Section R4-24-306. Hearings

A.      To facilitate investigation of a complaint, the Board may con- duct an informal hearing. The Board shall send written notice of an informal hearing to the individual who is the subject of the complaint, by personal service or certified mail, return receipt requested, at least 30 days before the informal hearing.

B.       The Board shall ensure that the written notice of informal hearing contains the following information:

1.        The time, date, and place of the informal hearing;

2.        An explanation of the informal nature of the proceedings;

3.        The individual’s right to appear with or without legal counsel;

4.        A statement of the allegations and issues involved with a citation to relevant statutes and rules;

5.        The individual’s right to a formal hearing under A.R.S. Title 41, Chapter 6, Article 10 instead of the informal hearing;

6.        The licensee’s or certificate holder’s right to request under A.R.S. § 32-3206(A) a copy of information the Board will use in making its determination; and

7.        Notice that the Board may take disciplinary action as a result of the informal hearing if it finds the individual vio- lated A.R.S. Title 32, Chapter 19, or this Chapter;

C.      The Board shall ensure that an informal hearing proceeds as follows:

1.        Introduction of the respondent and, if applicable, legal counsel for the respondent;

2.        Introduction of the Board members, staff, and Assistant Attorney General present;

3.        Swearing in of the respondent and witnesses;

4.        Brief summary of the allegations and purpose of the informal hearing;

5.        Optional opening comment by the respondent;

6.        Questioning of the respondent by the Board and question- ing of witnesses by the Board and the respondent;

7.        Optional additional comments by the respondent; and

8.        Deliberation and deciding the case by the Board.

Historical Note

New Section R4-24-306 renumbered from R4-24-107 and amended by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). R4-24-306 renum- bered to R4-24-307; new Section R4-24-306 renumbered

from R4-24-305 and amended by final rulemaking at 14

A.A.R. 3418, effective October 4, 2008 (Supp. 08-3).