Ariz. Admin. Code § R6-5-7421 - Adverse Action; Procedures; Effective Date

A. When the Licensing Authority plans to take adverse action against a licensee, the Licensing Authority shall give the licensee written notice of the adverse action by certified mail.

B. The notice shall specify:

1. The action taken;

2. All reasons supporting the action;

3. The sections of law justifying the action;

4. The procedures by which an applicant or licensee may contest the action taken, and the time periods for doing so;

5. An explanation of the applicant or licensee's right to request an informal settlement conference as prescribed in A.R.S. § 41-1092.03(A); and

6. If the Licensing Authority summarily suspends a license as provided in A.R.S. § 41-1064(C), the required finding of emergency.

C. The following actions are not appealable adverse actions:

1. Imposition of a corrective action plan to bring the licensee into compliance with licensing requirements, absent any material change in licensing status;

2. Denial or revocation of permission for an alternate method of compliance or operation of a barracks facility as prescribed in R6-5-7461(B) and R6-5-7462(B); and

3. A staff member's failure to clear the criminal history check prescribed in R6-5-7431(B).

D. Except as otherwise provided in A.R.S. § 41-1064 for emergency suspensions, adverse action is effective:

1. If a licensee does not appeal the adverse action, 31 days after the postmark date of the notice prescribed in subsection (A); or

2. If the licensee appeals the adverse action, when there is a final administrative decision, as prescribed in A.R.S. § 41-1092.08(D), affirming the adverse action.

Notes

Ariz. Admin. Code § R6-5-7421

Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).