Arizona Accountancy Board Probation Attorney | Accountant Defense Attorneys

Probation from the Arizona Accountancy Board against the licenses of accountants in Arizona is offered through a Consent Agreement.  The Consent Agreement requires the accountant to do certain things (drug testing, work supervision, counseling, continuing education).  Or alternatively, refrain from doing things (using alcohol, prescribing schedule drugs, seeing certain patients, etc.). The Arizona Accountancy Board can place accountants on probation through:

• Stipulated Rehabilitation Agreement
• Interim Practice Restriction
• Decree of Censure with Probation
• Letter of Reprimand with Probation
• Practice Limitation

Accountants who hold a license in Arizona can face disciplinary actions by the Arizona Accountancy Board for many different reasons.  If the Accountancy Board determines formal licensing action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of the Arizona Practice Act and Arizona law.  Thus, at an Arizona Accountancy Board Meeting, the Board will vote to determine the outcome of each investigation, thus, a defense attorney may be needed.  The Board can vote on a non-disciplinary outcome or vote to offer the accountant formal discipline.

Responding to Practice Complaints and Investigations

After receiving an Arizona Accountancy Board Complaint or self-report, an accountant receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Accountancy Board assigns an investigator to the complaint and they begin to collect evidence. The documents and evidence collected includes:

• Patient medical records
• Employment files from the accountant’s employer and business
• Criminal records
• Interviews of people associated with the Board Complaint (These interviewees can include the patient, medical director, colleagues, etc.)

Arizona Accountancy Board Disciplinary Actions

When an accountant is facing a complaint or investigation by their board, they may also face Arizona Accountancy Board Disciplinary Actions. Facing disciplinary action can have vast repercussions on a medical career. This can include license probation, suspension or revocation. It can also jeopardize employment. An accountant under investigation can face termination at their current job after receiving a complaint or after the Board initiates an investigation.

There are certain allegations that can cause an accountant to receive disciplinary action. These include:

• Improper record keeping
• Reporting false information
• Negligence
• Physical abuse of patients
• Sexual abuse of patients
• Criminal convictions
• Substance Abuse
• Disruptive Conduct

Arizona Accountancy Board Appeals | Arizona Board Appeal

It’s always disappointing when an accountant receives an unfavorable decision from the Arizona Accountancy Board (“AAB“). However, accountants in Arizona can benefit from understanding the process that goes along with Arizona Accountancy Board appeals and hearings after a case is heard by the Board. If you are facing an unfavorable outcome due to an offered disciplinary action, consent agreement or order, you can always appeal the decision and request an administrative hearing before the Office of Administrative Hearings.

Filing an Appeal after an Accountancy Board Meeting

The investigatory process and the appeal process work like this:  Once the Board receives a complaint or self-report they will then initiate an investigation into the Arizona accountant license. The purpose of this investigation is to give the AAB evidence to make a decision on whether or not an accountant should face disciplinary action. If the accountant receives an unfavorable formal disciplinary decision, it is at this point, they can then file an appeal and request a hearing with the Arizona Office of Administrative Hearing. An Administrative Law Judge will then oversee the appeal and the accountant may need to attend a hearing. However, sometimes the investigation is automatically sent to hearing or an informal settlement conference can be held (if requested).

Arizona Administrative Appeal and Hearing

Any accountant licensee may request a legal appeal of the Board’s Discipline to an administrative law judge with the Arizona Office of Administrative Hearings (OAH) which is located in Phoenix. In some instances, a case is sent automatically to OAH. The Arizona’s OAH hearing is conducted before an Administrative Law Judge (ALJ).  The administrative process is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. An accountant’s attorney can cross examine witnesses and testify on his or her behalf. After it is completed, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision.  If an individuals feels there has been a mistake they can request a rehearing by appealing the decision.

Criminal Reporting Requirements for an Accountant

A.R.S. 32-3208 requires that accountant licensees and applicants for an accountant license must report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the Arizona Accountancy Board within 10 working days after the charge is filed.  A working day would be considered Monday through Friday. Failure to report a reportable criminal charge within 10 business days is a violation of the Arizona statutes.

What Current and Past Crimes Must Be Reported?

Arizona Accountancy Board Criminal Reporting rules hold that a felony must be reported within 10 days of being charged. The following types of misdemeanor or other criminal histories are crimes that have been determined by the Board to be reportable pursuant to the chapter in A.RS § 32-3208: 

• Assault and Related Offenses
• Theft and Related Offenses
• Fraud, Deceit and Related Offenses
• Abuse, Neglect, Exploitation of a Child or Vulnerable Adult and Related Offenses
• Sexual and Related Offenses
• Drug and/or Alcohol Related Offenses
• Arson and Related Offenses
• Animal Abuse, Cruelty and Related Offenses

Failure to report a reportable criminal charge within 10 business days is a violation of the Arizona Practice Act and could result in disciplinary action which could result in Arizona Accountancy Board’s Probation.

Accountancy Board Discipline Attorneys

If you’re interested in learning more about our Arizona Accountancy Board Attorney services and how to protect your license, set up a consultation with Chelle Law today.