reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 39 - BOARD FOR PRIVATE POSTSECONDARY EDUCATION › Article 4 - OPERATION OF ALL LICENSED INSTITUTIONS › Section R4-39-406 - Ceasing to Operate or to Offer a Program; Teach-out Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. At least 60 days before a licensee ceases
				to operate or to offer a program in which a student is enrolled, the licensee
				shall determine whether there is another institution able and willing to offer
				a teach-out program to students enrolled with the licensee. If another
				institution is able and willing to offer a teach-out program, the licensee and
				teach-out institution shall enter a contract with the following terms:
1. The teach-out institution shall offer each
				student affected by the licensee ceasing to operate or to offer a program, an
				opportunity to resume and complete the program in which the student is
				enrolled, or a substantially similar program, within a reasonable time and same
				geographic area as the licensee;
2.
				The teach-out institution shall provide each affected student with timely
				notice of the availability of the teach-out program including information about
				differences between the teach-out program and the program in which the student
				is enrolled with the licensee;
3.
				The teach-out institution shall advertise the availability of the teach-out
				program;
4. The teach-out
				institution shall provide equitable treatment to the students in the teach-out
				program;
5. The teach-out
				institution shall not alter the mission or operations of the teach-out
				institution for currently enrolled students; and
6. The teach-out institution shall affirm the
				institution has the capacity to provide teach-out students with all instruction
				and services the teach-out students contracted for but did not receive from the
				licensee.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 39 - BOARD FOR PRIVATE POSTSECONDARY EDUCATION › Article 4 - OPERATION OF ALL LICENSED INSTITUTIONS › Section R4-39-407 - Use of Terms

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				provided in subsection (B), only an accredited, degree-granting licensee may
				use the term "university" or any other name or title in literature, catalogs,
				pamphlets, or other materials made available to the public that implies or
				would lead a reasonable person to believe the licensee is an institution of
				higher education or grants educational credentials, academic credit, or
				professional degrees.
B. A licensee
				may use the term "university" in its name if the licensee:
1. Offers at least one program leading to a
				post-baccalaureate or higher degree and is regionally or nationally accredited
				by a DE-recognized accrediting agency;
2. Was licensed in this state and used the
				term "university" in its name before the effective date of this Section;
				and
3. Is chartered or licensed in
				another state using the term "university" in its name.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 39 - BOARD FOR PRIVATE POSTSECONDARY EDUCATION › Article 4 - OPERATION OF ALL LICENSED INSTITUTIONS › Section R4-39-408 - Transfer of Credit

Current through Register Vol. 30, No. 28, July 12, 2024
A. A licensee
				may accept credit that a student earned for a course completed at another
				postsecondary education institution if the licensee determines that the course
				is comparable in scope and content to a course offered by the
				licensee.
B. A licensee that
				intends to allow a student to transfer credit from another postsecondary
				education institution to the licensee shall establish a transfer policy that:
1. Is based on appropriate criteria such as:
a. Comparability in scope and
				content,
b. Applicability to the
				program into which transfer is requested,
c. Competencies achieved in the course for
				which credit is to be transferred and whether the competencies align with the
				program into which transfer is requested,
d. Preparedness of the student at the time of
				transfer,
e. Age of the credit to
				be transferred, and
f. Grade earned
				in the course to be transferred;
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 39 - BOARD FOR PRIVATE POSTSECONDARY EDUCATION › Article 5 - INVESTIGATIONS; HEARING PROCEDURES; AND ASSESSING COSTS › Section R4-39-501 - Investigations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall
				investigate any sworn complaint against a person or entity alleging violation
				of A.R.S. §
									32-3001 et
				seq. or this Chapter. For purposes of this Section, "investigated party" means
				an entity or person that is the subject of a Board investigation.
B. Board staff may request production of
				records or information from an investigated party or complainant, and request
				an interview with an employee or agent of the investigated party. The
				investigated party may file written objections with the Board regarding the
				Board's request for production of records or information or an interview within
				15 days after receipt of the request. Unless the investigated party timely
				files an objection to the Board's request, the investigated party shall produce
				the requested documents or information and make an employee or agent of the
				investigated party available for interview by the Board. Board staff shall
				attempt to resolve informally an objection to a request for documents,
				information, or an interview. If no resolution is reached, the Board shall hear
				and decide the matter.
C. The Board
				shall not disclose documents and materials relating to an investigated matter
				except to the investigated party, until the matter is closed, settled by
				stipulation, or set for hearing under Title 41, Chapter 6, Article
				10.
D. When an investigation is
				complete, the matter shall be referred to the Board's Complaint Committee for
				consideration.
E. After
				consideration of the matter investigated, the Complaint Committee may take
any of the actions specified in A.R.S. §
										32-3052(E).
F. If the Complaint Committee
				refers the matter to the Board, the Board shall assess the information provided
				and take any of the actions authorized under A.R.S. §
									32-3052
				((F) through (J).
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 39 - BOARD FOR PRIVATE POSTSECONDARY EDUCATION › Article 5 - INVESTIGATIONS; HEARING PROCEDURES; AND ASSESSING COSTS › Section R4-39-502 - Hearings

