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 R4-6-901 - Appeal Process for Licensure Ineligibility

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