Section R15-3-308. Revocation or Suspension of Distributor’s License

A.      The Department cannot issue or renew a distributor’s license, and may revoke the existing license of a distributor, if any of the conditions listed under A.R.S. § 42-3201(F) applies.

B.       Except as otherwise provided in A.R.S. § 42-3201 and this Section, the Department may revoke or suspend a license for more than two violations within a three-year period of any provision of A.R.S. Title 42 or this Article, pursuant to A.R.S.

§ 42-3201(G).

C.      The Department may revoke a license for any violation of A.R.S. § 42-3210(B)(1).

D.      The Department shall give written notice of a revocation or suspension to a licensee by delivering the notice to the licensee by certified mail, return receipt requested, to the licensee's business location or by personal service.

E.       The licensee shall request a hearing in writing within 30 days after receipt of the notice to appeal the revocation or suspension to the Department. If the notice is delivered by certified mail, return receipt requested, the licensee is presumed to have received notice upon the date shown on the return receipt signed by or on behalf of the licensee, or, if the receipt is unsigned, upon the date that the United States Postal Service attempted to deliver the notice. If the notice is delivered by personal service, the licensee is presumed to have received notice upon the date of service.

F.       If the licensee does not file an appeal within the 30-day period, the Department's determination becomes final. The Department shall consider the appeal filed on the earlier of the date received by the Department or the date deposited in the United States mail as evidenced by a postmark. If the licensee files a timely appeal, the Department shall request a hearing by the Office of Administrative Hearings.

G.      If the licensee appeals the revocation or suspension, the Department shall suspend action until the final order of the Department has been issued under A.A.C. R15-10-131.

H. Pursuant to A.R.S. §§ 41-1092.11(B) and 42-3201(G), the Department may order the summary suspension of a license, pending a hearing by the Office of Administrative Hearings on the revocation or suspension, if the Department finds that the public health, safety, or welfare imperatively requires emergency action and incorporates the finding in the written notice described in subsection (D).

Historical Note

Adopted effective March 18, 1981 (Supp. 81-2). Former Section R15-3-308 renumbered to Section R15-3-306, new Section R15-3-308 renumbered from R15-3-310 and amended effective June 20, 1990 (Supp. 90-2). Amended by final rulemaking at 5 A.A.R. 2168, effective June 15, 1999 (Supp. 99-2). Amended by final rulemaking at 14

A.A.R. 4410, effective January 3, 2009 (Supp. 08-4). Amended by exempt rulemaking at 19 A.A.R. 520,

effective February 19, 2013 (Supp. 13-1).