Ariz. Admin. Code § 4-26-415

Current through Register Vol. 30, No. 50, December 13, 2024

Section R4-26-415 - Informal Interview

A. As authorized by A.R.S. § 32-2091.09, the Board may facilitate investigation of a complaint by conducting an informal interview. The Board shall send written notice of an informal interview to the individual who is the subject of the complaint, by personal service or certified mail, return receipt requested, at least 30 days before the informal interview.

B. The Board shall ensure that the written notice of informal interview contains the following information:

1. The time, date, and place of the informal interview;

2. An explanation of the informal nature of the proceedings;

3. The individual's right to appear with legal counsel who is authorized to practice law in Arizona or without legal counsel;

4. A statement of the allegations and issues involved with a citation to relevant statutes and rules;

5. The individual's right to a formal hearing under A.R.S. Title 41, Chapter 6, Article 10 instead of the informal interview;

6. The licensee's right, as specified in A.R.S. § 32-3206, to request a copy of information the Board will consider in making its determination; and

7. Notice that the Board may take disciplinary action as a result of the informal interview if it finds the individual violated A.R.S. Title 32, Chapter 19.1, Article 4, or this Article;

C. The Board shall ensure that an informal interview proceeds as follows:

1. Introduction of the respondent and, if applicable, the complainant, any other witnesses, and legal counsel for the respondent;

2. Introduction of the Board members, staff, and Assistant Attorney General present;

3. Swearing in of the respondent, complainant, and witnesses;

4. Brief summary of the allegations and purpose of the informal interview;

5. Optional opening comment by the respondent and complainant;

6. Questioning of the respondent and witnesses by the Board;

7. Questioning of the complainant by the respondent through the Chair;

8. Optional additional comments by the respondent and complainant; and

9. Deliberation by the Board.

Ariz. Admin. Code § R4-26-415

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3). Amended by final rulemaking at 26 A.A.R. 1017, effective 7/4/2020.