Arizona Admin. Code Title 13 | Arizona Administrative Code, Title 13 — Public Safety

Chapter 9 Department of Public Safety - Concealed Weapons Permits

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code tit. 13, ch. 9, art. 1, tbl. 1 Expired

| Application Type | Administrative Review Time-frame | Time for Response to Deficiency Notice | Substantive Review Time-frame | Time for Response to Comprehensive Request | Overall Time-frame | | --- | --- | --- | --- | --- | --- | | Concealed Weapons Permit R13-9-202 | 14 | 40 | 46 | 20 | 60 | | Renewal of Concealed Weapons Permit R13-9-204 | 14 | 40 | 46 | 20 | 60 |

History

Table 1 made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4). Amended by final expedited rulemaking at 27 A.A.R. 2499, effective 10/8/2021. Section expired under A.R.S. § 41-1056(J) at 31 A.A.R. 1284, effective 4/1/2025.

Chapter 5 Law Enforcement Merit System Council

Ariz. Admin. Code tit. 13, ch. 5, art. 9 REPEALED

History

Article 9, consisting of Section R13-5-50, repealed effective June 7, 1978 (Supp. 78-3).

Chapter 1 Department of Public Safety Criminal Identification Section

Article 1 CRIMINAL HISTORY RECORDS

Ariz. Admin. Code tit. 13, ch. 1, art. 1, exh. A [Effective until 8/4/2024] Disposition Report Form Block Completion Instructions for Law Enforcement and Prosecutors

Block #1: SID NUMBER/AZ: If subject was previously arrested, the State Identification number may be obtained from the Arizona Computerized Criminal History (ACCH) files via terminal inquiry.

Block #2: NAME: Subject's complete name as shown on the arrest fingerprint record that was completed for this arrest.

Block #3: DATE OF BIRTH (DOB): As shown on the arrest fingerprint record (MMDDCCYY) MM = month, DD = day, CCYY = full year.

Example: 03/20/1954.

Block #4: DATE OF ARREST: As shown on the arrest fingerprint record (MMDDCCYY) MM = month, DD = day, CCYY = full year. Example: 04/20/2001.

Block #5: PCN: PCN assigned for specific arrest incident via AZAFIS.

Block #6: ARRESTING AGENCY ORI: The NCIC-assigned originating agency identifier (ORI).

Block #7: ARRESTING AGENCY CASE NUMBER: The arresting agency's case number.

Block #8: BOOKING AGENCY ORI: The NCIC-assigned originating agency identifier (ORI).

Block #9: BOOKING NUMBER: The number assigned by the detention facility.

Block #10: CHARGES: Each offense charged at the time of arrest MUST be listed on line "a". Line "b" is used only for amendments to the initial arrest charge(s).

Block #11: ARIZONA REVISED STATUTE (A.R.S.) or Ordinance: Enter the correct A.R.S. number or the County/City Ordinance number for each charge (as indicated on the arrest fingerprint record.)

Block #12: DATE OF OFFENSE/VIOLATION: Enter the date the offense/violation was committed (MMDDCCYY).

Block #13: OFFENSE TYPE: Circle "M" for misdemeanor. Circle "F" for felony.

Block #14: PREPARATORY OFFENSE CODE: Enter the appropriate code from the list on the front of this form. Indicate "A" for Attempted, "C" for Conspiracy to Commit, "F" for facilitate, or "S" for solicit.

Block #15: DOMESTIC VIOLENCE & VICTIM INFORMATION CODE: Enter the appropriate code from the list on the front of the form. Indicate "D" for a crime involving domestic violence, "M" when the victim is a minor, "A" when the victim is a vulnerable adult, "L" when the victim is a law enforcement officer, "C" for a dangerous crime against a child/children.

Block #16: DESIGNATED COURT NAME/IDENTIFIER: Enter the designated court name or NCIC-assigned originating identifier (ORI) for each charge. Block #17: AMENDED TO: Enter the letter "X" in block 17, line "a"; then write amended charge(s) and sentence information on the corresponding "b" line, beginning in block 10, completing all applicable blocks through block 27.

Block #18: DISPOSITION CODE: Enter the appropriate disposition code from the following: "NF" for no complaint filed, "NR" for not referred to prosecution, or "DP" for deferred prosecution.

Block #25: DISPOSITION DATE: Enter the official disposition date (MMDDCCYY).

Block #26: AGENCY ORI MAKING DISPOSITION DECISION: The NCIC-assigned originating agency identifier (ORI) of the agency making the disposition decision.

Block #27: FURTHER EXPLANATIONS OR MODIFICATIONS: Further explanation regarding a particular charge/disposition (list the charge number) may be entered in this section.

Block #28: RIGHT INDEX FINGERPRINT: (lower right corner of the form) At the time of arrest/fingerprinting, the subject's right index fingerprint may be placed in this box. (This fingerprint is optional and not required to process the Disposition Report form.)

History

Article 1, Exhibit A recodified from Article 5, Exhibit A, effective February 7, 2019 (Supp. 19-1).

Ariz. Admin. Code tit. 13, ch. 1, art. 1, exh. B [Effective until 8/4/2024] Disposition Report Form Block Completion Instructions for Criminal Courts

Block #1: SID NUMBER/AZ: If subject was previously arrested, the State Identification number may be obtained from the Arizona Computerized Criminal History (ACCH) files via terminal inquiry.

Block #2: NAME: Subject's complete name as shown on the arrest fingerprint record that was completed for this arrest.

Block #3: DATE OF BIRTH (DOB): As shown on the arrest fingerprint record (MMDDCCYY) MM = month, DD = day, CCYY = full year. Example: 03/20/1954.

Block #4: DATE OF ARREST: As shown on the arrest fingerprint record (MMDDCCYY) MM = month, DD = day, CCYY = full year.

Example: 04/20/2001.

Block #5: PCN: PCN assigned for specific arrest incident via AZAFIS.

Block #6: ARRESTING AGENCY ORI: The NCIC-assigned originating agency identifier (ORI).

Block #7: ARRESTING AGENCY CASE NUMBER: The arresting agency's case number.

Block #8: BOOKING AGENCY ORI: The NCIC-assigned originating agency identifier (ORI).

Block #9: BOOKING NUMBER: The number assigned by the detention facility.

Block #10: CHARGES: Each offense charged at the time of arrest MUST be listed on line "a". Line "b" is used only for amendments to the initial arrest charge(s).

Block #11: ARIZONA REVISED STATUTE (A.R.S.) or Ordinance: Enter the correct A.R.S. number or the County/City Ordinance number for each charge (as indicated on the arrest fingerprint record).

Block #12: DATE OF OFFENSE/VIOLATION: Enter the date the offense/violation was committed (MMDDCCYY).

Block #13: OFFENSE TYPE: Circle "M" for misdemeanor. Circle "F" for felony.

Block #14: PREPARATORY OFFENSE CODE: Enter the appropriate code from the list on the front of this form. Indicate "A" for attempted, "C" for Conspiracy to Commit, "F" for facilitate, or "S" for solicit.

Block #16: DESIGNATED COURT NAME/IDENTIFIER: Enter the designated court name or NCIC-assigned originating identifier (ORI) for each charge.

Block #17: AMENDED TO: Enter the letter "X" in block 17, line "a"; then write amended charge(s) and sentence information on the corresponding "b" line, beginning in block 10, completing all applicable blocks through block 27.

Block #18: DISPOSITION CODE: Enter the appropriate disposition or appellate code from the list on the front of the form.

AC - Acquitted/ Not guilty

CD - Court Dismissed

DP - Deferred Prosecution

DS - Deferred Sentencing

GG - Guilty

GI - Guilty but Insane

NF - No complaint filed

NP - Nolo contendere plea

NR - Not referred for prosecution

PD - Pardoned

PM - Pending due to mental incompetency

PO - Plea to other charges

RI - Not responsible by reason of insanity

APPELLATE CODES:

AF - Affirmed

AR - Affirmed, Remanded for Re-sentencing

RR - Reversed and Remanded

RV - Reversed and Conviction Overturned

SM - Sentence Modified

Block #19: PRISON/JAIL: If the defendant was sentenced to confinement, circle "P" for prison or "J" for Jail.

Block #20: LENGTH OF CONFINEMENT: Indicate the length of confinement (in days, months, years, etc.) to which the defendant is sentenced. Example: 1 yr. 2 mo.

Block #21: SENTENCE CODE: Enter the appropriate sentence code from the list on the front of the form.

CC - Concurrent

CS - Consecutive

PS - Public or Community Service

SS - Court Suspended Sentence

Block #22: PROBATION LENGTH: Indicate the length of probation in days, months, years, etc. to which the subject is sentenced. Example: 3 yrs.

Block #23: FINE: Circle "Y" for Yes, to indicate that a fine was imposed. Circle "N" for No, to indicate that a fine was not imposed.

Block #24: COURT CASE COMPLAINT NUMBER: The case number assigned by the Justice/Municipal/Superior Court.

Block #25: DISPOSITION DATE: Enter the official disposition date (MMDDCCYY).

Block #26: AGENCY ORI MAKING DISPOSITION DECISION: The NCIC-assigned originating agency identifier (ORI) of the agency making the disposition decision.

Block #27: FURTHER EXPLANATIONS OR MODIFICATIONS: Further explanation regarding a particular charge/disposition (list the charge number) may be entered in this block.

History

Article 1, Exhibit B recodified from Article 5, Exhibit B, effective February 7, 2019 (Supp. 19-1).

Chapter 10 Department of Public Safety Alcohol Testing

Article 1 DETERMINATION OF ALCOHOL CONCENTRATION

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. C APPLICATION FOR BREATH ALCOHOL QUALITY ASSURANCE SPECIALIST PERMIT

Click here to view

History

New Exhibit C made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Amended by final rulemaking at 26 A.A.R. 723, effective 6/1/2020.

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. D APPLICATION FOR BREATH TESTING INSTRUCTOR

Click here to view

History

New Exhibit D made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Amended by final rulemaking at 26 A.A.R. 723, effective 6/1/2020.

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. E-1 Expired

History

New Exhibit E-1 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Exhibit E-1 expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2054, effective May 31, 2016 (Supp. 16-3).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. E-2 Expired

History

New Exhibit E-2 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Exhibit E-2 expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2054, effective May 31, 2016 (Supp. 16-3).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. E-3 Expired

History

New Exhibit E-3 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Exhibit E-3 expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2054, effective May 31, 2016 (Supp. 16-3).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. E-4 Expired

History

New Exhibit E-4 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Exhibit E-4 expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2054, effective May 31, 2016 (Supp. 16-3).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. E-5 Expired

History

New Exhibit E-5 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Exhibit E-5 expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2054, effective May 31, 2016 (Supp. 16-3).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. E-6 Expired

History

New Exhibit E-6 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Exhibit E-6 expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2054, effective Ma y 31, 2016 (Supp. 16-3).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. F-1 Expired

History

New Exhibit F-1 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Exhibit F-1 expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2054, effective Ma y 31, 2016 (Supp. 16-3).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. F-2 Expired

History

New Exhibit F-2 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Exhibit F-2 expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2054, effective May 31, 2016 (Supp. 16-3).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. F-3 Expired

History

New Exhibit F-3 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Exhibit F-3 expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2054, effective May 31, 2016 (Supp. 16-3).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. F-4 Expired

History

New Exhibit F-4 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Exhibit F-4 expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2054, effective May 31, 2016 (Supp. 16-3).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. F-5 Expired

History

New Exhibit F-5 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Exhibit F-5 expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2054, effective May 31, 2016 (Supp. 16-3).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. G-1 Standard Operational Procedure, Intoxilyzer Model 8000

OPERATIONAL CHECKLIST

ARIZONA DEPARTMENT OF PUBLIC SAFETY

STANDARD OPERATIONAL PROCEDURE

INTOXILYZER MODEL 8000

DUPLICATE BREATH TEST

SUBJECT NAME ___________________________________DATE _____________________

AGENCY _______________________________OPERATOR ___________________________

INSTRUMENT SERIAL # _____________________LOCATION __________________________

TEST RESULTS 0. _______________ AC TIME _______________

0. _______________ AC TIME _______________

Immediately preceding administration of the tests, subject underwent at least a 15-minute deprivation period:

| From | ______________ | to | ______________ | by | _______________ | | --- | --- | --- | --- | --- | --- | | (Time) | (Time) | (Name) | | | |

() 1. Display reads "PUSH BUTTON TO START".

() 2. Push Start Test button.

() 3. Follow automated instructions on instrument display.

() 4. If test record reads "Successfully Completed Test Sequence" go to step 5

If test record reads "Not a Successfully Completed Test Sequence", and subject will be tested again, remove test record and go to step 1

If test record reads "Not a Successfully Completed Test Sequence", and subject will not be tested again, go to step 5

() 5. Remove test record.

Note: Duplicate breath tests shall be administered at intervals of not less than 5 minutes nor more than 10 minutes apart and the two consecutive tests shall agree within 0.020 alcohol concentration.

DPS Form Exh G-1 (Rev 05-1)

History

New Exhibit G-1 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. G-2 Standard Calibration Check Procedure, Intoxilyzer Model 8000

THIS REPORT PREPARED PURSUANT TO DUTY IMPOSED BY A.A.C. R13-10-104(A)

ARIZONA DEPARTMENT OF PUBLIC SAFETY

STANDARD QUALITY ASSURANCE PROCEDURES

INTOXILYZER MODEL 8000

STANDARD CALIBRATION CHECK PROCEDURE

QA SPECIALIST ________________________________________ AGENCY ____________________

DATE _______________________________________TIME _________________________________

INTOXILYZER SERIAL # ______________________________LOCATION _______________________

() 1. Ensure that gas tank is attached to instrument and contains a standard alcohol concentration solution _________AC.

Pour a standard alcohol concentration solution _________AC, into a clean dry simulator and assemble the simulator. Ensure that a tight seal has been made. Turn on the simulator and allow temperature to reach 34° C ± 0.2° C

() 2. Intoxilyzer 8000 display reads "PUSH BUTTON TO START"

() 3. Go to the "Control Testing Menu". Select "D" for dry control test or "W" for wet control test. After selection is made press ENTER.

() 4. Air blank completed.

() 5. Calibration check completed. Test results 0._____________AC.

() 6. Air blank completed.

() 7. Remove printed record. Attach the record to the completed checklist.

SIGNATURE _________________________________________________________________________

DPS Form Exh G-2 (Rev 05-01)

History

New Exhibit G-2 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. G-3 Standard Calibration Check Procedure Intoxilyzer, Model 8000 (Option P)

THIS REPORT PREPARED PURSUANT TO DUTY IMPOSED BY A.A.C. R13-10-104(A)

ARIZONA DEPARTMENT OF PUBLIC SAFETY

STANDARD QUALITY ASSURANCE PROCEDURES

INTOXILYZER MODEL 8000

STANDARD CALIBRATION CHECK PROCEDURE

(OPTION P)

a. Ensure dry gas tank is attached to instrument and contains a standard alcohol concentration solution alcohol standard.

b. Pour a standard alcohol concentration solution into a clean dry simulator and assemble the simulator.

Ensure that a tight seal has been made. Turn on the simulator and allow temperature to reach 34° C ± 0.2° C

2. Intoxilyzer 8000 display reads "PUSH BUTTON TO START"

3. Go to the "Control Testing Menu". Select "D" for dry control test or "W" for wet control test. After selection is made press ENTER.

4. Air blank completed.

5. Standard Calibration Check completed.

6. Air blank completed.

DPS Form Exh G-3 (Rev 05-01)

History

New Exhibit G-3 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. G-4 Standard Quality Assurance Procedure Intoxilyzer, Model 8000

THIS REPORT PREPARED PURSUANT TO DUTY IMPOSED BY A.A.C. R13-10-104(A)

ARIZONA DEPARTMENT OF PUBLIC SAFETY

STANDARD QUALITY ASSURANCE PROCEDURES

INTOXILYZER MODEL 8000

STANDARD QUALITY ASSURANCE PROCEDURE

QA SPECIALIST ______________________________AGENCY ____________________________

DATE ________________________________TIME _____________________________________

INTOXILYZER SERIAL # __________________________LOCATION _________________________

() 1. Display Reads "PUSH BUTTON TO START"

DIAGNOSTIC TESTS

() 1. Clock time check.

() 2. Date check.

OPERATIONAL TESTS

() 1. Alcohol-free subject test result 0._____________AC.

() 2. Error recognition logic system functioning.

Not a Successfully Completed Test Sequence printed

() 3. Proper sample recognition system.

Not a Successfully Completed Test Sequence printed

Deficient sample printed.

() 4. Standard Calibration Check standard 0._____________AC. Result 0._____________AC.

Instrument is operating properly and accurately. YES ______ NO ______

COMMENTS _____________________________________________________________________

_______________________________________________________________________________

SIGNATURE ____________________________________________________________________

DPS Form Exh G-4 (Rev 05-01)

History

New Exhibit G-4 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. G-5 Standard Quality Assurance Procedure Intoxilyze, Model 8000 (Option P)

THIS REPORT PREPARED PURSUANT TO DUTY IMPOSED BY A.A.C. R13-10-104(A)

ARIZONA DEPARTMENT OF PUBLIC SAFETY

STANDARD QUALITY ASSURANCE PROCEDURES

INTOXILYZER MODEL 8000

STANDARD QUALITY ASSURANCE PROCEDURE

(OPTION P)

Display Reads "Push Button to Start"

DIAGNOSTIC TESTS

Clock time check.

2. Date check.

OPERATIONAL TESTS

Alcohol-free subject test result.

2. Error recognition logic system functioning.

Not a Successfully Completed Test Sequence printed or recorded.

3. Proper sample recognition system.

Not a Successfully Completed Test Sequence printed or recorded.

Deficient sample printed or recorded.

4. Standard alcohol concentration solution.

DPS Form Exh G-5 (Rev 05-01)

History

New Exhibit G-5 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. G-6 Standard Operational and Quality Assurance Procedure, Intoxilyzer Model 8000

THIS REPORT PREPARED PURSUANT TO DUTY IMPOSED BY A.A.C. R13-10-104(A)

ARIZONA DEPARTMENT OF PUBLIC SAFETY

STANDARD OPERATIONAL AND QUALITY ASSURANCE PROCEDURES

INTOXILYZER MODEL 8000

DUPLICATE BREATH TEST WITH CONCURRENT QUALITY ASSURANCE PROCEDURES

SUBJECT NAME ___________________________________DATE ____________________

AGENCY _______________________________________OPERATOR __________________

INSTRUMENT SERIAL # ________________________LOCATION ______________________

| SUBJECT TESTS | DIAGNOSTIC CHECKS | CALIBRATION CHECKS | | | | --- | --- | --- | --- | --- | | 0. _________ AC | TIME ___________ | _________PASS | _________FAIL | 0. _________AC | | 0. _________AC | TIME ___________ | _________PASS | _________FAIL | 0. _________ AC | | 0. ________AC | TIME ___________ | | | |

Immediately preceding administration of the tests, subject underwent at least a 15-minute deprivation period:

| From | _______ | to | _______ | by | _______ | | --- | --- | --- | --- | --- | --- | | (Time) | (Time) | (Name) | | | |

() 1. Display reads "PUSH BUTTON TO START".

() 2. Push Start Test button.

() 3. Follow automated instructions on instrument display.

() 4. If test record reads "Successfully Completed Test Sequence" go to step 5

If test record reads "Not a Successfully Completed Test Sequence", and subject will be tested again, remove test record and go to step 1

If test record reads "Not a Successfully Completed Test Sequence", and subject will not be tested again, go to step 5

() 5. Remove test record.

Note: A successfully completed test sequence includes the following:

At least a 15-minute deprivation period.
Successful concurrent diagnostic checks
Successful Concurrent Calibration Check Procedures bracketing the duplicate breath test
Duplicate breath test administered at intervals of not less than 5 minutes nor more than 10 minutes apart and the two consecutive tests agreeing within 0.020 alcohol concentration.

DPS Form Exh G-6 (Rev 05-01)

History

New Exhibit G-6 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. H-1 Standard Operational Procedure Alco Sensor RBT AZ

OPERATIONAL CHECKLIST

ARIZONA DEPARTMENT OF PUBLIC SAFETY

STANDARD OPERATIONAL PROCEDURE ALCO SENSOR RBT AZ

DUPLICATE BREATH TEST

SUBJECT NAME __________________________________DATE __________________________

AGENCY ___________________________________OPERATOR ___________________________

LOCATION _______________________________________________________________________

RBT AZ SERIAL # ____________________________ALCO SENSOR AZ SERIAL # ______________

TEST RESULTS 0. _________AC TIME _________

0. _________AC TIME _________

Immediately preceding administration of the tests, subject underwent at least a 15-minute deprivation period:

| From | _______ | to | _______ | by | _______ | | --- | --- | --- | --- | --- | --- | | (Time) | (Time) | (Name) | | | |

() 1. Depress RBT AZ ON button.

() 2. Depress zero set button, select subject or quick test.

() 3. Follow RBT AZ and AS AZ display instructions.

() 4. Enter case # &/or DL # if required.

() 5. Device temperature registers between 10° C and 40° C.

() 6.

a. If quick test, go to step 7.

b. If subject test, repeat steps 3 - 6 for duplicate test.

c. If the second subject test is not within 0.020 of the first test, repeat steps 3-6.

d. If the second subject test is within 0.020 of the first test, go to step 7.

e. If the third subject test, go to step 7.

() 7. Remove test record when printout is complete.

() 8. Turn off RBT AZ.

Note: Duplicate breath tests shall be administered at intervals of not less than 5 nor more than 10 minutes and the two consecutive tests shall agree within 0.020 alcohol concentration.

DPS Form Exh H-1 (Rev 05-01)

History

New Exhibit H-1 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. H-2 Standard Calibration Check Procedure Alco Sensor RBT AZ

THIS REPORT PREPARED PURSUANT TO DUTY IMPOSED BY A.A.C. R13-10-104(A)

ARIZONA DEPARTMENT OF PUBLIC SAFETY

STANDARD QUALITY ASSURANCE PROCEDURES ALCO SENSOR RBT AZ

STANDARD CALIBRATION CHECK PROCEDURE

AGENCY _______________________________________DATE ____________________

QA SPECIALIST _______________________________LOCATION __________________

RBT AZ SERIAL # _______________________ALCO SENSOR AZ SERIAL # __________

() 1. Have a standard alcohol concentration solution ready.

This may be a simulator (at 34° C ± 0.2° C) or a dry gas alcohol standard. Standard value: 0._____________AC.

() 2. Depress RBT AZ ON button.

Depress Time button.

Enter PIN #.

Depress zero button.

() 3. Follow RBT AZ and AS AZ display instructions.

() 4. Device temperature registers between 10° C and 40° C.

() 5. When AS AZ display reads "CHEK", introduce standard for 7 seconds; depress the MANUAL button on the

AS AZ at 5 seconds (while continuing to introduce the standard for another 2 seconds.)

() 6. Test results 0.___________ AC.

() 7. Remove test record when printout is complete.

() 8. Turn off RBT AZ.

COMMENTS _____________________________________________________________________

_______________________________________________________________________________

SIGNATURE ____________________________________________________________________

DPS Form Exh H-2 (Rev 05-01)

History

New Exhibit H-2 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. H-3 Standard Quality Assurance Procedure Alco Sensor RBT AZ

THIS REPORT PREPARED PURSUANT TO DUTY IMPOSED BY A.A.C. R13-10-104(A)

ARIZONA DEPARTMENT OF PUBLIC SAFETY

STANDARD QUALITY ASSURANCE PROCEDURES ALCO SENSOR RBT AZ

STANDARD QUALITY ASSURANCE PROCEDURE

AGENCY ________________________________________DATE ______________

QA SPECIALIST _______________________LOCATION______________________

RBT AZ SERIAL # __________________ALCO-SENSOR AZ SERIAL # _____________

() 1. Have a standard alcohol concentration solution ready.

This may be a simulator (at 34° C ± 0.2° C) or a dry gas alcohol standard. Standard value: 0._____________AC.

() 2. Depress RBT AZ ON button.

Depress Time button.

Enter PIN #.

Depress zero button.

() 3. Follow RBT AZ and AS AZ display instructions.

() 4. Device temperature registers between 10° C and 40° C.

() 5. When AS AZ display reads "CHEK", introduce standard for 7 seconds; depress the MANUAL button on the

AS AZ at 5 seconds (while continuing to introduce the standard for another 2 seconds.)

() 6. Test results 0. AC.

() 7. Remove test record when printout is complete.

() 8. Turn off RBT AZ.

() 1. Date and time correct.

() 2. Alcohol-free subject test result 0.______________ AC.

() 3. Proper sample recognition system.

() 4. Fuel cell response time for a standard solution.

Standard value: AC. Time sec.

() 5. Controls, displays, and printer worked correctly during the above quality assurance procedures.

