Arizona Administrative Code

In any hearing, the parties include all persons named in the notice of hearing including the Auditor General, a contractor, and all persons properly admitted as intervenors. All parties are bound by the decisions of the Auditor General relating to the hearing. Notes Ariz. Admin. …

The hearing officer appointed by the Auditor General may make findings of fact and conclusions of law and recommend that the Auditor General make certain orders after the hearing officer has heard all of the evidence. In addition, the hearing officer may make all determinations o…

The causes for suspension or debarment include the following: 1. Conviction of any person or affiliate of such person for commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such co…

A. If the Auditor General believes that cause exists to suspend or debar a contractor, the Auditor General shall notify the contractor in writing of such basis or cause and set the date, time, and place for hearing. B. The contractor shall file a response to the assertions contai…

A. All notices and documents required to be served by the Auditor General and all documents filed by any contractor may be served by mail or by delivery in person. Service of any document shall be deemed complete when a true copy is deposited in the United States mail with first …

A. All papers filed with the Auditor General in any matter pertaining to the hearing shall be typewritten or legibly written on paper no larger than 8 1/2 by 11 inches, shall contain the name and address of the party or other correspondent, shall designate the title and docket nu…

A. A continuance or postponement of the time for filing any response required by these rules or of any hearing may be granted, in the interests of justice, by the Auditor General or the hearing officer upon application in writing or upon stipulation between the Auditor General an…

Parties to any proceeding may by written stipulation agree upon any matter involved in the proceeding. If approved by the Auditor General or the hearing officer, the stipulation shall be binding upon all parties to the proceeding or as between the parties stipulating. Notwithstan…

A. Not less than two days before hearing, each party shall ensure that the Auditor General or the designated hearing officer has received a prehearing statement which shall be so designated and which shall set forth with specificity the following: 1. A list of all exhibits and wi…

A. A hearing for suspension or debarment is a contested case as defined by A.R.S. § 41-1001(3), and the provisions of A.R.S. Title 41, Chapter 6, Article 6 (A.R.S. § 41-1061 et seq.) apply to those cases. B. The hearing officer may: 1. Hold prehearing conferences to settle, simpl…

All hearings before the Auditor General or a hearing officer shall be mechanically recorded or stenographically reported. Nothing contained herein shall be construed as prohibiting or limiting any person from mechanically recording the proceedings or having them stenographically …

A. The decision shall: 1. Be in writing; 2. State separately the findings of fact and conclusions of law and the order of the Auditor General and the effective period of the action; and 3. Be served on the parties. B. A decision shall be effective on the date signed by the Audito…

A. The period of time for a suspension shall not exceed one year from the date of the decision. B. The period of time for a debarment shall not exceed three years from the date of the decision. C. If suspension or debarment is based solely upon suspension or debarment by another …

A. Any party aggrieved by a decision rendered by the Auditor General may file with the Auditor General or the hearing officer, not later than 15 days after service of the decision, a written motion for rehearing or review of the decision specifying the particular grounds therefor…

A. The Auditor General may, at any time after a final decision on a suspension or debarment, reinstate a contractor or rescind the decision upon a determination that the cause upon which the suspension or debarment is based no longer exists or has been substantially mitigated. B.…

A. The Auditor General may disapprove a contract for the same causes provided for in R4-44-104. B. The Auditor General may disapprove a contract if the contract does not contain a provision to the following effect: "The audit shall be conducted in accordance with generally accept…

In addition to the definitions in A.R.S. § 32-3501, in this Chapter, unless otherwise specified: "Applicant" means an individual who meets the qualifications of A.R.S. § 32-3523 and applies for licensure under A.R.S. § 32-3522. "Approved continuing education" means a planned cour…

A. Under the authority provided by A.R.S. § 32-3526 or other specified statutes, the Board establishes and shall collect the following fees: 1. Application for a license, $100; 2. Application based on a diploma from a foreign respiratory therapy school, $200; 3. Initial license, …

Service of any decision, order, subpoena, notice, or other written process may be made by, for, or on behalf of the Board by personal service or by mailing a copy by certified mail. The Board shall make service by certified mail to the address of record on file with the Board. Se…

A. A licensee shall notify the Board in writing within 30 days after the licensee's name is legally changed. The licensee shall include with the notice a notarized or certified copy of the official document evidencing the name change. At the time of notification, the licensee sha…

A. To facilitate communication between the Board and an applicant, licensee, or continuing education provider, the Board shall make the following forms available on its web site: 1. Application for licensure, 2. Verification of licensure, 3. License renewal application, 4. Notice…

A.In addition to meeting the qualifications listed in A.R.S. § 32-3523(A), an applicant for a license to practice as a respiratory care practitioner shall submit the following information on the Board's license application form: 1. The applicant's full name and Social Security nu…

The Board shall approve any respiratory therapy training program that is accredited by the Committee on Accreditation for Respiratory Care. Notes Ariz. Admin. Code § R4-45-202 Adopted effective September 12, 1996 (Supp. 96-3). Amended by final rulemaking at 12 A.A.R. 968, effecti…

A. Except when a license may be issued without an examination under A.R.S. § 32-3524 or grandfathered, an applicant shall pass the RRT examination. The passing score is the scaled score set by the NBRC. B. An applicant shall inform the Board as soon as possible by one of the foll…

An applicant who has a diploma from a respiratory therapy school located outside the United States shall: 1. Cause the school from which the diploma was issued to deliver to the Board a certified copy of course transcripts and other information concerning the applicant's course o…