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall
				ensure that all hearings are conducted before the Board or an administrative
				law judge under A.R.S. Title 41, Chapter 6, Article 10.
1. Parties may stipulate to any facts that
				are not in dispute. A stipulation may be made in writing or orally by reading
				the stipulation into the record of the hearing. A stipulation is binding on the
				parties unless the Board grants a party permission to withdraw from the
				stipulation. The Board may, on its own motion, set aside a stipulation and
				proceed to ascertain the facts.
2.
				The Board may, on its own motion or at the request of a party, call a
				conference of the parties at any time to clarify procedures for the hearing or
				legal or factual issues involved.
3. By order of the Board, proceedings
				involving a common question of law or fact may be consolidated for hearing of
				any or all of the matters at issue.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 39 - BOARD FOR PRIVATE POSTSECONDARY EDUCATION › Article 5 - INVESTIGATIONS; HEARING PROCEDURES; AND ASSESSING COSTS › Section R4-39-504 - Assessing Costs

Current through Register Vol. 30, No. 28, July 12, 2024
As authorized under A.R.S. §
									32-3052(M),
				  the Board may assess a person that is determined to have violated any provision
				  of A.R.S. Title 32, Chapter 30 and this Chapter the Board's reasonable costs
				  and expenses, including attorney fees, incurred in conducting an investigation,
				  informal interview, committee or Board meetings, or administrative
				  hearing.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 39 - BOARD FOR PRIVATE POSTSECONDARY EDUCATION › Article 6 - STUDENT TUITION RECOVERY FUND › Section R4-39-601 - Submission of Assessments

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before
				September 30 of each year, the Board shall provide written notice to each
				licensee specified in A.R.S. §
									32-3072(B)
				 from which an assessment, as defined in
				A.R.S. §
									32-3071(1),
				is due. The Board shall send the notice by certified mail and ensure that the
				notice specifies the amount of the assessment, date the assessment is due, and
				penalty for failing to pay the assessment timely. As authorized by A.R.S.
				§
									32-3072(B),
				the Board shall determine the amount of the assessment as follows:
1. The assessment for a licensee seeking
				renewal of a regular or provisional license shall be based on the number of
				newly enrolled students for the 12-month period identified on the license
				renewal application required under
				R4-39-108
				or R4-39-107(D).
2. The assessment
				for a new licensee shall be based on the number of newly enrolled students
				during the fiscal year ending June 30.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 39 - BOARD FOR PRIVATE POSTSECONDARY EDUCATION › Article 6 - STUDENT TUITION RECOVERY FUND › Section R4-39-602 - Claims

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall
				investigate a claim against the Fund and find:
1. The claim is valid if:
a. Student educational records confirm that
				the claim is filed by a person injured as defined in A.R.S. §
											32-3071(6);
				and
b. The claim is filed within
				one year after the licensee ceased operations;
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 39 - BOARD FOR PRIVATE POSTSECONDARY EDUCATION › Article 6 - STUDENT TUITION RECOVERY FUND › Section R4-39-603 - Student Record Requests