COMMENTS _____________________________________________________________________

_______________________________________________________________________________

SIGNATURE ____________________________________________________________________

DPS Form Exh H-3 (Rev 05-01)

History

New Exhibit H-3 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. H-4 Standard Calibration Procedure Alco Sensor RBT AZ

THIS REPORT PREPARED PURSUANT TO DUTY IMPOSED BY A.A.C. R13-10-104(A)

ARIZONA DEPARTMENT OF PUBLIC SAFETY

STANDARD QUALITY ASSURANCE PROCEDURES ALCO SENSOR RBT AZ

CALIBRATION

AGENCY _____________________________________DATE __________________________

QA SPECIALIST ______________________________LOCATION ________________________

RBT AZ SERIAL # __________________________ALCO-SENSOR AZ SERIAL # ____________

() 1. Have a standard alcohol concentration solution ready.

This may be a simulator (at 34° C ± 0.2° C) or a dry gas alcohol standard. Standard value: 0.______________ AC.

() 2. Depress RBT AZ ON button.

() 3. Depress Time button, enter PIN #, depress #1 button.

() 4. Follow RBT AZ and AS AZ display instructions.

() 5. Device temperature registers between 23° C and 27° C.

() 6. After a blank reading of 0.000 is displayed and the standard value is displayed, depress F3.

() 7. When AS AZ display flashes "CAL", introduce standard for 7 seconds; depress the MANUAL button on the AS AZ at 5 seconds (while continuing to introduce the standard for another 2 seconds.)

() 8. Remove test record when printout is complete.

() 9. Run a calibration check on the Standard Calibration Check Procedure.

Test results: AC.

COMMENTS _____________________________________________________________________

_______________________________________________________________________________

SIGNATURE ____________________________________________________________________

DPS Form Exh H-4 (Rev 05-01)

History

New Exhibit H-4 made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. I-1 Operational Checklist Standard Operational Procedure, Arizona Department of Public Safety, Intoxilyzer Model 9000, Duplicate Breath Test

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History

Adopted by final rulemaking at 26 A.A.R. 723, effective 6/1/2020.

Ariz. Admin. Code tit. 13, ch. 10, art. 1, exh. I-2 Arizona Department of Public Safety, Intoxilyzer Model 9000, Periodic Maintenance, Standard Calibration Check and Standard Quality Assurance Procedure

Click here to view

History

Adopted by final rulemaking at 26 A.A.R. 723, effective 6/1/2020.

Chapter 1 Department of Public Safety Criminal Identification Section

Article 1 CRIMINAL HISTORY RECORDS

Ariz. Admin. Code § R13-1-101 Definitions

In addition to the definitions in A.R.S. §§ 41-1750 and 41-2201 and the incorporated by reference materials, the following definitions apply to this Chapter:

1. "ABIS" means the Arizona Biometrics Information System maintained by the Department that stores state-level arrest fingerprints and related biometric and criminal history information.

2. "ABIS Image Scanner" means the electronic scanning system that produces a digital image of a paper ink and roll arrest fingerprint record and transmits the image electronically.

3. "ABIS Livescan" means the electronic system that captures and transmits arrest information and fingerprints.

2.4. "ACJIS" means the Arizona Criminal Justice Information System, a statewide network housing various databases on persons and property in this state. The ACJIS network is maintained by the Department and is available to authorized local, state, and federal criminal justice agencies.

3.5. "ADRS" means the Arizona Disposition Reporting System, which is maintained by the Department and supports electronic submission of disposition information to the central state repository.

~~4. "ALETS" means the Arizona Law Enforcement Telecommunications System.~~

5.6. "Arizona Computerized Criminal History" means a criminal history record kept by the Department in a database of offenders arrested in this state.

6.7. "Arresting agency case number" means a unique combination of 15 numbers and letters used to identify a criminal justice agency's case number such as the Department case number, Department report number, or case report number. The first three characters are the ABIS-assigned alpha characters that identify the arresting agency.

~~7. "AZAFIS" means the Arizona Automated Fingerprint Identification System maintained by the Department that stores state-level arrest fingerprints and related information.~~

~~8. "AZAFIS Image Scanner" means the scanning system that scans and transmits ink and roll arrest fingerprint records.~~

~~9. "AZAFIS Livescan" means the electronic system that captures and transmits arrest information and fingerprints.~~

~~10.~~8. "CHRI" means Criminal History Record Information.

~~11.~~9. "Classifiable Fingerprints" means fingerprint impressions that meet the criteria of the FBI as contained in Form FD-258 dated 11-1-2020, U.S. Government Printing Office: 1110-0046, 10:20:56, incorporated by reference, available from the Department and the FBI (Attn: Logistical Support Unit (LSU), CJIS Division, 1000 Custer Hollow Road, Clarksburg, WV 26306). This incorporation contains no future editions or amendments.

~~12.~~10. "Date of arrest" means the date a person is taken into custody using the format as indicated in Exhibit A.

~~13.~~11. "Date of birth" means the subject's date of birth using the format as indicated in Exhibit A.

~~14.~~12. "Department" means the Arizona Department of Public Safety.

~~15.~~13. "Disposition date" is the date of final disposition of a charge.

~~16.~~14. "FBI" means the Federal Bureau of Investigation.

~~17. "Hot files" means records entered into ACJIS. These records include those regarding wanted persons and stolen vehicles.~~

~~18.~~15. "Juvenile fingerprinted" means identification signifying an individual is a juvenile under the age of 18 on an arrest fingerprint card if the juvenile is being remanded as an adult.

~~19.~~16. "Law Enforcement Agency" means a federal, tribal, municipal, county, or state agency with powers of arrest.

~~20.~~17. "LSI" means local subject identifier, a unique combination of 15 numbers and letters used by local law enforcement agencies to identify an individual. It is the local equivalent of a State Identification (SID) number. The first three characters are the ABIS-assigned alpha characters that identify the agency.

~~21.~~18. "NCIC" means the National Crime Information Center maintained by the FBI, a national repository of files on persons and property relating to a crime.

~~22. "NLETS" means the National Law Enforcement Telecommunications System, a message switching system for the interstate exchange of criminal justice information.~~

~~23. "Offender-based Tracking System" means a computer system database that indexes information from selected Arizona Criminal Justice Information System data files.~~

~~24.~~19. "Offense" means an offense listed in Arizona Revised Statutes or a municipal or county ordinance that is used to arrest an offender.

~~25.~~20. "Offense type" means a designation that indicates whether an offense is a felony or a misdemeanor.

~~26.~~21. "ORI" means a unique identifier assigned by the FBI to an agency.

~~27.~~22. "PCN" means Process Control Number.

~~28.~~23. "Personal identifiers" means a subject's sex, race, height, weight, hair color, and eye color.

~~29.~~24. "Place of birth" means the state or country in which a subject of record was born.

~~30.~~25. "State Identification Number (SID)" means an identification number that is assigned by the Department to an individual whose set of arrest fingerprints has been submitted to ABIS.

History

Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5477, effective October 31, 2003 (Supp. 03-4). Formerly Section R13-1-01; renumbered under A.R.S. § 41-1011(C) to comply with the numbering system prescribed by the Office of the Secretary of State (Supp. 03-4). New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 15 A.A.R. 273, effective March 7, 2009 (Supp. 09-1). Amended by final rulemaking at 28 A.A.R. 3425, effective 12/4/2022. Amended by final rulemaking at 30 A.A.R. 2077, effective 8/4/2024.

Ariz. Admin. Code § R13-1-102 Submission and Retention of Criminal Justice Information

A. The chief officer of a criminal justice agency in this state shall ensure that CHRI is submitted to the Department's Central State Repository as follows.

1. A law enforcement agency shall submit arrest fingerprints to the Department through the ABIS or through the mail to the Department, Biometrics Identification Unit, P.O. Box 6638, Mail Drop 3130, Phoenix, AZ 85005-6638.

2. A law enforcement agency shall comply with the requirements of the ABIS Operating Manual, Version 1.0, dated October 25, 2023 which is incorporated by reference and contains no future additions or amendments. The manual can be obtained from the Department's Biometrics Identification Unit at 2222 W. Encanto Blvd, Phoenix, AZ 85009 or (602) 2232041 or dpsident@azdps.gov.

~~a. Name of the person authorizing the correction or deletion;~~

~~b. Agency name, ORI, and telephone and fax numbers;~~

~~c. PCN;~~

~~d. SID;~~

~~e. Subject of record's name and date of birth;~~

~~f. Arresting agency case number;~~

~~g. Date of arrest; and~~

~~h. Correction or deletion needed.~~

3. Law enforcement agencies, prosecutor offices, and courts shall submit dispositions related to an arrest fingerprint to the Department's Central State Repository within 40 calendar days from the disposition date.

4. A court shall submit court orders that affect criminal history records to the Department's Central State Repository within 10 calendar days. The Department shall update the criminal history record based on the information received in the court order.

5. A county medical examiner shall provide to the Department's Central State Repository a full set of 10 inked and rolled fingerprints of a deceased person whose death is required to be investigated by the county medical examiner's office. The Department shall search the fingerprints to determine whether any criminal record is maintained and, if so, update the record to indicate notification of the death. The county medical examiner shall ensure that the complete fingerprint record submitted to the Department includes:

~~a. Deceased person's full name,~~

~~b. Date of birth, and~~

~~c. Personal identifiers.~~

B. The Department's Central State Repository shall retain a criminal history record until the subject of record reaches age 110 or one year after the Department receives notice of the subject of record's death.

History

Former rule 1. Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5477, effective October 31, 2003 (Supp. 03-4). Formerly Section R13-1-02; renumbered under A.R.S. § 41-1011(C) to comply with the numbering system prescribed by the Office of the Secretary of State (Supp. 03-4). New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 15 A.A.R. 273, effective March 7, 2009 (Supp. 09-1). Amended by final rulemaking at 30 A.A.R. 2077, effective 8/4/2024.

Ariz. Admin. Code § R13-1-103 Procedures for Law Enforcement Agencies and Prosecutors' Office to Forward Dispositions of Criminal Proceedings to the Central State Repository

A. A law enforcement agency and prosecutor office shall submit a completed Disposition Report form for crimes specified in A.R.S. § 41-1750(C) to the Department's Central State Repository as outlined in A.R.S. § 41-1750.

B. The law enforcement agency that prepares the Disposition Report form shall complete the information in blocks #1 through #16 on the Disposition Report form as shown in Exhibit A for the arrest charges filed by the agency.

1. The law enforcement agency that prepares the Disposition Report form shall forward the form to the appropriate prosecutor's office. If the arresting agency decides not to pursue criminal charges, the arresting agency shall complete blocks #1 through #16 and blocks #18, #25, and #26, and submit the completed form to the Department's Central State Repository.

2. The Department's Central State Repository shall update the criminal history record with the disposition report information.

C. The prosecutor's office shall verify the arrest charges listed on the Disposition Report form by the law enforcement agency. The prosecutor may amend the listed arrest charges by completing blocks #10, #13, #14, #15 and #17 on line "b" of the existing charge, if applicable and line "a" of the next available charge if applicable. The prosecutor's office shall reflect a decision to terminate prosecution on one or more of the arrest charges on the Disposition Report form by completing blocks #18, #24, #25 and #26 for all of the applicable charges.

1. For criminal charges filed with a court by the prosecutor, the prosecutor shall verify or complete information in blocks #10 through #16 and block #17, if applicable, on the Disposition Report form and forward the form to the appropriate court as required by Arizona Rule of Criminal Procedure Rule 37.2.

2. If the prosecutor decides not to file with the court on one or more of the arrest charges listed on the Disposition Report form, the prosecutor shall complete blocks #18, #25, and #26. The prosecutor shall forward the completed Disposition Report form to the Central State Repository and the prosecutor shall forward a copy of the form to the appropriate court, if one or more charges are being filed with the court. The Central State Repository shall update the criminal history record to indicate the disposition for arrest charges not filed by the prosecutor.

3. If the prosecutor enters into a Deferred Prosecution Agreement with the arrestee on one or more of the arrest charges listed on the Disposition Report form, the prosecutor shall complete blocks #18, #19, #20, #21, #22, #23, #24, #25 and #26. The prosecutor shall forward the completed Disposition Report form to the Central State Repository and the prosecutor shall forward the completed Disposition Report form to the appropriate court if one or more charges are being filed with the court. The Central State Repository shall update the criminal history record to indicate the disposition for arrest charges not filed by the prosecutor. Once the prosecution has closed the case with a final disposition on one or more of the arrest charges listed on the Disposition Report form, the prosecutor shall complete blocks #18, #25 and #26 with the updated disposition.

D. Submission of disposition information may be made by one of the following means:

1. By ADRS if the law enforcement agency or prosecutor office enforces quality control measures and follows the electronic disposition format provided by the Department;

2. By mail to the Department, Central State Repository Section, P.O. Box 6638, Mail Drop 3110, Phoenix, AZ 85005-6638; or

3. By email to AZ_CentralStateRepository@azdps.gov.

History

Former rule 2. Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5477, effective October 31, 2003 (Supp. 03-4). Formerly Section R13-1-03; renumbered under A.R.S. § 41-1011(C) to comply with the numbering system prescribed by the Office of the Secretary of State (Supp. 03-4). New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 30 A.A.R. 2077, effective 8/4/2024.

Ariz. Admin. Code § R13-1-104 Procedures for Juveniles Remanded As Adults and Procedures for the Department of Corrections to Forward Information Regarding Inmates to the Central State Repository

A. The Department maintains criminal history records in the Central State Repository for juveniles as the subject of record only if the juvenile is remanded to an adult court. If a criminal justice agency is processing a juvenile who is remanded to an adult court, the agency shall use the procedures in this Article to submit criminal history records to the Department's Central State Repository.

B. The Arizona Department of Corrections shall forward each week to the Department a computer tape that includes for each inmate within the prison system the inmate's full name, date of birth, sex, race, inmate number assigned by the agency, arrest information for which the inmate is serving time in prison, and custody status. The Department shall update computerized files of the Offender-based Tracking System and the Arizona Computerized Criminal History, when applicable.

History

Former rule 3. Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5477, effective October 31, 2003 (Supp. 03-4). Formerly Section R13-1-04; renumbered under A.R.S. § 41-1011(C) to comply with the numbering system prescribed by the Office of the Secretary of State (Supp. 03-4). New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2).

Ariz. Admin. Code § R13-1-105 Procedures for a Criminal Court to Forward Dispositions of Criminal Charges to the Central State Repository

A. A criminal court shall submit the disposition of all charges to the Central State Repository under Rule 37 of the Arizona Rules of Criminal Procedure.

B. The court shall verify the arrest charges listed on the Disposition Report form and complete the applicable blocks for each charge addressed by the court.

C. If there is more than one arrest charge listed on the Disposition Report form and any of the charges are being adjudicated by another court, the court shall photocopy the Disposition Report form and forward it to the other court.

D. The court shall complete and forward the disposition form to the Department's Central State Repository. The Department shall update the criminal history record with the disposition report information.

E. A criminal court shall use a Disposition Report supplemental form provided by the Department to report additional arrest charges and dispositions of the charges. The Disposition Report form is used to record the first three charges of an arrest event and the disposition of these charges. The Disposition Report supplemental form is used to record additional charges and the dispositions of those additional charges.

F. Agencies may submit disposition information electronically to the Department's Central State Repository instead of a paper form if the agency enforces quality control measures and follows the electronic disposition formats provided by the Department.

History

Former rule 4. Formerly Section R13-1-05; renumbered under A.R.S. § 41-1011(C) to comply with the numbering system prescribed by the Office of the Secretary of State (Supp. 03-4). Section repealed; new Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2).

Ariz. Admin. Code § R13-1-106 Arrest Fingerprint Record Submission

A. The chief officer of a criminal justice agency shall ensure that a completed arrest fingerprint record with classifiable fingerprints as prescribed by subsection (D) in a format prescribed by the Department is sent to the Department's Central State Repository within 10 calendar days from the date of fingerprinting using one of the following methods:

1. ABIS Livescan,

2. ABIS Image Scanner, or

3. Ink-and-roll paper arrest fingerprint card to the Department, Biometrics Identification Unit, P.O. Box 6638, Mail Drop 3130, Phoenix, AZ 85005-6638.

B. The chief officer of a criminal justice agency shall ensure that only one arrest fingerprint record is sent to the Department's Central State Repository for each arrest.

C. A criminal justice agency using the ink-and-roll method of fingerprinting shall obtain blank arrest fingerprint cards from the Federal Bureau of Investigation as referenced in R13-1-101(9).

D. A completed arrest fingerprint record contains the following information:

1. About the individual arrested:

a. Name;

b. Date of birth;

c. Personal identifiers;

d. Juvenile fingerprinted, if applicable; and

e. Place of birth;

2. Date of arrest;

3. ORI, and arresting agency's name and address;

4. Date of offense;

5. Local identification/reference:

a. LSI and arresting agency case number are required,

b. Local file number and agency tracking number are optional;

6. Citation information/charge description. Citation to the state, county, or municipal code allegedly violated and description of the charge, for example, A.R.S. § 13-1802, theft.

7. Offense type:

a. Designate a felony with a "F,"

b. Designate a misdemeanor with a "M";

8. Court ORI;

9. PCN;

10. Name or identification number of official taking fingerprints; and

Classifiable arrest fingerprints.

History

Former rule 5. Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5477, effective October 31, 2003 (Supp. 03-4). Formerly Section R13-1-06; renumbered under A.R.S. § 41-1011(C) to comply with the numbering system prescribed by the Office of the Secretary of State (Supp. 03-4). New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 15 A.A.R. 273, effective March 7, 2009 (Supp. 09-1). Amended by final rulemaking at 30 A.A.R. 2077, effective 8/4/2024.

Ariz. Admin. Code § R13-1-107 Procedures for Review and Accuracy and Completeness of Criminal History Records

A. The subject of record or the subject's attorney may request criminal history record information maintained by the Department for the sole purpose of reviewing the accuracy and completeness of the subject of record's criminal history record.

B. To obtain a copy of a criminal history record, the subject of record shall submit a completed paper Record Review Instruction Packet provided by the Department's Central State Repository Section at (602) 223-2222 to have the information mailed or emailed. Alternatively, the subject of record may obtain the information and submit electronically via the Department's Public Services Portal website at www.azdps.gov.

C. A completed Record Review Instruction Packet includes the following for the subject of record:

1. Full set of classifiable fingerprints taken by an official at any law enforcement agency, entity contracted by the Department, or entities contracted by a law enforcement agency in another state. If filing via the Public Services Portal website, the fingerprints shall be mailed to the Department according to the instructions in the packet.

2. Name,

3. Date of birth,

4. Personal identifiers,

5. Place of birth,

6. Social Security number,

7. Address of residence,

8. Date fingerprinted, and

9. Signature of the applicant. Or the subject's attorney if submitting pursuant to subsection (E).

D. The completed Record Review Instruction Packet shall be returned to the Department according to the mailing instructions in the packet or via the Public Services Portal website.

E. The subject of record's attorney may obtain the subject of record's criminal history record by providing a notarized letter of authorization from the subject of record with the completed paper Record Review Instruction Packet. The attorney may only submit via the paper, mail-in process due to the submission requirement of the original notarized letter. The Public Services Portal website option is not available to the attorney.

F. Within 15 business days of receipt of the completed Record Review Instruction Packet, the Department shall provide a response to the subject of record or the subject's attorney. The Department shall include in the response arrest and disposition information maintained by the Department on the subject of record and a Review and Challenge of Arizona Criminal History Record Information form that requests:

1. Subject of record's full name;

2. Signature of subject of record or signature of the attorney representing the subject of record when completing paper forms. If submitting electronically via the Public Service Portal website, when the subject of record accesses their account using multifactor authentication, the subject of record shall type their legal name for the signature in the designated location and check the forgery acknowledgment box;

3. Date of submission of the challenge;

Summary of the exceptions and reasons for the exceptions, specifying each arrest, and including:

a. Name of arresting agency,

b. Date of arrest,

c. Arrest number, and

d. Charge or charges;

5. Subject of record's mailing address and email address if available; and

6. Signature of the subject of record, verifying the summary of exceptions and reasons when completing paper forms. If submitting electronically via the Public Service Portal website, when the subject of record accesses their account using multifactor authentication, the subject of record shall type their legal name for the signature in the designated location and check the forgery acknowledgment box.

History

Former rule 6. Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5477, effective October 31, 2003 (Supp. 03-4). Formerly Section R13-1-07; renumbered under A.R.S. § 41-1011(C) to comply with the numbering system prescribed by the Office of the Secretary of State (Supp. 03-4). New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 30 A.A.R. 2077, effective 8/4/2024.

Ariz. Admin. Code § R13-1-108 Procedures for Challenging the Accuracy and Completeness of Criminal History Records

A. To challenge a criminal history record, the subject of record or the subject of record's attorney shall complete and return the Review and Challenge of Arizona Criminal History Record Information form referenced in R13-1-107(F) within 35 days of the date of the response referenced in R13-1-107(F).

B. The Department shall complete an audit of the challenged entries within 15 days of receipt of the form by:

1. Contacting the contributing agencies,

2. Verifying the information, and

3. Researching dispositions on any challenged entry.

C. If the Department determines that a correction to or deletion from the criminal history record is necessary, the Department shall modify the record and notify the Federal Bureau of Investigation.

D. Upon conclusion of the audit referenced in subsection (B), the Department shall send written notification of the audit result and a copy of any record modification to the subject of record or the subject of record's attorney.

E. The Department shall include in the notice of audit result referenced in subsection (D) a statement that the subject of record may request a hearing to determine the accuracy of the criminal history record. To request a hearing, the subject of record or the subject of record's attorney shall submit to the Department a written request within 35 days of the date of the notice of audit result referenced in subsection (D).

History

Former rule 7. Formerly Section R13-1-08; renumbered under A.R.S. § 41-1011(C) to comply with the numbering system prescribed by the Office of the Secretary of State (Supp. 03-4). Section repealed; new Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 15 A.A.R. 273, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R13-1-109 Hearing Procedures

A. Under A.R.S. § 41-2204(6), a hearing shall be conducted after receipt of a request for a hearing to determine the accuracy of information in a criminal history record maintained by the Central State Repository.

B. The Office of Administrative Hearing shall conduct a hearing to determine the accuracy of information in a criminal history record maintained by the Central State Repository in accordance with the procedures in A.R.S. Title 41, Chapter 6, Article 10 and the rules issued by the Office of Administrative Hearings.

C. Under A.R.S. § 41-1092.08, within 30 days after the Office of Administrative Hearings sends the administrative law judge's recommended decision to the Director, the Director shall review the recommended decision and may accept, modify, or reject it.

History

Former rule 8. Formerly Section R13-1-09; renumbered under A.R.S. § 41-1011(C) to comply with the numbering system prescribed by the Office of the Secretary of State (Supp. 03-4). Section repealed; new Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Former R13-1-109 renumbered to R13-1-111, new Section made by final rulemaking at 15 A.A.R. 273, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R13-1-110 Review or Rehearing of the Director's Decision

A. In accordance with A.R.S. § 41-1092.09, a party may file with the Department a motion for rehearing or review of a decision issued by the Director under R13-1-109.

B. A party may amend a motion for rehearing or review at any time before the Department rules on the motion.

C. The Department may grant a rehearing or review for any of the following reasons materially affecting a party's rights:

1. Irregularity in the proceedings or any order or abuse of discretion that deprived the moving party of a fair hearing;

2. Misconduct of the Director, Department staff, or an administrative law judge;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing;

5. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings; and

6. The findings of fact are not justified by the evidence or the decision is contrary to law.

D. The Department may affirm or modify a decision or grant a rehearing or review on all or some of the issues for any of the reasons listed in subsection (C). The Department shall specify with particularity the grounds for an order modifying a decision or granting a rehearing or review. If a rehearing or review is granted, the rehearing or review shall cover only the matters specified in the order.

E. Not later than 30 days after the date of a decision and after giving the parties notice and an opportunity to be heard, the Department may, on its own initiative, order a rehearing or review of the decision for any reason listed in subsection (C). The Department may grant a motion for rehearing or review, timely served, for a reason not stated in a motion.

F. When a motion for rehearing or review is based upon affidavits, they shall be served with the motion. An opposing party may, within 15 days after service of the motion, serve response affidavits. The Department may extend this period for a maximum of 20 days for good cause or by written stipulation of the parties. The Department may permit reply affidavits.

G. If, in a particular decision, the Director makes a specific finding that the immediate effectiveness of the decision is necessary for preservation of the public health, safety, or welfare and that a rehearing or review of the decision is impracticable, unnecessary, or contrary to the public interest, the decision shall be issued as a final decision without an opportunity for a rehearing or review.

History

New Section made by final rulemaking at 15 A.A.R. 273, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R13-1-111 Information Deemed Useful for the Study and Prevention of Crime or the Administration of Criminal Justice

A. An individual or agency that wishes to obtain criminal history records from the Central State Repository for the purpose of research, evaluative or statistical activities, the prevention of crime, or to provide services for the administration of criminal justice shall:

Provide a written or electronic request to the Department that specifies the purpose of the study, or how the records will be used to prevent crime or administer criminal justice; and

If the request is approved, sign a non-disclosure agreement that meets the requirements of A.R.S. § 41-1750(G)(9) and is prepared and provided by the Department.