If an application for a license is based on licensure by another state, the applicant shall cause the state that issued the license to deliver to the Board: 1. A certified copy of the license; 2. A verification of license, completed, signed, and authenticated by seal or notarizat…

The Board shall issue a license to an applicant without examination if the applicant: 1. Is qualified under A.R.S. § 32-3523, 2. Files an application for licensure under R4-45-201, and 3. Is registered or certified as a respiratory therapist by the NBRC. Notes Ariz. Admin. Code §…

A. A respiratory care practitioner's first license expires on the licensee's second birthday following issuance of the license. Thereafter, a respiratory care practitioner's license expires every other year on the licensee's birthday. B. To apply for renewal of a license, a licen…

A. The following definitions apply to this Article: 1. "Acceptable documentation" means: a. Transcripts; b. Letters from course instructors; c. Certificates of Completion or other formal certifications provided by: i. Hospitals; ii. Course instructors; or iii. Health organization…

A. The Board shall accept CEUs from a continuing education course approved by the: 1. American Academy of Allergy, Asthma & Immunology; 2. American Academy of Pediatrics; 3. American Academy of Physician Assistants; 4. American Association for Respiratory Care and its state affil…

Notes Ariz. Admin. Code § R4-45-210 Adopted effective September 12, 1996 (Supp. 96-3). Amended by final rulemaking at 12 A.A.R. 968, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 14 A.A.R. 832, effective May 3, 2008 (Supp. 08-1). Repealed by exempt rulemaking…

The Board shall provide notice of an audit of continuing education records to a random sample of licensees. A licensee subject to a continuing education audit shall submit documentation that demonstrates compliance with the continuing education requirement within the time specifi…

A. When applying for renewal of a license, a licensee may request a waiver from completion of the continuing education requirement. The Board shall grant a waiver only if the licensee verifies in writing that during the period immediately before expiration of the license, the lic…

Notes Ariz. Admin. Code § R4-45-213 Adopted effective September 12, 1996 (Supp. 96-3). Amended by final rulemaking at 12 A.A.R. 968, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 14 A.A.R. 832, effective May 3, 2008 (Supp. 08-1). Repealed by final rulemaking …

Conduct or practice that is contrary to recognized standards of ethics of the respiratory therapy profession, as used in A.R.S. § 32-3501(10)(i), includes the following: 1. Engaging in the practice of respiratory care in a manner that harms or may harm a patient or that the Board…

A. For the purpose of A.R.S. § 41-1073, the Board establishes the following licensing time-frames for an initial license application: 1. Administrative completeness review time-frame: 15 days; 2. Substantive review time-frame: 90 days; 3. Overall time-frame: 105 days. B. The admi…

A. For the purposes of A.R.S. § 41-1073, the Board establishes the following licensing time-frames for renewal or reinstatement of a license: 1. Administrative completeness review time-frame: 7 days; 2. Substantive review time-frame: 60 days; 3. Overall time-frame: 67 days. B. Th…

A. If the Board denies a license, an applicant may make a written request for a hearing to review the denial. The applicant shall file the request with the Board within 30 days following service of notice of the denial. The request shall state specifically the reasons why the Boa…

A. Under A.R.S. § 32-3554, a former licensee whose license is revoked may apply to the Board after one year to have the license reinstated. A licensee who is placed on probation may apply to the Board after one year to have the conditions of probation modified. B. If a former lic…

The Board shall conduct all hearings, including those held under A.R.S. § 32-3553, according to the procedures in A.R.S. Title 41, Chapter 6, Article 10. Notes Ariz. Admin. Code § R4-45-301 Adopted effective September 12, 1996 (Supp. 96-3). Amended by final rulemaking at 12 A.A.R…

A. The Board shall provide for a rehearing and review of its decisions under A.R.S. Title 41, Chapter 6, Article 10 and the rules established by the Office of Administrative Hearings. B. Except as provided in subsection (I), a party is required to file a motion for rehearing or r…

The definitions in A.R.S. §§ 32-3601, 32-3651, and 32-3661 apply to this Chapter. Additionally, unless the context otherwise requires, in this Chapter: "Accredited" means approved by an accrediting agency recognized by the Council for Higher Education Accreditation or the U.S. Se…

A. The Director may appoint advisory committees the Director deems appropriate. The committees shall make advisory recommendations which may be accepted, rejected, or modified at the Director's discretion. B. Under the authority provided by A.R.S. § 32-3605(B), the Director may d…

Notes Ariz. Admin. Code § R4-46-103 Adopted effective December 29, 1995 (Supp. 95-4). Amended effective October 1, 1998; filed in the Office of the Secretary of State September 10, 1998 (Supp. 98-3). Amended by Final rulemaking at 21 A.A.R. 1675, effective 10/6/2015. Repealed by …

Notes Ariz. Admin. Code § R4-46-104 Adopted effective December 29, 1995 (Supp. 95-4). Amended effective October 1, 1998; filed in the Office of the Secretary of State September 10, 1998 (Supp. 98-3). Section repealed by final rulemaking at 13 A.A.R. 1388, effective June 2, 2007 (…

Notes Ariz. Admin. Code § R4-46-105 Adopted effective December 29, 1995 (Supp. 95-4). Section repealed by final rulemaking at 13 A.A.R. 1388, effective June 2, 2007 (Supp. 07-2).

A. Under the specific authority provided by A.R.S. §§ 32-3607, 32-3619, and 32-3667, the Director establishes and shall collect the following fees: 1. Application for original license or certificate: $400. 2. Application for registration as a trainee appraiser: $300. 3. Examinati…