Ariz. Admin. Code § 9-22-1802

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-22-1802 - Basis for Exclusion

A. In addition to such grounds for exclusion set for in Subsections A and B of A.R.S. § 36-2930.05, the Administration, in its sole discretion, may exclude:

1. Any individual or entity which has failed to comply with any requirement, term, or condition set forth in any agreement with the Administration;

2. Any individual or entity which has failed to remit any indebtedness or overpayment as required by A.A.C. R9-22-713;

3. Any entity which has a managing employee or any entity with a person with an ownership or control interest that:

a. Has failed to remit any indebtedness or overpayment as required by A.A.C. R9-22-713;

b. Has an affiliation with an organization which has failed to remit any indebtedness or overpayment as required by A.A.C. R9-22-713;

4. Any individual or any entity with a managing employee or a person with an ownership or control interest that has been convicted of a criminal offense which the Administration, in its sole discretion, determines may represent an undue risk of fraud, waste, or abuse of the system or an undue risk of harm to members;

5. Any individual or entity who employs any person to furnish items or services who has been excluded from participation in the system pursuant to A.R.S. § 36-2930.05;

6. Any individual who is or was a managing employee or a person with an ownership or control interest who participated in, condoned, or was willfully ignorant of any action or failure to act of an entity which was or could have been the basis for exclusion of the entity;

7. Any individual who was an organizer, leader, manager, or supervisor of any entity activity which was or could have been the basis for exclusion of the entity; or

8. Any individual or entity in order to protect the health of members.

B. The delineation of grounds for exclusion herein does not exclude any other basis for exclusion pursuant to A.R.S. § 36-2930.05(C).

Ariz. Admin. Code § R9-22-1802

New Section made by emergency rulemaking at 29 A.A.R. 1577, effective 7/3/2023 (Emergency). New Section made by emergency rulemaking at 30 A.A.R. 69, effective 12/21/2023, exp. 6/18/2024(Emergency). Amended by final rulemaking at 30 A.A.R. 1977, effective 6/26/2024.