The attorneys with Chelle Law provide quality assistance with Arizona Administrative Appeals and Hearings with the Arizona Office of Administrative Hearings. Arizona Professional Licensing Boards (Boards) issue licenses, registrations and certificates to professionals in Arizona. These Boards receive complaints and act to determine if there has been a violation of the law. For instance, the Board may decide to issue any disciplinary action when required. You can appeal the decision and request a hearing.
The Arizona Office of Administrative Hearings (“OAH“) also handles administrative appeals and hearings for many other Arizona State Agencies (Agency) such as:
- Department of Economic Security (DES)
- Arizona Health Care Cost Containment System (AHCCCS)
- Department of Child Safety (DCS)
- Adult Protective Services (APS)
- Department of Health Services (DHS)
- Registrar of Contractors (ROC)
- Department of Health Services (ADHS)
- Arizona Unemployment Insurance Benefits
- Department of Real Estate (ADRE)
- Division of Developmental Disabilities (DDD)
- Department of Insurance
Licensing Board Discipline and Arizona Agency Actions
Once a complaint is investigated the licensing board or agency will then determine what disciplinary action is necessary and implement as they see fit. This could mean a letter of reprimand, probation, decree of censure, denial, civil penalties, suspension or revocation. Furthermore, an Agency may also make a decision that negatively effects the rights of the person. For example: a denial of insurance benefits, a substantiated claim of child or abuse abuse, the removal of a health care facility license. The individual or facility has the right to appeal and request an administrative hearing.
Arizona Administrative Appeals
When a Board or Agency has decided to offer formal discipline as a result of their investigation of the complaint, the individual has the right to appeal the final decision and request a hearing. Therefore, the subject of the complaint can either consent to the discipline by signing an agreement, or can request a hearing to appeal the decision.
Appeals and Hearings with OAH
In most cases an administrative hearing is conducted by the Office of Administrative Hearings before an Administrative Law Judge (ALJ). However, a few Arizona professional licensing boards hear their own appeals. The hearing is not as formal as a trial, but it is similar. Each party will present evidence using documents or sworn testimony. Each party also gives an opening statement and a closing argument which should explain why the judge should rule one way or the other. The Respondent can cross examine witnesses and testify on her own behalf. After the hearing, the ALJ will review the transcripts, evidence and make a recommendation to the Board or Agency. However, the Board or Agency generally makes the decision to either accept, reject or modify the ALJ’s decision. A rehearing can be requested if an error is made by the Board.
Administrative Hearing Attorney
Individuals that will likely appeal a decision should not discuss their case with friends, co-workers or anyone that could end up testifying to harmful information that could damage your case. At the hearing, these people may be witnesses. Your attorney should be the only person you discuss the case with.
If you have questions about your Arizona Administrative Appeals and Hearings procedures and would like to learn more about the services we offer contact Chelle Law today.