Ariz. Admin. Code § R4-26-302 - Informal Interviews

A. When a complaint is scheduled for informal interview, the Board shall send written notice of an informal interview to the licensee who is the subject of the complaint, by personal service or certified mail, return receipt requested, at least 20 days before an informal interview.

B. The Board shall include the following in the written notice of an informal interview:

1. The time, date, and place of the interview;

2. An explanation of the informal nature of the proceedings;

3. The licensee's right to appear at the informal interview with legal counsel licensed in Arizona or without legal counsel;

4. A statement of the allegations and issues involved;

5. The licensee's right to a formal hearing instead of the informal interview; and

6. Notice that the Board may take disciplinary action at the conclusion of the informal interview;

C. The procedure used during an informal interview may include the following:

1. Swearing in and taking testimony from the licensee, complainant, and witnesses, if any;

2. Optional opening and closing remarks by the licensee;

3. An opportunity for the complainant to address the Board, if requested;

3. 4. Board questions to the licensee, complainant, and witnesses, if any; and

4. 5. Deliberation and discussion by the Board

5. Optional opening comments by licensee;

6. Interviewing of the licensee;

7. Swearing in of the complainant, if complainant is present and wishes to speak;

8. Optional additional comments by licensee;

9. If desired by the licensee, questioning of the complainant by the licensee through the Board Chairperson; and

10. Deliberation and deciding the case by the Board.

a. The Board Chairperson shall decide whether to allow clarifying information as defined in R4-26-101 during deliberations.

b. The Board Chairperson may reopen and repeat the steps in subsections (C)(6) through (8) if the clarifying information suggests a need for further questioning of the licensee.

Notes

Ariz. Admin. Code § R4-26-302

Renumbered from R4-26-151effective July 3, 1991 (Supp. 91-3). New Section made by final rulemaking at 13 A.A.R. 1493, effective June 2, 2007 (Supp. 07-2). Amended by final rulemaking at 21 A.A.R. 3444, effective 1/30/2016.