Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 06 - Board Of Behavioral Health Examiners › Article 9 - APPEAL OF LICENSURE OR LICENSURE RENEWAL INELIGIBILITY › Section R4-6-902 - Appeal Process for Licensure Renewal Ineligibility

Current through Register Vol. 30, No. 28, July 12, 2024
A. A licensee who applies for licensure
				renewal may be found ineligible because of failure to meet licensure renewal
				requirements.
B. If the Board finds
				an applicant for licensure renewal is ineligible because of failure to meet
				licensure renewal requirements:
1. The Board
				shall send a written notice of the finding of ineligibility to the licensee
				with an explanation of the basis for the finding.
2. A licensee who wishes to appeal the
				finding of ineligibility for licensure renewal shall submit a written request
				for an informal review meeting to the Board within 30 days after the notice of
				ineligibility is served. If an informal review meeting is not requested within
				the time provided, the Board shall deny licensure renewal and close the
				licensee's file 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
				Board shall schedule the informal review meeting and provide at least 30-days'
				notice to the licensee. At the informal review meeting, the Board shall allow
				the licensee to present additional information regarding the licensee's
				qualifications for renewal.
4. When
				the informal review meeting is complete, the Board shall make a second finding
				whether the licensee meets renewal requirements. The Board shall send written
				notice of this second finding to the licensee with an explanation of the basis
				for the finding.
5. If the Board
				again finds the licensee is ineligible for licensure renewal, a licensee who
				wishes to appeal the second finding of ineligibility shall submit a written
				request to the Board for a formal administrative hearing under the
				Administrative Procedure Act, A.R.S. Title 41, Chapter 6, Article 10, within 30
				days after the second notice of ineligibility is served. The Board shall either
				refer the request for a formal administrative hearing to the Office of
				Administrative Hearings or schedule the formal administrative hearing before
				the Board. If a formal administrative hearing is not requested within 30 days,
				the Board shall deny licensure renewal and close the licensee's file with no
				recourse to appeal.
6. If the
				formal administrative hearing is held before the Office of Administrative
				Hearings, the Board shall review the findings of fact, conclusions of law, and
				recommendation and issue an order either to grant or deny licensure
				renewal.
7. If the formal
				administrative hearing is held before the Board, the Board shall issue the
				findings of fact and conclusions of law and issue an order either to grant or
				deny licensure renewal.
8. The
				Board shall send the licensee a copy of the final findings of fact, conclusions
				of law, and order. A licensee who is denied licensure renewal following a
				formal administrative hearing is required to exhaust the licensee's
				administrative remedies as described in
				R4-6-1002
				before seeking judicial review of the Board's final administrative
				decision.