Many applicants before the Arizona Board of Fingerprinting wonder when an Arizona Fingerprint Board Final Decision is made? After a hearing for a good cause exception or central registry exception is held the administrative law judge will file an order with the Arizona Board of Fingerprinting either granting or denying the license. The decision is based on the law and the facts presented by the applicant at the hearing. But, it is only recognized as a recommendation and is not yet final and executory. It is the Board that will make a final decision by modifying, rejecting or adapting the recommendation of the administrative judge.
Actually, the Board will hold another proceeding to decide as to whether or not the recommendation should be adopted. A quorum of at least three (3) but normally five (5) Board members shall be present. The Board is a collegial body that represents some of Arizona’s agencies that necessitate fingerprint clearance cards. Under the law, twenty (20) days before the hearing, the Board shall send a notice of hearing with designated time and place. You have the right to be present but is not mandatory. You will only be allowed to observe the proceedings but you will not be given the freedom to present evidence or speak on your behalf.
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 (10) 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 will 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.
Note: 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.