1. A. An administrative law judge’s recommended decision is not the final administrative decision until the Director reviews the recommended decision. The Director has 30 days to review the administrative decision. The Director may accept, reject or modify the administrative law judge’s recommended decision under A.R.S. § 41-1092.08.
2. B. The Director shall review the pertinent portions of the factual record presented at the hearing, including the transcript or recording and the exhibits before the Director decides to reject or modify a Finding of Fact.
3. C. If the Director rejects or modifies the administrative law judge’s Conclusion of Law, the Director shall provide written justification for the rejection or modification of the recommended administrative law judge’s Conclusions of Law to the President of the Senate and the Speaker of the House of Representatives.

4. D. The Director shall only reject or modify an administrative law judge’s recommended decision when:

   1. 1. The Director concludes that the ALJ’s decision is not supported by a preponderance of the evidence or is arbitrary and capricious; or
   2. 2. The administrative law judge incorrectly applied the law in reaching its decision.
5. E. If the Director rejects or modifies the administrative law judge’s recommended decision, the Director’s decision is the final administrative decision. If the final administrative decision is to substantiate the finding, PSRT shall enter the perpetrator’s name and substantiated finding in the Central Registry as outlined under R21-1-508(B).
6. F. A perpetrator may appeal the final administrative decision under A.R.S. Title 12, Chapter 7, Article 6.

Historical Note

New Section made by final exempt rulemaking at 21 A.A.R. 2554, effective November 30, 2015 (Supp. 15-4).

Amended by final rulemaking at 31 A.A.R. 4735 (December 26, 2025), with an immediate effective date of December 3, 2025 (Supp. 25-4).