Arizona Laws 32-128. Disciplinary action; letter of concern; judicial review
A. The board may take the following disciplinary actions, in combination or alternatively:
Terms Used In Arizona Laws 32-128
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Board: means the state board of technical registration. See Arizona Laws 32-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Home inspector: means an individual who is certified pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports. See Arizona Laws 32-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: means any individual, firm, partnership, corporation, association or other organization. See Arizona Laws 32-101
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Registrant: means a person who is registered or certified by the board. See Arizona Laws 32-101
- Registration: means a registration or certification that is issued by the board. See Arizona Laws 32-101
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Writing: includes printing. See Arizona Laws 1-215
1. Revocation of a certification or registration.
2. Suspension of a certification or registration for a period of not more than three years.
3. Imposition of an administrative penalty of not more than two thousand dollars for each violation of this chapter or rules adopted pursuant to this chapter.
4. Imposition of restrictions on the scope of the registrant‘s practice.
5. Imposition of peer review and professional education requirements.
6. Imposition of probation requirements that are best adapted to protect the public safety, health and welfare and that may include a requirement for restitution payments to professional services clients or to other persons suffering economic loss resulting from violations of this chapter or rules adopted pursuant to this chapter.
7. Issuance of a letter of reprimand informing a person regulated under this chapter of a violation of this chapter or rules adopted by the board.
B. The board may issue a letter of concern if the board believes there is insufficient evidence to support disciplinary action against the registrant or home inspector but sufficient evidence for the board to notify the registrant or home inspector of the board’s concern. A letter of concern is a public document.
C. The board may take disciplinary action against the holder of a certificate or registration under this chapter who is charged with the commission of any of the following acts:
1. Fraud or misrepresentation in obtaining a certificate of qualification, whether in the application or qualification examination.
2. Gross negligence, incompetence, bribery or other misconduct in the practice of the profession.
3. Aiding or abetting an unregistered or uncertified person to evade this chapter or knowingly combining or conspiring with an unregistered or uncertified person, or allowing one’s registration or certification to be used by an unregistered or uncertified person or acting as agent, partner, associate or otherwise of an unregistered or uncertified person, with intent to evade this chapter.
4. Violation of this chapter or board rules.
5. Failing to pay a collaborating registered professional within seven calendar days after the registrant receives payment from a client unless specified otherwise contractually between the prime professional and the collaborating registered professional. For the purposes of this paragraph, "collaborating registered professional" means a registered professional with whom the prime professional has a contract to perform professional services.
D. The board may make investigations, employ investigators and expert witnesses, appoint members of advisory committees and conduct hearings to determine whether a disciplinary action should be taken against the holder of a certificate or registration under this chapter.
E. An investigation may be initiated on receipt of an oral or written complaint. The board, on its own motion, may direct the executive director to file a verified complaint charging a person with a violation of this chapter or board rules and shall give notice of the hearing pursuant to Title 41, Chapter 6, Article 10. The executive director shall then serve on the accused, by either personal service or certified mail, a copy of the complaint together with notice setting forth the charge or charges to be heard and the time and place of the hearing, which shall not be less than thirty days after the service or mailing of notice.
F. A person who has been notified of charges pending against the person shall file with the board an answer in writing to the charges not more than thirty days after service of the complaint and notice of hearing. If a person fails to answer in writing, it is deemed an admission by the person of the act or acts charged in the complaint and notice of hearing. The board may then take disciplinary action pursuant to this chapter without a hearing.
G. A disciplinary action may be informally settled by the board and the accused either before or after initiation of hearing proceedings.
H. On its determination that any person has violated this chapter or a rule adopted pursuant to this chapter, the board may assess the person with its reasonable costs and expenses, including attorney fees, incurred in conducting the investigation and administrative hearing. All monies collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the technical registration fund established by section 32-109 and shall only be used by the board to defray its expenses in connection with investigation related training, disciplinary investigations and hearings. Notwithstanding Section 35-143.01, these monies may be spent without legislative appropriation.
I. The board shall immediately notify the clerk of the board of supervisors of each county in the state of the suspension or revocation of a certificate or of the reissuance of a suspended or revoked certificate.
J. Except as provided in Section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to Title 12, Chapter 7, Article 6.