Ariz. Admin. Code § 6-6-1118

Current through Register Vol. 30, No. 49, December 6, 2024

Section R6-6-1118 - Denial, Suspension, and Revocation of Adult Developmental Home Licenses

A. The Division may deny, suspend, or revoke a license for violations of A.R.S. § 36-594.

B. The Division may deny or revoke a license if a license applicant or licensee has been arrested for, convicted of, charged with, or pled no contest to any of the following criminal acts:

1. Sexual abuse of a child or vulnerable adult,

2. Incest,

3. First- or second-degree murder,

4. Kidnapping,

5. Arson,

6. Sexual assault,

7. Sexual exploitation of a child or vulnerable adult,

8. Commercial sexual exploitation of a child or vulnerable adult,

9. Felony offenses within the previous ten years involving the manufacture or distribution of marijuana or dangerous or narcotic drugs,

10. Robbery,

11. Child prostitution as defined in A.R.S. § 13-3206,

12. Child abuse or abuse of a vulnerable adult,

13. Sexual conduct with a child,

14. Molestation of a child or vulnerable adult,

15. Voluntary manslaughter, or

16. Aggravated assault.

C. Upon notification that a member of the household or person living on the premises of an Adult Developmental Home is found to have been arrested for, convicted of, charged with, or pled no contest to any of the criminal acts listed in subsection (B), the licensee shall immediately take the following actions:

1. Remove the person from direct contact with children;

2. Notify the Division, unless the licensee initially received notice from the Division.

D. If a licensee fails to comply with subsection (C), the Division shall revoke or suspend the license.

E. If the criminal record check indicates that an individual has been convicted of or found by a court to have committed, or is reasonably believed to have committed, offenses pursuant to A.R.S. § 36-594, other than those listed in subsection (B), the Division shall consider the following factors when determining what corrective action to take against the licensee:

1. The extent of the individual's criminal record;

2. Length of time since the commission of the offense;

3. Nature of the offense;

4. Mitigating circumstances surrounding commission of the offense. The burden is on the person to demonstrate that there were mitigating circumstances;

5. The degree of the person's participation in the offense. The burden is on the person to demonstrate that the involvement was not direct; and

6. The extent of the person's rehabilitation, including but not limited to:

a. The person shall prove that probation has been completed and complete restitution or compensation for the offense has been made, and

b. Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling.

7. Personal references attesting to the person's rehabilitation.

F. When an application for a license is denied, or a license is suspended or revoked, pursuant to A.R.S. § 36-594, the Division shall deliver a written notice of the action in person or send a written notice of the action by certified mail to the license applicant or licensee. The notice shall state the reasons for the denial, suspension, or revocation with reference to applicable statutes and rules.

G. If the reason for denial, suspension, or revocation of a license involves the health, welfare, or safety of clients, the clients shall be immediately removed from the Adult Developmental Home.

H. When a license is denied, suspended, or revoked, the license applicant or licensee has the right to appeal the decision pursuant to Article 22.

I. The Division may suspend an Adult Developmental Home license for:

1. Up to six months during an investigation or while the licensee completes a corrective action plan.

2. Up to 12 months due to the temporary inability of the licensee to provide services.

J. No child can be placed in the adult developmental home during a suspended-license status.

Ariz. Admin. Code § R6-6-1118

Adopted effective August 30, 1994, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 94-3). R6-6-1118(H) reference to Article 20 corrected to Article 22 at request of the Department, Office File No. M10-461, filed December 6, 2010 (Supp. 10-1).