Section R9-21-407. Administrative Appeal

A.       Any grievant or the client who is the subject of the grievance who is dissatisfied with the final decision of the agency direc- tor may, within 30 days of receipt of the decision, file a notice of appeal with the deputy director of the Division. The appeal- ing party shall send copies of the notice to the other parties and their representatives and to the agency director, who shall for- ward the full case record to the deputy director of the Division.

B.       The deputy director of the Division shall review the notice of appeal and the case record, and may discuss the matter with any of the persons involved or convene an informal confer- ence. Within 15 days of the filing of the appeal, the deputy director of the Division shall prepare a written, dated decision which shall either:

1.        Accept the investigator’s report, in whole or in part, at least with respect to the facts as found, and affirm, mod- ify or reject the decision of the agency director with a statement of reasons; or

2.        Reject the investigator’s report for insufficiency of facts and return the matter with instructions to the agency director for further investigation and decision. In such event, the further investigation shall be completed and a revised report and decision shall be delivered to the dep- uty director of the Division within 10 days. Upon receipt of the report and decision, the deputy director of the Divi- sion shall render a final decision, consistent with the pro- cedures set forth in subsection (B)(1).

3.        A designated representative shall be afforded the oppor- tunity to be present at any meeting or conference con- vened by the deputy director of the Division to which the represented party is invited.

4.        The deputy director of the Division shall send copies of the decision to:

a.        The parties, together with a notice of appeal rights according to A.R.S. § 41-1092.03;

b.        The agency director; and

c.        The Office  of Human Rights and  the applicable human rights committee for all clients, including cli- ents who are in need of special assistance.

Historical Note

Adopted under an exemption from A.R.S. Title 41, Chap- ter 6 pursuant to Laws 1992, Ch. 301, § 61, effective October 7, 1992; received in the Office of the Secretary of State October 14, 1992 (Supp. 92-4). Amended under an exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301, § 61, effective September 30, 1993 (Supp. 93-3). Former Section R9-21-407 renumbered to R9-21-408; new Section R9-21-407 renumbered from

R9-21-406 and amended by exempt rulemaking at 9

A.A.R. 3296, effective June 30, 2003 (Supp. 03-2).