B. The Department shall review the signed non-disclosure agreement and authorize the exchange of information in accordance with the agreement.

History

New Section R13-1-111 renumbered from R13-1-109 and amended by final rulemaking at 15 A.A.R. 273, effective March 7, 2009 (Supp. 09-1).

Article 2 ACJIS NETWORK

Ariz. Admin. Code § R13-1-201 ACJIS Security Measures

A. All criminal justice agencies that collect, store, disseminate, or access criminal justice information or criminal history record information from the ACJIS or NCIC shall comply with the policies, rules and regulations as outlined in the following publications that are incorporated by reference, available from the Department's Access Integrity Unit at 2222 W. Encanto Blvd., Phoenix, AZ 85009, the Federal Bureau of Investigation at 1000 Custer Hollow Road, Clarksburg, WV 26306 and the U.S. Government Publishing Office www.govinfo.gov and include no future editions or amendments:

1. ACJIS Operating Manual, dated September 2021;

FBI Criminal Justice Information System Security Policy, dated December 7, 2022;

3. FBI NCIC Operating Manual, dated January 20, 2023;

4. FBI Interstate Identification Index/National Fingerprint File Manual, dated March 2017; and,

5. 28 Code of Federal Regulations Part 20, dated July 1, 2020.

B. A criminal justice agency accessing the ACJIS network shall meet the following security guidelines:

1. Access and dissemination of information from the ACJIS network is limited to criminal justice agencies for the administration of criminal justice or for criminal justice employment.

2. An agency that enters records into the ACJIS network is responsible for the accuracy, timeliness, and completeness of the record entries.

3. An agency shall have an ACJIS misuse policy that outlines the sanctions imposed on agency personnel who misuse ACJIS.

4. An agency shall ensure that agency equipment connected to the ACJIS network is fully compatible with existing ACJIS computer equipment and upgraded as necessary to remain compatible with ACJIS configurations and architecture.

5. An agency shall ensure that agency personnel maintain appropriate operator certification levels as specified in the ACJIS Operating Manual.

C. A criminal justice agency that interfaces its record management system with the ACJIS network shall meet the following interface standards and security requirements as set by the Department:

1. Provide to the Department a complete and accurate schematic depicting the agency network and hardware configuration;

2. Ensure there are security controls to prevent unauthorized access to ACJIS information;

3. Follow user identification and password configurations specified by the Department;

4. Establish a process to review system logs and store the logs for one year; and

5. Support policy compliance and ensure the Department Information Security Officer is promptly informed of security incidents.

D. The Department shall provide criminal justice agencies with information received from the FBI that the Department determines is necessary to comply with this Section.

History

New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 28 A.A.R. 3425, effective 12/4/2022. Amended by final rulemaking at 30 A.A.R. 2077, effective 8/4/2024.

Ariz. Admin. Code § R13-1-202 [Repealed]

History

New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Repealed by final rulemaking at 28 A.A.R. 3425, effective 12/4/2022.

Ariz. Admin. Code § R13-1-203 [Repealed]

History

New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Repealed by final rulemaking at 28 A.A.R. 3425, effective 12/4/2022.

Ariz. Admin. Code § R13-1-204 [Repealed]

History

New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Repealed by final rulemaking at 28 A.A.R. 3425, effective 12/4/2022.

Article 3 ARIZONA CRIME STATISTICS

Ariz. Admin. Code § R13-1-301 Submittal of Uniform Crime Statistics

A. A law enforcement agency shall submit hate uniform crime information to include crimes that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender or disability and the Department as outlined in the following publications that are incorporated by reference, available from the Department's Access Integrity Unit at 2222 W. Encanto Blvd., Phoenix, AZ 85009 and the FBI at 1000 Custer Hollow Road, Clarksburg, WV 26306, and include no future editions or amendments:

1. Arizona National Incident-Based Reporting System Technical Specifications, dated March 2020.

2. FBI 2021.1 National Incident-Based Reporting System User Manual, dated April 2021.

~~a. Uniform Crime Reporting Handbook, NIBRS Edition, dated 1992;~~

~~b. Volume 1 - Data Collection Guidelines, dated August 2000;~~

~~c. Volume 2 - Data Submission Specifications, dated May 1992;~~

~~d. NIBRS Addendum for Submitting LEOKA data, dated October 2002; and~~

~~e. Volume 4 - Error Message Manual, dated December 1999.~~

3. FBI 2019.2.1 National Incident-Based Reporting System Technical Specifications, dated June 2020.

B. The Department shall provide law enforcement agencies with information contained in the FBI's Uniform Crime Reporting State Program Bulletins and any other directives the Department determines is necessary to comply with this Section.

History

New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 28 A.A.R. 3425, effective 12/4/2022.

Ariz. Admin. Code § R13-1-302 [Repealed]

History

New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Repealed by final rulemaking at 28 A.A.R. 3425, effective 12/4/2022.

Article 4 APPLICANT FINGERPRINT PROCESSING

Ariz. Admin. Code § R13-1-401 Non-criminal Justice Fingerprint Processing Charges

A. For an applicant for non-criminal justice employment, fingerprint processing charges are:

1. For a state criminal records check, $5; and

2. If a federal criminal record check by the FBI is requested by the applicant, the Department shall collect an additional charge to cover the cost billed to the Department by the FBI for the federal criminal records check.

B. For a state criminal records check, an individual or government agency shall submit payment by:

1. Credit card;

2. Cashier's check;

3. Money order;

4. For government agencies a transfer of funds through the State's accounting system; or

5. Check drawn on a government agency account.

6. ~~For Department sections submitting applicant fingerprint cards, via a Department funds transmittal form.~~

C. All charges are non-refundable.

History

New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 25 A.A.R. 3558, effective 1/18/2020.

Ariz. Admin. Code § R13-1-402 Refusal of Service

A. If any form of payment is not accepted by the Department's banking facility, the Department shall send the state agency, company, or individual that submitted the payment a notice of nonpayment.

B. The notice of nonpayment informs the state agency, company, or individual that the Department will not accept non-criminal justice fingerprint submissions from the agency, company, or individual until past due payment is made.

C. At the Department's discretion, the Department may require the delinquent party to submit all future payments in the form of a cashier's check, credit card or money order.

History

New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 25 A.A.R. 3558, effective 1/18/2020.

Article 5 [REPEALED]

Ariz. Admin. Code § R13-1-501 [Repealed]

History

New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Repealed by final expedited rulemaking at 25 A.A.R. 1444, effective 5/21/2019.

Ariz. Admin. Code § R13-1-502 [Repealed]

History

New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 23 A.A.R. 3546, effective 2/10/2018. Repealed by final expedited rulemaking at 25 A.A.R. 1444, effective 5/21/2019.

Ariz. Admin. Code § R13-1-503 [Repealed]

History

New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Repealed by final expedited rulemaking at 25 A.A.R. 1444, effective 5/21/2019.

Ariz. Admin. Code § R13-1-504 [Repealed]

History

New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2). Amended by final rulemaking at 23 A.A.R. 3546, effective 2/10/2018. Repealed by final expedited rulemaking at 25 A.A.R. 1444, effective 5/21/2019.

Chapter 2 Department of Public Safety - Private Investigators

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R13-2-01 [REPEALED]

History

Former rule 1. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-02 [REPEALED]

History

Former rule 2. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-03 [REPEALED]

History

Former rule 3. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-04 [REPEALED]

History

Former rule 4. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-05 [REPEALED]

History

Former rule 5. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-06 [REPEALED]

History

Former rule 6. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-07 [REPEALED]

History

Former rule 7. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-08 [REPEALED]

History

Former rule 8. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-09 [REPEALED]

History

Former rule 9. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-10 [REPEALED]

History

Former rule 10. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-11 [REPEALED]

History

Former rule 11. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-12 [REPEALED]

History

Former rule 12. Section repealed by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-101 Definitions

In addition to the definitions in A.R.S. § 32-2401, the following definitions apply to this Chapter:

1. "Branch office certificate" means a document issued by the Department to the qualifying party, authorizing the qualifying party to conduct the business of private investigations in this state at a location other than the principal place of business shown on the agency license.

2. "Classifiable fingerprints" means fingerprint impressions that meet the criteria of the Federal Bureau of Investigation (FBI) as contained in Form FD-258 (5-15-17): U.S. Government Printing Office: 1110-0046, incorporated by reference, available from the Department and the FBI (Attn: Logistical Support Unit (LSU), CJIS Division, 1000 Custer Hollow Road, Clarksburg, WV 26306). This incorporation contains no future editions or amendments.

3. "Corporation" or "domestic corporation" has the same meaning as in A.R.S. § 10-140.

4. "Delinquent" means an application is submitted after the license expiration date but before the expiration grace period as described in A.R.S. § 32-2407(B).

5. "Foreign corporation" means a corporation for profit that is incorporated under a law other than the law of Arizona.

6. "Limited liability corporation" has the same meaning as corporation.

7. "Partnership" is an association of two or more persons who are co-owners of a business for profit organized in accordance with A.R.S. Title 29, Partnerships.

8. "Probation" means a period during which an agency or individual that has violated A.R.S. Title 32 Chapter 24 is allowed to demonstrate the ability to meet licensure requirements before the Department takes another administrative action, such as suspension or revocation.

9. "Sole proprietor" means the only owner of a business operated for profit.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-102 Application and Processing Fees

A. The application and processing fees are:

Original agency license application, $250;

2. Agency license, $400;

3. Application for renewal of an agency license, $250;

4. Agency restructure, $100;

5. Agency delinquent renewal application, $100;

6. Reinstatement of agency license, $250;

7. Associate or employee registration certificate application, $50;

8. Associate or employee registration certificate renewal, $50;

Associate or employee registration delinquency, $10;

10. Associate or employee registration reinstatement, $25;

11. Replacement identification card, $10;

Additional employer form, $10; and

13. Fingerprint and digital photo fee (optional), $15.

B. In addition to any fees in subsections (A)(1), (A)(3), (A)(7), (A)(8), and (A)(12) the Department shall collect a fee in an amount necessary to cover the cost of noncriminal justice fingerprint processing for criminal history record checks under A.R.S. § 41-1750(J).

C. A person shall pay a fee by cash, cashier's check, certified check, credit card or money order made payable to the Arizona Department of Public Safety. All fees are non-refundable except if A.R.S. § 41-1077 applies.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-103 Application Forms

A. The Department shall provide and an applicant shall use application forms for:

1. Agency license application;

2. Agency license renewal;

3. Employee registration certificate application; and

4. Employee or associate registration renewal application.

B. Application forms may be obtained in person at the Phoenix Licensing Unit office 2222 W. Encanto Blvd., Phoenix, AZ 85009, by mail request to Arizona DPS Licensing Unit POB 6638, Mail Drop 3140, Phoenix, AZ 85005-6638, the Department's website www.azdps.gov, or by telephone (602) 223-2361. An applicant may duplicate application forms.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-104 Identification Cards

~~A. The Department shall provide a qualified applicant with an identification card for an:~~

~~1. Agency license,~~

~~2. Associate registration certificate, or~~

~~3. Employee registration certificate.~~

B.A. The Department shall include on the identification card the applicant's:

~~1. Name,~~

~~2. Photograph,~~

~~3. Physical description,~~

4.1. Date of birth, and

~~5. Registration certificate number,~~

6. 2. Employer's agency name and license number.

~~7. Card's expiration date.~~

C.B. A licensee or certificate holder shall not assign or transfer an identification card. An identification card is valid only during the effective dates of the license or certificate under which the card has been issued, and for only as long as the card holder is employed by or associated with the agency licensee.

D.C. A licensee or certificate holder shall not display a badge or shield in conjunction with performing the duties of a private investigator.

E.D. An employee employed by more than one licensee shall obtain an identification card for each license under which the employee is employed.

F. Upon termination of employment with an agency licensee, the employee shall surrender the employee's identification card to the agency's qualifying party or designee. The agency's qualifying party shall send the identification card to the Department within five business days of the employee surrendering the license. If the employee fails to surrender the card to the qualifying party, the qualifying party shall notify the Department, in writing, within five business days of the employee's termination of employment.

G.E. If an identification card is lost or stolen, the holder of the card shall notify the Department immediately in writing by mail request to Arizona DPS Licensing Unit, POB 6638, Mail Drop 3140, Phoenix, AZ 85005-6638 or the Department's website www.azdps.gov. The Department shall issue a duplicate identification card upon submission of the required fee.

H.F. The Department shall not approve a fictitious name for use on an identification card.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-105 Time-frames for Making Licensing and Registration Determinations

A. The Department shall make a determination on the issuance, renewal, reinstatement, or restructure of an agency license, associate or employee registration certificate, or branch office certificate within 15 business days of the submission of an application, as follows:

Five days for administrative completeness review, and

2. Ten days for substantive review.

B. The administrative completeness review time-frame, as described in A.R.S. § 41-1072(1) and listed in subsection (A)(1), begins on the date the Department receives an application.

1. If the application is not administratively complete when received, the Department shall send a notice of deficiency to the applicant. The deficiency notice shall state the documents and information needed to complete the application.

2. Within 45 days from the date of the deficiency notice, the applicant shall submit to the Department the missing documents and information. The time-frame for the Department to finish the administrative completeness review is suspended from the date of the deficiency notice until the date the Department receives the missing documents and information.

3. If the applicant fails to provide the missing documents and information within the time provided, the Department shall close the applicant's file, and the Department considers the application suspended. The Department shall not take further action until the required documentation or information and, if applicable, reinstatement fees are received.

C. The substantive review time-frame, as described in A.R.S. § 41-1072(3) and listed in subsection (A)(2), begins on the date the Department determines an application is administratively complete.

1. During the substantive review time-frame, the Department may make one comprehensive written request for additional information. The Department and applicant may mutually agree in writing to allow the Department to submit supplemental requests for additional information.

2. The applicant shall submit to the Department the additional information to complete the application within 45 days from the date of the Department's request. The time-frame for the Department to complete the substantive review of the application is suspended from the date of the request for additional information until the Department receives the additional information.

3. Unless the Department and applicant by mutual written agreement extend the 45-day period, the Department shall close the file of an applicant who fails to submit the additional information within 45 days. An applicant whose file is closed and who wants to be licensed or certified shall apply again under R13-2-202 or R13-2-302.

4. When the substantive review is complete, the Department shall inform the applicant in writing of its decision whether to license or register the applicant.

a. The Department shall deny a license or registration if it determines that the applicant does not meet all substantive criteria required by statute and rule. An applicant who is denied certification may appeal the Department's decision under A.R.S. § 41-1092 et seq.

b. The Department shall grant a license or registration if it determines that the applicant meets all substantive criteria for licensure or certification required by statute and rule.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Article 2 AGENCY LICENSES

Ariz. Admin. Code § R13-2-201 [Repealed]

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3). Repealed by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-202 Submission of Application for an Agency License

A. Applications for an agency license may be presented in person at the Arizona Department of Public Safety Licensing office in at 2222 W. Encanto Blvd., Phoenix, AZ 85009, or by mail to Arizona DPS Licensing Unit POB 6638, MD3140, Phoenix, AZ 85005-6638 or the Department's website www.azdps.gov. A qualifying party submitting an application shall ensure that the application consists of:

1. A complete application form with the information required under A.R.S. § § 32-2422 and 32-2423;

2. Properly completed fingerprint card with classifiable fingerprints of the qualifying party;

3. Fees prescribed in R13-2-102 ;

4. Legible copy of a government-issued photo identification document for the qualifying party, such as a state identification card or motor vehicle driver license;

5. Two color photographs of the qualifying party suitable for use in making an identification card, such as passport photos or 1" x 1 1/4" facial photos;

~~6. Exact details as to the character and nature of the qualifying party's required experience under A.R.S. § 32-2422 .~~

7.6. If other than a sole proprietorship:

a. Partnership agreement, articles of organization, or articles of incorporation;

b. Applications for associate registration certificates under R13-2-302 completed by all officers, members, managers, and directors of the agency;

8.7. If a foreign corporation, evidence of Arizona Corporation Commission approval to transact business in Arizona;

9.8. The name under which the agency will do business. The Department shall not issue a license to a corporation or limited liability corporation using a DBA unless registered with the Arizona Secretary of State's Office for approval of the trade name and the agency submits a copy of the registration to the Department.

B. Sole proprietorships and partnerships may, but are not required to, register trade names.

C. If applicable equipment and personnel are available, and if the applicant makes a request, the Department personnel shall take an applicant's photographs and fingerprints upon submission of the application and payment of appropriate fees as listed in R13-2-102.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-203 Issuance of Agency License

A. The application is considered complete when the applicant satisfies the following:

1. Pay applicable license fees;

2. Provide a complete and accurate two-year surety bond; and

3. For those agencies that will have employees, provide a certificate of worker's compensation insurance.

~~B. If the applicant does not provide the required information within 90 days, the Department shall deny the application and all fees shall be forfeited.~~

C.B. An applicant for an agency license or renewal may request to pick up the license at the Department's office in Phoenix. If no request is made, the Department shall send the license to the mailing address of the applicant.

D. The issue date on the license is the date the two-year surety bond starts, which is not to be earlier than the Department's date of notification.

E.C. The licensee shall post the license in a conspicuous place in the principal business office.

~~F. A licensee shall not assign or transfer the license.~~

~~G. A licensee shall notify the Department in writing within 15 business days of any change of address of the principal office.~~

H.D. If a licensee wishes to surrender the license before the expiration date, the Department shall not refund the license fee or any part of the license fee.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-204 Agency License Renewal

A. A qualifying party may submit a renewal application to the Department up to 60 days before the expiration date on the agency license.

B. The qualifying party shall provide, with the renewal application, the information required under R13-2-202 for the renewal of registration certificates for all associates or employees of the agency.

C. If an agency license is not renewed before the expiration date, the qualifying party shall ensure that all identification cards with the elapsed agency license number are returned to the Department within five business days of the date the license expires.

D. The Department shall not renew an agency license if the application is filed more than 90 days after the expiration date. If more than 90 days have elapsed, the qualifying party who wishes to resume investigative work as a licensee shall reapply under R13-2-202 .

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-205 Branch Office Certificate

A. An agency licensee shall obtain a branch office certificate for any place of business other than the principal place of business by request to the Department in writing.

B.A. The branch office certificate contains the name, agency license number, license expiration date, and address of the branch office.

C.B. A branch office certificate expires on the date the agency license expires and is renewed when the agency license is renewed.

~~D. A licensee shall post a branch office certificate in a conspicuous place in the branch office.~~

~~E. An agency shall notify the Department in writing within 15 business days of any address change for the branch office.~~

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-206 Change of Qualifying Party

A. If a qualifying party leaves an agency, the agency shall cease operations.

B. If the agency desires to resume operations, a qualifying party shall submit an application for a new agency.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-207 Restructure of an Agency

~~A. A restructure of an agency occurs when there is a change in business legal status.~~

B.A. If the restructure occurs at the time of renewal, the Department shall waive the restructure fee.

C.B. If the restructure occurs at any time other than time of renewal, the agency shall pay the restructure fee. An application for restructure shall be submitted for the qualifying party and any new associates.

D.C. To change a sole proprietorship to a partnership, the applicant shall provide a partnership agreement with notarized signatures of the partners.

E.D. To change a corporation to a partnership, the applicant shall provide documentation of the dissolving of the corporation and a partnership agreement with notarized signatures of the partners.

F.E. To change a sole proprietorship or partnership to a corporation the applicant shall provide the Articles of Incorporation bearing the approval stamp of the Arizona Corporation Commission. If the change is to a foreign corporation, the applicant shall submit documentation of Arizona Corporation Commission approval for the foreign corporation to transact business in Arizona.

G.F. To change a partnership to a sole proprietorship, the applicant shall provide documentation of the dissolving of the partnership.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-208 Business and Employee Names

A. The Department shall not grant a license to an agency with a name that includes "United States," "U.S.," "Federal," or "State of Arizona," or a name that associates the business with any governmental or law enforcement agency. The Department shall not grant a license to an individual or partnership that has a name with the word "corporation," "corp.," "incorporated," "Inc.," or "L.L.C." unless corporate or limited liability corporation papers have been filed with the Corporation Commission. The Department shall not approve a new business name that is similar to a business name of a currently licensed firm.

B. An agency licensee and the licensee's associates and employees shall do business and present themselves under the name used on the licensee's application and the associate's or employee's identification card.

C.B. An agency licensee shall do all business under the name and address that is on file with the Department and noted on the license. The licensee shall include its name and license number on all letterhead and business cards, advertising, contracts entered into with clients, and agency correspondence.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Article 3 REGISTRATION CERTIFICATES

Ariz. Admin. Code § R13-2-301 [Repealed]

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Repealed by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-302 Application for Registration Certificate

A. Applications for associate and employee registration certificates may be presented in person at the Department's licensing office 2222 W. Encanto Blvd., Phoenix, AZ 85009, by mail to the Phoenix office POB 6638, MD3140, Phoenix, AZ 85005-6638 or the Department's website www.azdps.gov.

B. The applicant's employer shall verify all information provided by the applicant and verify proof of U.S citizenship or legal resident status with authorization to seek employment. After verification, the employer or the applicant may submit an application.

C. In addition to providing documentation of the requirements of A.R.S. § 32-2442, the employer shall ensure that each application includes:

1. A properly completed application form,

2. Two color photographs suitable for use in making an identification card such as passport photos or 1" x 1 1/4" facial photos, and

3. One properly completed fingerprint card with classifiable fingerprints.

D. If applicable equipment and personnel are available, and if the applicant makes a request, the Department personnel shall take an applicant's photographs and fingerprints upon submission of the application and payment of appropriate fees.

E. An associate or employee registrant shall conduct business and be identified under the name used on the application and the registration certificate. The Department shall not approve a fictitious name for use on an associate or employer registration certificate.

F. If an applicant is employed by more than one agency, the applicant shall submit an application with the words "Additional Employer" written across the top of the application, submit the fee, and meet the requirements of this Section. If the applicant has submitted a fingerprint card to the Department within less than 365 days, no fingerprint card is required for the Additional Employer application. If the applicant has not submitted a fingerprint card within less than 365 days, the applicant shall submit a new fingerprint card with the application. A licensee or registrant shall provide a new fingerprint card at least every two years.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-303 Expired

A. An associate or employee registration certificate expires on the date specified on the registration certificate. The agency licensee shall submit an associate or employee registration renewal application to the Department licensing unit up to 60 days before the expiration date.

B. The Department shall not renew a certificate unless the application is complete and contains the information required under R13-2-302.

C. When applicable equipment and personnel are available, the applicant's photographs and fingerprints may be taken at the Department of Public Safety upon submission of the application and payment of appropriate fees.

D. The Department shall not renew an associate or employee registration unless it is part of an agency license renewal application.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Section expired under A.R.S. § 41-1056(J) at 31 A.A.R. 1283, effective 4/1/2025.

Ariz. Admin. Code § R13-2-304 Lost or Stolen Registration Certificate or Identification Card

If a registration certificate or identification card is lost or stolen, the registrant shall notify the Department immediately by mail to the Arizona DPS Licensing Unit, POB 6638, MD3140, Phoenix, AZ 85005-6638, the Department's website www.azdps.gov or by telephone (602) 223-2361 and request a new registration certificate or identification card, provide a photo for the identification card as specified in R13-2-202(A)(5) and pay the fee for a replacement card.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-305 Change of Address

A registrant who changes address shall notify the Department in writing within 30 days of the change of address.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-306 Change in Name of Registrant

A registrant whose name has changed shall notify the Department in writing within 30 days of the name change and may request a new identification card. The registrant may mail the notification to the Arizona DPS Licensing Unit, POB 6638, MD3140, Phoenix, AZ 850056638 or submit the notification through the Department's website www.azdps.gov. If the registrant comes to the Department in person at 2222 W. Encanto Blvd., Phoenix, AZ 85009, the registrant shall present to the Department a government-issued photo identification card with the new name or court documents recording the name change and the fees. If the registrant sends a request by mail or Internet, the registrant shall provide the Department certified, notarized copies of any court documents with a photo for the identification card as specified in R13-2-202(A)(5) and the applicable fee.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Article 4 REGULATION

Ariz. Admin. Code § R13-2-401 Denial of Agency License or Registration Certificate

A. The Department shall notify the applicant of the reason for the denial by mail to the address listed on file at the Department. The Department shall include in the notification a statement advising the applicant that if the applicant contests denial, the applicant may do so by requesting a hearing with the Private Investigator and Security Guard Hearing Board.