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board
				shall maintain the student records of a licensee that ceases operations as
				specified in
				R4-39-402(B).
				For purposes of this Section, "student records" has the meaning in
				R4-39-401.
B. The Board shall provide the student
				records of a student who attended a licensee that ceased operations, if the
				following are submitted:
1. Name and social
				security number of the student;
2.
				Name of the licensee that ceased operations;
3. Student name used while attending the
				licensee that ceased operations;
4.
				Identification of the student record requested;
5. Name and address of the party to whom the
				student record is to be mailed;
6.
				Signature of the student whose record is requested or a student record release
				form signed by the student whose record is requested and authorizing a third
				party to obtain the student record, if applicable; and
7. $10 for processing the request and 25
				cents per page for copying.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 41 - RECODIFIED

Current through Register Vol. 30, No. 28, July 12, 2024
Title 4, Chapter 41, the
			 rules of the Office of Tourism, has been recodified to Title 20, Chapter 3
			 pursuant to A.A.C.
			 R1-1-102
			 (Supp. 95-1).
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 1 - GENERAL PROVISIONS › Section R4-43-102 - Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall
				charge the following fees:
1. An applicant
				for licensure:
a. Application fee: $100. This
				fee is in addition to the initial license fee.
b. Limited permit fee: $35. Upon full
				licensure, the Board shall subtract $35 from the initial licensure
				fee.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 1 - GENERAL PROVISIONS › Section R4-43-103 - Service by the Board

Current through Register Vol. 30, No. 28, July 12, 2024
Pursuant to A.R.S. §
									41-1063(A),
				  service may be made by, for and on behalf of the Board of any decision, order,
				  subpoena, notice or other process by personal service or by mailing a copy by
				  certified mail. Service by certified mail shall be made to the last address of
				  record filed with the Board. Service upon an attorney who has appeared on
				  behalf of a party constitutes service upon the party. If service is by
				  certified mail, service is complete upon deposit in the United States
				  mail.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 2 - LICENSURE › Section R4-43-201 - Initial Application

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				applicant for an initial license to practice as an occupational therapist or an
				occupational therapy assistant shall submit an application form provided by the
				Board to the Board's office. The application and all supporting documentation
				shall be received by the Board at least 7 days before a Board meeting to be
				considered at that Board meeting.
B. The initial application form shall be
				signed by an applicant and include the following information on the applicant:
1. Applicant's last name, 1st name, and
				middle name;
2. How applicant's
				name is to be shown on the licensure certificate;
3. Other names used;
4. Social security number;
5. Residence address;
6. Alternate mailing address if the
				residential address is to remain confidential;
7. The type of license for which
				applying;
8. The amount of the
				application and license fee to be submitted;
9. Applicant's American Occupational Therapy
				Certification Board or National Board for Certification in Occupational
				Therapy, Inc. certification number, date of certification, and the number of
				times the applicant has taken the national examination;
10. Education;
11. Professional experience, field work, or
				both within the last 5 years;
12.
				Employer's name, address, and telephone number;
13. Current and previous occupational therapy
				or other professional license or certification numbers from other states and
				foreign countries and the status of the license or certification;
14. Current and previous disciplinary
				actions;
15. Affidavit of
				applicant.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 2 - LICENSURE › Section R4-43-202 - Renewal of License

Current through Register Vol. 30, No. 28, July 12, 2024
A. A licensee
				shall renew a license by submitting to the Board a renewal application, proof
				of completion of the continuing education requirements in
				R4-43-203,
				and paying the renewal fee within 2 years of initial licensure or last license
				renewal date.
B. The renewal
				application form provided by the Board shall include the following:
1. Applicant's last name, first name, middle
				initial, and other names used by the applicant;
2. How applicant's name is to be shown on the
				renewal license;
3. Residence
				address;
4. Alternate mailing
				address if the residential address is to remain confidential;
5. Current Arizona Board of Occupational
				Therapy Examiners license number;
6. Type of renewal license for which
				applying;
7. The amount of the
				renewal fee;
8. Disciplinary
				actions since initial licensure;
9.
				Hours and titles of continuing education completed;
10. Total hours of continuing education
				completed;
11. Social security
				number;
12. Employer's name,
				address, and telephone number;
13.
				Signature and date.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 2 - LICENSURE › Section R4-43-203 - Continuing Education for Renewal of License

Current through Register Vol. 30, No. 28, July 12, 2024
A. A licensee shall complete continuing
				education for renewal of a license as follows:
1. Occupational Therapist, 20 clock-hours for
				renewal of a 2-year license; and
2.
				Occupational Therapy Assistant, 12 clock-hours for renewal of a 2-year
				license.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 2 - LICENSURE › Section R4-43-204 - Inactive License

