1. A. When the Licensing Authority plans to take adverse action against a licensee, the Licensing Authority shall give the licensee written notice of the adverse action by certified mail.

2. B. The notice shall specify:

   1. 1. The action taken;
   2. 2. All reasons supporting the action;
   3. 3. The sections of law justifying the action;
   4. 4. The procedures by which an applicant or licensee may contest the action taken, and the time periods for doing so;
   5. 5. An explanation of the applicant or licensee’s right to request an informal settlement conference as prescribed in A.R.S. § 41-1092.03(A); and
   6. 6. If the Licensing Authority summarily suspends a license as provided in A.R.S. § 41-1064(C), the required finding of emergency.

3. C. The following actions are not appealable adverse actions:

   1. 1. Imposition of a corrective action plan to bring the licensee into compliance with licensing requirements, absent any material change in licensing status;
   2. 2. Denial or revocation of permission for an alternate method of compliance or operation of a barracks facility as prescribed in R6-5-7461(B) and R6-5-7462(B); and
   3. 3. A staff member’s failure to clear the criminal history check prescribed in R6-5-7431(B).

4. D. Except as otherwise provided in A.R.S. § 41-1064 for emergency suspensions, adverse action is effective:

   1. 1. If a licensee does not appeal the adverse action, 31 days after the postmark date of the notice prescribed in subsection (A); or
   2. 2. If the licensee appeals the adverse action, when there is a final administrative decision, as prescribed in A.R.S. § 41-1092.08(D), affirming the adverse action.

Historical Note

Adopted effective July 1, 1997; filed with the Secretary of State’s Office May 15, 1997 (Supp. 97-2).