R21-9-205. License: Issuance; Denial

A. Prior to issuing a license to an adoption agency applicant, OLR shall: 1. Review the application package; 2. Inspect the adoption agency applicant’s place of business, records, accounting records, and system for client files; 3. Interview the adoption agency applicant’s staff, as necessary to familiarize the OLR representative with the adoption agency applicant’s operations; and 4. For out-of-state adoption agency applicants, and foreign adoption agencies, verify that the adoption agency applicant is licensed out-of-state or authorized to conduct foreign adoptions, as applicable, and investigate any complaints asserted against the adoption agency applicant in other states or countries. B. Prior to issuing a license, OLR may submit the adoption agency applicant’s start-up, operating, or annual budget required in R21-9-202 for audit verification. C. OLR may issue a license to an adoption agency applicant who: 1. Has complied with all application and inspection requirements of this Chapter; and 2. Demonstrates that it: a. Has sufficient capital to pay all start-up costs; b. Has sufficient capital, personnel, expertise, facilities, and equipment to provide the services it plans to offer; c. Does not intend to charge unreasonable fees; and d. Complies with the requirements of this Chapter and A.A.C. Title 21, Chapter 5, Article 4. D. OLR may deny a license to: 1. An adoption agency applicant that had a license revoked by any state or foreign country; 2. An adoption agency applicant that employs personnel whose fingerprint background check shows that the employee has been convicted of or is awaiting trial on an offense listed in A.R.S. § 46-141; 3. An adoption agency applicant that does not comply with one or more of the standards listed in subsection (C); 4. An adoption agency applicant that has intentionally or recklessly jeopardized the well-being of its client; 5. An adoption agency applicant that has a history or pattern of violations of applicable adoption statutes or rules; or 6. An adoption agency applicant that violates the ICPC or ICWA during a licensing year. E. When OLR denies a license, OLR shall send the adoption agency applicant written notice explaining the reason for denial, and the adoption agency applicant’s right to seek a fair hearing.