Ariz. Admin. Code § 9-16-807

Current through Register Vol. 30, No. 40, October 4, 2024

Section R9-16-807 - Enforcement

A. The Department may deny, suspend, or revoke a certificate holder's certification, permanently or for a fixed period of time specified in A.R.S. § 36-765.03 and this Article.

B. In determining which disciplinary action specified in subsection (A) is appropriate, the Department shall consider:

1. The type of violation,

2. The severity of the violation,

3. The danger to the public health and safety,

4. The number of violations,

5. The number of clients affected by the violations,

6. The degree of harm to the consumer,

7. A pattern of noncompliance, and

8. Any mitigating or aggravating circumstances.

C. A certificate holder may appeal an enforcement action taken by the Department according to A.R.S. Title 41, Chapter 6, Article 10.

D. If a certified CHW is employed by a tribe and appears to have violated this Article according to A.R.S. § 36-765.03(D), the tribal government having jurisdiction and following Tribal ordinances and policies shall:

1. Review and determine whether the certified CHW has violated this Article; and

2. Provide the Department with a written determination whether denied, suspended, or revoked, including specific penalties from disciplinary actions taken by the tribal government.

Ariz. Admin. Code § R9-16-807

New section made by final rulemaking at 28 A.A.R. 2552, effective 11/7/2022.