This is the next post in my series on issues which Arizona professionals face when dealing with disciplinary actions from their state board. My last post addressed issues which arise when one is facing a hearing due to drug related issues. It is important to understand that, under certain circumstances, one may be considered as having a disability under the Americans With Disabilities Act. In this post I will address appealing the ruling of a disciplinary board.
I have previously discussed the fact that Arizona professionals have due process rights as well as how a Phoenix professional may wish to present their defense. It is important to recognize, however, that there are situations in which one will not be successful before their disciplinary board. Under such situations it may be necessary to file an appeal. Appeals will first go through the Arizona Office of Administrative Hearings and will then proceed to the Superior Court. I will quickly look at the types of issues which can be appealed before discussing the process itself.
Issues which can be appealed from a disciplinary hearing are similar to the one’s which can be appealed from a trial. If one is unhappy with their ruling then they may ask for review of issues such as whether evidence was properly admitted, whether a witness should have been permitted to testify, and whether laws and regulations were properly applied by those who oversaw the hearing. It is beneficial to have an appeal handled by the same attorney who handled the underlying hearing as that lawyer will be familiar with the record.
Appealing an Arizona licensing board decision begins by appealing to the Arizona Office of Administrative Hearings. If the Judge upholds the decision then one is entitled to bring the case before the Superior Court. This means a County Judge, rather than a professional in one’s field, will make the final decision as to whether the initial decision should be upheld. If the Judge rules in favor of the defendant then the matter may be remanded for a new administrative hearing, depending on the circumstances, it may be reversed outright and a verdict may be entered in favor of the defendant. Phoenix residents facing this process should hire an attorney who is familiar with these procedures.
I assist professionals in Phoenix, and throughout Arizona, with appeals impacting their professional licenses. Contact my office today to schedule a consultation. I also handle cases in cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. I also assist Pima County residents in Tucson and others throughout the state.