Current through Register Vol. 30, No. 28, July 12, 2024
A. A licensee
				may transfer an active license into inactive status if the licensee's license
				is current and in good standing.
B.
				The licensee shall not practice during the time the license is
				inactive.
C. A licensee may renew
				or reactivate an inactive license by:
1.
				Submitting a renewal application under R4-43-202;
2. Paying the licensure renewal fee under
				R4-43-102 or, if
				reactivating an inactive license, paying the renewal fee less the last inactive
				status fee paid by the applicant; and
3. Meeting the continuing education
				requirements under
				R4-43-203.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 3 - HEARINGS › Section R4-43-301 - Hearing Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
The Board shall conduct all hearings held under A.R.S. §
									32-3442
				  et seq. in accordance with A.R.S. Title 41, Chapter 6, Article 10 and rules
				  issued by the Office of Administrative Hearings.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 3 - HEARINGS › Section R4-43-302 - Rehearing or Review of Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Board shall provide for a rehearing and review of its decisions under
				A.R.S. Title 41, Chapter 6, Article 10 and rules established by the Office of
				Administrative Hearings.
B. A party
				is required to file a motion for rehearing or review of a decision of the Board
				to exhaust the party's administrative remedies.
C. A party may amend a motion for rehearing
				or review at any time before the Board rules on the motion.
D. The Board may grant a rehearing or review
				for any of the following reasons materially affecting a party's rights:
1. Irregularity in the proceedings of the
				Board, or any order or abuse of discretion, that deprived the moving party of a
				fair hearing;
2. Misconduct of the
				Board, its staff, an administrative law judge, or the prevailing
				party;
3. Accident or surprise that
				could not have been prevented by ordinary prudence;
4. Newly discovered material evidence that
				could not, with reasonable diligence, have been discovered and produced at the
				hearing;
5. Excessive
				penalty;
6. Error in the admission
				or rejection of evidence or other errors of law occurring at the hearing or
				during the progress of the proceedings;
7. That the Board's decision is a result of
				passion or prejudice; or
8. That
				the findings of fact or decision is not justified by the evidence or is
				contrary to law.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 4 - REGULATORY PROVISIONS › Section R4-43-401 - Supervision of Occupational Therapy Assistants

Current through Register Vol. 30, No. 28, July 12, 2024
A. Only a licensed occupational therapist
				shall:
1. Prepare an initial treatment plan,
				initiate or re-evaluate a client or patient's treatment plan, or authorize in
				writing a change of a treatment plan;
2. Delegate duties to a licensed occupational
				therapy assistant, designate an assistant's duties, and assign a level of
				supervision; and
3. Authorize a
				patient discharge.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 4 - REGULATORY PROVISIONS › Section R4-43-402 - Supervision of Occupational Therapy Aides and Other Unlicensed Personnel

Current through Register Vol. 30, No. 28, July 12, 2024
A. An occupational
				therapy aide shall not provide occupational therapy services in any setting.
				However, an occupational therapy aide may provide supportive services assigned
				by an occupational therapist or occupational therapy assistant after the aide
				is specifically trained to provide the supportive services by an occupational
				therapist.
B. An occupational
				therapy aide shall receive continuous supervision.
C. An occupational therapy aide shall not act
				independently.
D. An occupational
				therapy aide shall not perform the following tasks:
1. Evaluate a client or patient;
2. Prepare a treatment plan;
3. Make entries in client or patient record
				regarding client or patient status;
4. Develop, plan, adjust, or modify treatment
				procedures;
5. Interpret referrals
				or prescriptions for occupational therapy services;
6. Continue a task if there is a change in
				the client's or patient's condition;
7. Perform any task without adequate training
				or skills; and
8. Perform any task
				requiring licensure under A.R.S. § 32-3401-3445.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 4 - REGULATORY PROVISIONS › Section R4-43-403 - Designation of Title

Current through Register Vol. 30, No. 28, July 12, 2024
An unlicensed person who works in a facility of practice
				  shall use 1 of the following titles:
1. A person practicing under a limited permit
				shall use the term "Limited Permit" following the person's name.
2. An occupational therapy aide shall use the
				term "OT Aide" following the occupational therapy aide's name.
3. An occupational therapy student enrolled
				in an accredited program in occupational therapy shall use the term "OT
				Student" following the student's name.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 4 - REGULATORY PROVISIONS › Section R4-43-404 - Limited Permit Practice

