Ariz. Admin. Code § R21-1-313 - Effect of the Decision

A. If the Department Director reviews the ALJ's recommended decision the Director may agree or disagree with the recommended decision as permitted in A.R.S. § 41-1092.08(F).

B. The Department Director's final administrative decision becomes effective on the day OAH certifies the Department Director's final administrative decision.

C. If the Department Director chooses not to review the recommended decision, then the ALJ's recommended decision becomes the final administrative decision within the timeframe under A.R.S. § 41-1092.08.

D. If the final administrative decision affirms the adverse action, the adverse action remains in effect until the appellant appeals and obtains a higher judicial decision reversing or vacating the final administrative decision.

E. If a final administrative decision reverses the Department's adverse action, the Department shall not take the adverse action.

Notes

Ariz. Admin. Code § R21-1-313

Adopted by exempt rulemaking at 21 A.A.R. 2554, effective 11/30/2015.