Ariz. Admin. Code § R21-7-115 - Adverse Action; Procedures

A. The Department shall give the licensee written notice of an adverse action by certified mail.

B. The Department may consider the following factors when making a determination for an adverse action:

1. The nature of the violation,

2. Any history of prior violations,

3. Licensee's implementation and compliance with a corrective action, and

4. Other comparable factors demonstrating the licensee's ability and willingness to follow through with corrective actions to avoid future violations.

C. The notice shall specify:

1. Reasons supporting the action;

2. The action taken;

3. The sections of law, rule, or ordinance justifying the action;

4. The procedures by which an applicant or licensee may appeal the adverse action taken and the time frame to appeal; and

5. A description of the applicant or licensee's right to request an informal settlement conference as prescribed in A.R.S. § 41-1092.03.

D. A suspension of the license or an operating certificate shall detail the finding of a health, safety, or welfare concern that imperatively requires emergency action as prescribed in A.R.S. § 41-1064.

Notes

Ariz. Admin. Code § R21-7-115

New Section made by final rulemaking at 29 A.A.R. 2231, effective 11/6/2023.