Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 01 - BOARD OF ACCOUNTANCY › Article 1 - GENERAL › Section R4-1-114 - Hearing; Rehearing or Review

Current through Register Vol. 30, No. 28, July 12, 2024
A.Hearing: The Board or an Administrative Law
				Judge (ALJ) employed by the Office of Administrative Hearings (OAH) shall hear
				all contested cases and appealable agency actions. The Board shall conduct
				hearings according to the provisions of A.R.S. Title 41, Chapter 6, Article 10
				as supplemented by R4-1-117. The OAH shall conduct hearings according to A.R.S.
				Title 41, Chapter 6, Article 10 and the rules and procedures established by the
				OAH. To the extent that there is no conflict with A.R.S. Title 41, Chapter 6,
				Article 10, the provisions of A.R.S. §
									32-743
				apply to hearings conducted by the Board and the OAH. The following subsections
				apply to hearings conducted by the Board and hearings conducted by the OAH
				where applicable.
1. Power to join any
				interested party: Any board member or the ALJ may join as a party applicant or
				as a party defendant, any person, firm or corporation, that appears to have an
				interest in the matter before the Board.
2. Stipulation at hearing: The parties may
				stipulate to facts that are not in dispute. The stipulation may be in writing
				or may be made orally by reading the stipulation into the record at the
				hearing. The stipulation is binding upon the parties unless the Board or the
				ALJ grants permission to withdraw from the stipulation. The Board or the ALJ
				may set aside any stipulation.
3.
				Settlements and consent orders: At any time before or after formal disciplinary
				proceedings have been instituted against a registrant, the registrant may
				submit to the Board an offer of conditional settlement to avoid formal
				disciplinary proceedings by the Board. In the offer of conditional settlement,
				the registrant shall agree to take specific remedial steps such as enrolling in
				CPE courses, limiting the scope of the registrant's practice, accepting
				limitation on the filing of public reports, and submitting the registrant's
				work product for peer review . If the Board determines that the proposed
				conditional settlement will protect the public safety and welfare and is more
				likely to rehabilitate or educate the registrant than formal disciplinary
				action under A.R.S. §
										32-741,
				the Board may accept the offer and enter an order that incorporates the
				registrant's proposed conditional settlement and to which the registrant
				consents. A consent order issued under this subsection shall provide that, upon
				successful compliance by the registrant with all provisions of the order, the
				disciplinary proceedings shall be terminated and any notice of hearing
				previously issued shall be vacated. The consent order shall further provide
				that, upon failure of the registrant to comply with all provisions of the
				order, or upon the discovery of material facts unknown to the Board at the time
				the Board issued the order, formal disciplinary proceedings against the
				registrant may be instituted or resumed. The consent order additionally may
				provide that, upon failure of the registrant to comply with all provisions of
				the order, the Board may immediately and summarily suspend the registrant's
				certificate for not more than one year. Within 30 days after the summary
				suspension, the registrant may request a hearing solely concerning the issue of
				compliance with the consent order.
4. Decisions and orders: The Board shall make
				all decisions and orders by a majority vote of the members considering the
				case. The Board shall issue a final written decision in a contested case or
				state the decision on the record. The decision shall state separately the
				findings of fact and conclusions of law on which the decision is based, and the
				Board's order to implement the decision. All written decisions and orders of
				the Board shall be signed by the President or Secretary of the Board. When the
				Board suspends or revokes the certificate of a registrant, the Board may order
				the registrant to return the registrant's certificate within 30 days after
				receipt of the order. The Board shall serve each party, each attorney of
				record, and the Attorney General with a copy of each decision or order of the
				Board, as provided in R4-1-117.