Arizona Department of Health Services
Health and Wellness for All Arizonans
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Division of Licensing Services
Enforcement Action Definitions
AMENDED ORDER
means a document amending an existing Order.
CEASE AND DESIST ORDER
means an Order issued by the Director or his/her designee, directing an unlicensed health care institution , child care facility, child care group home, or an individual, to cease operation.
CIVIL PENALTIES/CIVIL MONEY PENALTIES
means a monetary fine against an agency or entity for failure to comply with one or more Arizona Revised Statutes or Arizona Administrative Code (Rules).
CONFIRMING ORDER
means a document issued by the Department notifying an entity against which a Cease and Desist Order was issued that the entity did not file an appeal to the Department’s Cease and Desist Order.
COURT ORDER
means a direction or command delivered by a court and entered into the court record.
DENIAL OF LICENSE/CERTIFICATION/APPLICATION
means an Order issued by the Director or his/her designee, denying an application for licensure, relicensure, certification or re-certification.
DIRECTOR’S DECISION
means the Director’s (or designee's) Decision that accepts, rejects, or amends the recommended decision of the Administrative Law Judge that is rendered after the conclusion of the administrative hearing of an appealable agency action or a contested case. The decision consists of findings of fact, conclusions of law, and disposition of the issue before the Director.
FINAL ORDER
means a final administrative decision issued by the Director or his/her designee, after a party has requested review or rehearing of the Director’s or his/her designee’s decision. The Final Order is subject to judicial review.
HEARING NOTICE
means a Notice sent by the Department, stating the date, time and location of a hearing and appointment of an Administrative Law Judge.
INJUNCTION
means a Court Order issued by a judge prohibiting an entity from continuing a specific act or mandating that an entity performs a specific act.
INTERMEDIATE SANCTIONS
means an enforcement document issued by the Director or his/her designee, imposing specifically required actions and procedures upon an entity because the entity has endangered or is in jeopardy of endangering the health or safety of individuals.
PLEADING
means a formal, written statement setting forth the cause of an action or the defense of a legal case.
PROVISIONAL LICENSE
means a license issued by the Department for a period of not more than one year if an inspection or investigation reveals that the entity is not in substantial compliance with Department licensure requirements and the Director believes that the immediate interests of the patients and the general public are best served if the entity is given an opportunity to correct deficiencies. Consecutive provisional licenses shall not be issued. The entity is required to submit a substantial compliance application in order to receive a regular license during the provisional licensure period, or a license renewal application prior to the expiration of the provisional license.
RECOMMENDED DECISION
means a written decision by the Administrative Law Judge outlining the facts of the case, pertinent laws, evidence presented at the hearing, and summarizing the findings of facts and conclusions of law to the Director.
RESCISSION ORDER
means an enforcement document issued by the Department that terminates Intermediate Sanctions imposed on an entity.
REVOCATION OF LICENSE/CERTIFICATION
means an Order issued by the Director or his/her designee, nullifying the license of an entity.
STIPULATION
means an agreement between the Department and an entity required to be regulated that sets forth the facts of the case and the details of the agreement which will replace or conclude any legal action.
SUBPOENA
means a legal writ requiring the recipient to appear in court to testify.
SUMMARY SUSPENSION OF LICENSE/CERTIFICATION
means an Order issued by the Director or his/her designee, suspending the license of an entity when the Department finds that the public health, safety, or welfare urgently requires emergency action.
TEMPORARY RESTRAINING ORDER (TRO)
means an emergency remedy of brief duration which may be issued only in extraordinary circumstances and only until the trial court can hear arguments or evidence on the subject matter.