1. A. The Department shall give the licensee written notice of an adverse action by certified mail.

2. B. The Department may consider the following factors when making a determination for an adverse action:

   1. 1. The nature of the violation,
   2. 2. Any history of prior violations,
   3. 3. Licensee’s implementation and compliance with a corrective action, and
   4. 4. Other comparable factors demonstrating the licensee’s ability and willingness to follow through with corrective actions to avoid future violations.

3. C. The notice shall specify:

   1. 1. Reasons supporting the action;
   2. 2. The action taken;
   3. 3. The sections of law, rule, or ordinance justifying the action;
   4. 4. The procedures by which an applicant or licensee may appeal the adverse action taken and the time frame to appeal; and
   5. 5. A description of the applicant or licensee’s right to request an informal settlement conference as prescribed in A.R.S. § 41-1092.03.
4. D. A suspension of the license or an operating certificate shall detail the finding of a health, safety, or welfare concern that imperatively requires emergency action as prescribed in A.R.S. § 41-1064.

Historical Note

New Section made by final rulemaking at 29 A.A.R. 2231 (September 29, 2023), effective November 6, 2023 (Supp. 23-3).