Section R9-21-410. Miscellaneous

A.       Disqualification of official. The agency director, deputy direc- tor of the Division, investigator, or any other official with authority to act on a grievance or request for investigation shall disqualify themselves from acting, if such official cannot act on the matter impartially and objectively, in fact or in appearance. In the event of such disqualification, the official shall forthwith prepare and forward a written, dated memoran- dum explaining the reasons for the decision to the deputy director of the Division or designee or director of the Depart- ment or designee, as appropriate, who shall, within 10 days of receipt of the memorandum, take such steps as are necessary to resolve the grievance in an impartial, objective manner.

B.       Request for extension of time.

1.        The investigator or any other official of a mental health agency acting according to this Article may secure an extension of any time limit provided in this Article with the permission of the director of the regional authority.

2.        The investigator or any other official of an inpatient facil- ity acting according to this Article may secure an exten- sion of any time limit provided in this Article with the permission of the deputy director of the Division.

3.        The investigator or any other official of the office of the deputy director of the Division acting according to this Article may secure an extension of any time limit pro- vided in this Article with the permission of the director of the Department.

4.        An extension of time may only be granted upon a show- ing of necessity and a showing that the delay will not pose a threat to the safety or security of the client.

5.        A request for extension shall be in writing, with copies to all parties. The request shall explain why an extension is

needed and propose a new time limit which does not unreasonably postpone a final resolution of the matter.

6.        Such request shall be submitted to and acted upon by the director of the regional authority, deputy director of the Division, or director of the Department, as appropriate, prior to the expiration of the original time limit. Failure of the relevant official to act within the time allowed shall constitute a denial of the request for an extension.

C.       Procedural irregularities.

1.        Any party may protest the failure or refusal of any official with responsibility to take action in accord with the pro- cedural requirements of this Article, including the time limits, by filing with the deputy director of the Division a written protest. A protest concerning the failure or refusal to take action by the deputy director of the Division or designee should be filed with the director of the Depart- ment.

2.        Within 10 days of the filing of such a protest, the official with whom it is filed shall take appropriate action to ensure that if there is or was a violation of a procedure or timeline, it is promptly corrected, including, if appropri- ate, disciplinary action against the official responsible for the violation or by removal of an investigator or hearing officer and the appointment of a substitute.

D.       Deputy director’s or director’s investigation.

1.        The deputy director of the Division or director of the Department may at any time order that a special investi- gator review and report directly to the director or deputy director as to the facts of a grievance or condition requir- ing investigation, including a death or other matter.

2.        The special investigator, deputy director and director shall comply with the time limits and other procedures for an investigation set forth in this Article.

3.        Any final decision issued by the deputy director of the Division or the director of the Department based on such an investigation under this rule is appealable as provided in R9-21-408.

4.        Nothing in this Article shall prevent the Department or the Division from conducting an investigation indepen- dent of these rules.

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 by

exempt rulemaking at 9 A.A.R. 3296, effective June 30,

2003 (Supp. 03-2).