Ariz. Admin. Code § R9-16-505 - Enforcement

A. For each type of license or approval issued by the Department under this Article, Table 5.1 specifies the overall time-frame described in A.R.S. § 41-1072(2) .

1. A regular license is valid for two years.

2. An applicant and the Department may agree in writing to extend the substantive review time-frame and the overall time-frame.

3. An 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 or approval issued by the Department under this Article, Table 5.1 specifies the administrative completeness review time-frame described in A.R.S. § 41-1072(1) .

1. The administrative completeness review time-frame begins on the date the Department receives:

a. An application packet required in R9-10-502 and R9-10-503, or

b. A request for continuing education course approval according to R9-10-504 .

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 packet or request for continuing education course approval is not complete, the notice of deficiencies shall list each deficiency and the documents or information needed to complete the license application packet or request for continuing education course approval.

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 documents or information.

c. If the applicant does not submit to the Department all the information 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within 30 calendar days after the date of the notice of deficiencies, the Department shall consider the application withdrawn.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 or approval 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 or approval issued by the Department under this Article, Table 5.1 specifies the substantive review time-frame described in A.R.S. § 41-1072(3), which begins on the date of the notice of administrative completeness.

1. Within the substantive review time-frame, the Department shall provide a written notice to the applicant that the Department issued or denied the license or continuing education course approval.

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 to allow one or more supplemental requests for additional information or documentation, the Department may make the number of supplemental requests agreed to between the Department and the applicant.

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 documents and information 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 information or documentation within 30 calendar days after the date of the request, the Department shall deny the license or approval.

D. An applicant who is denied a license may appeal the denial according to A.R.S. Title 41, Chapter 6, Article 10.

A. The Department may, as applicable:

1. Deny, revoke, or suspend an speech-language pathologist assistant 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 public health and safety,

4. The number of violations,

5. The number of clients affected by the violations,

6. The degree of harm to a client,

7. A pattern of noncompliance, and

8. Any mitigating or aggravating circumstances.

Notes

Ariz. Admin. Code § R9-16-505

New Section made by final rulemaking at 15 A.A.R. 2132, effective January 30, 2010 (Supp. 09-4). Amended by exempt rulemaking at 20 A.A.R. 1998, effective 7/1/2014. Adopted by final expedited rulemaking at 26 A.A.R. 852, effective 4/8/2020.