~~B. When the Department receives a request for a hearing:~~

~~1. The applicant will be notified of the date and the time of the hearing;~~

~~2. The Department shall set the date for hearing at least 30 days after the date of the notification letter;~~

3.B. The applicant may request an informal settlement conference under A.R.S. § A.R.S. § 41-1092.06;

~~4. The hearing will be held before the Private Investigator and Security Guard Hearing Board;~~

~~5. If the applicant does not appear at the hearing, the hearing may be held in the applicant's absence, and the applicant shall be notified by certified mail of the hearing findings; and~~

~~6. The hearing board shall prepare recommendations for the Director. The Director may adopt the recommendations in their entirety, modify them, or may decide the case upon the record.~~

~~C. A denied applicant may reapply no earlier than six months from the date of denial.~~

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-402 [Repealed]

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Ariz. Admin. Code § R13-2-403 Employee and Business Records

Each licensee shall maintain, at the licensee's principal place of business, a file or record of the name, physical address, title, employment date, and date of termination of each partner, director, business associate, officer, manager, member, and employee for at least five years from the date of termination. The licensee shall make these files and records available for inspection by any peace officer, licensing personnel of the Department's licensing section, or other designated representative of the Department. The licensee shall submit copies of these records and any information pertaining to the records to the Department's licensing section upon request of the Department.

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-2-404 Complaints

A. A person may make a written complaint against an entity or person regulated under this Chapter by filing the complaint with the Department. The Department may forward a copy of the complaint to the entity or person against whom the complaint has been lodged.

B. At the conclusion of the investigation, the Department shall forward a copy of the complaint, upon request, to the entity or person against whom the complaint has been lodged.

~~C. When an investigation is concluded, the Director may take an action listed in A.R.S. § 32-2457 .~~

History

New Section made by final rulemaking at 10 A.A.R. 5190, effective February 5, 2005 (Supp. 04-4). Amended by final expedited rulemaking at 28 A.A.R. 1976, effective 7/15/2022.

Chapter 3 Department of Public Safety - Tow Trucks

Article 1 REPEALED AND EXPIRED

Ariz. Admin. Code § R13-3-101 Repealed and Expired

History

Former rules 2.0 - 2.08; Former Section R13-3-01 repealed, former Section R13-3-02 renumbered and amended as Section R13-3-101 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Article 2 REPEALED AND EXPIRED

Ariz. Admin. Code § R13-3-201 Repealed and Expired

History

Former rule 3.0; Former Section R13-3-11 renumbered and amended as Section R13-3-201 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-202 Repealed and Expired

History

Former rules 3.01 - 3.01.03; Former Section R13-3-12 renumbered and amended as Section R13-3-202 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-203 Repealed and Expired

History

Former rules 3.02 - 3.02.05; Former Section R13-3-13 renumbered and amended as Section R13-3-203 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Amended by final rulemaking at 14 A.A.R. 713, effective April 5, 2008 (Supp. 08-1). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-204 Repealed and Expired

History

Former rules 3.02.06 - 3.02.10; Former Section R13-3-14 renumbered and amended as Section R13-3-204 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Article 3 REPEALED AND EXPIRED

Ariz. Admin. Code § R13-3-301 Repealed and Expired

History

Former rules 4.0 - 4.02; Former Section R13-3-21 renumbered and amended as Section R13-3-301 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-302 Repealed and Expired

History

Former rule 5.0; Former Section R13-3-22 renumbered without change as Section R13-3-302 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-303 Repealed and Expired

History

Former rules 6.0 - 6.02; Former Section R13-3-23 renumbered and amended as Section R13-3-303 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-304 Repealed and Expired

History

Former rules 7.0 - 7.03; Former Section R13-3-24 renumbered and amended as Section R13-3-304 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-305 Repealed and Expired

History

Former rules 8.0 - 8.04; Correction, subsection C. Paragraph 4. not included in original publication (Supp. 77-1). Former Section R13-3-25 renumbered and amended as Section R13-3-305 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-306 Repealed and Expired

History

Former rules 9.0 - 9.05.03; Correction, subsection (C)(3) and (4) not included in original publication (Supp. 77-1). Former Section R13-3-26 renumbered and amended as Section R13-3-306 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-307 Repealed and Expired

History

Former rules 10.0 - 10.04; Former Section R13-3-27 renumbered and amended as Section R13-3-307 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-308 Repealed and Expired

History

Former rules 11.0 - 11.06; Former Section R13-3-28 renumbered as Section R13-3-308 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Article 4 REPEALED AND EXPIRED

Ariz. Admin. Code § R13-3-401 Repealed and Expired

History

Former rules 12.0 - 12.17.02.02; Former Section R13-3-35 renumbered and amended as Section R13-3-401 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-402 Repealed and Expired

History

Former rule 12.18; Former Section R13-3-36 renumbered and amended as Section R13-3-402 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Article 5 REPEALED AND EXPIRED

Ariz. Admin. Code § R13-3-501 Repealed and Expired

History

Former rules 13.0 - 13.05; Former Section R13-3-40 renumbered and amended as Section R13-3-501 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Article 6 REPEALED AND EXPIRED

Ariz. Admin. Code § R13-3-601 Repealed and Expired

History

Former rules 14.0 - 14.02; Former Section R13-3-45 renumbered and amended as Section R13-3-601 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-602 Repealed and Expired

History

Former rules 15.0 - 15.01; Former Section R13-3-46 renumbered and amended as Section R13-3-602 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-603 Repealed and Expired

History

Former rules 16.0 - 16.01.05; Former Section R13-3-47 renumbered and amended as Section R13-3-603 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Ariz. Admin. Code § R13-3-604 Repealed and Expired

History

Former rules 17.0 - 17.08; Former Section R13-3-48 renumbered and amended as Section R13-3-604 effective September 26, 1985 (Supp. 85-5). Amended by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Section automatically repealed; expired by G.R.R.C. under A.R.S. § 41-1056(E) at 16 A.A.R. 1175, both effective June 1, 2010 (Supp. 10-2).

Article 7 DEFINITIONS, SCOPE, AND ENFORCEMENT DATES

Ariz. Admin. Code § R13-3-701 Definitions

A. The definitions in A.R.S. §§ 28-101 and 41-1701 apply to this Chapter.

B. In this Chapter:

1. "Alter" means adding, modifying, or removing any equipment or component after a tow truck has received a permit decal from the Department, in a manner that may affect the operation of the tow truck, compliance with A.R.S. § 28-1108 and this Chapter, or the health, safety, or welfare of any individual.

2. "Bed assembly" means the part of a tow truck that is located behind the cab, is attached to the frame, and is used to mount a boom assembly, hoist, winch, or equipment for transporting vehicles.

3. "Boom assembly" means a device, consisting of sheaves, one or more winches, and wire rope, that is attached to a tow truck and used to lift or tow another vehicle.

4. "Collision" means an incident involving one or more moving vehicles resulting in damage to a vehicle or its load that requires the completion of a written report of accident under A.R.S. § 28-667(A).

5. "Collision recovery" means initial towing or removing a vehicle involved in a collision from the collision scene.

6. "Denial" means refusal to satisfy a request.

7. "Department" means the Arizona Department of Public Safety.

8. "Director" means the Director of the Arizona Department of Public Safety or the Director's designee.

9. "Emergency brake" means the electrical, mechanical, hydraulic, or air brake components used to slow or stop a vehicle after a failure of the service brake system.

10. "Flatbed" means an open platform that is located behind the cab and attached to the frame of a truck.

11. "G.V.W.R." means Gross Vehicle Weight Rating, the value specified by the manufacturer as the fully assembled weight of a single motor vehicle.

"Hook" means a steel hook attached to an end of a wire rope or chain.

13. "Parking brake system" means the electrical, mechanical, hydraulic, or air brake components used to hold the tow truck or combination under any condition of loading to prevent movement when parked.

14. "Permit decal" means the non-transferable decal that a tow truck company is required to obtain from the Department before operating a tow truck for the purpose of towing a vehicle.

15. "Person" means the same as in A.R.S. § 1-215.

16. "Power-assisted service brake system" means a service-brake system that is equipped with a booster to supply additional power to the service-brake system by means of air, vacuum, electric, or hydraulic pressure.

"Power-operated winch" means a winch that is operated by electrical, mechanical, or hydraulic power.

"Service-brake system" means the electrical, mechanical, hydraulic, or air brake components used to slow or stop a vehicle in motion.

19. "Snatch block" means a metal case that encloses one or more pulleys and can be opened to receive a wire rope and redirect energy from a winch.

"State" means the state of Arizona.

21. "Steering wheel clamp" means a device used to secure in a fixed position the steering wheel of a vehicle being towed.

22. "Suspension" is the temporary withdrawal of the tow truck permit decal because the Department determines the tow truck or tow truck agent is not in compliance with one or more requirements of this Chapter.

23. "Tow bar" means a device attached to the rear of a tow truck to secure a towed vehicle to the tow truck by chains, straps, or hooks.

24. "Tow plate" means a solid metal support attached to the rear of a tow truck to secure a towed vehicle to the tow truck by chains, straps, or hooks.

25. "Tow sling" means two or more flexible straps attached to the wire rope or boom assembly of a tow truck to hoist a towed vehicle by chains, straps, or hooks.

26. "Tow truck" means a motor vehicle designed, manufactured, or altered to tow or transport one or more vehicles. The following are tow trucks:

a. A truck with a flatbed equipped with a winch;

b. A truck drawing a semi-trailer or trailer equipped with a winch;

c. A motor vehicle that has a boom assembly or hoist permanently attached to its bed or frame;

d. A motor vehicle that has a tow sling, tow plate, tow bar, under-lift, or wheel-lift attached to the rear of the vehicle; and

e. A truck-tractor drawing a semi-trailer equipped with a winch.

27. "Tow truck agent" means an individual who operates a tow truck on behalf of a tow truck company, and includes owners, individuals employed by the tow truck company, and independent contractors.

28. "Tow truck company" means a person that owns, leases, or operates a tow truck that travels on a street or highway to transport a vehicle, including, but not limited to a vehicle that is damaged, disabled, unattended, repossessed, or abandoned.

29. "Truck-tractor protection valve" means a device that supplies air to the service brake system of a trailer to release the service brakes while the trailer is being towed by a truck- tractor, or to activate the service brakes if the supply of air from the truck-tractor to the trailer is disconnected or depleted.

30. "Under-lift" means an electrical, mechanical, or hydraulic device attached to the rear of a tow truck used to lift the front or rear of a vehicle by its axles or frame.

31. "Vehicle" means the same as in A.R.S. § 28-101.

32. "Wheel lift" means an electrical, hydraulic, or mechanical device attached to the rear of a tow truck used to lift the front or rear of a vehicle by its tires or wheels.

33. "Winch" means a device used for winding or unwinding wire rope.

34. "Wire rope" means flexible steel or synthetic strands that are twisted or braided together and may surround a hemp or wire core.

35. "Work lamp" means a lighting system that is mounted on a tow truck capable of illuminating an area to the rear of the tow truck.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Amended by final expedited rulemaking at 25 A.A.R. 844, effective 3/19/2019.

Ariz. Admin. Code § R13-3-702 Scope of Chapter

This Chapter applies only to a tow truck company in the business of towing and a tow truck agent.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-703 Enforcement Dates

As of the effective date of Articles 7 through 13, a tow truck agent shall ensure that a tow truck:

1. Introduced into the state on or after the effective date of Articles 7 through 13 meets the requirements of Articles 7 through 13;

2. Registered and operating as a tow truck in the state before the effective date of Articles 7 through 13, either meets the requirements of Articles 7 through 13 or Articles 1 through 6 until June 1, 2010, at which time the tow truck shall meet the requirements of Articles 7 through 13;

3 2. Sold to a new owner meets the requirements of Articles 7 through 13 before operating as a tow truck within this state; or

43. Not included in the definition of "tow truck" in R13-3-701 before the effective date of Articles 7 through 13, meets the requirements of Articles 7 through 13 within six months of the effective date of Articles 7 through 13 when operating as a tow truck in this state.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Amended by final expedited rulemaking at 25 A.A.R. 844, effective 3/19/2019.

Article 8 TOW TRUCK COMPANY REGISTRATION

Ariz. Admin. Code § R13-3-801 Tow Truck Company Registration

A. A person shall not operate a tow truck to tow a vehicle unless a tow truck agent registers the tow truck company with the Department. The tow truck agent shall:

1. Obtain a tow truck company application from the Department and complete the application form by including the following information:

a. The name, address, and telephone number of the tow truck company;

b. The tow truck owner's name, address, telephone number and date of birth. If the owner is a corporation, the corporation's name, address, and telephone number;

2. Obtain and keep in effect at all times the minimum limits of financial responsibility required by A.R.S. §§ 28-4009, 28-4032, 28-4033, 28-4131, and 28-4135, as applicable, for each tow truck owned, leased, or operated by the company; and

3. Sign the application in the presence of a Notary Public or Department Officer certifying under penalty of suspension of the permit decal that the tow truck company and the tow truck agent shall:

a. Comply with this Chapter; and

b. Have the necessary experience and qualifications to operate a tow truck in the manner required by this Chapter;

4. Include with a completed application, proof of financial responsibility that indicates:

a. Name of the insured;

b. Name, address, and telephone number of the insurance carrier;

c. Policy number;

d. Date on which the policy expires; and

e. Amount of coverage; and

5. Submit the completed application form and proof of financial responsibility in person to the Department.

B. If information provided on the original application form changes, the tow truck agent shall submit a new application form to the Department within 10 calendar days of the change. The Department may suspend a tow truck permit decal for failure to notify the Department of a change.

C. If it is discovered that a tow truck permit decal was issued on information supplied by the applicant that the applicant knew or should have reasonably known was false or inaccurate, the Department may suspend the tow truck permit decal.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Article 9 TOW TRUCK REGISTRATION AND COMPLIANCE INSPECTION

Ariz. Admin. Code § R13-3-901 Tow Truck Registration

A. A tow truck company shall register each tow truck by obtaining an identification number and permit decal before operating the tow truck to tow a vehicle.

B. A tow truck company shall apply for an identification number and permit decal by completing the Department's tow truck inspection application. The company may obtain the application from the Department. The signature on the application of the owner or a tow truck agent shall be notarized or signed in the presence of a Department officer.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-902 Inspection by the Department

A. The Department shall inspect a tow truck for compliance with this Chapter as soon as possible after the tow truck inspection application form is filed and no later than seven days after the application form is filed.

B. The Department may conduct unannounced, in-service inspections of a tow truck at the roadside, at the company's place of business, or any reasonable time and place to determine the condition of the tow truck.

C. The Department shall issue tow truck permit decals and identification number decals individually for each approved tow truck.

D. When a tow truck inspection is conducted under subsection (A) or (B), the following apply:

1. Department inspectors shall examine the tow truck for compliance with the safety requirements and specifications for the tow truck class under this Chapter.

2. If the Department finds that the tow truck complies with this Chapter, the Department shall issue an inspection report and if applicable, a permit decal.

If the Department finds that the tow truck does not comply with this Chapter, but has no deficiency listed in R13-3-1201(C)(7), the Department shall issue an inspection report that:

a. Specifies the deficiencies found,

b. Requires corrective measures, and

c. Allows five calendar days for the tow truck agent to correct the deficiencies.

4. If the Department finds that the tow truck does not comply with this Chapter because of deficiencies listed in R13-3-1201(C)(7), the Department shall not issue a permit decal but shall issue an inspection report that:

a. Specifies the deficiencies found, and

b. Requires corrective measures.

E. A tow truck agent shall ensure that a legible copy of the most recent tow truck inspection report is kept in the driver's compartment area of the tow truck and is produced upon demand to any peace officer. The Department may suspend a tow truck permit decal for failure to comply with this subsection.

1. A tow truck agent shall ensure that:

a. A permit decal is affixed to the lower outside left rear window or the left outside of the rear cab wall of the tow truck. A permit decal issued prior to the effective date of this section may remain on the lower outside right corner of the tow truck's windshield until the permit has expired or been replaced, and

b. An identification number decal is permanently affixed to the driver's compartment area.

2. The Department may suspend a permit decal for failure to maintain the permit decal or identification number decal in compliance with subsection (E)(1).

3. If a tow truck inspection report, permit decal, or identification number decal is lost, damaged, destroyed, or stolen, the tow truck company shall immediately notify the Department.

a. The tow truck company shall provide notification in writing either to Arizona Department of Public Safety, P.O. Box 6638, Mail Drop 1240, Phoenix, AZ 85005-6638, or by e-mail to TowTruckUnit@azdps.gov and include the name of the tow truck agent who registered the tow truck and the number of the lost, damaged, destroyed, or stolen inspection report, permit decal, or identification number decal.

b. Upon receipt of the notification, the Department shall issue the replacement inspection report, permit decal, or identification number decal.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Amended by final rulemaking at 14 A.A.R. 713, effective April 5, 2008 (Supp. 08-1). Amended by final expedited rulemaking at 25 A.A.R. 844, effective 3/19/2019. Amended by final rulemaking at 26 A.A.R. 963, effective 6/20/2020.

Ariz. Admin. Code § R13-3-903 Changes in Ownership

If a tow truck is sold, leased, or otherwise disposed of, the permit decal issued to the tow truck immediately becomes void.

1. Before sale, lease, or other disposal of a tow truck, a tow truck agent shall remove and destroy the permit decal.

2. Within 10 calendar days following the sale, lease, or other disposal of the tow truck, a tow truck agent shall notify the Department in writing of the action. The notice shall include:

a. Date on which ownership changed or the tow truck was disposed of;

b. Whether the tow truck was sold, leased, or the method and reason for other disposal;

c. Name of person who sold, leased, or disposed of the tow truck;

d. If applicable, name and address of the person that purchased or leased the tow truck; and

e. Vehicle identification number of tow truck that was sold, leased, or disposed of.

3. A person to whom a tow truck is sold, leased, or otherwise disposed of shall complete the registration and inspection process before operating the tow truck to tow a vehicle within this state.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Article 10 TOW TRUCK SPECIFICATIONS BY CLASS

Ariz. Admin. Code § R13-3-1001 Light-duty Tow Truck

A light-duty tow truck has a minimum of:

1. A G.V.W.R. of 10,000 pounds;

2. A boom assembly with a rated capacity of 8,000 pounds, if so equipped;

3. A power-operated winch with a line pull capacity of 8,000 pounds and a 3/8-inch diameter wire rope with a breaking strength of 12,200 pounds, if so equipped;

4. A tow sling, tow plate, or tow bar that meets the requirements of R13-3-1201(C)(16), or a wheel-lift or under-lift with a lifting capacity of 2,500 pounds when fully extended;

5. Chains or straps and hooks that meet the requirements of R13-3-1104 ;

6. Axles, wheels, and tires that meet the requirements of R13-3-1102 ; and

7. Brakes that meet the requirements of R13-3-1103.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1002 Light-duty Tow Truck with Collision Recovery Capabilities

A light-duty tow truck with collision recovery capabilities has a minimum of:

1. A G.V.W.R. of 14,001 pounds;

2. A boom assembly with a rated capacity of 8,000 pounds;

3. A power-operated winch with a line pull capacity of 8,000 pounds and a 3/8-inch diameter wire rope with a breaking strength of 12,200 pounds;

4. A tow sling, tow plate, or tow bar that meets the requirements of R13-3-1201(C)(16), or a wheel-lift or under-lift with a lifting capacity of 3,000 pounds when fully extended;

5. Chains or straps and hooks that meet the requirements of R13-3-1104 ;

6. Axles, wheels, and tires that meet the requirements of R13-3-1102 ; and

7. Brakes that meet the requirements of R13-3-1103.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1003 Light-duty Flatbed Tow Truck

A light-duty flatbed tow truck has a minimum of:

1. A G.V.W.R. of 10,000 pounds;

2. A power-operated winch with a line pull capacity of 8,000 pounds and a 3/8-inch diameter wire rope with a breaking strength of 12,200 pounds;

3. A bed assembly with a distributed load capacity of 7,500 pounds;

4. A wheel-lift or under-lift with a lifting capacity of 2,000 pounds when fully extended, if so equipped;

5. A tow plate or tow bar that meets requirements of R13-3-1201(C)(16), if so equipped;

6. Chains or straps and hooks that meet the requirements of R13-3-1104 ;

7. Axles, wheels, and tires that meet the requirements of R13-3-1102 ; and

8. Brakes that meet the requirements of R13-3-1103.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Amended by final rulemaking at 14 A.A.R. 713, effective April 5, 2008 (Supp. 08-1).

Ariz. Admin. Code § R13-3-1004 Light-duty Flatbed Tow Truck with Collision Recovery Capabilities

A light-duty flatbed tow truck with collision recovery capabilities has a minimum of:

1. A G.V.W.R. of 14,001 pounds;

2. A power-operated winch with a line pull capacity of 8,000 pounds and a 3/8-inch diameter wire rope with a breaking strength of 12,200 pounds;

3. A bed assembly with a distributed load capacity of 7,500 pounds;

4. A wheel-lift or under-lift with a lifting capacity of 2,500 pounds when fully extended, if so equipped;

5. A tow plate or tow bar that meets requirements of R13-3-1201(C)(16), if so equipped;

6. Chains or straps and hooks that meet the requirements of R13-3-1104 ;

7. Axles, wheels, and tires that meet the requirements of R13-3-1102 ; and

8. Brakes that meet the requirements of R13-3-1103.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Amended by final rulemaking at 14 A.A.R. 713, effective April 5, 2008 (Supp. 08-1).

Ariz. Admin. Code § R13-3-1005 Light-duty Tow Truck-tractor and Semi-trailer Combination

A light-duty tow truck-tractor and semi-trailer combination has a minimum of:

1. A G.V.W.R. of 8,600 pounds for a truck-tractor;

2. A G.V.W.R. of 7,500 pounds for a semi-trailer;

3. A power-operated winch with a line pull capacity of 8,000 pounds and a 3/8-inch diameter wire rope with a breaking strength of 12,200 pounds;

4. Chains or straps and hooks that meet the requirements of R13-3-1104 ;

5. Axles, wheels, and tires that meet the requirements of R13-3-1102 ; and

6. Brakes that meet the requirements of R13-3-1103 and A.R.S. § 28-952(A).

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1006 Medium-duty Tow Truck with Collision Recovery Capabilities

A medium-duty tow truck has a minimum of:

1. A G.V.W.R. of 23,500 pounds;

2. A boom assembly with a rated capacity of 24,000 pounds;

3. A power-operated winch with a line-pull capacity of 20,000 pounds and a 1/2-inch diameter wire rope with a breaking strength of 21,400 pounds, or two power-operated winches each with a line-pull capacity of 10,000 pounds and a 7/16-inch diameter wire rope with breaking strength of 16,540 pounds;

4. A tow sling, tow plate, or tow bar that meets the requirements of R13-3-1201(C)(16), or a wheel-lift or under-lift with a lifting capacity of 5,000 pounds when fully extended;

5. Chains or straps and hooks that meet the requirements of R13-3-1104 ;

6. Axles, wheels, and tires that meet the requirements of R13-3-1102 ; and

7. Brakes that meet the requirements of R13-3-1103.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1007 Medium-duty Flatbed Tow Truck with Collision Recovery Capabilities

A medium-duty flatbed tow truck has a minimum of:

1. A G.V.W.R. of 23,500 pounds;

2. A power-operated winch with a line pull capacity of 10,000 pounds and a 7/16-inch diameter wire rope with a breaking strength of 16,540 pounds;

3. A bed assembly with a distributed load capacity of 15,000 pounds;

4. A wheel-lift or under-lift with a lifting capacity of 3,000 pounds when fully extended, if so equipped;

5. A tow plate or tow bar that meets the requirements of R13-3-1201(C)(16), if so equipped;

6. Chains or straps and hooks that meet the requirements of R13-3-1104 ;

7. Axles, wheels, and tires that meet the requirements of R13-3-1102 ; and

8. Brakes that meet the requirements of R13-3-1103.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1008 Medium-duty Tow Truck-tractor and Semi-trailer Combination

A medium-duty tow truck-tractor and semi-trailer combination has a minimum of:

1. A G.V.W.R. of 23,500 pounds for a truck-tractor;

2. A G.V.W.R. of 17,000 pounds for a semi-trailer;

3. A power-operated winch with a line pull capacity of 10,000 pounds and a 7/16-inch diameter wire rope with a breaking strength of 16,540 pounds;

4. Chains or straps and hooks that meet the requirements of R13-3-1104 ;

5. Axles, wheels, and tires that meet the requirements of R13-3-1102 ; and

6. Brakes that meet the requirements of R13-3-1103 and A.R.S. § 28-952(A)(3).

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1009 Heavy-duty Tow Truck

A heavy-duty tow truck has a minimum of:

1. A G.V.W.R. of 35,000 pounds;

2. Tandem rear axles;

3. A boom assembly with a rated capacity of 50,000 pounds, if so equipped;

Two power-operated winches with a line pull capacity of 25,000 pounds each and a 9/16-inch diameter wire rope with a breaking strength of 27,000 pounds, if so equipped;

5. A tow sling, tow plate, or tow bar that meets the requirements of R13-3-1201(C)(16), or a wheel-lift or under-lift with a lifting capacity of 12,000 pounds when fully extended;

6. Chains or straps and hooks that meet the requirements of R13-3-1104 ;

7. Axles, wheels, and tires that meet the requirements of R13-3-1102 ;

8. Air brakes that meet the requirements of R13-3-1103 ; and

9. Seventy-five feet of air line configured so the ends can be connected between the tow truck and the towed unit, allowing the air supply of the tow truck's brake system to be transmitted to the towed unit's service brake system.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1010 Heavy-duty Tow Truck with Collision Recovery Capabilities

A heavy-duty tow truck has a minimum of:

1. A G.V.W.R. of 35,000 pounds;

2. Tandem rear axles;

3. A boom assembly with a rated capacity of 50,000 pounds;

4. Two power-operated winches with a line pull capacity of 25,000 pounds each and a 9/16-inch diameter wire rope with a breaking strength of 27,000 pounds;

5. A tow sling, tow plate, or tow bar that meets the requirements of R13-3-1201(C)(16), or a wheel-lift or under-lift with a lifting capacity of 12,000 pounds when fully extended;

6. Chains or straps and hooks that meet the requirements of R13-3-1104 ;

7. Axles, wheels, and tires that meet the requirements of R13-3-1102 ;

8. Air brakes that meet the requirements of R13-3-1103 ; and

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1011 Heavy-duty Flatbed Tow Truck with Collision Recovery Capabilities

A heavy-duty flatbed tow truck has a minimum of:

1. A G.V.W.R. of 33,000 pounds;

2. A power-operated winch with a line pull capacity of 20,000 pounds and a 1/2-inch diameter wire rope with a breaking strength of 21,400 pounds;

3. A bed assembly with a distributed load capacity of 20,000 pounds;

4. A wheel-lift or under-lift with a lifting capacity of 4,000 pounds when fully extended, if so equipped;

5. A tow plate or tow bar that meets the requirements of R13-3-1201(C)(16), if so equipped;

6. Chains or straps and hooks that meet the requirements of R13-3-1104 ;

7. Axles, wheels and tires that meet the requirements of R13-3-1102 ; and

8. Air brakes that meet the requirements of R13-3-1103.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1012 Heavy-duty Tow Truck-tractor and Semi-trailer Combination

A heavy-duty tow truck-tractor and semi-trailer combination has a minimum of:

1. A truck tractor with a G.V.W.R. of 35,000 pounds;

2. Tandem rear axles for both a truck-tractor and semi-trailer;

3. A G.V.W.R. of 30,000 pounds on the semi-trailer;

4. A power-operated winch with a single line pull capacity of 20,000 pounds and a 1/2-inch diameter wire rope with a breaking strength of 21,400 pounds;

5. Chains or straps and hooks that meet the requirements of R13-3-1104 ;

6. Axles, tires, and wheels that meet the requirements of R13-3-1102 ; and

7. Air brakes that meet the requirements of R13-3-1103 for both a truck-tractor and semi-trailer.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Article 11 TOW TRUCK EQUIPMENT REQUIREMENTS

Ariz. Admin. Code § R13-3-1101 Compliance with Chapter and Identification Requirements

A. At all times a tow truck agent shall display on both sides of each tow truck the company name, full name of the town or city in which the company is located, and ten digit telephone number. Letters shall contrast sharply in color with the background on which the letters are placed, be readily legible during daylight hours from a distance of 50 feet while the tow truck is stationary, and be maintained in a manner that retains the legibility.

