NOTICE OF AGENCY
SUBSTANTIVE POLICY STATEMENT #13

The Arizona Board of Medical Examiners
9545 East Doubletree Ranch Road, Scottsdale, Arizona 85258

1. Title of the guidance document or subject of the substantive policy statement and the guidance document number or substantive policy statement number by which the document or policy statement is referenced:

Guidelines For Delegating Authority To The Executive Director To Directly Refer Cases To A Formal Hearing. (SPS #13)

2. Date of the application of the guidance documents or the date the substantive policy statement was issued and the effective date of the document or policy statement if different from the publication or issuance date:

Adopted by the Board July 28, 1999, Revised by the Board October 25, 2000, Originally Published August 27, 1999.

3. Summary of the contents of the guidance document or the substantive policy statement:

Guidelines describing the circumstances of use for the Executive Director to directly refer cases to a formal hearing.

4. 4. A statement as to whether the guidance document or substantive policy statement is a new document or statement or a revision.

Revision

5. 5. The name, address and telephone number of the person to whom questions and comments about the guidance document or substantive policy statement may be directed:

Deputy Director, Arizona Board of Medical Examiners
9545 East Doubletree Ranch Road Scottsdale, Arizona 85258
(480) 551-2700

6. 6. Information about where a person may obtain a copy of the guidance document or the substantive policy statement and the costs for obtaining the document or policy statement:

Available from the Board of Medical Examiners. Twenty-five cents per page copying cost.

Referral to Formal Hearing

STATUTUORY REFERENCE:

1405 (C) 22 … directly refer cases to a formal hearing if evidence warrants suspension or revocation.

CIRCUMSTANCES OF USE:

For the E.D. to refer a case directly to formal hearing,

• the Investigative Staff (including the Medical Consultants) concur after review of the case that the case be moved to formal hearing, and
• the Lead Board Member who is sent the case concurs with the Investigative Staff that a formal hearing is the appropriate next step for the case.

Subsequent to referring a case directly to formal hearing,

• the E.D. shall report to the Board at each bimonthly Board meeting a list of the individuals whose cases were referred to formal hearing and the reasons for the referral during the prior period. This list will appear in the Executive Director's report.