Section R20-5-315. Procedure for Investigation and Disposition of Complaints Filed Under A.R.S. § 23-529

A.      A complaint described in A.R.S. § 23-529 shall be filed with the Department within 90 days of the date on which the event giving rise to the complaint occurred.

B.       Upon receipt of a complaint, the Department shall conduct a thorough investigation of the facts relative to the alleged mis- conduct including obtaining a response from the licensee that is the subject of the complaint. If, upon completion of its investigation, the Department determines that there is suffi- cient evidence to warrant a revocation or suspension hearing, the Department shall present its findings to the Commission. If the Commission agrees with the Department that there is suffi- cient evidence to warrant a revocation or suspension hearing, the Commission shall direct the secretary of the Commission to serve the subject licensee with a verified complaint under

A.R.S. § 23-529. In addition to the requirements set forth in

A.R.S. § 23-529, the verified complaint shall contain the fac- tual findings of the Department and a statement that the Com- mission shall consider the failure of the licensee to appear at hearing to be an admission of the factual findings in the veri- fied complaint.

C.      Except as provided in A.R.S. § 23-529, A.A.C R20-5-312, R20-5-313, and R20-5-314 govern hearing rights and proce- dures for revocation and suspension hearings.

Historical Note

Adopted effective March 9, 1981 (Supp. 81-2). R20-5- 315 recodified from R4-13-315 (Supp. 95-1). Section R20-5-315 repealed; new Section R20-5-315 adopted effective September 9, 1998 (Supp. 98-3).