B. A tow truck agent shall ensure that all tow trucks meet the requirements of this Chapter. The Department may suspend a permit decal for failure to meet the requirements of this Chapter.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1102 Axle, Wheel, and Tire Requirements

A. A tow truck agent shall ensure that a tow truck has:

1. Axles, wheels, and tires with a manufacturer's capacity rating equal to or greater than the tow truck's G.V.W.R.; and

2. At all points on major tread grooves, a tread-groove pattern depth of at least 4/32 of an inch on all tires on the steering axle, and 2/32 of an inch on all other tires.

B. A tow truck agent shall ensure that a tow truck does not have:

1. Fabric or cord exposed through the tire tread or sidewall;

2. A tire contacting another tire, suspension, or any other part of the vehicle; or

3. A tire visibly under-inflated or flat.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1103 Brake Requirements

A. A tow truck shall have a power-assisted service brake system, separate from the parking brake system, capable of stopping and holding the tow truck and its load under all conditions and on any grade on which the tow truck is operated. If a tow truck's service brake system is actuated by air, the tow truck shall be equipped with:

1. A truck-tractor protection valve; and

2. An audible or visible low air warning device that actuates at a minimum of 55 psi.

B. A tow truck shall have a parking brake system, separate from the service brake system, which is capable of holding the tow truck and its load. If the tow truck's parking brake system is actuated by air, the tow truck shall be equipped with:

1. A truck-tractor protection valve; and

2. An audible or visible low air warning device that actuates at a minimum of 55 psi.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1104 Required Equipment

A. A light-duty tow truck shall be equipped with a minimum of 20 feet of recovery straps or 5/16-inch diameter chains with a hook on each end of each section. The straps or chains shall have an identifiable mark indicating a minimum working load limit strength of 3,900 pounds.

B. A medium-duty tow truck shall be equipped with a minimum of 20 feet of recovery straps or 3/8-inch diameter chains with a hook on each end of each section. The straps or chains shall have an identifiable mark indicating a minimum working load limit strength of 7,100 pounds.

C. A heavy-duty tow truck shall be equipped with a minimum of 20 feet of recovery straps or 1/2-inch diameter chains with a hook on each end of each section. The straps or chains shall have an identifiable mark indicating a minimum working load limit strength of 12,000 pounds.

D. A semi-trailer or flatbed shall be equipped with "T" slots, eye bolts, "D" rings, or other means for attaching chains or straps, and four tie-down chains or straps with appropriate attachment hooks.

E. All tow trucks shall be equipped with:

1. Appropriate load securement devices if equipped with a wheel-lift, under-lift, tow bar, tow plate, or tow sling.

2. A warning light assembly with a minimum of two light emitting sources. The lights shall:

a. Be mounted on the tow truck as high as practical and be visible from the front and rear of the tow truck for a distance of 100 feet under normal atmospheric conditions;

b. Show amber to the front and amber or red to the rear; and

c. Be wired independently of all other electrical circuits.

3. A minimum of two work lamps. The lamps shall:

a. Have clear lenses;

b. Be capable of illuminating the area directly behind the tow truck for a distance of 50 feet; and

c. Be wired independently of all other electrical circuits.

Two portable lamps consisting of tail lights, brake lights, turn signals, and emergency flashers, if a tow truck is equipped with a wheel-lift, under-lift, tow bar, tow plate or tow sling. Each portable lamp shall be visible from 100 feet under normal atmospheric conditions and comply with A.R.S. §§ 28-925(A), 28-927, and 28-939.

5. One rear-vision mirror on each side of the tow truck. Each mirror shall have a minimum surface area of 24 square inches.

6. An operational battery-powered electric lantern or a two-cell flashlight.

7. A fire extinguisher having an Underwriter's Laboratories rating of 10 B:C or higher. The fire extinguisher shall be filled, readily accessible for use, and mounted securely to the tow truck.

8. A steering wheel securement device of sufficient strength to lock the steering mechanism in a straight, forward position, if a tow truck is equipped with a wheel-lift, under-lift, tow bar, tow plate or tow sling.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1105 Collision Recovery Equipment Requirements

A tow truck with collision recovery capabilities shall be equipped with at least:

1. One #2 or larger square-point shovel;

2. One 14-inch wide or larger push broom;

3. Five gallons or 20 pounds of fluid absorbent material stored in a weatherproof container; and

4. One snatch block for each installed winch on the tow truck. Each snatch block shall be of a size and rating compatible with the size and rating of the installed wire rope.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1106 Wire Rope Restrictions

A tow truck agent shall ensure that a wire rope is not used in a tow truck if it:

1. Has kinks, bird caging, or knots;

2. Is crushed more than 33% of original diameter;

3. Has core protrusion along the length of the rope;

4. Has more than 11 broken wires in six diameters of length;

5. Has more than three broken wires in any one strand; or

6. Has more than two broken wires at the end connection or fitting.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1107 Wire Rope End Specifications and Installation

A tow truck agent shall ensure that:

1. All wire rope eye loops used on a tow truck are protected by a thimble;

2. Cable clamps are not used on a wire rope; and

3. Thimbles are not cracked, deformed, worn, loose, or have a strand of wire that slips.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Article 12 REQUIREMENTS FOR TOW TRUCK AGENTS AND COMPANIES

Ariz. Admin. Code § R13-3-1201 Tow Truck Agent and Company Requirements

A. A tow truck company shall ensure that each tow truck agent:

1. While operating a tow truck possesses and carries a valid driver's license for the class of tow truck operated;

2. While operating a tow truck possesses and carries a current medical examination certificate in accordance with 49 CFR 391.45 as referenced in A.A.C. R17-5-202;

3. Does not operate a tow truck if the agent has more than two moving violation convictions within the previous 12 months;

4. Possesses the skill and knowledge to rig, move, pick up, and transport a vehicle without causing avoidable damage to the vehicle or other property;

5. Has not consumed any alcoholic beverage within four hours of operating the tow truck;

6. Is not using or under the influence of alcohol or any of the following substances as defined in A.R.S. § 13-3401 while operating a tow truck:

a. Peyote;

b. Vapor-releasing substance containing a toxic substance;

c. Marijuana;

d. Dangerous drugs;

e. Narcotic drugs; or

f. Prescription-only drug unless the tow truck agent obtains the prescription-only drug pursuant to a valid prescription.

7. Has not been convicted of committing a crime involving fraud, embezzlement, or theft in the five years before operating a tow truck and has never been convicted of committing a felony homicide, felony kidnapping, felony assault, felony sexual offense, or felony robbery;

8. Has not been convicted under A.R.S. § 28-1381 (driving while under the influence of narcotics, dangerous drugs, or intoxicating beverages) or A.R.S. § 28-693 (reckless driving) while engaged in the operation of a tow truck; and

9. Does not operate a tow truck while the agent's license to drive is suspended under A.R.S. § 28-1321 (Implied Consent Law), A.R.S. § 28-3473 (license suspension or revocation), or A.R.S. § 28-4141 (suspended license, no insurance).

B. A tow truck agent shall:

1. Comply with A.R.S. § 28-1108;

2. Permit a peace officer or other duly authorized agent of a law enforcement agency to inspect a tow truck to determine compliance with the requirements of this Chapter. The inspection may be conducted without notice at any reasonable time and place; and

3. Have a certification from a licensed testing facility certifying the tested line-pull of the winch or the tested lifting capacity of the boom assembly, if the tow truck is equipped with a homemade boom assembly or homemade winch.

C. A tow truck agent shall not:

1. Operate a tow truck without an identification number and a legible copy of a tow truck inspection report, as required by this Chapter;

Transfer a permit decal or tow truck inspection report from one tow truck to another;

3. Tow or move a vehicle from a highway, street, or public property without prior authorization from the owner or operator of the vehicle, the owner's agent, a person responsible for maintaining the public property, or a law enforcement officer. The tow truck agent may move, but shall not tow, a vehicle to extract an individual from wreckage or to remove a hazard to life or property at a collision scene;

4. Use a hand-operated or electric winch for collision recovery work;

5. Operate a tow truck for collision recovery work unless certified for collision recovery;

6. Use a flatbed tow truck with a G.V.W.R. of less than 14,001 pounds to transport more than one vehicle unless the additional vehicle is a golf cart, a motor-driven cycle, or a trailer that weighs less than 1,500 pounds;

Operate a tow truck that has one or more of the following defects;

a. Both warning light assembly lights missing or inoperative;

b. All load securement devices missing or defective;

c. A portable lamp not in compliance with A.R.S. §§ 28-925(A), 28-927 or 28-939, if a portable lamp is required;

d. Any steering axle tire with less than 4/32-inch tread depth in one major groove;

e. For an axle other than a steering axle, a tire with less than 2/32-inch tread depth and for a dual wheel axle, both tires on the same side with less than 2/32-inch tread depth;

f. Any flat tire or tire with cord exposed by cut or wear;

g. Any tow plate, tow bar, tow sling, wheel-lift, or under-lift exhibiting wear in excess of manufacturer standards at any pivot point or any crack in a structural component;

h. Wire rope in violation of R13-3-1106 ;

i. Any component not maintained within manufacturer standards; or

j. A deficiency noted on an inspection report after the time-frame available to the tow truck agent to correct deficiencies has elapsed;

8. Equip a tow truck with homemade boom assembly or homemade winch, unless the tow truck company has a certification from a licensed testing facility certifying the tested line pull of the winch or the tested lifting capacity of the boom assembly;

9. Tow a vehicle using a tow sling, tow plate, or tow bar unless appropriate load securement devices are attached;

10. Transport a vehicle by flatbed or truck, truck-tractor, or semi-trailer unless the vehicle is secured with a minimum of a four-point tie-down, not including the winch;

11. Tow a vehicle with a wheel-lift, under-lift, tow plate, tow bar, or tow sling unless two safety chains are attached by crossing the chains with one end of each chain attached to a major structural member of the tow truck and the other end attached to a major structural member of the towed vehicle, with no attachments to the bumpers;

12. Tow a vehicle using a tow plate, tow bar, tow sling, wheel-lift, or under-lift unless a portable lamp is affixed to the rear of the rear-most towed vehicle, in plain view, and when activated, visible to traffic traveling in the same direction;

13. Activate warning light assembly except at the scene of service, or when transporting a vehicle that presents a hazard from a collision scene;

14. Use any vehicle towed or article stored in the towed vehicle, unless it is the property of the tow truck company or tow truck agent;

15. Operate a tow truck that exceeds the manufacturer's G.V.W.R. without a load or the manufacturer's rated capacity for the boom or bed assembly;

Operate a tow truck that is equipped with a tow plate, tow bar, or tow sling unless the tow plate, tow bar, or tow sling has a manufacturer weight rating that exceeds any load carried on it; or

17. Refuse to make prompt restitution for any damage for which the tow truck company is legally liable.

D. The Department may suspend a permit decal for failure to comply with these standards.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Amended by final expedited rulemaking at 25 A.A.R. 844, effective 3/19/2019.

Article 13 ENFORCEMENT

Ariz. Admin. Code § R13-3-1301 Waiver

If the Director determines there is a compelling public necessity, the Director may waive the enforcement of this Chapter.

1. A person shall make a waiver request in writing.

2. The Director shall separately consider and decide each request for a waiver and each waiver shall only apply to the person requesting the waiver.

3. The Director shall provide the decision in writing.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1302 Suspension or Denial of Tow Truck Permit Decal

A. The Director may deny or suspend a permit decal for up to one year if a person violates this Chapter.

B. The Department shall provide a written notice of a permit decal suspension to a tow truck company that includes the information specified in A.R.S. § 41-1092.03(A) and lists:

1. The effective date of the suspension;

2. The tow truck affected by the suspension;

3. The specific violation; and

4. The actions necessary for compliance and for the Department to end the suspension.

C. Beginning on the effective date of the suspension, the tow truck company shall not operate the identified tow truck to tow.

D. The tow truck company shall submit a corrective action plan to the Department that lists the steps the tow truck company will take to reach compliance.

1. A tow truck agent shall sign the plan and submit the plan to the Department for approval and signature.

2. Failure to submit a plan within 90 days of written notice of suspension by the Department constitutes withdrawal from the permit process and requires the tow truck company to reapply under Article 9 of this Chapter.

E. If the tow truck company complies with the corrective action plan, the Department shall reinstate the tow truck permit decal.

F. The Department shall not suspend a permit decal for a violation of R13-3-1201(A)(3) unless the tow truck company owner knew or should have known of the tow truck agent's convictions.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-3-1303 Appeals

A. A person that has had issuance of a tow truck permit decal denied or suspended has a right to a hearing.

1. The Director or designee may combine requests for hearings into one hearing where there are common parties or issues.

2. The hearing shall be conducted by the Office of Administrative Hearings pursuant to A.R.S. § 41-1092, et seq.

B. A person shall make a request for a hearing in writing to the Department within 30 calendar days from receipt of the notice of denial or suspension. If the request for a hearing is not received within the 30-day period, the person's right to a hearing is waived, unless the person shows that failure to timely request a hearing was beyond the person's control.

C. If a hearing is requested, the Department shall notify the person in writing at least 30 calendar days before the date set for hearing and include the following in the notice:

1. A statement of the time, place, and nature of the hearing;

2. A statement of the legal authority and jurisdiction under which the hearing is to be held;

3. A reference to the particular sections of the statutes and rules involved; and

4. A short and plain statement of the matters asserted.

D. A final administrative decision shall be issued pursuant to A.R.S. § 41-1092.08.

1. A copy of the decision shall be mailed to each party.

2. Within 35 calendar days after the date of service of the final decision rendered in the hearing, an appeal may be taken to the Superior Court of the county in which any of the conditions in A.R.S. § 12-905 apply. Appeals to the Superior Court are governed by the provisions of A.R.S. § 12-901 et seq.

History

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2).

Chapter 4 ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R13-4-101 Definitions

In this Article, unless the context otherwise requires:

"Academy" means an entity that conducts the Board-prescribed basic training courses for full-authority or specialty peace officers.

"Adderall," as used in R13-4-105, means a combination drug containing salts of amphetamine that acts as a central nervous system stimulant. The combination may include amphetamine, methamphetamine, methylphenidate, dextroamphetamine, levoamphetamine, or other stimulants.

"Agency" means a law enforcement entity empowered by the state of Arizona.

"Appointment" means the selection by an agency of an individual to be a peace officer or peace officer recruit that the agency believes meets the minimum qualifications for appointment specified in R13-4-105.

"Approved training program" means a course of instruction that meets Board-prescribed course requirements.

"Board" means the Arizona Peace Officer Standards and Training Board.

"Cancellation" means the annulment of certified status without prejudice to reapply for certification.

"Certified" means approved by the Board as being in compliance with A.R.S. Title 41, Chapter 12, Article 8 and this Chapter.

"CE" means the Board-approved Comprehensive Examination that measures mastery of the knowledge and skills taught in the Board-approved full-authority peace officer basic training course.

"Denial" means the refusal of the Board to grant certified status. The Board's denial may be temporary with an opportunity to reapply for certified status or permanent.

"Dangerous drug or narcotic" means a substance identified in A.R.S. § 13-3401 as being a dangerous drug or narcotic drug.

"Full-authority peace officer" means a peace officer whose authority to enforce the laws of this state is not limited by this Chapter.

"Inactive certification" means a certified peace officer has been terminated and as a result, the peace officer's certified status becomes inactive rather than lapsing. An individual with an inactive certification shall not function as a peace officer or be assigned the duties of a peace officer.

"Lapsed certification" means the expiration of certified status.

"Open enrollee" means an individual who is admitted to an academy but is not appointed by an agency.

"Peace officer" has the meaning in A.R.S. § 1-215.

"Peace officer recruit" means an individual recruited and appointed by an agency to attend an academy.

"Physician" means an individual licensed to practice allopathic or osteopathic medicine in this or another state.

"Polygraph" means an instrument that is used to render a diagnostic opinion as to the honesty of an individual and records continuously, visually, permanently, and simultaneously, changes in cardiovascular, respiratory, and electro dermal patterns as minimum instrumentation standards.

"Resolve-in-the-future or RF" means a designation assigned by the Board regarding alleged misconduct of an inactive peace officer and requires an agency to resolve the alleged misconduct before the agency may appoint the peace officer.

"Restricted certification" means the Board's limitation on duties allowed to be performed by a certified peace officer.

"Revocation" means the permanent withdrawal of certified status.

"Scenario" means immersive training in which a peace officer recruit demonstrates response skills by applying knowledge and solving problems in a simulated environment.

"Service ammunition" means munitions that perform equivalently in all respects when fired during training or qualification to those carried on duty by a peace officer.

"Service handgun" means the specific handgun or equivalent that a peace officer carries for use on duty.

"Specialty peace officer" means a peace officer whose authority is limited to enforcing specific sections of the Arizona Revised Statutes or Arizona Administrative Code , as specified by the appointing agency's statutory powers and duties.

"Success criteria" means a numerical statement that establishes the performance needed for an individual to demonstrate competency in a knowledge, task, or ability required by this Chapter.

"Suspension" means the temporary withdrawal of certified status.

"Termination" means the end of employment or service with an agency as a peace officer through removal, discharge, resignation, retirement, or otherwise.

"Vendor" means an entity other than the Board or an agency that makes training available to peace officers.

History

Adopted effective March 23, 1989 (Supp. 89-1). Amended effective August 6, 1991 (Supp. 91-3). References to "Council" changed to "Board" (Supp. 94-3). Amended effective October 20, 1995; filed with the Secretary of State April 20, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 12 A.A.R. 331, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 26 A.A.R. 2745, effective 12/6/2020. Amended by final rulemaking at 28 A.A.R. 1044, effective 5/4/2022. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-102 Internal Organization and Control of the Board

A. Scheduled meetings. The Chair, in consultation with the Board, shall set regular meeting dates of the Board.

C. B. Special meetings. Except in the case of an emergency meeting declared by the Governor or the Chair, the Chair shall give at least five days' written notice of a special meeting to each member of the Board.

D. C. Subcommittees. The Chair may appoint subcommittees to inquire into any matter of Board interest. Each subcommittee shall report its findings, conclusions, and recommendations to the Board, in a manner directed by the Chair.

History

Adopted effective March 23, 1989 (Supp. 89-1). References to "Council" changed to "Board" (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016.

Ariz. Admin. Code § R13-4-103 [Effective until 9/5/2025] Certification of Peace Officers

A. Certified status mandatory. An individual who is not certified by the Board or whose certified status is inactive shall not function as a peace officer or be assigned the duties of a peace officer by an agency, except as provided in subsection (B).

B. Sheriffs who are elected are exempt from the requirement of certified status.

C. An individual shall satisfy the minimum qualifications and training requirements to receive certified status.

D. Peace officer categories. The categories for which certified status may be granted are:

1. Full-authority peace officer, and

2. Specialty peace officer

~~3. Limited-authority peace officer~~.

E. Application for certification. An individual who seeks to be certified as a peace officer shall make application as follows:

1. Submit to an agency an application that contains all documents required by R13-4-105, R13-4-106(A) and (B), and R13-4-107 ;

2. Obtain an appointment from the agency; and

3. Obtain either a certificate of graduation from a Board-prescribed Peace Officer Basic Course or a certificate of successful completion of the waiver of training process prescribed by R13-4-110(D).

F. An open enrollee shall obtain an appointment from an agency within one year after graduating from a Board-prescribed Peace Officer Basic Course.

1. If more than one year but less than three years elapse after graduation from a Board-prescribed Peace Officer Basic Course before an open enrollee obtains an appointment from an agency, the open enrollee shall again take the CFE required under R13-4-110 and satisfactorily perform the practical demonstrations of proficiency in physical conditioning, vehicle operations, pursuit operations, and firearms, including firearms qualifications, as required under R13-4-116(E)(1).

2. If more than three years elapse after graduation from a Board-prescribed Peace Officer Basic Course, an open enrollee shall again graduate from the Board-prescribed Peace Officer Basic Course before obtaining an appointment from an agency.

G. Establishing or enforcing qualifications, standards, or training requirements. The Board may waive in whole or in part any provision of this Article upon a finding that the best interests of the law enforcement profession are served and the public welfare and safety is not jeopardized by the waiver. The Board may place restrictions or requirements on a peace officer as a condition of certified status.

H. This Section is effective six months after filing with the Secretary of State as required by A.R.S. § 41-1823(A).

History

Adopted effective March 23, 1989 (Supp. 89-1). Amended effective October 20, 1995; filed with the Secretary of State April 20, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 3201, effective January 11, 2003 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 2/8/2016. Amended by final rulemaking at 28 A.A.R. 1044, effective 11/4/2022.

Ariz. Admin. Code § R13-4-104 Peace Officer Category Restrictions

A. Specialty peace officer. A specialty peace officer has only the authority specified in R13-4-101.

B. Peace officer category change. A certified peace officer may be appointed to another peace officer category within the same agency without the background investigation and medical examination required in R13-4-105, R13-4-106, and R13-4-107 when these requirements were previously satisfied for appointment if:

1. No more than 30 days have elapsed since the peace officer's termination, and

2. The change is to a category for which the officer is qualified under R13-4-110(A).

C. Reinstatement by an agency following termination by the agency for misconduct and physical separation from the agency for more than 30 days. Before reinstating a peace officer who was terminated for misconduct and physically separated from service for more than 30 days, the agency shall conduct the following background investigation and submit the results to the Board. The agency shall conduct the background investigation even if the peace officer's official date of reinstatement is within the 30 days of physical separation from the agency:

1. A personal history statement as described in R13-4-106(A);

2. A background interview regarding the time physically separated from the agency;

3. A polygraph examination as described in R13-4-106(C)(8) regarding the time physically separated from the agency and including:

a. Were you involved in any criminal activity while physically separated from the agency;

b. Did you have an encounter with law enforcement while physically separated from the agency;

c. Was there a change in your medical condition while physically separated from the agency;

d. Questions to update the information required under R13-4-105(A)(6) and (A)(9) through (15) and R13-4-106(C)(2) and (C)(4); and

e. Is all the information you provided true, complete, and accurate.

