Guidelines For Board Complaint Resolution (EFF. 5/27/2014)

If the Board finds that the alleged violations of rule or statute are not substantiated, it will dismiss the Complaint. The Board may take non-disciplinary action for errors that are not of sufficient seriousness to merit direct disciplinary action against a licensee.

The following are guidelines representing the resolution options available to the Board for violations of A.RS. Title 32, Chapter 1, A.A.C. Title 4, Chapter 30, based upon the nature of the offense or the factual scenarios. A Board action in a particular case shall be determined by the facts and law and shall not be constrained by these guidelines. The Board is not limited by these guidelines and may select any combination of resolutions found in this chart, which address general guidelines of infractions and suggested resolutions.

Letters of Concern are non-disciplinary Board actions. All other resolutions listed below are disciplinary actions which must be concluded through a consent agreement or the formal hearing process.
Level
Violations of Law
or Rule Resolution


I

Violations that are not of sufficient seriousness to merit disciplinary action against the licensee. • Letter ofconcern


II
Violations have occurred but do not warrant revocation or suspension of a license. Examples may include ethical violations; violation of any federal or state law/rules relating to the licensee’s practice area; engaging in activities that are unprofessional by current standards of practice; records violations; falsifying applications and/or renewals for registration by omission, unintentional misrepresentation, or deception.
• Letter of Reprimand
• Order for Continuing Education and/or Peer Review
• Administrative Penalty
• Probation with Restitution
• Probation with temporary suspension


III
Serious violations have occurred. This level may include egregious acts of unprofessional conduct.
Examples may include ethical violations; commission of a felony or misdemeanor involving moral turpitude; intentional and/or willful fraud, misrepresentation or deception; failing to pay collaborating professionals; violating a formal Board order, consent agreement, or term of probation; gross negligence.
• Any or all of the above penalties from Level II except for Letter of Reprimand
• Practice Restrictions
• Probation with Restitution
• Probation with temporary suspension
• Summary Suspension
• Revocation 

Document Type