Section R4-6-901. Appeal Process for Licensure Ineligibility

A.      An applicant for licensure may be found ineligible because of unprofessional conduct or failure to meet licensure require- ments.

B.       If the ARC finds an applicant is ineligible because of failure to meet licensure requirements:

1.        The ARC shall send a written notice of the finding of ineligibility to the applicant with an explanation of the basis for the finding.

2.        An applicant who wishes to appeal the finding of ineligi- bility shall submit a written request for an informal review meeting to the ARC within 30 days after the notice of ineligibility is served. If an informal review meeting is not requested within the time provided, the ARC shall recommend to the Board that licensure be denied and the licensee’s file be closed with no recourse to appeal.

3.        If a request for an informal review meeting is received within the 30 days provided under subsection (B)(2), the ARC shall schedule the informal review meeting and pro- vide at least 30-days’ notice to the applicant. At the infor- mal review meeting, the ARC shall allow the applicant to present additional information regarding the applicant’s qualifications for licensure.

4.        When the review is complete, the ARC shall make a sec- ond finding whether the applicant is eligible for licensure. The ARC shall send written notice of this second finding to the applicant with an explanation of the basis for the finding.

5.	If the ARC again finds the applicant is ineligible for	4.	When  the  informal  review  meeting   is  complete,  the
	licensure, an applicant who wishes to appeal the second		Board shall make a second finding whether the licensee
	finding of ineligibility shall submit a written request to		meets renewal requirements. The Board shall send writ-
	the Board for a formal administrative hearing under the		ten notice of this second finding to the licensee with an
	Administrative Procedure Act. A.R.S. Title 41, Chapter		explanation of the basis for the finding.
	6, Article 10, within 30 days after the second notice of	5.	If the Board again finds the licensee is ineligible for
	ineligibility is served. The Board shall either refer the		licensure renewal, a licensee who wishes to appeal the
	request for a formal administrative hearing to the Office		second  finding   of  ineligibility  shall  submit  a  written
	of  Administrative   Hearings  or  schedule  the  formal		request to the Board for a formal administrative hearing
	administrative  hearing  before  the  Board.   If  a  formal		under the Administrative Procedure Act, A.R.S. Title 41,
	administrative hearing is not requested within 30 days,		Chapter 6, Article 10, within 30 days after the second
	the ARC shall recommend to the Board that licensure be		notice of ineligibility is served. The Board shall either
	denied and the applicant’s file be closed with no recourse		refer the request for a formal administrative hearing to the
	to appeal.		Office of Administrative Hearings or schedule the formal
6.	If the formal administrative hearing is held before the		administrative  hearing   before  the  Board.  If  a  formal
	Office  of  Administrative   Hearings,  the  Board  shall		administrative hearing is not requested within 30 days,
	review the findings of fact, conclusions of law, and rec-		the Board shall deny licensure renewal and close the
	ommendation and issue an order either to grant or deny		licensee’s file with no recourse to appeal.
	licensure.	6.	If the formal administrative hearing is held before the
7.	If the formal administrative hearing is held before the		Office  of  Administrative   Hearings,  the  Board  shall
	Board, the Board shall issue the findings of fact and con-		review the findings of fact, conclusions of law, and rec-
	clusions of law and shall issue an order either to grant or		ommendation and issue an order either to grant or deny
	deny licensure.		licensure renewal.
8.	The Board shall send the applicant a copy of the final	7.	If the formal administrative hearing is held before the
	findings of fact, conclusions of law, and order. An appli-		Board, the Board shall issue the findings of fact and con-
	cant who is denied licensure following a formal adminis-		clusions of law and issue an order either to grant or deny
	trative  hearing   is  required   to  exhaust   the  applicant’s		licensure renewal.
	administrative remedies as described in R4-6-1002 before	8.	The Board shall send the licensee a copy of the final find-
	seeking judicial review of the Board’s final administra-		ings of fact, conclusions of law, and order. A licensee
	tive decision.		who  is  denied   licensure  renewal  following  a  formal

C.      If the Board receives a complaint against an applicant while the applicant is under review for licensure, the Board shall review the complaint in accordance with the procedures in R4- 6-1001. The Board shall not take final action on an application while a complaint is pending against the applicant.

Historical Note

New Section made by exempt rulemaking at 10 A.A.R. 2700, effective July 1, 2004 (Supp. 04-2). Amended by final exempt rulemaking pursuant to Laws 2015, Chapter 154, § 10, at 21 A.A.R. 2630, effective November 1,

2015 (Supp. 15-4).