Ariz. Admin. Code § R4-39-403 - Complaint Procedures

Current through Register Vol. 48, No. 14, April 8, 2022

A. If a student has a complaint against a licensee and exhausts all available grievance procedures, including all appeals, established by the licensee, the student may file a written complaint with the Board. The student shall ensure that the complaint is filed within two years after the latest of the following. The date on which the student:
1. Last attended the licensee;
2. Completed the licensee's grievance procedure, including all appeals; or
3. Is able to demonstrate that the licensee failed to follow the licensee's grievance procedure.
B. A student who files a complaint under subsection (A) shall:
1. Use a form that is available from the Board,
2. Sign the form and attest that all information provided is true and correct, and
3. Attach to the form documentation that supports the allegations on which the complaint is based.
C. The Board shall not accept an anonymous complaint. An individual, whether a student or non-student, who files a complaint may request to remain anonymous to the licensee if the individual believes the complaint may result in adverse action towards the individual. The Board cannot, however, guarantee that disclosure of the individual's identity will not occur in the process of honoring the licensee's due process rights.
D. The Board shall not accept a complaint regarding a grade dispute or the licensee's employment practices or compliance with the Americans with Disabilities Act.
C. E.After the complaint committee authorized under A.R.S. § 32-3052(D) reviews the complaint and the results of the staff investigation of the complaint, the complaint committee shall take one of the actions defined under A.R.S. § 32-3052(E).

1. Determine that the student complaint needs further investigation. Based upon the outcome of the investigation, the complaint may be re-heard by the Complaint Committee or referred to the Board;

2. Determine that the student complaint does not demonstrate that a violation of statute or rule occurred and recommend to the Board that the complaint be dismissed; or

3. Determine that the complaint demonstrates that a violation of statute or rule occurred and send a report of its findings and recommendation to the Board.

D. Upon receipt of the Complaint Committee's findings and recommendation, the Board shall affirm, reverse, adopt, modify, supplement, amend, or reject the report, in whole or in part, and determine there are reasonable grounds that the complaint demonstrates a violation of Board statutes and rules.

E. If the Board determines there are reasonable grounds to believe that the complaint demonstrates a violation of Board statute or rules, the Board shall set the matter for hearing under A.R.S. § 41-1092 et seq.

F. If a non-student has a complaint against a licensee, the non-student may file a written complaint with the Board. The non-student complainant shall ensure that the complaint is filed within one year from the date on which the event prompting the complaint occurred.
G. Subsections (B) through (E) apply to non-student complaints.

Notes

Ariz. Admin. Code § R4-39-403
Adopted effective May 21, 1985 (Supp. 85-3). Amended by final rulemaking at 6 A.A.R. 1129, effective March 7, 2000 (Supp. 00-1). Amended by final rulemaking at 22 A.A.R. 921, effective 6/4/2016.

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