Section R13-6-401. Denial of Agency License or Registration Certifi- cate

A.      The Department shall deny an agency license or registration certificate to an applicant if the Department determines that the applicant does not meet the requirements of A.R.S. § 32- 2612 or 32-2622, or there are grounds for denial under A.R.S.

§ 32-2640 or 32-2641. The Department shall send a notice of denial to the applicant at the address on file with the Depart- ment. The Department shall ensure that the notice of denial meets the requirements at A.R.S. § 41-1092.03(A).

B.       If a request for hearing is received, the Department shall:

1.        Send a notice of the date and time of the hearing to the applicant,

2.        Set the hearing date at least 30 days after the date of the notice, and

3.        Hold the hearing before the Board.

C.      If the applicant does not appear at the scheduled hearing, the Board shall conduct the hearing in the applicant’s absence.

D.      Within 20 days after conclusion of the hearing, the Board shall prepare findings of fact, conclusions of law, and a recommen- dation for the Director.

E.       Within 30 days after receiving a copy of the recommendation, the Director shall adopt the recommendation in its entirety, modify it, or decide the case upon the record and issue a final decision.

F.       The Department shall send a copy of the Director’s final deci- sion to the applicant at the address on file with the Depart- ment.

G.      A denied applicant shall not apply again for at least one year from the date of denial.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).