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any
				change or addition of a supervising occupational therapist requires the filing
				of a new Direct Supervision Agreement for a Limited Permit form by the
				supervisor under
				R4-43-201(D).
				The supervisor shall submit the Direct Supervision Agreement for a Limited
				Permit form within 7 days of any change or addition of a supervising
				occupational therapist.
B. The
				supervising occupational therapist shall co-sign all patient records
				documenting patient treatment and progress.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 4 - REGULATORY PROVISIONS › Section R4-43-405 - Display of License Certificate

Current through Register Vol. 30, No. 28, July 12, 2024
Each licensee shall display a current license certificate
				  issued by the Board in a prominent place in each facility of practice. A
				  licensee may use a copy of the license certificate to satisfy this
				  requirement.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 43 - Board of Occupational Therapy Examiners › Article 4 - REGULATORY PROVISIONS › Section R4-43-406 - Change of Name or Address

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				licensee shall notify the Board in writing within 30 days of a legal name
				change. A copy of the official document evidencing the name change shall be
				included. The Board shall issue a duplicate license certificate reflecting the
				name change.
B. A licensee shall
				notify the Board in writing within 30 days of a change in mailing
				address.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions shall apply throughout these rules
				  except as otherwise required by the context or except as otherwise defined by
				  statute:
1. "Affiliate" means a person controlling, controlled by, or
				  under common control with another person.
2. "Auditor General" means the person designated pursuant to
				  A.R.S. §
									41-1279.01(A)
				   to act as Auditor General.
3. "Contractor" means the person or entity who contracts with
				  a school district to provide audit services.
4. "Debarment" means a decision to preclude or prohibit a
				  person from offering a bid or proposal for school district audit services for a
				  period not to exceed three years.
5. "Decision" means a written determination by the Auditor
				  General which is signed by the Auditor General.
6. "Person" means a corporation, company, partnership, firm,
				  association, or society, as well as a natural person.
7. "Suspension" means a decision to preclude or prohibit a
				  person from offering a bid or proposal for school district audit services for a
				  period not to exceed one year.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-102 - Parties

Current through Register Vol. 30, No. 28, July 12, 2024
In any hearing, the parties include all persons named in the
				  notice of hearing including the Auditor General, a contractor, and all persons
				  properly admitted as intervenors. All parties are bound by the decisions of the
				  Auditor General relating to the hearing.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-103 - Hearing Officer

Current through Register Vol. 30, No. 28, July 12, 2024
The hearing officer appointed by the Auditor General may make
				  findings of fact and conclusions of law and recommend that the Auditor General
				  make certain orders after the hearing officer has heard all of the evidence. In
				  addition, the hearing officer may make all determinations on procedural matters
				  in the course of the hearing or rehearing.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-104 - Cause for Suspension or Debarment

Current through Register Vol. 30, No. 28, July 12, 2024
The causes for suspension or debarment include the
				  following:
1. Conviction of any person
				or affiliate of such person for commission of a criminal offense arising out of
				obtaining or attempting to obtain a public or private contract or subcontract
				or in the performance of such contract or subcontract.
2. Conviction of any person or affiliate of
				such person under any statute of the federal government, this state, or any
				other state for embezzlement, theft, fraudulent schemes and artifices,
				fraudulent schemes and practices, bid rigging, perjury, forgery, bribery,
				falsification or destruction of records, receiving stolen property, or any
				other offense indicating a lack of business integrity or business
				honesty.
3. Conviction or civil
				judgment finding a violation by any person or affiliate of any such person
				under state or federal antitrust statutes.
4. Violations of material contract provisions
				including but not limited to failure to perform or negligent performance of any
				term or standard of one or more school district audit services contracts. The
				failure to perform caused by acts beyond the control of the contractor shall
				not be considered to be a basis for suspension or debarment.
5. Any other cause deemed to affect the
				ability to perform as a contractor, including suspension or debarment of such
				person or any affiliate of such person by another state agency or political
				subdivision.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-105 - Notice of Hearing and Response

