Ariz. Admin. Code § 21-7-134

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

Section R21-7-134 - Licensing Complaint

A. If the Department receives a licensing complaint about a licensee, Agency, or facility, the Department shall ask the complaining party to submit the licensing complaint to the Department's Centralized Intake Hotline. The Department shall investigate a licensing complaint under this Section when the complaining party does not contact the Centralized Intake Hotline.

B. The Department shall refer a licensing complaint involving an allegation of child abuse or neglect to the Department's Centralized Intake Hotline as required by A.R.S. § 13-3620 for investigation under A.R.S. § 8-455.

C. The Department shall investigate a licensing complaint about a licensee through one or more of the following methods:

1. Telephone contact with the licensee,

2. Interviews with the complaining party,

3. Interviews with the licensee's management and staff,

4. Interviews with the licensee's clients and children in care,

5. Interviews of witnesses to the matters at issue,

6. Inspections of records and documents related to the issues raised in the complaint,

7. Announced and unannounced inspections of the Agency or a facility,

8. Evaluation of a law enforcement or DCS report or investigation and supporting information for evidence of a licensing violation, and

9. Any other activity necessary to validate or refute the allegations in the complaint.

D. The licensee shall cooperate in any Department investigation.

E. Upon completion of an investigation involving a licensing complaint under this Section, the Department shall:

1. Find that the licensing complaint is invalid, document the findings in the Agency's licensing file, and close the investigation;

2. Find that the licensing complaint is valid and take action against the licensee if necessary under R21-7-114 or require corrective action under R21-7-113; or

3. Find that the licensing complaint cannot be validated or refuted based on the available evidence and document the finding in the licensing file.

F. The Department shall provide the licensee with written notification of any findings made under subsection (E) and shall place a copy of the written findings in the licensee's file.

G. For purposes of this Section, a licensing complaint is an allegation that the Child Welfare Agency has violated any of the requirements set forth in this Chapter or in A.A.C. Title 21 Chapter 8.

Ariz. Admin. Code § R21-7-134

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