D. Inactive certification. The certification of a peace officer becomes inactive upon termination.

E. Lapse of certification. The certification of a peace officer lapses after three consecutive years of inactive certification.

F. Reinstatement from inactive certification. A peace officer whose certification is inactive and has not lapsed may have certification reinstated if the requirements of R13-4-105 are met for the new appointment, and if appointed:

1. In the same peace officer category, or;

2. As a specialty peace officer from inactive certification as a full-authority peace officer.

G. Active certification as a specialty peace officer does not prevent lapse of active certification as a full-authority peace officer.

History

Adopted effective March 23, 1989 (Supp. 89-1). Amended effective August 6, 1991 (Supp. 91-3). Amended effective October 20, 1995; filed with the Secretary of State April 20, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 26 A.A.R. 2745, effective 12/6/2020. Amended by final rulemaking at 28 A.A.R. 1044, effective 7/3/2022. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-105 [Effective until 9/5/2025] Minimum Qualifications

A. Except as provided in subsection (C) or (D), an individual shall meet the following minimum qualifications before being appointed to or attending an academy:

1. Be a United States citizen;

2. Be at least 21 years of age. An individual may attend an academy if the individual will be 21 years of age before graduating;

3. Meet one of the following education standards:

a. Have a diploma from a high school recognized by the department of education of the jurisdiction from which the diploma is issued,

b. Have successfully completed a General Education Development (G.E.D.) examination,

c. Have a homeschool diploma or certificate of completion that is recognized as the equivalent of a high school diploma by the jurisdiction from which the homeschool diploma or certificate is issued,

d. Have a diploma, certificate of completion, or transcripts issued by a private school in Arizona that includes the individual's name and a signed affirmation of the school administrator that the individual received the equivalent of a high school education, or

d.e. Have a degree from an institution of higher education accredited by an agency recognized by the U.S. Department of Education;

4. Undergo a complete background investigation that meets the standards of R13-4-106 . An individual shall not begin an academy until the agency has completed the background investigation requirements at R13-4-106(C)(1), (C)(2), and (C)(4) through (C)(9). However, an individual may begin an academy before the results of the fingerprint query referenced in R13-4-106(C)(3) are returned. The academy shall not graduate the individual and the Board shall not reimburse the academy for the individual's training expenses until a qualifying background investigation report, as specified in R13-4-106(C)(9), is completed;

5. Undergo a medical examination that meets the standards of R13-4-107 within one year before appointment. An agency may make a conditional offer of appointment before the medical examination. If the medical examination is conducted more than 180 days before appointment, the individual shall submit a written statement indicating that the individual's medical condition has not changed since the examination;

Not have been convicted of a felony or any offense that would be a felony if committed in Arizona;

7. Not have been dishonorably discharged from the United States Armed Forces;

8. Not have been previously denied certified status, have certified status revoked, or have current certified status suspended, or have voluntarily surrendered certified status in lieu of possible disciplinary action in this or any other state if the reason for denial, revocation, suspension, or possible disciplinary action was or would be a violation of R13-4-109(A) if committed in Arizona;

9. Not have illegally, as defined in R13-4-101, possessed, produced, cultivated, or transported marijuana for sale or sold marijuana;

10. Not have illegally, as defined in R13-4-101, possessed or used marijuana for any purpose within the past two years;

11. Not have illegally sold, produced, cultivated, or transported for sale a dangerous drug or narcotic;

12. Not have illegally used a dangerous drug or narcotic, other than marijuana, for any purpose within the past seven years;

13. Not have a pattern of abuse of prescription medication;

14. Undergo a polygraph examination that meets the requirements of R13-4-106, unless prohibited by law;

15. Not have been convicted of or adjudged to have violated traffic regulations governing the movement of vehicles with a frequency within the past three years that indicates a disrespect for traffic laws or a disregard for the safety of others on the highway;

16. Read the code of ethics in subsection (E) and affirm by signature the individual understands and agrees to abide by the code.

B. To determine whether an individual's possession or use of marijuana, or a dangerous drug or narcotic disqualifies the individual from being appointed or attending an academy, the Board shall use the following standards:

1. Marijuana.

a. All forms of marijuana, including THC extracts, cannabis, hashish, marijuana extracts, and marijuana edibles, and all forms of use will be treated the same;

b. The individual has not illegally possessed or used marijuana within the two years before appointment as a peace officer; and

c. The individual has never illegally possessed or used marijuana as a peace officer;

2. Dangerous drugs, hallucinogens, narcotics, and prescription drugs containing an active ingredient that is a narcotic or dangerous drug.

a. The individual has not illegally possessed or used any of these substances:

i. Within the seven years before appointment as a peace officer;

ii. More than a total of five times for all substances combined;

iii. More than one time for all substances combined since turning 21 years of age; and

iv. As a peace officer;

b. Dangerous drugs. All dangerous drugs, including methamphetamine, amphetamine, speed, spice, and bath salts will be treated the same;

c. Hallucinogens. All hallucinogens, including peyote, mushrooms, ecstasy, lysergic acid diethylamide (LSD), ketamine, mescaline, and phencyclidine (PCP) will be treated the same;

d. Narcotics. All narcotics, including cocaine, heroin, and opioids will be treated the same; and

e. Prescription medications. All prescription medications containing an active ingredient that is a narcotic or dangerous drug will be treated the same. Possession or use for recreational purposes of a prescription medication containing an active ingredient that is a narcotic or dangerous drug is disqualifying under subsection (B)(2);

3. Steroids.

a. All steroids, including anabolic-androgenic steroids and corticosteroids will be treated the same;

b. The individual has not illegally possessed or used a steroid within the three years before appointment as a peace officer; and

c. The individual has never illegally possessed or used a steroid as a peace officer;

4. Adderall.

a. All uses of Adderall, except as prescribed by a physician, will be treated the same;

b. The individual has not possessed or used Adderall, except as prescribed by a physician, within the three years before appointment as a peace officer, and

c. The individual has never possessed or used Adderall, except as prescribed by a physician, as a peace officer; and

5. Over-the counter products containing cannabidiol (CBD). The Board does not consider possession or use of over-the-counter products containing CBD, as allowed under federal and state law, as disqualifying an individual from appointment as a peace officer.

C. An agency head who wishes to appoint an individual whose illegal possession or use of marijuana or a dangerous drug or narcotic is determined to be disqualifying under this Section may petition the Board for a determination that, given the unique circumstances of the individual's possession or use, the use should not be disqualifying. The petition shall:

Specify the type of drugs illegally possessed or used, the number of uses, the age at the time of each possession or use, the method by which the information regarding illegal possession or use of drugs came to the agency's attention, and any attempt by the agency head to verify the accuracy of the information; and

2. State the factors the agency head wishes the Board to consider in making its determination. These factors may include:

a. The duration of possession or use,

b. The motivation for possession or use,

c. The time elapsed since the last possession or use,

d. How the drug was obtained,

e. How the drug was ingested,

f. Why the individual stopped possessing or using the drug, and

g. Any other factor the agency head believes is relevant to the Board's determination.

D. An agency head who wishes to appoint an individual whose conduct is grounds to deny certification under R13-4-109 may petition the Board for a determination that the otherwise disqualifying conduct constitutes juvenile indiscretion. The petition shall:

1. Specify the nature of the conduct, the number of times the conduct occurred, the method by which information regarding the conduct came to the agency's attention, and any attempt by the agency head to verify the accuracy of the information; and

2. Include sufficient information for the Board to determine that all of the following are true:

a. The conduct occurred when the individual was younger than age 18;

b. The conduct occurred more than 10 years before application for appointment;

c. The individual has consistently exhibited responsible, law-abiding behavior between the time of the conduct and application for appointment;

d. There is reason to believe that the individual's immaturity at the time of the conduct contributed substantially to the conduct;

e. There is evidence that the individual's maturity at the time of application makes reoccurrence of the conduct unlikely; and

f. The conduct was not so egregious that public trust in the law enforcement profession would be jeopardized if the individual is certified.

3. If the Board finds that the information submitted is sufficient for the Board to determine that the factors listed in subsection (D)(2) are true, the Board shall determine that the conduct constituted juvenile indiscretion and grant appointment.

E. Code of Ethics. Because the people of the state of Arizona confer upon all peace officers the authority and responsibility to safeguard lives and property within constitutional parameters, a peace officer shall commit to the following Code of Ethics and shall affirm the peace officer's commitment by signing the Code.

"I will exercise self-restraint and be constantly mindful of the welfare of others. I will be exemplary in obeying the laws of the land and loyal to the state of Arizona and my agency and its objectives and regulations. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept secure unless revelation is necessary in the performance of my duty.

I will never take selfish advantage of my position and will not allow my personal feelings, animosities, or friendships to influence my actions or decisions. I will exercise the authority of my office to the best of my ability, with courtesy and vigilance, and without favor, malice, ill will, or compromise. I am a servant of the people and I recognize my position as a symbol of public faith. I accept it as a public trust to be held so long as I am true to the law and serve the people of Arizona."

F. This Section is effective six months after filing with the Secretary of State as required by A.R.S. § 41-1823(A).

History

Adopted effective March 23, 1989 (Supp. 89-1). Amended effective August 6, 1991 (Supp. 91-3). Amended effective January 13, 1993; filed July 13, 1992 (Supp. 92-3). References to "Council" changed to "Board" (Supp. 94-3). Amended effective October 20, 1995; filed with the Secretary of State April 20, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 3201, effective January 11, 2003 (Supp. 02-3). Amended by final rulemaking at 12 A.A.R. 331, effective July 10, 2006 (Supp. 06-1). Amended by final rulemaking at 22 A.A.R. 555, effective 2/8/2016. Amended by final rulemaking at 26 A.A.R. 2745, effective six months after filing with the Secretary of State as required under A.R.S. § 41-1823(A); filed October 7, 2020, effective 4/7/2021. Amended by final rulemaking at 28 A.A.R. 1044, effective 11/4/2022.

Ariz. Admin. Code § R13-4-106 Background Investigation Requirements

A. Personal history statement. An individual who seeks to be appointed shall complete and submit to the appointing agency a personal history statement on a form prescribed by the Board before the start of a background investigation. The Board shall use the answers to questions contained in the personal history statement to determine whether the individual is eligible for certified status as a peace officer. The Board shall ensure the questions concern whether the individual meets the minimum requirements for appointment, has engaged in conduct or a pattern of conduct that would jeopardize the public trust in the law enforcement profession, and is of good moral character.

B. Investigative requirements for the applicant. To assist with the background investigation, an individual who seeks to be appointed shall provide the following:

1. Proof of United States citizenship. A copy of a birth certificate, United States passport, or United States naturalization papers is acceptable proof.

2. Copy of a current, valid driver's license.

2.3. Proof of education. A copy of a diploma, certificate, or transcript is acceptable proof.

3.4. Record of any military discharge. A copy of the Military Service Record (DD Form 214 #4 or NGB Form 22), which documents the character of service, separation code, and reentry code, is acceptable proof.

4.5. Personal references. The names and addresses of at least three people who can provide information as personal references.

5.6. Previous employers or schools attended. The names and addresses of all employers and schools attended within the previous 10 years.

6.7. Residence history. The complete address for every location at which the individual has lived in the last 10 years.

C. Investigative requirements for the agency. A complete background investigation includes the following inquiries and a review of the returns to determine that the individual seeking appointment meets the requirements of R13-4-105, and that the individual's personal history statement is accurate and truthful. For each individual seeking to be appointed, the appointing agency shall:

1. Query all the law enforcement agency records in jurisdictions listed in subsections (B)(6) and (7);

2. Query the motor vehicle division driving record from any state listed in subsections (B)(6) and (7);

3. Complete and submit a Fingerprint Card Inventory Sheet to the Federal Bureau of Investigation and Arizona Department of Public Safety for query;

4. Query the National Crime Information Center/Interstate Identification Index (NCIC/III), and the Arizona Criminal Information Center/Arizona Computerized Criminal History (ACIC/ACCH), or the equivalent for each state listed in subsections (B)(6) and (7);

5. Contact all personal references and employers listed in subsections (B)(6) and (7) and document the answers to inquiries concerning whether the individual meets the standards of this Section;

6. Query the Board regarding the individual's certification status, reports of alleged misconduct by the individual, and whether the individual has a Board case with an RF designation;

7. Query all Arizona law enforcement agencies where the individual was appointed or applied for appointment as a peace officer regarding records maintained under R13-4-108(C);

8. Administer a polygraph examination, unless prohibited by law. The results shall include a detailed report of the pre-test interview and any post-test interview and shall cover responses to all questions that concern:

a. Minimum standards for appointment as required by R13-4-105,

b. Truthfulness on the personal history statement,

c. Commission of any crimes; and

d. Any Board case with an RF designation;

9. If any of the information under subsections (C)(1) through (8) is more than a year old, the agency shall administer another polygraph examination and query the individual regarding any changes in the information previously received under subsections (C)(1) through (8); and

10. If the results of the background investigation show that the individual meets minimum qualifications for appointment, has not engaged in conduct or a pattern of conduct that would jeopardize public trust in the law enforcement profession, and is of good moral character, complete a report that attests to those findings. If the agency is unable to obtain all information required under subsections (C)(1) through (9), include in the report a description of the missing information and efforts made to obtain it.

History

Adopted effective March 23, 1989 (Supp. 89-1). Amended effective January 13, 1993; filed July 13, 1992 (Supp. 92-3). References to "Council" changed to "Board" (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 26 A.A.R. 2745, effective 12/6/2020. Amended by final rulemaking at 28 A.A.R. 1044, effective 7/3/2022. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-107 [Effective until 9/5/2025] Medical Requirements

A. Medical, physical, and mental eligibility for certification.

1. An agency may appoint an individual if the individual meets the minimum qualifications in R13-4-105 and is able to perform all the essential functions of the job of peace officer effectively, with or without reasonable accommodation, without creating a reasonable probability of substantial harm to the individual or others.

2. If an agency wishes to appoint an individual who is unable to perform all the essential functions of the job of peace officer effectively, the agency may seek a restricted certification for the individual. The Board shall determine whether placing restrictions or requirements on the individual as a condition of certification will enable the individual to perform the essential functions authorized within the restriction without creating a reasonable probability of harm to the individual or others.

B. Medical examination process.

1. Medical history. An individual applying to be appointed shall provide to the examining, board-trained, physician a written statement of the individual's medical history that includes past and present diseases, illnesses, symptoms, conditions, injuries, functionality, surgeries, procedures, immunizations, medications, and psychological information.

2. Medical examination.

a. The examining, board-trained, physician shall not delegate any part of the medical examination process to another person;

b. The examining, board-trained, physician shall review the medical history statement and take an additional verbal history from the applicant;

c. The examining, board-trained, physician shall conduct a physical examination consistent with the standard of care for occupational medical examinations;

d. The examining, board-trained, physician shall order tests, obtain medical records, and require specialist or functional examinations and evaluations that the examining physician deems necessary to determine the applicant's ability to perform all the essential functions of the job of peace officer;

e. The examining, board-trained, physician shall make a report to the agency and provide a:

i. Summary of the examination;

ii. Description of any significant medical findings;

iii. Description of any limitation to the ability to perform the essential functions of the job of a peace officer; and

iv. Medical opinion about the applicant's ability to perform the essential functions of the job of peace officer, with or without reasonable accommodations; and

f. The examining, board-trained, physician shall consult with the agency, upon request, about the report and the efficacy of any accommodations the agency deems reasonable.

J. C. This Section is effective six months after filing with the Secretary of State as required by A.R.S. § 41-1823(A).

History

Adopted effective March 23, 1989 (Supp. 89-1). References to "Council" changed to "Board" (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective January 11, 2003 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016.

Ariz. Admin. Code § R13-4-108 Agency Records and Reports

A. Agency reports. On forms prescribed by the Board, an agency shall submit:

1. A report by the agency head attesting the requirements of R13-4-105 are met for each individual appointed. The report shall be submitted to the Board before an individual attends an academy or performs the duties of a peace officer.

2. A termination report regarding a peace officer shall be submitted to the Board within 15 days of the termination and include:

a. The nature of the termination and effective date; and

b. A description of any termination for cause.

c.3. If an agency determines the termination of a peace officer is for cause, the agency shall submit to the Board a detailed description of and supporting documentation for the cause.

B. Agency records. An agency shall make its records available on request by the Board or staff. The agency shall maintain the following for each individual for whom certification is sought:

1. An application file that contains all of the information required in R13-4-103(E) and R13-4-106(C) for each individual appointed for certification as a peace officer;

2. A copy of reports submitted under subsection (A);

~~3. A signed copy of the affirmation to the Code of Ethics required under R13-4-105;~~

4.3. A written report of the results of a completed or partially completed background investigation and all written documentation obtained or recorded under R13-4-106, including information obtained regarding a Board case with an RF designation;

5.4. A completed medical report required under R13-4-107; and

6.5. A record of all requirements under R13-4-111.

C. Record retention. An agency shall maintain the records required by this Section as follows:

1. For applicants investigated under R13-4-106 who are not appointed: three years;

2. For applicants who are appointed: five years from the date of termination, except records retained under subsection (B)(5) shall be retained for three years; and

3. Reports of a polygraph examination given under R13-4-106 (C)(8) shall be maintained in accordance with state law.

D. An agency shall make the records maintained under subsection (C) available, on request, to another agency completing a background investigation under R13-4-106(C).

History

Adopted effective March 23, 1989 (Supp. 89-1). References to "Council" changed to "Board" (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 26 A.A.R. 2745, effective 12/6/2020. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-109 Denial, Revocation, Suspension, or Cancellation of Peace Officer Certified Status

A. Causes for denial, suspension, or revocation. The Board may deny certified status or suspend or revoke the certified status of a peace officer for:

1. Failing to satisfy a minimum qualification for appointment listed in R13-4-105;

2. Willfully providing false information in connection with obtaining or reactivating certified status;

3. Having a medical, physical, or mental disability that substantially limits the individual's ability to perform the duties of a peace officer effectively, or that may create a reasonable probability of substantial harm to the individual or others, for which a reasonable accommodation cannot be made;

4. Violating a restriction or requirement for certified status imposed under R13-4-109.01, R13-4-103 (G), or R13-4-104;

5. Engaging in behavior that would be disqualifying under R13-4-105(B);

6. Using or being under the influence of spirituous liquor on duty without authorization;

7. Committing a felony offense, an act that would be a felony if committed in this state, or an offense involving dishonesty, unlawful sexual conduct, or physical violence;

8. Committing malfeasance, misfeasance, or nonfeasance in office;

9. Performing the duties or exercising the authority of a peace officer without having active certified status;

10. Making a false or misleading statement, written or oral, to the Board or its representative;

11. Failing to furnish information in a timely manner to the Board or its representative on request; or

12. Engaging in any conduct or pattern of conduct that tends to disrupt, diminish, or otherwise jeopardize public trust in the law enforcement profession.

B. Cause for cancellation. The Board shall cancel the certified status of a peace officer if the Board determines the individual was not qualified when certified status was granted, and revocation is not warranted under subsection (A).

C. Cause for mandatory revocation. Upon the receipt of a certified copy of a judgment of a felony conviction of a peace officer, the Board shall revoke certified status of the peace officer.

D. Action by the Board. Upon receipt of information that cause exists to deny certification, or to cancel, suspend, or revoke the certified status of a peace officer, the Board shall determine whether to initiate action regarding the retention of certified status. The Board may conduct additional inquiries or investigations to obtain sufficient information to make a fair determination.

E. Notice of action. The Board shall notify the affected individual of Board action to initiate proceedings regarding certified status for a cause listed under subsection (A) or (B). The notice shall be served as required by A.R.S. § 41-1092.04 and specify the cause for the action. Within 30 days after receiving the notice, the individual named in the notice shall advise the Board or its staff in writing whether a hearing is requested. Failure to file a written request for hearing at the Board offices within 30 days after receiving the notice constitutes a waiver of the right to a hearing.

F. Effect of agency action. Action by an agency or a decision resulting from an appeal of that action does not preclude action by the Board to deny, cancel, suspend, or revoke the certified status of a peace officer.

History

Adopted effective March 23, 1989 (Supp. 89-1). References to "Council" changed to "Board" (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 26 A.A.R. 2745, effective 12/6/2020. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-109.01 Restriction of Certified Peace Officer Status: Training or Qualification Deficiencies

A. Restricted status. The Board shall restrict certified status if a peace officer fails to satisfy the requirements of R13-4-111.

1. The Board shall consider reports of training or qualification deficiencies at a regularly scheduled public meeting and provide a peace officer alleged to have a training or qualification deficiency the opportunity to be heard without referral to an independent hearing officer. At the public meeting, the Board shall determine only whether the peace officer has successfully completed the required training or qualification and can produce documentation to verify it.

2. The Board shall leave a restriction in effect until the training or qualification requirement is met and the peace officer files written verification of the training or qualification with the Board.

3. The Board shall provide notice of restriction or reinstatement following a restriction under this Section by regular mail to the peace officer at the employing agency address. The Board shall provide a copy of the restriction or reinstatement notice by regular mail to the agency head.

B. Firearms qualification. If a peace officer fails to satisfy R13-4-111(B), the peace officer shall not carry or use a firearm on duty.

C. Annual training. If a peace officer fails to satisfy R13-4-111(A) or (B), the peace officer shall not engage in enforcement duties, carry a firearm, wear or display a badge, wear a uniform, make arrests, perform patrol functions, or operate a marked police vehicle.

History

New Section made by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-110 [Effective until 9/5/2025] Basic Training Requirements

A. Required training for certified status. The Board shall not certify and an individual shall not perform the duties of a peace officer until the individual successfully completes basic training as follows:

1. To be certified as a full-authority peace officer, an individual shall complete the Board approved full-authority peace officer basic training course, specified in R13-4-116, at an academy and pass the CFE.

a. The Board shall ensure the CFE is administered in a secure manner.

b. The Board shall ensure that the CFE is administered during the final two weeks of the full-authority peace officer basic training course.

c. An individual passes the CFE by achieving a score of at least 70 percent on each of the three blocks of the CFE when each block is scored separately.

d. An individual who fails one or more blocks of the CFE may retake the failed block one time before the individual is scheduled to graduate from the academy.

e. An individual who fails a retake of a block of the CFE, as described in subsection (A)(1)(d), may retake the failed block once more within 60 days from the original testing date if the individual remains appointed by the original appointing agency or enrolled in the academy.

f. An individual who fails a second retake of a block of the CFE, as described in subsection (A)(1)(e), may pursue certification only by repeating the Board approved full-authority peace officer basic training course.

g. An agency head is not required to continue to appoint an individual during the 60 days permitted for a second retake of a failed block of the CFE, as described in subsection (A)(1)(e).

2. To be certified as a specialty peace officer, an individual shall complete a Board-prescribed specialty peace officer basic training course or the Board approved full-authority peace officer basic training course, specified in R13-4-116, at an academy and pass blocks of the CFE prescribed under subsection (A)(1) that are relevant to the duties of a specialty peace officer.

3. To be certified as a limited-authority peace officer, an individual shall complete a Board-prescribed limited-authority peace officer basic training course or the 585-hour full-authority peace officer basic training course, specified in R13-4-116, at an academy and pass blocks of the CFE prescribed under subsection (A)(1) that are relevant to the duties of a limited-authority peace officer.

B. Exceptions. The training requirement in subsection (A) is waived when an agency uses an individual during a:

1. Riot, insurrection, disaster, or other event that exhausts the peace officer resources of the agency and the individual is attending an academy; or

2. Field training program that is a component of a basic training program at an academy, and the individual is under the direct supervision and control of a certified peace officer.

C. Firearms training required. Unless otherwise specified in this Section, a peace officer shall complete the firearms qualification courses required in R13-4-116(E) before the peace officer carries a firearm in the course of duty.

D. Waiver of required training.

1. An agency, on behalf of an individual, may apply to the Board for a waiver of required training if:

a. The individual's certified status is lapsed;

b. The individual has functioned in the capacity of a peace officer in another state, graduated from a Peace Officer Standards and Training Academy, and worked for at least one year as a peace officer; or

c. The individual graduated from a federal law enforcement academy and worked for at least one year as a law enforcement officer.

2. The Board shall review the application and grant a waiver of required training if the Board determines that the best interests of the law enforcement profession are served, the public welfare and safety are not jeopardized, and:

1.a. The appointing agency submits to the Board written verification of the individual's previous experience and training on a form prescribed by the Board;

2.b. The individual meets the minimum qualifications listed in R13-4-105 ;

3.c. The individual complies with the requirements of R13-4-103(E)(1) ;

4.d. The appointing agency complies with the requirements of R13-4-106(C) ;

5.e. The individual successfully completes an examination measuring the individual's comprehension of the Board approved full-authority peace officer basic training course as follows:

a.i. If the individual has experience as a certified peace officer in another state or for a federal law enforcement agency and submits to the Board basic training and in-service training records that the Board determines demonstrate substantial comparability to Arizona's Board approved full-authority peace officer basic training course, the individual shall pass all blocks of the CFE; and

b.ii. If the individual's certification is lapsed, the individual shall pass all blocks of the CFE; and

c.iii. The provisions in subsections (A)(1)(a), (c), and (e) through (g) apply to this subsection; and

6.f. In addition to the examination required under subsection (D)(5), the individual demonstrates proficiency in the areas of physical conditioning, vehicle operations, pursuit operations, and firearms, including firearms qualifications, as required under R13-4-116(E)(1).

