Arizona Laws 36-893. Legal action or sale; effect on licensure
A. The department shall not act on an application for licensure of a currently licensed child care facility while any enforcement or court action related to child care facility licensure is pending against that facility’s current licensee.
Terms Used In Arizona Laws 36-893
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Child: means any person through the age of fourteen years. See Arizona Laws 36-881
- Child care: means the care, supervision and guidance of a child or children, unaccompanied by a parent, guardian or custodian, on a regular basis, for periods of less than twenty-four hours per day, in a place other than the child's or the children's own home or homes. See Arizona Laws 36-881
- Department: means the department of health services. See Arizona Laws 36-881
- Director: means the director of the department of health services. See Arizona Laws 36-881
- 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 licensee even though the facility is in the process of being sold or transferred to a new owner.
C. The department shall not approve a change in facility ownership unless it determines that there has been a transfer of all legal and equitable interests, control and authority in the facility so that persons other than the transferring licensee, that licensee’s agent or other parties exercising authority or supervision over the facility’s daily operations or staff are responsible for and have control over the facility.