Many applicants inquire about how the Arizona Fingerprint Board makes its final decision. In this Arizona Board of Fingerprinting blog we educate readers on what applicants can expect after applying for good cause exception or central registry exception.
After the Hearing
After a hearing for good cause exception or central registry exception the administrative law judge will file an order with the Arizona Board of Fingerprinting. This order either grants or denies the license. This decision is based on the law and facts presented by the applicant at the hearing. It’s only recognized as a recommendation and is not yet final. It is the Board that’ll make a final decision by modifying, rejecting or adapting the recommendation.
The Board will hold another proceeding to decide as to whether or not the recommendation should be adopted. A quorum of at least three, but normally five, Board members will be present. The Board is a body that represents some of Arizona’s agencies that necessitate fingerprint clearance cards. Under the law, twenty days before the hearing, the Board is to send a notice of hearing. This notice informs the applicant of the specific time and place of the hearing. The applicant does have the right to be present, however it isn’t mandatory. Attendees cannot present evidence or speak on their behalf. They’re only to observe the proceedings.
Receiving the Recommendation
Together with the notice, you will also receive the judge’s recommendation. In the event that you do not agree with the administrative judge’s recommendation, you can submit a written motion ten days before the hearing subject to review by the Board. Presentation of new evidence cannot be included in your written motion. Ergo, you have to ensure that you present all pieces of evidence on or before the administrative hearing.
At the onset, the Board members will have a review, if needed. They’ll come up with a decision to accept, reject or modify the administrative recommendation. After the hearing, you will have an idea as to whether your application has been denied or not.
A Note to Applicants
Never contact the Board members before the hearing regardless whether your reason is justifiable or not. In the event that you endeavor in getting in touch with the Board member, your application will be denied outright. The Board will have to make a decision within eighty (80) days after your hearing for applications received on or after 09 September 2007. Unluckily, the proceeding is regarded as a bit daunting, given the legal parameters that the Board has to follow.