E. This Section is effective six months after filing with the Secretary of State as required by A.R.S. § 41-1823(A).

History

Adopted effective March 23, 1989 (Supp. 89-1). References to "Council" changed to "Board" (Supp. 94-3). Amended effective October 20, 1995; filed with the Secretary of State April 20, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 3201, effective January 11, 2003 (Supp. 02-3). Amended by final rulemaking at 12 A.A.R. 331, effective July 10, 2006 (Supp. 06-1). Amended by final rulemaking at 22 A.A.R. 555, effective 2/8/2016. Amended by final rulemaking at 26 A.A.R. 2745, effective six months after filing with the Secretary of State as required under A.R.S. § 41-1823(A); filed October 7, 2020, effective 4/7/2021. Amended by final rulemaking at 28 A.A.R. 1044, effective 11/4/2022.

Ariz. Admin. Code § R13-4-111 [Effective until 9/5/2025] Certification Retention Requirements

A. Training required.

1. A full-authority or specialty peace officer shall complete 12 hours of training each year beginning January 1 following the date the officer is certified.

2. Training course standards for peace officers. The provider of a training course for peace officers shall ensure that:

a. The course curriculum consists of instruction on topics related to law enforcement operations and peace officer functions and skills;

~~b. The instructor meets the requirements of R13-4-114(A)(2)(a) or (b) ;~~

c.b. An attendance verification certificate, which includes a statement that the provider believes the course meets the requirements of this Section, is given to each attendee for audit purposes;

d.c. If the training provider is an agency, an attendance roster and lesson plan or other information sufficient to determine compliance with this Section is made available upon request by the Board for Board audit; and

e. If the training provider is an outside provider that does not seek confirmation that the course meets the requirements under subsection (A)(3)(c), a copy of the lesson plan or other information sufficient to determine compliance with this Section is given to each attendee; and

~~f. If the training provider is an outside provider that seeks and receives confirmation under subsection (A)(3)(c), a copy of the Board's written confirmation is distributed to each attendee.~~

~~3. Training providers. Courses of continuing training may be conducted by the Board, an agency, or an outside provider.~~

~~a. All Board-provided continuing training courses meet the requirements of this Section.~~

~~b. Agency-provided continuing training courses meet the requirements of this Section if all the requirements of subsection (A)(2) are met.~~

c. Outside-provider continuing training courses meet the requirements of this Section if all the requirements of subsection (A)(2) are met. The Board may inform an outside provider in writing whether a continuing training course meets these requirements if a course package is submitted to the Board, in a timely manner before the training is conducted, that includes:

~~i. A description of the training course that allows the Board to determine whether the course contains advanced or remedial instruction on one or more of the topic areas specified in R13-4-116(E)(1) ;~~

ii. The name of the individual, or if applicable, the institution or organization, providing the training with sufficient information to allow the Board to determine whether the requirements of R13-4-114(A)(2)(a) or (b) are met;

~~iii. A course schedule listing the number of instructional hours; and~~

iv. An attestation that the outside provider shall, upon request by the Board, make the lesson plan or other information sufficient to determine compliance with this Section available for Board audit, and shall ensure that the requirement of subsection (A)(2)(b) is met.

d. The Board's confirmation that a continuing training course conducted by an outside provider meets the requirements of this Section is not an evaluation of the content of the course. Rather, confirmation indicates only that the topic of the course is consistent with R13-4-116(E)(1) . Confirmation is effective as long as the information submitted to the Board under subsection (A)(3)(c) is unchanged.

e. The Board shall withdraw confirmation that a continuing training course conducted by an outside provider meets the requirements of this Section if the Board receives information that the course content conflicts with the basic peace officer course content and the Board finds that the conflict creates an issue of public safety, liability, or ethics.

f.d. If an agency wishes to host a vendor-provided training course:

i. Both the agency and vendor shall comply with the provisions of subsection (A)(2); and

ii. The agency shall provide the statement described under subsection (A)(2)(b).

iii. The outside provider shall distribute to each attendee an attendance verification certificate described under subsection (A)(2)(c) and a copy of the confirmation received under subsection (A)(3)(f)(ii); and

iv. Upon request, the agency shall make available to the Board the lesson plan and other information used to determine the outside-provider continuing training course met the requirements of this Section.

4.3. Required records. A peace officer shall provide to the appointing agency a copy of all documents provided to the peace officer under subsection (A)(2)(b). The appointing agency shall maintain the documents and make them available, upon request by the Board, for Board audit.

B. ~~Proficiency training required.~~

1. To retain certification, a peace officer who is not in a Sergeant or higher rank within the peace officer's appointing agency shall complete eight hours of proficiency training every three years beginning January 1, following the date the peace officer is certified.

~~2. Proficiency training course standards. The provider of a proficiency training course for peace officers shall ensure that:~~

a. The training requires physical demonstration of one or more performance objectives included in the 585-hour full-authority peace officer basic training course under R13-4-116 and demonstration of the use of judgment in the application of the physical act;

~~b. The curriculum consists of advanced or remedial instruction on one or more of the following topic areas:~~

~~i. Arrest and control tactics,~~

~~ii. Tactical firearms (not the annual firearms qualification required under this Section),~~

~~iii. Emergency vehicle operations,~~

~~iv. Pursuit operations,~~

~~v. First aid and emergency care,~~

~~vi. Physical conditioning, and~~

~~vii. High-risk stops;~~

~~c. The instructor meets the requirements of R13-4-114(A)(2)(c) ;~~

~~d. An attendance verification certificate, which includes a statement that the provider believes the course meets the requirements of this Section, is given to each attendee for audit purposes; and~~

e. If the training provider is an agency, an attendance roster and lesson plan or other information sufficient to determine compliance with this Section is made available upon request by the Board for Board audit.

~~3. Training providers. Courses that qualify for proficiency training credit may be conducted by the Board or an agency.~~

~~a. All Board-provided proficiency training courses meet the requirements of this Section.~~

~~b. Agency-provided proficiency training courses meet the requirements of this Section if all the requirements of subsection (B)(2) are met.~~

4. Required records. A peace officer shall provide to the appointing agency a copy of the document provided to the peace officer under subsection (B)(2)(d). The appointing agency shall maintain and make the document available, upon request by the Board, for Board audit.

C. B. Firearms qualification required. In addition to the training required under subsection (A), a peace officer authorized to carry a firearm shall qualify to continue to be authorized to carry a firearm each year beginning January 1 following certification by completing a Board-prescribed firearms qualification course, using a service handgun and service ammunition, and a Board-prescribed target identification and judgment course.

Firearms qualification course standards.

a. A firearms qualification course is a course:

i. Prescribed under R13-4-116(E)(1), or

ii. Determined by the Board to measure firearms competency at least as accurately as courses prescribed under R13-4-116(E)(1).

b. The provider of a firearms qualification course shall ensure that the course includes:

i. A timed accuracy component;

ii. A type and style of target that is equal to, or more difficult than, targets used in a course prescribed under R13-4-116(E)(1) ; and

iii. A success criterion that is equal to, or more difficult than, criteria used in a course prescribed under R13-4-116(E)(1).

2. Firearms target identification and judgment course standards.

a. A firearms target identification and judgment course is a course:

i. Prescribed under R13-4-116(E)(1), or

ii. Determined by the Board to measure target identification and judgment competency at least as accurately as courses prescribed under R13-4-116(E)(1).

b. The provider of a firearms target identification and judgment course shall ensure that the course includes:

i. A timed accuracy component;

ii. A type and style of target discrimination test that is equal to, or more difficult than, those used in a course prescribed under R13-4-116(E)(1) ; and

iii. A success criterion that is equal to, or more difficult than, criteria used in a course prescribed under R13-4-116(E)(1).

3. The provider of a firearms qualification or firearms target identification and judgment course shall ensure that the course is taught by a firearms instructor who meets the requirements of R13-4-114(A)(2)(c).

D. C. This Section is effective six months after filing with the Secretary of State as required by A.R.S. § 41-1823(A).

History

Adopted effective March 23, 1989 (Supp. 89-1). References to "Council" changed to "Board" (Supp. 94-3). Amended effective October 20, 1995; filed with the Secretary of State April 20, 1995 (Supp. 95-2). Section repealed; new Section made by final rulemaking at 8 A.A.R. 3201, effective January 11, 2003 (Supp. 02-3). Amended by final rulemaking at 12 A.A.R. 331, effective July 10, 2006 (Supp. 06-1). Amended by final rulemaking at 22 A.A.R. 555, effective 2/8/2016. Amended by final rulemaking at 26 A.A.R. 2745, effective six months after filing with the Secretary of State as required under A.R.S. § 41-1823(A); filed October 7, 2020, effective 4/7/2021. Amended by final rulemaking at 28 A.A.R. 3431, effective 4/5/2023.

Ariz. Admin. Code § R13-4-112 Time Frames

A. For the purposes of A.R.S. § 41-1073, the Board establishes the following time frames for peace officer certification:

1. Administrative completeness review time frame: 90 days.

Substantive review time frame: 180 days.

3. Overall time frame: 270 days.

B. The administrative completeness review time frame begins on the date the Board receives the report required by R13-4-108(A)(1) from an appointing agency.

1. Within 90 days, the Board shall review the report and issue to the appointing agency a notice of administrative completeness or a notice of administrative deficiency that lists each document or item of information establishing compliance with R13-4-105 that is missing.

2. If the Board issues a notice of administrative deficiency, the appointing agency shall make the missing documents and information available to the Board within 90 days of the date of the notice. The administrative completeness review time frame is suspended from the date of the deficiency notice until the date the missing documents and information are made available to the Board.

3. If the appointing agency fails to make available all missing documents and information within the 90 days provided, the Board shall close the applicant's file. An applicant whose file is closed and who wants to be certified shall apply again under R13-4-103.

4. When the file is administratively complete, the Board shall provide written notice of administrative completeness to the appointing agency.

C. The substantive review time frame begins on the date the Board issues the notice of administrative completeness.

1. During the substantive review time frame, the Board may make one comprehensive written request for additional information.

2. The appointing agency shall make available to the Board the additional information identified in the request for additional information within 60 days. The time frame for the Board to finish the substantive review of the application is suspended from the date of the request for additional information until the additional information is made available to the Board.

3. If the appointing agency fails to make available the additional information requested within the 60 days provided, the Board shall close the applicant's file. An applicant whose file is closed and who wants to be certified shall apply again under R13-4-103.

4. When the substantive review is complete, the Board shall grant or deny certification.

History

Adopted effective March 23, 1989 (Supp. 89-1). References to "Council" changed to "Board" (Supp. 94-3). Adopted effective October 20, 1995; filed with the Secretary of State April 20, 1995 (Supp. 95-2). Section repealed; new Section made by final rulemaking at 8 A.A.R. 3201, effective January 11, 2003 (Supp. 02-3). Amended by final rulemaking at 12 A.A.R. 331, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016.

Ariz. Admin. Code § R13-4-113 [REPEALED]

History

Adopted effective March 23, 1989 (Supp. 89-1). Amended effective August 6, 1991 (Supp. 91-3). Reference to "Council" changed to "Board" (Supp. 94-3). Amended effective October 20, 1995; filed with the Secretary of State April 20, 1995 (Supp. 95-2). Section repealed by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3).

Ariz. Admin. Code § R13-4-114 Minimum Course Requirements

A. Instructors. An academy administrator shall ensure only an instructor who meets the requirements of this Section instructs a Board-prescribed course.

1. Instructor classifications.

a. General instructor. An individual qualified to teach topics not requiring a proficiency instructor under subsection (A)(1)(c).

b. Specialist instructor. An individual, other than an active Arizona peace officer, qualified to teach a topic in which the instructor has special expertise but who does not qualify for general instructor status.

c. Proficiency instructor. An individual qualified to teach a topic area listed in R13-4-116(E)(1)(h).

2. Instructor qualification standards.

a. A general instructor shall meet the following requirements:

i. Have two years' experience as a certified peace officer;

ii. Maintain instructional competency; and

iii. Successfully complete a Board-sponsored instructor training course or an instructor training course that contains all of the performance objectives and demonstrations of the Board-sponsored instructor course.

b. A specialist instructor shall meet the requirements of subsections (A)(2)(b)(i) and (A)(2)(b)(ii) and either subsection (A)(2)(b)(iii) or (A)(2)(b)(iv):

i. Be nominated by the administrator of an academy authorized to provide a peace officer basic training course;

ii. Maintain instructional competency;

iii. Possess a professional license or certification other than an active peace officer certification that relates to the topics to be taught; and

iv. Provide documentation to the academy administrator for forwarding to the Board that demonstrates the expertise and ability to enhance peace officer training in a special field.

c. A proficiency instructor shall meet the requirements of subsections (A)(2)(c)(i) and (A)(2)(c)(ii) and either subsection (A)(2)(c)(iii) or (A)(2)(c)(iv):

i. Meet the requirements for general instructor;

ii. Maintain instructional competency;

iii. Successfully complete a proficiency instructor course in a topic area listed in R13-4-116(E)(1)(h) that includes a competency assessment to instruct in that area within the full-authority peace officer basic training course listed in R13-4-116(E); and

iv. Complete a form prescribed by the Board that documents advanced training and experience in the topic area including a competency assessment to instruct in that area within the full-authority peace officer basic training course listed in R13-4-116(E).

d. A proficiency instructor shall meet the requirements of subsection (A)(2)(c) separately for each topic area listed in R13-4-116(E)(1)(h) for which the proficiency instructor seeks qualification.

3. Instructional competency. An academy administrator shall immediately notify the Board in writing of any instructor:

a. Who jeopardizes the safety of students or the public,

b. Whose instruction violates acceptable training standards,

c. Who is grossly deficient in performance as an instructor, or

d. Who is a proficiency instructor and fails to complete satisfactorily the competency assessment to instruct in the instructor's topic area within the full-authority peace officer basic training course.

4. If the Board determines an instructor fails to comply with the provisions of this Section, has an instructional deficiency, or fails to maintain proficiency, any course instructed by the instructor does not meet the requirements of this Section.

B. Curriculum standards. An academy administrator or agency head shall ensure the curriculum for a Board-prescribed course meets the following standards:

1. Curriculum.

a. Curriculum development employs valid, job-based performance objectives and learning activities, and promotes student, officer, and public safety, as determined by a scientifically conducted validation study of the knowledge, skills, abilities, and aptitudes needed by the affected category of Arizona peace officer.

b. The curriculum meets or exceeds the requirements of subsection (B)(2), unless otherwise provided in this Section.

2. Curriculum format standard. The curriculum consists of the following:

a. A general statement of instructional intent that summarizes the desired learning outcome, is broad in scope, and includes long-term or far-reaching learning goals;

b. Lesson plans containing:

i. Course title,

ii. Hours of instruction,

iii. Materials and aids to be used,

iv. Instructional strategy,

v. Topic areas in outline form,

vi. Performance objectives or learning activities,

vii. Success criteria, and

viii. Reference material;

c. Performance objectives consisting of at least the following components:

i. The student, which is an individual or group that performs a behavior as the result of instruction;

ii. The behavior, which is an observable demonstration by the student at the end of instruction that shows that the objective is achieved and allows evaluation of the student's capabilities to perform the behavior; and

iii. The conditions, which is a description of the important conditions of instruction or evaluation under which the student performs the behavior. Unless specified otherwise within the lesson plan, instruction and evaluation will be in written or oral form; and

d. Learning activities. A student is not required to demonstrate mastery of learning activities as a condition for successfully completing the training. Learning activities are subject areas for which performance objectives are not appropriate because either:

i. Reliable and meaningful assessment of mastery of the material would be extremely difficult or impossible, or

ii. Mastery of the material is not likely to bear a direct relationship to the ability to perform entry-level peace officer job duties.

~~e. The following decimal numbering system to provide a logical means of organization:~~

~~i. Functional area (1.0, 2.0, 3.0),~~

~~ii. Topic area (1.1.0, 1.2.0, 1.3.0), and~~

~~iii. Performance objective or learning activity (1.1.1, 1.1.2, 1.1.3).~~

C. The Board shall maintain and provide upon request a copy of curricula that meet the standards of this Section.

History

Adopted effective March 23, 1989 (Supp. 89-1). References to "Council" changed to "Board" (Supp. 94-3). Section repealed; new Section made by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 12 A.A.R. 331, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 26 A.A.R. 2745, effective 12/6/2020. Amended by final rulemaking at 28 A.A.R. 3431, effective 12/4/2022. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-115 [REPEALED]

History

Adopted effective March 23, 1989 (Supp. 89-1). References to "Council" changed to "Board" (Supp. 94-3). Section repealed by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3).

Ariz. Admin. Code § R13-4-116 Academy Requirements

A. Unless otherwise provided in this Article, only the basic training provided by an academy that the Board determines meets the standards prescribed in this Section may be used to qualify for certified peace officer status.

B. The academy administrator shall ensure the academy has the following:

1. A classroom with adequate heating, cooling, ventilation, lighting, and space;

2. Chairs with tables or arms for writing;

3. Visual aid devices for classroom presentation;

4. Equipment in good condition for specialized instruction;

5. A safe driving track for conducting the vehicle and pursuit operations course;

6. A firearm range with adequate backstop to ensure the safety of all individuals on or near the range; and

7. A safe location for practical exercises including assessing physical conditioning, defensive tactics, and high-risk vehicle stops.

C. Administrative requirements. The academy administrator shall ensure the academy:

1. Establishes and maintains written policies, procedures, and rules concerning:

a. Operation of the academy,

b. Entrance requirements,

c. Student and instructor conduct, and

d. Administering examinations;

2. Admits only individuals who meet the requirements of R13-4-105, as electronically or otherwise attested to the Board by the appointing agency or, in the case of an open enrollee, by the academy administrator, on or before the first day of training;

3. Administers to each student at the beginning of each academy session a written examination measuring competency in reading and writing English;

4. Schedules sufficient time for the CE to be administered as required by R13-4-110(A); and

5. Uses only instructors who are qualified under R13-4-114(A).

D. Academic requirements. The academy administrator shall ensure the academy:

1. Establishes a curriculum with performance objectives and learning activities that meet the requirements of subsection (E) and R13-4-114(B);

2. Requires instructors to use lesson plans that cover the course content and list the performance objectives to be achieved and learning activities to be used;

Administers written, oral, or practical demonstration examinations that measure the attainment of the performance objectives;

4. Reviews examination results with each student and ensures the student is shown any necessary corrections and signs and dates an acknowledgment that the student participated in the review;

5. Requires a student to successfully complete oral or written examinations that cover all topics of the Board-approved full-authority peace officer basic training course before graduating.

a. Successful completion of an examination is a score of 70 percent or greater;

b. For a student who scores less than 70 percent, the academy shall:

i. Provide remedial training, and

ii. Re-examine the student in the area of deficiency; and

c. The academy shall allow a student to retake each examination only once;

6. Requires a student to qualify with firearms as described in subsection (E);

7. Ensures a student meets the success criteria for police proficiency skills under subsection (E)(1);

8. Provides remedial training for a student who misses a class from the Board-approved full-authority peace officer basic training course before allowing the student to graduate; and

9. Refuses to graduate a student who has missed and failed to make up any classes from the Board-approved full-authority peace officer basic training course.

E. Basic course requirements. The academy administrator shall ensure the academy uses curricula that meet the requirements of R13-4-114 for the following basic courses of instruction.

1. The Board-approved full-authority peace officer basic training course shall include all of the following topics:

a. Introduction to Law Enforcement.

i. Criminal justice systems,

ii. History of law enforcement,

iii. Law enforcement services,

iv. Supervision and management,

v. Ethics and professionalism, and

vi. Stress management.

b. Law and Legal Matters.

i. Introduction to criminal law;

ii. Laws of arrest;

iii. Search and seizure;

iv. Rules of evidence;

v. Summonses, subpoenas, and warrants;

vi. Civil process;

vii. Administration of criminal justice;

viii. Juvenile law and procedures;

ix. Courtroom demeanor;

x. Constitutional law;

xi. Substantive criminal law, A.R.S. Titles 4, 13, and 36; and

xii. Liability issues.

c. Patrol Procedures.

i. Patrol and observation

~~ii. Patrol and observation (part 2),~~

~~iii.~~ii. Domestic violence,

~~iv.~~iii. Behavioral health crisis response,

v.iv. Crimes in progress,

~~vi.~~v. Crowd control formations and tactics,

~~vii.~~vi. Bomb threats and disaster training,

~~viii.~~vii. Intoxication cases,

~~ix.~~viii. Communication and police information systems,

x.ix. Hazardous materials,

~~xi.~~x. Bias-motivated crimes,

~~xii.~~xi. Fires, and

~~xiii.~~xii. Civil Disputes.

d. Traffic Control.

i. Impaired driver cases;

ii. Traffic citations;

iii. Traffic collision investigation;

iv. Traffic collision (practical);

v. Traffic direction; and

vi. Substantive Traffic Law, A.R.S. Title 28.

e. Crime Scene Management.

i. Preliminary investigation and crime scene management,

ii. Crime scene investigation (practical),

iii. Physical evidence procedures,

iv. Interviewing and questioning,

v. Fingerprinting,

vi. Sex crimes investigations,

vii. Death investigations including sudden infant death syndrome,

viii. Organized crime activity,

ix. Investigation of specific crimes, and

x. Narcotics and dangerous drugs.

f. Community and Police Relations.

i. Cultural awareness,

ii. Victimology,

iii. Interpersonal communications,

iv. Crime prevention, and

v. Police and the community.

g. Records and Reports. Report writing.

h. Police Proficiency Skills.

i. First aid,

ii. Less lethal operations (including certification),

iii. Firearms training (including firearms qualification),

iv. Physical conditioning,

v. High-risk stops,

vi. Arrest and control tactics,

vii. Vehicle and pursuit operations,

viii. Active assailant response.

i. Orientation and Introduction.

i. Examinations and reviews,

ii. Counseling, and

iii. Non-Board specified courses.

2. The specialty peace officer basic training course shall include all of the topics necessary from the Board-approved full-authority peace officer basic training course for the curriculum to meet the requirements of R13-4-114(B).

3. Administrative functions such as orientation, introductions, examinations and reviews, and counseling are exempt from the requirements of R13-4-114(B).

F. Records required. The academy administrator shall ensure the following records are maintained and made available for inspection by the Board or staff. The academy administrator shall provide to the Board copies of records upon request.

1. A record of all students attending the academy;

2. A manual containing the policies, procedures, and rules of the academy;

3. A document signed by each student indicating the student received and read a copy of the academy policies, procedures, and rules;

4. A copy of all lesson plans used by instructors;

5. An annually signed and dated acknowledgment that the academy administrator reviewed and approved each lesson plan used at the academy;

6. A copy of all examinations, answer sheets or records of performance, and examination review acknowledgments;

7. An attendance roster for all classes or other record that identifies absent students;

8. A record of classes missed by each student and the remedial training received;

9. A record of disciplinary actions for all students; and

10. A file for each student containing the student's performance history.

G. Reports required. The academy administrator shall submit to the Board:

1. At least 10 working days before the start of each academy session, a complete schedule of classes containing the name of the instructor for each class and the training location;

2. No more than five working days after the start of each academy session, on a form prescribed by the Board, a roster indicating whether a student is an open enrollee or appointed and if appointed, identifying the appointing agency, and the full name and Social Security number of each student;

3. No more than five working days after dismissing a student from the academy, notification of the dismissal and the reason;

4. No later than the tenth day of each month, a report containing:

a. A summary of training activities and progress of the academy class to date;

b. Unusual occurrences, accidents, or liability issues; and

c. Other problems or matters of interest noted in the course of the academy, if not included under subsection (G)(4)(b);

5. No more than 10 working days after the end of each academy session, a complete schedule of classes containing the name of the instructor for each class and the training location;

6. No more than 10 working days after the end of each academy session, on a form prescribed by the Board, a roster indicating whether a student is an open enrollee or appointed and if appointed, identifying the appointing agency, and the full name and Social Security number of each student successfully completing the training.

H. Required inspections. Before an academy provides training to individuals seeking certification for any category of peace officer, the Board staff shall conduct an onsite inspection of the academy to determine compliance with this Section and R13-4-114. Board staff shall conduct additional inspections as often as the Board deems necessary.

1. Within 30 days after the inspection, the Board staff shall provide to the academy administrator an inspection report that lists any deficiencies identified and remedial actions the academy is required to take to comply with the standards of this Section and R13-4-114.

2. Within 30 days after receipt of the inspection report, the academy administrator shall submit to the Board a response that indicates the progress made to complete the remedial actions necessary to correct the deficiencies described in the inspection report. The academy administrator shall submit to the Board additional responses every 30 days until all remedial action is complete.

3. Within 30 days after receipt of notice that all remedial action is complete, Board staff shall conduct another inspection.

