Section R6-5-7506. Stay of Adverse Action Pending Appeal

A.      The Department shall not carry out the adverse action until the time for appeal has run, except as otherwise provided in sub- section (C), and in the following circumstances:

1.        The appellant expressly waives the delay of action; or

2.        The appellant

a.        Is subject to the same adverse action for reasons other than those that are the subject of the current adverse action notice, and

b.        Received notice of and failed to timely appeal the adverse action being imposed for reasons other than those that are the subject of the current notice.

B.       If an appellant timely appeals an adverse action as provided in R6-5-7504, the Department shall not carry out the adverse action until a hearing officer issues a decision affirming the adverse action, except as otherwise provided in subsection (C), and in the following circumstances:

1.        The appellant expressly waives the delay of action;

2.        The appellant

a.        Is subject to the same adverse action for reasons other than those that are the subject of the current adverse action notice; and

b.        Received notice of and failed to timely appeal the adverse action being imposed for reasons other than those that are the subject of the current notice;

3.        The appeal challenges an action that is not appealable according to R6-5-7502(B);

4.        The appellant withdraws the request for hearing; or

5.        The appellant fails to appear for the hearing.

C.      The Department may summarily suspend a license, a certifi- cate, or registration on the CCR & R, as provided in A.R.S. § 41-1064(C).

Historical Note

Adopted effective June 4, 1998 (Supp. 98-2).