Ariz. Admin. Code § 21-1-307

Current through Register Vol. 30, No. 24, June 14, 2024

Section R21-1-307 - Stay of Adverse Action Pending Appeal

A. If an applicant, licensee, or client does not appeal, the Department shall carry out the adverse action after the time for filing an appeal has passed, or sooner if the appellant waives the delay of action in writing.

B. If an applicant, licensee, or client does not appeal, the Department shall not carry out the adverse action if the appellant has an additional appealable adverse action notice that may result in the same adverse action proposed in the current notice, and the time for filing an appeal to the additional adverse action notice has not passed.

C. If an appellant timely appeals an appealable adverse action as provided in R21-1-305, the Department shall not carry out the adverse action until an administrative hearing has been held and the Director certifies a final administrative decision.

D. If an appellant timely appeals an adverse action under R21-1-305, the Department may immediately carry out the adverse action under the following circumstances:

1. The appellant expressively waives the delay of action;

2. The appeal challenges an adverse action that is not appealable under R21-1-303(C);

3. The appellant withdraws the request for hearing;

4. The appellant fails to appear for the hearing; or

5. The Department summarily suspends a license and makes all of the required findings under A.R.S. § 41-1064.

Ariz. Admin. Code § R21-1-307

Adopted by exempt rulemaking at 21 A.A.R. 2554, effective 11/30/2015.