B. If the ARC finds
an applicant is ineligible because of failure to meet licensure requirements:
1. The ARC shall send a written notice of the
finding of ineligibility to the applicant with an explanation of the basis for
the finding.
2. An applicant who
wishes to appeal the finding of ineligibility shall submit a written request
for an informal review meeting to the ARC within 30 days after the notice of
ineligibility is served. If an informal review meeting is not requested within
the time provided, the ARC shall recommend to the Board that licensure be
denied and the licensee's file be closed with no recourse to appeal.
3. If a request for an informal review
meeting is received within the 30 days provided under subsection (B)(2), the
ARC shall schedule the informal review meeting and provide at least 30-days'
notice to the applicant. At the informal review meeting, the ARC shall allow
the applicant to present additional information regarding the applicant's
qualifications for licensure.
4.
When the review is complete, the ARC shall make a second finding whether the
applicant is eligible for licensure. The ARC shall send written notice of this
second finding to the applicant with an explanation of the basis for the
finding.
5.
If the credentialing committee again finds the
applicant is ineligible for licensure, an applicant who wishes to appeal the
second finding of ineligibility shall submit a written request for an informal
meeting to the credentialing committee within 30 days from the date of service
of the notice of ineligibility. If an informal meeting is not requested within
the time provided, the credentialing committee shall recommend to the Board
that licensure be denied and that the licensee's file be closed with no
recourse to appeal.
6.
If a request for an informal meeting is received
within the required 30 days, the credentialing committee shall schedule the
informal meeting and provide a minimum of 30 days notice of the informal
meeting to the applicant. At the informal meeting, the credentialing committee
shall allow the applicant to present additional information regarding the
applicant's qualifications for licensure.
7.
Upon completion of the informal meeting, the
credentialing committee shall make a third finding whether the applicant is
eligible for licensure. The agency shall send written notice of this third
finding to the applicant.
8.
5. If the ARC again
finds the applicant is ineligible for licensure, an applicant who wishes to
appeal the second finding of ineligibility shall submit a written request to
the Board for a formal administrative hearing under the Administrative
Procedure Act. A.R.S. Title 41, Chapter 6, Article 10, within 30 days after the
second notice of ineligibility is served. The Board shall either refer the
request for a formal administrative hearing to the Office of Administrative
Hearings or schedule the formal administrative hearing before the Board. If a
formal administrative hearing is not requested within 30 days, the ARC shall
recommend to the Board that licensure be denied and the applicant's file be
closed with no recourse to appeal.
9.
6. If the formal
administrative hearing is held before the Office of Administrative Hearings,
the Board shall review the findings of fact, conclusions of law, and
recommendation and issue an order either to grant or deny licensure.
10.7. If
the formal administrative hearing is held before the Board, the Board shall
issue the findings of fact and conclusions of law and shall issue an order
either to grant or deny licensure.
11.8. The Board shall send
the applicant a copy of the final findings of fact, conclusions of law, and
order. An applicant who is denied licensure following a formal administrative
hearing is required to exhaust the applicant's administrative remedies as
described in
R4-6-1002 before seeking judicial review of the Board's final administrative decision.
