What If a State Agency Does Not Follow Its Own Rules?

When a state agency does not follow laws that pertain to is procedures and time limits, it may be in violation of the law and subject to legal consequences. The specific consequences will depend on the nature and severity of the violation, as well as the relevant laws and regulations in the jurisdiction where the agency operates.

In general, there are a few steps that can be taken to address such a situation. These may include:

            Filing a complaint

If you believe that a state agency has violated the law, you can file a complaint with the relevant oversight body. This could be a state auditor, and inspector general, or another regulatory agency.

            Seeking legal recourse

If the violation has resulted in hard to you or your rights, you may be able to take legal action against the agency. This could involve filing a lawsuit, seeking an injunction, or pursuing other legal remedies.

            Advocating for change

In some cases, a violation may be indicative of a broader problem with the agency or the laws that govern it. In such cases, advocacy efforts may be necessary to effect change and prevent similar violations in the future. This could involve working with lawmakers, community organizations, or other stakeholders to push for reforms.

Ultimately, the best course of action will depend on the specific circumstances of the situation. It may be helpful to consult with a lawyer or other legal professional to determine the appropriate steps to take.

In Arizona, for example, the Arizona Administrative Procedure Act, A.R.S. § 41-1001 - § 41-1092.12 governs administrative agencies like the Department of Health, which oversees assisted living licensees. Consequences of an agency’s failure to abide by its set of licensing timeframes are set forth in the Administrative Procedures Act at A.R.S. § 41-1077.

Being involved in organizations such as RALNA, and other state-specific non-profit industry trade groups is one way to keep on top of agency actions. Another is to know who your local state legislative representatives are, and make your interests known to their staff offices.

Additionally, state agencies are subject to audit by the state auditor (or inspector) general, whose past reports on that agency are typically publicly available. If a licensee or applicant for a license believes that the agency has not taken corrective action in accordance with past audit recommendations, there may be another avenue of recourse in addition to the three listed above.

Operating in a highly-regulated industry such as health care presents a layer of compliance that non-regulated businesses do not need to worry about. We at Pinkowski Law and Policy Group, salute our clients and others who have chosen this field of service to others, and support your success in navigating the intricacies of administrative agency law.

The information herein is intended to be educational and an introduction to the subject matter presented. Despite any statutory or regulatory references cited in the article above, it is NOT specific legal advice to be relied upon for specific individual circumstances. Contact your own legal professional or reach out to our firm if you would like specific advice on this topic.

Look for additional blog posts on topics of interest to Assisted Living and Behavioral Health operators.  We welcome topic suggestions!  Write to info@pinkowskilaw.com if you are curious to learn more about a certain topic impacting assisted living or other group housing concerns.