Ariz. Admin. Code § 21-7-114

Current through Register Vol. 31, No. 2, January 10, 2025

Section R21-7-114 - Denial, Suspension, and Revocation of a Licensing Application, License, or Operating Certificate

A. The Department may deny a licensing application, suspend or revoke any license or operating certificate when:

1. An applicant or licensee refuses or fails to comply with the applicable licensing requirements of this Chapter, Arizona state or federal laws, and city or county ordinances or codes;

2. An applicant or licensee refuses to cooperate with the Department in providing information required to determine compliance with the applicable licensing requirements of this Chapter, and the Department's efforts to ensure compliance;

3. An applicant or licensee misrepresents or fails to disclose information to the Department regarding licensing requirements including management or staff qualifications, experience, or performance of duties;

4. An applicant or licensee does not comply with A.R.S. § 46-141. This does not include individuals who have received a good cause exception under A.R.S. § 41-619.53 and has been issued a Level One fingerprint clearance card by the Arizona Department of Public Safety;

5. An applicant or licensee knowingly allows an adult to reside at the facility without a valid Arizona Level One fingerprint clearance card or has been convicted of or is awaiting trial on the criminal offenses listed in A.R.S. §§ 46-141 and 41-1758.07;

6. An applicant or licensee allows an adult to reside at the facility who has a substantiated report of child abuse or neglect;

7. The licensee fails to cooperate in developing a Corrective Action Plan after a request by the Department, or fails to comply with a Directive Corrective Action Plan issued by the Department within the required time period;

8. An applicant or licensee is unable or unwilling to provide for the physical, emotional, social, educational, or psychological needs of children in care; or

9. An applicant or licensee had a license or certification to provide care to a child or vulnerable adult denied, suspended, or revoked.

B. The Department shall deny, suspend, or revoke a license when an Agency:

1. Knowingly retains staff who have been convicted of or are awaiting trial on the criminal offenses listed in A.R.S. § 41-1758.07;

2. Allows an adult other than those described in subsection (C), who has been convicted of or is awaiting trial on the offenses listed in A.R.S. §§ 46-141 and 41-1758.07, to reside at a facility; or

3. Allows any staff or any other adult residing at the facility, who has committed an offense listed in A.R.S. §§ 46-141 and 41-1758.07, to have contact with children in care.

C. The Department may deny or revoke a Child Welfare Agency license if the Agency hires or retains any staff convicted of or is awaiting trial on any offense that would preclude the issuance of a Level One Fingerprint clearance card under A.R.S. § 41-1758.07(B) or (C).

D. The Department may deny or revoke a Child Welfare Agency License if the Agency hires or retains any staff determined to have a pending or substantiated DCS Report for Investigation on the Central Registry for a disqualifying act and has not received a good cause exception under A.R.S. § 41-619.53.

E. The Department may deny, suspend, or revoke a license if the applicant or licensee of the Agency:

1. Is listed as a perpetrator in a substantiated report of abuse or neglect on a child or vulnerable adult; or

2. Is the subject of an open DCS Report for investigation.

F. The Department may initiate an adverse action if the Department concludes that:

1. A violation of licensing requirements is not correctable;

2. A violation of licensing requirements poses a risk to the health, safety, or well-being of a child in care;

3. The Agency has a history or pattern of similar violations with licensing and Child Welfare rules, statutes, or local codes, as evidence that the applicant or licensee is unable or unwilling to meet the needs of children in care;

4. A violation is ongoing and was not corrected through corrective action; or

5. The Agency has a pattern or history of failing to provide safe care or complying with licensing requirements.

G. The Agency shall not accept any additional placements until the process of adverse action is finalized and the Agency has exhausted all appeal rights.

H. The Department may reinstate a suspended license or discontinue a process of adverse action if the Department determines the licensee has corrected the reason for the adverse action.

Ariz. Admin. Code § R21-7-114

New Section made by final rulemaking at 29 A.A.R. 2231, effective 11/6/2023.