Section R9-14-606. Provisional Licensing

A.      The Department may issue a provisional license to a licensee when the Department suspends the licensee’s regular license because of deficiencies identified in an investigation, labora- tory inspection, or proficiency testing, or any combination of the three, if the licensee agrees to carry out a plan acceptable to the Department to eliminate the deficiencies.

B.       In determining whether  to issue a  provisional license,  the Department shall consider:

1.        The nature of the deficiencies upon which the suspension is based;

2.        The licensee’s history of compliance with A.R.S. Title 36, Chapter 4.3 and this Article;

3.        The extent to which the public health and safety may be impacted by the continued operation of the laboratory with a provisional license; and

4.        The extent to which the public’s interests are served by allowing the licensee the opportunity to correct the defi- ciencies and continue operating with a provisional license.

C.      The Department shall issue an amended list of parameters for a provisional license.

D.      A licensee shall return its regular license to the Department within 14 days after receiving written notification of license suspension.

E.       A provisional license is valid for a period established by the Department, not to exceed 12 months.

F.       A licensee with a provisional license who desires to obtain a regular license shall apply for an initial license at least 30 days before the provisional license expires.

G.      The Department shall issue a regular license as described in subsection (F) only upon determining that a licensee is in full compliance with the corrective action plan; A.R.S. Title 36, Chapter 4.3; and this Article.

H.      The Department shall not issue a provisional license to an applicant for an initial license.

Historical Note

Adopted effective August 16, 1985 (Supp. 85-4). Former Section R9-14-606 repealed, new Section R9-14-606 adopted effective December 20, 1991 (Supp. 91-4). Sec- tion citation corrected in preceding historical note; former Section R9-14-606 renumbered to R9-14-607; new Sec- tion R9-14-606 renumbered from R9-14-605 and amended effective June 20, 1997 (Supp. 97-2). Former Section R9-14-606 renumbered to R9-14-607; new Sec- tion R9-14-606 renumbered from R9-14-605 and amended by final rulemaking at 7 A.A.R. 184, effective December 15, 2000 (Supp. 00-4). Amended by final

rulemaking at 12 A.A.R. 4798, effective December 5,

2006 (Supp. 06-4).