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				If the Auditor General believes that cause exists to suspend or debar a
				contractor, the Auditor General shall notify the contractor in writing of such
				basis or cause and set the date, time, and place for hearing.
B. The contractor shall file a response to
				the assertions contained in the notice of hearing. The response shall be in
				writing and shall be filed with the Auditor General within 20 days after
				service of the notice upon the contractor. If the notice is amended any time
				subsequent to service of the notice, the contractor may be required to answer
				the amended assertions within a reasonable time.
C. A response filed under this rule shall
				briefly state the position or defenses of the responding contractor and shall
				specifically admit or deny each of the assertions contained in the notice. If
				the responding contractor is without or is unable to reasonably obtain
				knowledge or information sufficient to form a belief as to the truth of an
				assertion, the contractor shall so state and this shall have the effect of a
				denial. Any assertion not denied shall be deemed to be admitted.
D. If a contractor fails to file a response
				within the time provided, the assertions contained in the notice of hearing
				shall be deemed to be admitted.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-106 - Service

Current through Register Vol. 30, No. 28, July 12, 2024
A. All notices and
				documents required to be served by the Auditor General and all documents filed
				by any contractor may be served by mail or by delivery in person. Service of
				any document shall be deemed complete when a true copy is deposited in the
				United States mail with first class postage prepaid, addressed to addressee of
				record, or upon personal delivery to the contractor. Service upon an attorney
				or agent who has appeared on behalf of the Auditor General or on behalf of a
				contractor shall constitute service upon the Auditor General or upon the
				contractor on whose behalf the particular attorney or agent has
				appeared.
B. Copies of all papers
				or documents filed shall be served on the hearing officer, if any, and upon the
				contractor. The Auditor General may require a copy of any document to be served
				upon any other persons or entities. Proof of service may be made by affidavit
				of the person making service, or by written acceptance of the service by the
				person upon whom the document is served. An original and one legible copy of
				all documents shall be filed with the Auditor General.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-107 - Form of Documents; Motions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				All papers filed with the Auditor General in any matter pertaining to the
				hearing shall be typewritten or legibly written on paper no larger than 8 1/2
				by 11 inches, shall contain the name and address of the party or other
				correspondent, shall designate the title and docket number, if any, shall state
				the name and address of each person or entity served with a copy, shall be
				properly captioned, and shall be signed by the individual or entity filing it
				or by at least one attorney who represents the entity or individual. The
				signature certifies that the signer has read the paper, that to the best of the
				signer's knowledge, information, and belief, there is good ground to support
				its contents and that it is not interposed for delay.
B. A motion for an order shall be made in
				writing stating the grounds with particularity and setting forth the relief
				sought except that a motion made during a hearing need not be in writing. All
				motions made prior to hearing shall be served upon all parties who shall have
				10 days after service of the motion to respond except in the case of
				unforeseeable circumstances or emergency, in which case the motion shall be
				heard as soon as practicable after the motion has been served on the other
				parties. If any party to the hearing fails to timely respond or any party fails
				to appear at oral argument of the motion, if any, the Auditor General or the
				hearing officer may dispose of the motion summarily. Any party may request oral
				argument on any motion or the Auditor General or the hearing officer may
				require oral argument.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-108 - Continuances; Extensions of Time

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				A continuance or postponement of the time for filing any response required by
				these rules or of any hearing may be granted, in the interests of justice, by
				the Auditor General or the hearing officer upon application in writing or upon
				stipulation between the Auditor General and all other parties.
B. Whenever a party has the right or is
				required to do some act within a prescribed period after the service of a
				notice or other paper and the notice or paper is served by mail, five days
				shall be added to the prescribed period.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-109 - Stipulations

Current through Register Vol. 30, No. 28, July 12, 2024
Parties to any proceeding may by written stipulation agree
				  upon any matter involved in the proceeding. If approved by the Auditor General
				  or the hearing officer, the stipulation shall be binding upon all parties to
				  the proceeding or as between the parties stipulating. Notwithstanding the
				  foregoing, the Auditor General or the hearing officer may require presentation
				  of evidence for proof of stipulated facts.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-110 - Prehearing Statements

