Arizona Administrative Code

Notes Ariz. Admin. Code § R4-26-306 Renumbered from R4-26-151 effective July 3, 1991 (Supp. 91-3).

Notes Ariz. Admin. Code § R4-26-307 Renumbered from R4-26-151 effective July 3, 1991 (Supp. 91-3).

A. Except as provided in subsection (G), any party in a contested case or appealable agency action before the Board who is aggrieved by a Board order or decision may file with the Board, not later than 30 days after service of the decision, a written motion for rehearing or revie…

A. A.R.S. § 32-2081(B) applies when a complaint is filed against a psychologist who conducts an evaluation, treatment, or psycho-education under a court order even if the psychologist is not specifically named in the court order. B. If a complaint is filed against a psychologist …

A. If the Board determines, after a hearing conducted under A.R.S. Title 41, Chapter 6, Article 10, after an informal interview under A.R.S. § 32-2081(K), or through an agreement with the Board, that to protect public health and safety and ensure a licensee's ability to engage sa…

A. The definitions in A.R.S. § 32-2091 apply in this Article. B. Additionally, in this Article: 1. "Accredited" means an institution of higher education: a. In the U.S. is listed with the Council for Higher Education Accreditation, b. In Canada is a member of the Universities Can…

A. As specifically authorized by A.R.S. §§ 32-2091.01(A) and 32-2091.07(B), the Board establishes and shall collect the following fees: 1. Application for an active license: $350; 2. Renewal of an active license: $500; 3. Renewal of an inactive license: $85; and 4. Issuance of an…

A. An individual who wishes to practice as a behavior analyst and is qualified under A.R.S. § 32-2091.02 for an initial license or under A.R.S. § 32-2091.04 for a license by reciprocity shall complete and submit an application form, which is available from the Board office and on…

A. To be licensed as a behavior analyst in Arizona, an individual shall take and pass the examination administered by the BACB for Board Certified Behavior Analysts as part of its certification process. B. An individual who fails the BACB examination three times, regardless of ju…

A. This Section does not apply to an applicant who was certified as a behavior analyst by the BACB before January 1, 2015. B. To be licensed as a behavior analyst in Arizona, an individual shall have a master's degree or higher completed: 1. From an accredited institution of high…

A. Application of this Section: 1. This Section does not apply to an individual who was certified by the BACB with at least 1500 hours of supervised experience before January 1, 2015 2. This Section applies in part to an individual who was certified by the BACB with fewer than 15…

A. This Section does not apply to an applicant who was certified as a behavior analyst by the BACB before January 1, 2015. B. To be licensed as a behavior analyst in Arizona, an individual shall complete, as part of or in addition to the coursework necessary to obtain the graduat…

The Board incorporates by this reference the Ethics Code for Behavior Analysts, 2020 edition, updated February 2024, and published by the BACB. The incorporated material is available at https://bacb.com/wp-content/ethics-code-for-behavior-analysts and on the Board's website. This…

Notes Ariz. Admin. Code § R4-26-407 Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3). Amended by final rulemaking at 23 A.A.R. 215, effective 3/5/2017. Amended by final rulemaking at 24 A.A.R. 3100, effective 12/11/2018. Repealed by fi…

A. A license issued by the Board, whether active or inactive, expires on the last day of a licensee's birth month during the licensee's renewal year. B. The Board shall provide a licensee with 60 days' notice of the license renewal deadline. Failure to receive the notice does not…

A. A licensee shall complete a minimum of 30 hours of continuing education during each license period. A licensee shall ensure a minimum of four hours of continuing education during each license period addresses ethics. B. During a licensee's first license period, the licensee sh…

A. A licensed behavior analyst may request that the Board place the license on inactive status for one of the following reasons: 1. The behavior analyst no longer provides behavior analysis services in Arizona, 2. The behavior analyst is retired, or 3. The behavior analyst is phy…

A licensee seeking reinstatement from an inactive to an active license shall: 1. Comply with the provisions of R4-26-408(C) and (D); 2. Submit evidence of completing a pro-rated number of hours of continuing education. The licensee shall calculate the number of continuing educati…

A. A licensee shall not condition release of a client's record on payment for services by the client or a third party. B. A licensee shall release a client's raw test data to another licensed behavior analyst only after obtaining the client's informed, written consent to the rele…

A. The Board shall communicate with a licensee using the contact information provided to the Board. To ensure timely communication from the Board, a licensee shall notify the Board, in writing, within 30 days of any change of name, mailing address, e-mail address, or residential …

A. Anyone, including the Board, may file a complaint. A complainant shall ensure that a complaint filed with the Board involves: 1. An individual licensed under this Article; or 2. An individual, including an applicant, believed to be engaged in the unlicensed practice of behavio…

A. As authorized by A.R.S. § 32-2091.09, the Board may facilitate investigation of a complaint by conducting an informal interview. The Board shall send written notice of an informal interview to the individual who is the subject of the complaint, by personal service or certified…

A. The Board shall provide for a rehearing and review of its decisions under A.R.S. Title 41, Chapter 6, Article 10. B. Except as provided in subsection (H), a party is required to file a motion for rehearing or review of a decision of the Board to exhaust the party's administrat…

A. For the purpose of A.R.S. § 41-1073, the Board establishes the following time frames: 1. Initial license. a. Overall time frame: 120 days, b. Administrative completeness review time frame: 30 days, and c. Substantive review time frame: 90 days; 2. Renewal license. a. Overall t…

A. As required by A.R.S. § 32-3208, an applicant or licensee who is charged with a misdemeanor involving conduct that may affect client safety or a felony shall provide written notice of the charge to the Board within 10 days after the charge is filed. B. A list of reportable mis…

Notes Ariz. Admin. Code § R4-28-1001 Adopted effective May 31, 1980 (Supp. 80-3). Amended subsection (A) effective August 1, 1986 (Supp. 864). Former Section R4-28-26 renumbered without change as Section R4-28-1001 (Supp. 87-1). Section R4-28-1001 amended by final rulemaking at 5…

Notes Ariz. Admin. Code § R4-28-1002 New Section R4-28-1002 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 1893, effective February 29, 2004 (Supp. 04-2).

