviz’ application for appeal and ordered the parties to address (1) whether Galaviz is entitled to a waiver under A.R.S. § 46-213(B) (2017), and (2) whether ADES should be 3 GALAVIZ v.”
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