R21-7-115. Adverse Action; Procedures

A. The Department shall give the licensee written notice of an adverse action by certified mail. B. The Department may consider the following factors when making a determination for an adverse action: 1. The nature of the violation, 2. Any history of prior violations, 3. Licensee’s implementation and compliance with a corrective action, and 4. Other comparable factors demonstrating the licensee’s ability and willingness to follow through with corrective actions to avoid future violations. C. The notice shall specify: 1. Reasons supporting the action; 2. The action taken; 3. The sections of law, rule, or ordinance justifying the action; 4. The procedures by which an applicant or licensee may appeal the adverse action taken and the time frame to appeal; and 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. 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.