Ariz. Admin. Code § 21-9-205

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

Section 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.

Ariz. Admin. Code § R21-9-205

New section made by exempt rulemaking at 21 A.A.R. 3524, effective 1/24/2016.