NOTICE OF AGENCY
SUBSTANTIVE POLICY STATEMENT #16

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 Appealing Executive Director actions to the Board. (SPS #16)

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 January 19, 2001.

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

Guidelines describing the procedure for a person who is aggrieved by an action taken by the executive director to request the Board to review that action.

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

New Statement

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. 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.
Appeal to the Board of Executive Director Actions

STATUTUORY REFERENCE:

32-1405 (E) "A person who is aggrieved by an action taken by the executive director may request the board to review that action by filing with the board a written request within thirty days after that person is notified of the executive director's action by personal delivery or certified mail to that person's last known residence or place of business."

CIRCUMSTANCES OF USE:

For a person who is aggrieved by an action taken by the Executive Director to appeal that action to the Board,

• The person must file a written request with the Board within thirty days after notification of the action in person or within thirty-five days after the Board mails notification to the person.
  
  
• The person must provide, in the written response, documentation to show that
  
  
  • There was an irregularity in the investigative process or the Executive Director's review that deprived the party of a fair decision, or
    
    
  • There was misconduct on the part of the Board Staff, Board Consultants, or the Executive Director that deprived the party of a fair decision, or
    
    
  • There is material evidence newly discovered which, with reasonable diligence, could not have been discovered and produced earlier, that could have a bearing on the decision.
    
    
• The fact that the aggrieved party does not agree with the final decision in and of itself is not grounds for a review by the Board.
  
  
• Failure to submit an appeal in writing with thirty days relieves the Board of the requirement to review actions taken by the Executive Director. The Executive Director may, however, if the new information is material and substantial in content, evaluate the newly provided information to determine whether the Board should review the case.

If an appeal is submitted that meets the above requirements

• The Board shall schedule the case for review at its next regularly scheduled meeting.
  
  
• If the appeal provides new material evidence that requires additional investigation, the investigation shall be conducted as expeditiously as possible and the case shall be forwarded to the Board at the first possible regularly scheduled meeting.