Arizona Administrative Appeals and Hearings: AZ Administrative Hearings and Appeals
The attorneys at 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. Many of these Boards also receive complaints and act to determine if there has been a violation of the law. For instance, a Board may decide to issue disciplinary action when necessary. A professional 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 Real Estate (ADRE)
- Division of Developmental Disabilities (DDD)
- Department of Insurance
Licensing Board Discipline and State Agency Actions
After investigating a complaint, the licensing board or agency will then determine what disciplinary action is necessary as they see fit. This can mean a letter of reprimand, probation, decree of censure, denial, civil penalties, suspension or revocation. Furthermore, an agency lead by the Executive Director may also make a decision that negatively effects the rights of the person. For some, this can be a denial of insurance benefits, substantiated claim of child abuse or the removal of a health care facility license. The individual or facility has the right to appeal and request a hearing with the administration.
Arizona Administrative Appeals
When a Board or Agency decides to issue formal discipline as a result of their investigation, the individual has the right to appeal the final administrative decision and request a hearing. Therefore, the subject of the complaint can either consent to the discipline by signing an agreement or can request an administrative appeals hearing to appeal the decision.
Appeals and Hearings with OAH Information
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. In this instance, the hearing is not as formal as a trial, but it’s similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening statement and a closing argument. Both of which should explain why the judge should rule one way or the other. This is more like a court with a judge present. The respondent can cross examine witnesses and testify on his or her own behalf. After the hearing, the ALJ reviews the transcripts and evidence. From here, they’ll make a recommendation to the AZ board or agency. Usually, the board or agency makes a administrative decision to either accept, reject or modify the ALJ’s decision. A rehearing can be requested if an error is made by the Board or law judge decisions. The rules the administrative law judge must follow and the forms that must be completed are contained in the Arizona Administrative Code.
Administrative Hearing Attorney
Individuals who wish to appeal a decision shouldn’t discuss their case with friends, co-workers or anyone who could end up testifying against them. At the hearing, these people may be witnesses. Your attorney should be the only person you discuss your case with.
If you have questions about how Arizona Administrative Appeals and Hearings procedures work or if you would like to learn more about the services we offer, contact Chelle Law today.