Current through Register Vol. 30, No. 28, July 12, 2024
A. Not less
				than two days before hearing, each party shall ensure that the Auditor General
				or the designated hearing officer has received a prehearing statement which
				shall be so designated and which shall set forth with specificity the
				following:
1. A list of all exhibits and
				witnesses to be used at the hearing; and
2. A list of the issues of law and fact which
				the party submitting the prehearing statement believes to be
				material.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-111 - Hearing Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				hearing for suspension or debarment is a contested case as defined by A.R.S.
				§
									41-1001(3),
				and the provisions of A.R.S. Title 41, Chapter 6, Article 6 (A.R.S. §
									41-1061
				et seq.) apply to those cases.
B.
				The hearing officer may:
1. Hold prehearing
				conferences to settle, simplify, or identify the issues in a proceeding, or to
				consider other matters that may aid in the expeditious disposition of the
				proceeding;
2. Require parties to
				state their positions concerning the various issues in the
				proceeding;
3. Require parties to
				produce for examination those relevant witnesses and documents under their
				control;
4. Rule on motions and
				other procedural items on matters pending before such officer;
5. Regulate the course of the hearing and
				conduct of participants;
6.
				Establish time limits for submission of motions or memoranda;
7. Impose appropriate sanctions against any
				person failing to obey an order under these procedures, which may include:
a. Refusing to allow the person to assert or
				oppose designated claims or defenses, or prohibiting that person from
				introducing designated matters in evidence;
b. Excluding all testimony of an unresponsive
				or evasive witness; and
c.
				Expelling a person from further participation in the hearing;
9. Take official notice of any
				material fact not appearing in evidence in the record, if the fact is among the
				traditional matters of judicial notice; and
10. Administer oaths or
				affirmations.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-112 - Recording; Transcript

Current through Register Vol. 30, No. 28, July 12, 2024
All hearings before the Auditor General or a hearing officer
				  shall be mechanically recorded or stenographically reported. Nothing contained
				  herein shall be construed as prohibiting or limiting any person from
				  mechanically recording the proceedings or having them stenographically
				  reported. However, the official record of the proceeding shall be that which is
				  designated by the Auditor General. The cost of the reporter, if any, and the
				  transcript shall be paid by the party making the request unless assessment of
				  the cost is waived by the Auditor General.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-113 - Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A. The decision
				shall:
1. Be in writing;
2. State separately the findings of fact and
				conclusions of law and the order of the Auditor General and the effective
				period of the action; and
3. Be
				served on the parties.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-114 - Period of Suspension or Debarment

Current through Register Vol. 30, No. 28, July 12, 2024
A. The period of time for a suspension shall
				not exceed one year from the date of the decision.
B. The period of time for a debarment shall
				not exceed three years from the date of the decision.
C. If suspension or debarment is based solely
				upon suspension or debarment by another governmental agency, the period of
				suspension or debarment may run concurrently with the period established by
				that other suspending or debarring agency.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-115 - Rehearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any party
				aggrieved by a decision rendered by the Auditor General may file with the
				Auditor General or the hearing officer, not later than 15 days after service of
				the decision, a written motion for rehearing or review of the decision
				specifying the particular grounds therefor.
B. A motion to alter or amend a decision or
				order shall be filed not later than 15 days after service of the
				decision.
C. A motion for rehearing
				under this rule may be amended at any time before it is ruled upon by the
				Auditor General.
D. A response, if
				any, shall be filed and served within ten days after service of such
				motion.
E. The Auditor General or
				the hearing officer may require the filing of written memoranda upon the issues
				raised in the motion and may provide for oral argument.
F. Any argument not raised in the request or
				in the response is waived.
G.
				Rehearing of the decision may be granted for any of the reasons materially
				affecting the moving party's rights:
1.
				Irregularity in the proceedings before the Auditor General or hearing officer
				or an abuse of discretion by the Auditor General or hearing officer, whereby
				the moving party was deprived of a fair hearing;
2. Misconduct of the Auditor General, staff
				or hearing officer, or the prevailing parties;
3. Accident or surprise which could not have
				been prevented by ordinary prudence;
4. Newly discovered material evidence which
				could not with reasonable diligence have been discovered and produced at the
				original hearing; or
5. A showing
				that the decision was not justified by the evidence or is contrary to
				law.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-116 - Reinstatement

