About the Complaint Process
What happens if an Administrator or Manager violates the public trust?One of the essential responsibilities of the Board in carrying out its mission, to protect the health, welfare, and safety of Arizona citizens, is to investigate complaints and take disciplinary action against the few administrators or managers who violate the laws that govern them.
How is a complaint filed?Anyone, including the Board may file a complaint against a licensed administrator or certified manager, for alleged violations of law.
When filing a complaint it must meet the listed requirements and include the following information:
- Must be in writing
- Must be filed within one year from the incident causing the complaint
- Must include the complainants name, address and telephone number
- The administrator or manager’s name and address
- The nature of the complaint with as much detail as possible
- Must be signed and dated
To get a complaint form you can click here or contact the Board office at (602) 364-2273, and request one be sent to you.
What happens once a complaint is filed?
- A complaint number is assigned and a file is opened.
- A copy of the complaint is sent to the administrator or manager requiring a response
- Any supporting documentation is obtained
- Once the complaint investigation is complete, the matter is taken to the Board for review
- The complainant, administrator or manager are invited to attend the Board meeting to review the complaint with the Board and answer their questions
What happens at the Board meeting?Based on the documentation and evidence presented, the Board will determine the following:
1. Does the complaint fall under the Board’s jurisdiction?
- If the answer is “No”, the complaint will be dismissed because the Board has no legal authority to proceed.
- If the answer is “Yes”, the Board will go onto number two below.
2. Is there a substantive basis on which to believe a law may have been violated?
- If the answer is “No”, the complaint will be dismissed.
- If the answer is “No”, but the Board had concerns, they could dismiss the complaint with a non-disciplinary letter of concern.
- If the answer is “Yes”, the Board can offer a consent agreement outlining the disciplinary action or vote the matter directly to a formal hearing.
- If the answer is “Not sure”, then the Board can hold the complaint open and request more investigation be done.
3. The Board can impose the following disciplinary sanctions for violations of the law:
- Civil money penalty of not more then $500.00Suspend a license or certificate
- Revoke a license or certificate
4. If the complaint goes to hearing, a formal process takes over. The administrator or manager is served with a “Complaint Notice of Hearing”. This document identifies the date, time and place of the hearing. It also outlines the factual allegations and statutes or rules that were violated. An attorney can represent the administrator or manager at the hearing. The complainant should be prepared to act as a witness at the hearing. Generally, an Administrative Law Judge from the Office of Administrative Hearings conducts the hearing. However, the Board could conduct the formal hearing.
After the hearing the Administrative Law Judge makes a written recommended decision on the case. The Board then can accept, modify or reject that decision.
How long does the process take?
Depending on the complexity of the investigation or if there are related criminal issues, the process can take anywhere from a month to several months to resolve. The Board makes every effort to make sure the complaint proceeds as fast as possible.