Ariz. Admin. Code § 4-24-305

Current through Register Vol. 30, No. 45, November 8, 2024

Section R4-24-305 - Complaints and Investigations

A. A complainant shall ensure that a complaint filed with the Board is about:

1. An individual licensed or certified under this Chapter; or

2. An individual believed to be engaged in unlawful practice as described in A.R.S. § 32-2048.

B. If the Board determines under A.R.S. § 32-2045(A)(2) that there is reason to believe that an individual may have violated A.R.S. Title 32, Chapter 19, or this Chapter, the Board shall prepare a complaint and serve the complaint as described in subsection (D)(2).

C. Complaint requirements. A complainant shall:

1. Submit the complaint to the Board in writing; and

2. Provide the following information:

a. Name of licensee, certificate holder, or other individual who is the subject of complaint;

b. Name and address of complainant;

c. Nature of the complaint;

d. Details of the complaint with pertinent dates and activities;

e. Whether the complainant has contacted any other organization regarding the complaint; and

f. Whether complainant has contacted the licensee, certificate holder, or other individual concerning the complaint, and if so, the response, if any.

D. Within 90 days after receiving a complaint, the Board shall ensure that the complaint is reviewed to determine whether the complaint is within the Board's jurisdiction, and:

1. If the complaint is not within the Board's jurisdiction, dismiss the complaint and provide written notice of the dismissal to the complainant; or

2. If the complaint is within the Board's jurisdiction, serve a copy of the complaint on the individual complained against and provide the individual complained against with 30 days to respond and admit, deny, or further explain each allegation in the complaint.

E. If a complaint is within the Board's jurisdiction, the Board shall ensure that an investigation regarding the matters alleged in the complaint is conducted.

F. After expiration of the 30 days provided under subsection (D)(2), the Board shall review the complaint, response, and investigation results and take action as prescribed under A.R.S. §§ 32-2045(B) or 32-2046.

Ariz. Admin. Code § R4-24-305

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). R4-24-305 renumbered to R4-24-306; new Section R4-24-305 renumbered from R4-24-304 and amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008 (Supp. 08-3).