Arizona Laws 36-897.10. Pending action or sale; effect on licensure
A. The department shall not act on an application for certification of a currently certified child care group home while any enforcement or court action related to child care group home certification is pending against that group home’s current certificate holder.
Terms Used In Arizona Laws 36-897.10
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Child care group home: means a residential facility in which child care is regularly provided for compensation for periods of less than twenty-four hours per day for not less than five children but no more than ten children through the age of twelve years. See Arizona Laws 36-897
- Department: means the department of health services. See Arizona Laws 36-897
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
B. The director may continue to pursue any court, administrative or enforcement action against the certificate holder even if the group home is in the process of being sold or transferred to a new owner.
C. The department shall not approve a change in group home ownership unless it determines that there has been a transfer of legal and equitable interests, control and authority in the group home so that persons other than the transferring certificate holder, that certificate holder’s agent or other parties exercising authority or supervision over the group home’s daily operations or staff are responsible for and have control over the group home.