Ariz. Admin. Code § R9-16-214 - Time-frames

A. The Department may, as applicable:

1. Deny, revoke, or suspend an audiologist or speech-language pathologist's license under A.R.S. § 36-1934 ;

2. Request an injunction under A.R.S. § 36-1937 ; or

3. Assess a civil money penalty under A.R.S. § 36-1939 .

B. In determining which disciplinary action specified in subsection (A) is appropriate, the Department shall consider:

1. The type of violation,

2. The severity of the violation,

3. The danger to the public health and safety,

4. The number of violations,

5. The number of clients affected by the violations,

6. The degree of harm to the consumer,

7. A pattern of noncompliance, and

8. Any mitigating or aggravating circumstances.

C. A licensee may appeal a disciplinary action taken by the Department according to A.R.S. Title 41, Chapter 6, Article 10.

D. The Department shall notify a licensee's employer within five calendar days after the Department initiates a disciplinary action against a licensee.

A. For each type of license issued by the Department under this Article, Table 2.1 specifies the overall time-frame described in A.R.S. § 41-1072(2).
1. An applicant and the Department may agree in writing to extend the substantive review time-frame and the overall time-frame.
2. The extension of the substantive review time-frame and the overall time-frame may not exceed 25% of the overall time-frame.
B. For each type of license issued by the Department under this Article, Table 2.1 specifies the administrative completeness review time-frame described in A.R.S. § 41-1072(1).
1. The administrative completeness review time-frame begins the date the Department receives an application required in this Article.
2. Except as provided in subsection (B)(3), the Department shall provide a written notice of administrative completeness or a notice of deficiencies to an applicant within the administrative completeness review time-frame.
a. If a license application is not complete, the notice of deficiencies listing each deficiency and the information or documentation needed to complete the application.
b. A notice of deficiencies suspends the administrative completeness review time-frame and the overall time-frame from the date of the notice until the date the Department receives the missing information or documentation.
c. If the applicant does not submit to the Department all the information or documentation listed in the notice of deficiencies within 30 calendar days after the date of the notice of deficiencies, the Department shall consider the application withdrawn.
3. If the Department issues a license during the administrative completeness review time-frame, the Department shall not issue a separate written notice of administrative completeness.
C. For each type of license issued by the Department under this Article, Table 2.1 specifies the substantive review time-frame described in A.R.S. § 41-1072(3), which begins on the date the Department sends a written notice of administrative completeness.
1. Within the substantive review time-frame, the Department shall provide a written notice to the applicant that the Department approved or denied.
2. During the substantive review time-frame:
a. The Department may make one comprehensive written request for additional information or documentation; and
b. If the Department and the applicant agree in writing, the Department may make supplemental requests for additional information or documentation.
3. A comprehensive written request or a supplemental request for additional information or documentation suspends the substantive review time-frame and the overall time-frame from the date of the request until the date the Department receives all the information or documentation requested.
4. If the applicant does not submit to the Department all the information or documentation listed in a comprehensive written request or supplemental request for additional information or documentation within 30 calendar days after the date of the request, the Department shall deny the license or approval.
D. The Department shall issue a regular license or a temporary license:
1. Within five calendar days after receiving the license fee, and
2. From the date of issue, the license is valid for:
a. Two years, if a regular license, and
b. Twelve months, if a temporary license.
E. An applicant who is denied a license may appeal the denial according to A.R.S. Title 41, Chapter 6, Article 10.

Notes

Ariz. Admin. Code § R9-16-214
Adopted as an emergency effective July 12, 1982, pursuant to A.R.S. § 41-1003, valid for 90 days (Supp. 82-4). Emergency expired. Permanent rule R9-16-214 adopted effective January 14, 1983 (Supp. 83-1). Repealed effective March 14, 1994 (Supp. 94-1). Amended by exempt rulemaking at 20 A.A.R. 1998, effective 7/1/2014. Adopted by final expedited rulemaking at 26 A.A.R. 816, effective 4/8/2020.

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