In addition to the definitions listed in A.R.S. § 32-2101 the following terms apply to this Chapter: "Active license" or "active status license" means a current license issued by the Department to a broker or salesperson that states the name of the broker that employs the broker …

A. All documents shall be considered filed on the date received by the Department. An original or renewal application postmarked on or before the end of the application or renewal deadline shall be considered timely. B. In computing any period of time allowed by these rules or by…

A. Overall time-frame. The Department shall issue or deny a license within the overall time-frames listed in Table 1 after receipt of a complete application. The overall time-frame is the total of the number of days provided for in the administrative completeness review and the s…

A fee shall be charged for a development site inspection pursuant to A.R.S. §§ 32-2182, 32-2194.02, 32-2195.02, 32-2197.05, and 32-2198.04, before or after issuance of a public report. Multiple inspections and fees may be required based on development circumstances. Notes Ariz. A…

Notes Ariz. Admin. Code § R4-28-105 New Section R4-28-105 made by exempt rulemaking at 19 A.A.R. 201, effective January 16, 2013 (Supp. 13-1). Section expired under A.R.S. § 41-1056(J) at 25 A.A.R. 971, effective March 1, 2019 (Supp. 19-2).

A. A licensee owes a fiduciary duty to the client and shall protect and promote the client's interests. The licensee shall also deal fairly with all other parties to a transaction. B. A licensee participating in a real estate transaction shall disclose in writing to all other par…

Except for owner listed properties, negotiations shall be conducted exclusively through the principal's broker or the broker's representative unless: 1. The principal waives this requirement in writing, and 2. No licensed representative of the broker is available for 24 hours. No…

A. An employing broker and a designated broker shall exercise reasonable supervision and control over the activities of brokers, salespersons, and others in the employ of the broker. Reasonable supervision and control includes the establishment and enforcement of written policies…

Notes Ariz. Admin. Code § R4-28-1201 Adopted effective May 1, 1980 (Supp. 80-3). Amended subsection (B) effective June 9, 1982 (Supp. 82-3). Former Section R4-28-29 renumbered without change as Section R4-28-1201 (Supp. 87-1). Former Section R4-28-1201 renumbered to R4-28-B1205 b…

Notes Ariz. Admin. Code § R4-28-1202 Former Section R4-28-30 repealed effective May 1, 1980, new Section R4-28-30 adopted effective May 1, 1980 (Supp. 80-3). Amended effective March 13, 1981 (Supp. 81-2). Former Section R4-28-30 renumbered without change as Section R4-28-1202 (Su…

Notes Ariz. Admin. Code § R4-28-1203 Adopted effective May 1, 1980 (Supp. 80-3). Former Section R4-28-31 renumbered without change as Section R4-28-1203 (Supp. 87-1). Former Section R4-28-1203 renumbered to R4-28-B1203 by final rulemaking at 5 A.A.R. 650, effective February 3, 19…

Notes Ariz. Admin. Code § R4-28-1204 Adopted effective May 1, 1980 (Supp. 80-3). Former Section R4-28-32 renumbered without change as Section R4-28-1204 (Supp. 87-1). Section R4-28-1204 repealed by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1).

Notes Ariz. Admin. Code § R4-28-1301 Adopted effective May 1, 1980 (Supp. 80-3). Amended effective March 13, 1981 (Supp. 81-2). Former Section R4-28-33 renumbered without change as Section R4-28-1301 (Supp. 87-1). Section R4-28-1301 repealed by final rulemaking at 5 A.A.R. 650, e…

A. Service of pleadings subsequent to complaint and notice of hearing shall be made by personal service or by mail to the last known address of record of the party or the party's counsel. If service is made by mail, response time shall be increased by five days. Service by mail i…

A. The Department shall ensure that information and documents in open audits and investigations remain confidential. Officers and employees of the Department shall not make confidential information or documents available to anyone other than the Attorney General or the Attorney G…

A. A response shall specifically admit, deny, or state that the party does not have, or is unable to obtain, sufficient information to admit or deny each allegation in the complaint. A statement of a lack of information shall have the effect of a denial. Any allegation not denied…

A. A party may participate in the party's own behalf or be represented by a member of the State Bar of Arizona. B. Any person intending to appear at a contested case hearing or appealable agency action as counsel or representative of a party shall file a Notice of Appearance whic…

Notes Ariz. Admin. Code § R4-28-1306 Adopted effective May 1, 1980 (Supp. 80-3). Former Section R4-28-38 renumbered without change as Section R4-28-1306 (Supp. 87-1). Amended subsections (A), (B), and (C) effective November 27, 1987 (Supp. 87-4). Section R4-28-1306 repealed by fi…

Notes Ariz. Admin. Code § R4-28-1307 Adopted effective May 1, 1980 (Supp. 80-3). Amended subsection (E) effective March 13, 1981 (Supp. 81-2). Former Section R4-28-39 renumbered without change as Section R4-28-1307 (Supp. 87-1). Amended effective November 27, 1987 (Supp. 87-4). S…

Notes Ariz. Admin. Code § R4-28-1308 Adopted effective May 1, 1980 (Supp. 80-3). Amended effective March 13, 1981 (Supp. 81-2). Former Section R4-28-40 renumbered without change as Section R4-28-1308 (Supp. 87-1). Amended effective November 27, 1987 (Supp. 87-4). Section R4-28-13…