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Auditor
				General may, at any time after a final decision on a suspension or debarment,
				reinstate a contractor or rescind the decision upon a determination that the
				cause upon which the suspension or debarment is based no longer exists or has
				been substantially mitigated.
B.
				Any suspended or debarred person may request reinstatement by submitting a
				petition to the Auditor General supported by documentary evidence showing that
				the cause for suspension or debarment no longer exists or has been
				substantially mitigated.
C. The
				Auditor General may require a hearing on the request for
				reinstatement.
D. The decision on
				reinstatement shall be in writing, be made within 30 days after the request is
				filed or, if there is a hearing, 30 days after hearing, and specify the factors
				on which it is based.
E. Decisions
				on reinstatement requests are not subject to judicial appeal.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 44 - Auditor General › Article 1 - SUSPENSION AND DEBARMENT OF CONTRACTORS PROVIDING SCHOOL DISTRICT AUDIT SERVICES; DISAPPROVAL OF CONTRACTS › Section R4-44-117 - Disapproval of Contracts

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Auditor General may disapprove a contract for the same causes provided for in
				R4-44-104.
B. The Auditor General
				may disapprove a contract if the contract does not contain a provision to the
				following effect: "The audit shall be conducted in accordance with generally
				accepted auditing standards, Government Auditing Standards, issued by the
				Comptroller General of the United States, and Office of Management and Budget
				Circular A-128, Audits of State and Local Governments."
C. A decision to disapprove a contract shall
				be in writing and shall state the cause or reasons for the disapproval. The
				disapproval shall be sent to the school district.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 1 - GENERAL PROVISIONS › Section R4-45-102 - Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. Under the
				authority provided by A.R.S. §
									32-3526 or other
				specified statutes, the Board establishes and shall collect the following fees:
1. Application for a license, $100;
2. Application based on a diploma from a
				foreign respiratory therapy school, $200;
3. Initial license, $120;
4. Biennial renewal of a license,
				$150;
5. Verifying an Arizona
				license to another state:
a. Current valid
				license, $25;
b. Expired license,
				$50;
6. Duplicate
				license or duplicate wallet license card, $25;
7. Copy of the Board's Respiratory Care
				Practitioner Register compiled under A.R.S. §
										32-3504(A)(7):
a. Noncommercial, $25;
b. Commercial, $25 or the amount allowed
				under A.R.S. §
											39-121.03(A),
				whichever is greater;
8.
				Insufficient funds check submitted to the Board as payment of any fee,
				$25;
9. Fingerprint fee, authorized
				by A.R.S. §
										41-1750(L),
				remitted by credit card, certified check, or money order, $50; and
10. Copy of the audiotape of a hearing under
				A.R.S. §
										41-1092.07(E),
				$25.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 1 - GENERAL PROVISIONS › Section R4-45-103 - Service by the Board

Current through Register Vol. 30, No. 28, July 12, 2024
Service of any decision, order, subpoena, notice, or other
				  written process may be made by, for, or on behalf of the Board by personal
				  service or by mailing a copy by certified mail. The Board shall make service by
				  certified mail to the address of record on file with the Board. Service upon an
				  attorney who has appeared on behalf of a party constitutes service upon the
				  party. If service is by certified mail, service is complete upon deposit in the
				  United States mail.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 1 - GENERAL PROVISIONS › Section R4-45-104 - Change of Name or Address

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				licensee shall notify the Board in writing within 30 days after the licensee's
				name is legally changed. The licensee shall include with the notice a notarized
				or certified copy of the official document evidencing the name change. At the
				time of notification, the licensee shall request a duplicate license in the new
				name and pay the fee prescribed in
				R4-45-102(A)(7).
B. A licensee shall notify the Board in
				writing within 10 days after a change in the licensee's address of
				record.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 1 - GENERAL PROVISIONS › Section R4-45-105 - Electronic Communication

Current through Register Vol. 30, No. 28, July 12, 2024
A. To
				facilitate communication between the Board and an applicant, licensee, or
				continuing education provider, the Board shall make the following forms
				available on its web site:
1. Application for
				licensure,
2. Verification of
				licensure,
3. License renewal
				application,
4. Notice of change of
				address.
Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 45 - Board of Respiratory Care Examiners › Article 2 - LICENSURE › Section R4-45-202 - Approved Respiratory Therapy Training Programs

Current through Register Vol. 30, No. 28, July 12, 2024
The Board shall approve any respiratory therapy training
				  program that is accredited by the Committee on Accreditation for Respiratory
				  Care.