4. Following each inspection, Board staff shall present an inspection report to the Board describing the academy's compliance in meeting the standards of this Section and R13-4-114.

I. If an academy does not conduct a peace officer basic training course for 12 consecutive months, the academy shall not provide training until Board staff conducts another inspection as required by subsection (H). Otherwise, an academy may continue to provide training unless the Board determines the academy is not in compliance with the standards of this Section or R13-4-114.

J. If the Board finds an academy fails to comply with the provisions of this Section or R13-4-114, the academy shall not provide training to individuals seeking to be certified as peace officers.

K. An academy administrator shall ensure an open enrollee is admitted only after the academy administrator complies with every requirement of an agency or agency head imposed by R13-4-105, R13-4-106, R13-4-107, and R13-4-108 except for R13-4-106(C)(4).

History

Adopted effective March 23, 1989 (Supp. 89-1). References to "Council" changed to "Board" (Supp. 94-3). Amended effective October 20, 1995; filed with the Secretary of State April 20, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 12 A.A.R. 331, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 26 A.A.R. 2745, effective 12/6/2020. Amended by final rulemaking at 28 A.A.R. 1044, effective 7/3/2022. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-117 Training Expense Reimbursements

A. Approval of training courses. The Board shall approve or deny training courses for training expense reimbursement based on compliance with this Section and R13-4-111, and availability of funds.

B. Application for reimbursement. Before the beginning of a training program described in R13-4-111, an agency planning to participate in the training and apply for reimbursement, shall notify the Board on prescribed forms.

C. Claim for reimbursement. When an individual completes a training course, the appointing agency may submit a claim for reimbursement on a form prescribed by the Board. The agency shall submit the claim within 60 days after the training is completed.

D. Allowable reimbursements. The Board shall allow the following reimbursements subject to the limits on the amount of reimbursement as determined by the Board under subsection (E):

1. The state-approved rate for lodging while a peace officer attended a training course,

2. Tuition for a training course on a pro-rata basis for the actual hours of training attended, and

3. Other expenses incurred by a peace officer.

E. Limitations on reimbursements. The following limitations apply to applications for reimbursement involving training courses.

The Board shall not reimburse an agency if the peace officer has previously completed the same training course within three years;

2. The Board shall not reimburse an agency for a peace officer who fails to complete a training course except upon request of the appointing agency. The agency shall present the reasons for the non-completion to the Board with the request for reimbursement; and

3. The Board shall not reimburse an agency for the cost of insurance, medical, pension, uniform, clothing, equipment, or other benefits or expenses of a peace officer while attending a training course.

F. Academy reimbursement. The Board may reimburse an academy for the actual costs of materials, books, ammunition, registration fees and tuition, necessary for completion of a basic course up to the limits set by the Board. To receive reimbursement, an academy shall furnish paid receipts or invoices or other information as required by the Board to verify costs incurred. The Board shall not reimburse an academy for costs incurred for registration fees, tuition, books, materials, or ammunition for a peace officer, if the Board has made these reimbursements for the peace officer's previous attendance at an academy.

History

Adopted effective March 23, 1989 (Supp. 89-1). References to "Council" changed to "Board" (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 28 A.A.R. 1044, effective 7/3/2022.

Ariz. Admin. Code § R13-4-118 Hearings; Rehearings

A. If a respondent makes a request for hearing under R13-4-109(E), the hearing shall be held in accordance with A.R.S. Title 41, Chapter 6, Article 10.

B. If a respondent fails to comply with the requirements under R13-4-109(E) within 30 days of the notice of action sent under R13-4-109(E), the Board may consider the case based on the information available.

C. If a respondent requests a hearing, but fails to appear at the hearing, the Board or administrative law judge may vacate the hearing. If a hearing is vacated, the Board may deem the acts and violations charged in the notice of action admitted, and impose any of the sanctions provided by A.R.S. § 41-1822(D)(1).

D. The Board shall render a decision in writing. The Board shall serve notice of the decision on each party as required by A.R.S. § 411092.04.

E. Except as provided in subsection (I), a party is required to file a motion for rehearing or review of a Board decision to exhaust the party's administrative remedies.

F. A party may file a motion for rehearing or review of a decision with the Board not later than 30 days after service of the Board's decision, specifying the particular grounds for the motion.

G. The Board may grant a rehearing or review of a decision for any of the following reasons materially affecting the moving party's rights:

1. Irregularity in the administrative proceedings, or any abuse of discretion that deprived the moving party of a fair hearing;

2. Misconduct of the Board, the administrative law judge, or the prevailing party;

3. Mistake or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the hearing;

5. Error in the admission or rejection of evidence or other errors of law occurring at the hearing; or

6. The decision was not justified by the evidence or the decision was contrary to law.

H. The Board may affirm or modify the decision or grant a rehearing to any or all of the parties, on part or all of the issues, for any of the reasons in subsection (G). An order granting a rehearing shall specify the particular issues in the rehearing and the rehearing shall concern only the matters specified.

I. If the Board makes a specific finding that a particular decision needs to be effective immediately to preserve the public peace, health, or safety and that a review or rehearing of the decision is impracticable, unnecessary, or contrary to the public interest, the Board shall issue the decision as a final decision without an opportunity for rehearing or review.

History

Adopted effective March 23, 1989 (Supp. 89-1). References to "Council" changed to "Board" (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 28 A.A.R. 1044, effective 7/3/2022.

Article 2 CORRECTIONAL OFFICERS

Ariz. Admin. Code § R13-4-201 Definitions

The definitions in A.R.S. § 41-1661 apply to this Article. Additionally, unless the context otherwise requires:

"Academy" means the Correctional Officer Training Academy (COTA) of the Arizona Department of Corrections, Rehabilitation and Reentry in Tucson, Arizona, or a satellite location authorized by the Director.

"Appointment" means the selection of an individual as a correctional officer.

"Applicant" means an individual who applies to be a correctional officer.

"Cadet" means an individual who is attending the academy and, upon graduation, will become a state correctional officer.

"Dangerous drug or narcotic" is defined in R13-4-101.

"Department" means the Arizona Department of Corrections, Rehabilitation and Reentry.

"State correctional officer" means an individual employed by the Department in the correctional officer series.

History

Adopted effective December 16, 1992, filed June 16, 1992 (Supp. 82-2). Reference to "Council" changed to "Board" and definitions relabeled accordingly (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 28 A.A.R. 1044, effective 7/3/2022. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-202 Uniform Minimum Standards

A. To be admitted to the academy for training as a state correctional officer, an individual shall:

1. Be a citizen of the United States or eligible to work in the United States;

2. Be at least 18 years of age by the date of graduation from the academy;

3. Be a high school graduate or have successfully completed a General Education Development (G.E.D.) examination or equivalent as specified in R13-4-203(C)(3);

4. Have a valid Arizona driver's license by the date of graduation from the academy;

5. Undergo a complete background investigation that meets the standards of R13-4-203;

6. Undergo a physical examination (within 12 months before appointment) as prescribed by the Director by a licensed physician designated by the Director;

7. Not have been dishonorably discharged from the United States Armed Forces;

8. Not have used a dangerous drug or narcotic, as defined at A.R.S. § 13-3401, within the past five years;

9. Not have a pattern of abuse of prescription medication; and

10. Not have committed a felony or a misdemeanor of a nature that the Director determines has a reasonable relationship to the functions of the position, in accordance with A.R.S. § 13-904(E).

B. If the Director wishes to appoint an individual whose conduct is grounds to deny certification under R13-4-109, the Director may petition the Board for a determination that the otherwise disqualifying conduct constitutes juvenile indiscretion by complying with R13-4-105(D).

C. B. Code of Ethics. To enhance the quality of performance and the conduct and the behavior of correctional officers, an individual appointed to be a correctional officer shall commit to the following Code of Ethics and shall affirm the commitment by signing the Code:

"I shall maintain high standards of honesty, integrity, and impartiality, free from any personal considerations, favoritism, or partisan demands. I shall be courteous, considerate, and prompt when dealing with the public, realizing that I serve the public. I shall maintain mutual respect and professional cooperation in my relationships with other staff members.

I shall be firm, fair, and consistent in the performance of my duties. I shall treat others with dignity, respect, and compassion, and provide humane custody and care, void of all retribution, harassment, or abuse. I shall uphold the Constitutions of the United States and the state of Arizona, and all federal and state laws. Whether on or off duty, in uniform or not, I shall conduct myself in a manner that will not bring discredit or embarrassment to my agency or the state of Arizona.

I shall report without reservation any corrupt or unethical behavior that could affect either inmates, employees, or the integrity of my agency. I shall not use my official position for personal gain. I shall maintain confidentiality of information that has been entrusted to me and designated as such.

I shall not permit myself to be placed under any kind of personal obligation that could lead any person to expect official favors. I shall not accept or solicit from anyone, either directly or indirectly, anything of economic value such as a gift, gratuity, favor, entertainment, or loan, that is or may appear to be, designed to influence my official conduct. I will not discriminate against any inmate, employee, or any member of the public on the basis of race, gender, creed, or national origin. I will not sexually harass or condone sexual harassment of any person. I shall maintain the highest standards of personal hygiene, grooming, and neatness while on duty or otherwise representing the state of Arizona."

History

Adopted effective December 16, 1992, filed June 16, 1992 (Supp. 82-2). Reference to "Council" changed to "Board" (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 25 A.A.R. 1268, effective 4/25/2019. Amended by final rulemaking at 28 A.A.R. 1044, effective 7/3/2022. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-203 Background Investigation

A. The Department shall conduct a background investigation before an applicant is admitted to the academy. The Department shall review the personal history statement submitted under subsection (B) and the results of the background investigation required in subsection (C) to determine whether the individual meets the requirements of R13-4-202 and the individual's personal history statement is accurate and truthful.

B. Personal history. An applicant shall complete and submit to the Department, the personal history statement prescribed by the Department. The applicant shall complete the personal history statement before the start of the background investigation and ensure the personal history statement provides the information necessary for the Department to conduct the investigation described in subsection (C).

C. Investigative requirements. Before admitting an applicant to the academy, the Department shall collect, verify, and retain documents establishing that the applicant meets the standards specified in this Article. At a minimum, this documentation shall include:

1. Proof of the applicant's age and United States citizenship or eligibility to work in the United States. A copy of any of the following regarding the applicant is acceptable proof:

a. Birth certificate,

b. United States passport,

c. Certification of United States Naturalization,

d. Certificate of Nationality, or

e. Immigration Form I-151 or I-1551.

2. Proof of the applicant's valid driver's license. A copy of the applicant's driver's license and written verification of the applicant's driving record from the applicable state's Department of Transportation, Motor Vehicle Division, is required proof.

3. Proof the applicant is a high school graduate or its equivalent. The following are acceptable proof:

a. A copy of a diploma from a high school recognized by the department of education of the jurisdiction in which the diploma is issued;

b. A copy of a certificate showing successful completion of the General Education Development (G.E.D.) test; or

c. In the absence of proof of high school graduation or successful completion of the G.E.D. test,

i. A copy of a degree or transcript from an accredited college or university showing successful completion of high school or high school equivalency;

ii. A United States Military Service Record DD Form 214-#4 with the Education block indicating high school completion,

iii. A copy of a diploma, certificate of completion, or transcripts issued by a private school in Arizona that includes the individual's name and a signed affirmation of the school administrator that the individual named received the equivalent of a high school education; or

iv. Other evidence of high school education equivalency submitted to the Board for consideration.

4. Record of any military discharge. A copy of the Military Service Record (DD Form 214-#4 or NGB Form 22), which documents the character of service, separation code, and reentry code, is acceptable proof.

5. Results of a psychological fitness assessment approved by the Director and conducted by a psychologist or psychiatrist designated by the Department.

~~6. Personal references: The names and addresses of at least three individuals who can provide information regarding the applicant.~~

7.6. Previous employers or schools attended. The names and addresses of all employers of and schools attended by the applicant for the past five years.

8.7. Residence history. The complete address for every location at which the applicant has lived in the last five years.

9.8. Law enforcement agency records. The Department shall request and review law enforcement agency records in jurisdictions where the applicant has lived, worked, or attended school in the past five years. The Department shall document the information obtained.

~~10.~~9. Criminal history query. The Department shall query the National Crime Information Center/Interstate Identification Index (NCIC/III), and the Arizona Criminal Information Center/Arizona Computerized Criminal History (ACIC/ACCH), or the equivalent for each state where the applicant has lived, worked, or attended school in the past five years and review the criminal history record for any arrest or conviction to determine compliance with R13-4-202.

~~11.~~10. Fingerprint card. The Department shall obtain from an applicant and submit a fingerprint card for processing by the Arizona Department of Public Safety and the Federal Bureau of Investigation.

a. The Department shall process a fingerprint card for an applicant entering the academy, except as provided in subsections (C)(10)(b) and (c). The Department shall process a fingerprint card for an applicant even if the applicant has a processed applicant fingerprint card from a previous employer.

b. If the fingerprint card is not fully processed when the applicant is ready to enter the academy, the Department may allow the applicant to attend the academy if:

i. A computerized criminal history check has been made and the results are on file with the Department, and

ii. The applicant meets all other requirements of this Section and R13-4-202.

c. If the Department has not received a fully processed fingerprint card within 15 weeks of the date of admission to the academy, the individual does not meet the requirements of this Section and may be terminated from the academy. The Department may extend the deadline for receipt of a processed fingerprint card an additional 15 weeks. An individual terminated from the academy under this subsection may be re-employed under R13-4-208 when a fully processed fingerprint card is received.

History

Adopted effective December 16, 1992, filed June 16, 1992 (Supp. 82-2). Reference to "Council" changed to "Board" (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 28 A.A.R. 1044, effective 7/3/2022. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-204 Records

~~A. Reports. The Department shall submit to the Board a report by the Director attesting that each individual completing the academy meets the requirements of R13-4-202 .~~

B. A. The Department shall make records available upon request to the Board or its staff. The Department shall keep the records in a central location. The Department shall maintain:

~~1. A copy of reports submitted under subsection (A);~~

2.1. All written documentation obtained or recorded under R13-4-202 and R13-4-203; and

3.2. A record of all advanced training, specialized training, continuing education, and firearms qualification conducted under R13-4-206.

C. B. The Department shall maintain the records required by this Section as follows:

1. For applicants investigated under R13-4-203 who are not appointed: two years; and

2. For applicants who are appointed: five years from the date of termination, except records retained under subsection (A)(2), shall be retained for three years.

History

Adopted effective December 16, 1992, filed June 16, 1992 (Supp. 82-2). References to "Council" changed to "Board" (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-205 Basic Training Requirements

A. Before appointment as a state correctional officer, an individual shall complete a Board-approved basic correctional officer training program. This program shall meet or exceed the requirements of this Section.

~~B. Curricula or training material approval time frames.~~

~~1. For the purposes of A.R.S. § 41-1073, the Board establishes the following time frames for curricula or training material that require Board approval under this Section and R13-4-206 .~~

~~a. Administrative completeness time frame: 60 days.~~

~~b. Substantive review time frame: 60 days.~~

~~c. Overall time frame: 120 days.~~

~~2. The administrative completeness review time frame begins on the date the Board receives the documents required by this Section or R13-4-206.~~

a. Within 60 days, the Board shall review the documents and issue to the Department a statement of administrative completeness or a notice of administrative deficiencies that lists each item required by this Section that is missing.

b. If the Board issues a notice of administrative deficiency, the Department shall submit the missing documents and information within 90 days of the notice. The administrative completeness time frame is suspended from the date of the deficiency notice until the date the Board receives the missing documents and information.

~~c. If the Department fails to provide the missing documents within the 90 days provided, the Board shall deny the approval.~~

~~d. When the file is administratively complete, the Board shall provide written notice of administrative completeness to the Department.~~

~~3. The substantive review time frame begins on the date the Board issues the notice of administrative completeness.~~

~~a. During the substantive review time frame, the Board may make one comprehensive written request for additional information.~~

b. The Department shall submit to the Board the additional information identified in the request for additional information within 60 days. The time frame for the Board to finish the substantive review of the application is suspended from the date of the request for additional information until the Board receives the additional information.

~~c. The Board shall deny the approval if the additional information is not supplied within the 60 days provided.~~

~~d. When the substantive review is complete, the Board shall grant or deny approval.~~

C. B. Basic course specifications.

1. The Department shall develop the curriculum for the basic correctional officer training program.

a. The curriculum shall include courses in the following functional areas.

i. Functional Area I - Ethics and Professionalism;

ii. Functional Area II - Inmate Management;

iii. Functional Area III - Legal Issues;

iv. Functional Area IV - Communication Skills;

v. Functional Area V - Officer Safety, including firearms;

vi. Functional Area VI - Applied Skills;

vii. Functional Area VII - Security, Custody, and Control;

viii. Functional Area VIII - Conflict and Crisis Management; and

ix. Functional Area IX - Medical Emergencies, and Physical and Mental Health.

b. The curriculum shall also contain administrative time for orientation, counseling, testing, and remedial training.

2. The Department shall ensure curriculum submitted to the Board for approval contains lesson plans that include:

a. Course title,

b. Hours of instruction,

c. Materials and aids to be used,

d. Instructional strategy,

e. Topic areas in outline form,

f. Success criteria, and

g. The performance objectives or learning activities to be achieved.

3. After initial approval by the Board, the Director or the Director's designee shall submit changes to a lesson plan to the Board for approval.

~~a. Annually review each lesson plan submitted to and approved by the Board under subsection (C)(2); and~~

~~b. If an approved lesson plan has been changed, submit the changed lesson plan to the Board for approval; or~~

~~c. If an approved lesson plan has not been changed, sign and date an acknowledgment of approval for each lesson plan.~~

4. The Department shall ensure the following three components are specified for each performance objective:

a. The learner, which is an individual or group that performs a behavior as the result of instruction;

b. The behavior, which is an observable demonstration by the learner at the end of instruction that shows the objective is achieved and allows evaluation of the learner's capabilities relative to the behavior;

c. The conditions, which is a description of the important conditions of instruction or evaluation under which the learner will perform the stated behavior. Unless specified otherwise, the instruction and evaluation shall be in written or oral form.

5. The Department shall ensure instructors of basic correctional officer training courses meet proficiency requirements developed by the Department. The Department shall ensure proficiency requirements for instructors include education, experience, or a combination of both. The Department shall ensure each instructor has the necessary qualifications before the instructor delivers any instruction. In addition to these requirements, instructors of courses dealing with the proficiency skills of defensive tactics, physical conditioning, firearms, and medical emergencies shall complete specialized training developed by the Department. Instructors shall use lesson plans described in subsection (B)(2).

D. C. Academic requirements.

1. A cadet shall be given a combination of written, oral, or practical demonstration examinations capable of measuring the cadet's attainment of the performance objectives in each approved lesson plan.

2. Academy staff shall review examination results and academic progress with each cadet weekly. Academy staff shall ensure each cadet is informed of correct responses.

3. A cadet shall complete all examinations before graduating from the academy. To successfully complete a written or oral examination, a cadet shall score at least 70 percent.

a. If a cadet receives a score of less than 70 percent, the academy shall provide the cadet with remedial training in areas of deficiency.

b. The academy shall not offer a cadet more than one re-examination per lesson plan.

4. A cadet shall qualify with firearms as specified in subsection (B).

~~a. 50-shot daytime or nighttime qualification course with service handgun. The minimum passing score is 210 points out of a possible 250 points;~~

~~b. Seven-shot qualification course with service shotgun; and~~

~~c. Target identification and discrimination course.~~

5. A cadet shall meet success criteria described in the Board-approved curriculum for the proficiency skills of self-defense, physical conditioning, and medical emergencies, as approved under subsection (B).

6. The academy shall provide a cadet who does not attend a lesson with remedial training before graduation.

7. The academy shall not graduate a cadet who attends less than 90 percent of the total hours of basic training.

E. D. Exceptions. A cadet shall not function as a state correctional officer except:

1. As part of an exercise within the approved basic training program, if the cadet is under the direct supervision and control of a state correctional officer; or

2. At the discretion of the Director, for the duration of an emergency situation including, but not limited to, riots, insurrections, and natural disasters. A cadet shall not carry a firearm in the course of duty unless the cadet has successfully met the requirement of subsection (C)(4).

F. E. Waiver of required training. The Board shall grant a complete or partial waiver of the required basic training, at the request of the Director, upon a finding by the Board that the best interests of the corrections profession are served and the public welfare and safety is not jeopardized by the waiver if an applicant:

1. Successfully completes a basic corrections officer training course comparable to or exceeding, in hours of instruction and subject matter, the Board-approved basic correctional officer training course and has a minimum of one year of experience as a correctional officer. The applicant shall include verification of previous experience and training with the application for waiver;

2. Meets the minimum qualifications specified in R13-4-202; and

3. Successfully completes a comprehensive examination measuring comprehension of the Board-approved basic correctional officer training course. The comprehensive examination shall be prepared by the Department, approved by the Director, and include a written test and practical demonstrations of proficiency in firearms, physical conditioning, and defensive tactics.

History

Adopted effective December 16, 1992, filed June 16, 1992 (Supp. 82-2). References to "Council" changed to "Board" (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-206 Field Training and Continuing Training Including Firearms Qualification

A. Field training requirement. Before graduating from the academy or within two months after graduation, a cadet or state correctional officer shall participate in and successfully complete a Department-approved field training program.

B. Continuing training requirement.

1. A state correctional officer shall receive eight hours of Board-approved continuing training each calendar year beginning January 1 following the date the officer graduated from the academy.

2. In addition to the training required under subsection (B)(1), a state correctional officer authorized to carry a firearm shall qualify each calendar year after appointment beginning January 1 following the date the officer graduated from the academy. The firearms qualification training shall meet the standards specified under subsection (F) and shall not be used to satisfy the requirements of subsection (C).

C. Continuing training requirements may be fulfilled by:

1. Advanced training programs, or

2. Specialized training programs.

D. Advanced training programs. The Department shall develop, design, implement, maintain, evaluate, and revise advanced training programs that include courses enhancing a correctional officer's knowledge, skills, or abilities for the job that the correctional officer performs. The courses within an advanced training program shall include advanced or remedial training in any topic listed in R13-4-205(B).

E. Specialized training programs. The Department shall develop, design, implement, maintain, evaluate, and revise specialized training programs that address a particular need of the Department and target a select group of officers. The courses within a specialized training program shall include topics different from those in the basic corrections training program or any advanced training programs.

F. Firearms qualification required. A correctional officer authorized to carry a firearm shall qualify to continue to be authorized to carry a firearm each calendar year beginning the year following graduation from the academy by completing a Board-prescribed firearms qualification course using a service handgun, service shotgun, and service ammunition, and a Board-prescribed target identification and judgment course. All courses shall be presented by a firearms instructor who meets the requirements under R13-4-205(B)(5).

~~1. Firearms qualification course standards.~~

~~a. A firearms qualification course is:~~

~~i. A course prescribed under R13-4-205(C); or~~

~~ii. A course determined by the Board to measure firearms competency at least as accurately as the course prescribed under R13-4-205(C).~~

~~b. All firearms qualification courses shall include:~~

~~i. A timed accuracy component;~~

~~ii. A type and style of target that is equal to, or more difficult than, the targets used under R13-4-205(C); and~~

~~iii. Success criteria that are equal to, or more difficult than, the success criteria used under R13-4-205(C).~~

~~2. Firearms target identification and judgment course standards.~~

~~a. A firearms target identification and judgment course is:~~

~~i. A course prescribed under R13-4-205(C); or~~

~~ii. A course determined by the Board to measure target identification and judgment competency at least as accurately as those prescribed under R13-4-205(C).~~

~~b. All firearms target identification and judgment courses shall include:~~

~~i. A timed accuracy component;~~

~~ii. A type and style of target discrimination that is equal to, or more difficult than, those used under R13-4-205(C); and~~

~~iii. Success criteria that are equal to, or more difficult than, those used under R13-4-205(C),~~

~~3. All courses shall be presented by a firearms instructor who meets the requirements under R13-4-205(C)(5).~~

History

Adopted effective December 16, 1992, filed June 16, 1992 (Supp. 82-2). References to "Council" changed to "Board" (Supp. 94-3). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Ariz. Admin. Code § R13-4-207 [REPEALED]

History

Adopted effective December 16, 1992, filed June 16, 1992 (Supp. 82-2). References to "Council" changed to "Board" (Supp. 94-3). Section repealed by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3).

Ariz. Admin. Code § R13-4-208 Re-employment of State Correctional Officers

A. A state correctional officer who terminates employment may be re-employed by the Department within two years from the date of termination if the former state correctional officer meets the requirements of R13-4-202 and R13-4-203 at the time of re-employment.

B. A state correctional officer who terminates employment may be re-employed by the Department if re-employment is sought more than two years but less than three years from the original date of termination, if the former state correctional officer meets the requirements of R13-4-202 and R13-4-203 at the time of re-employment and completes the waiver provisions of R13-4-205(E).

C. A former state correctional officer who seeks re-employment more than three years from the date of termination shall meet all the requirements of this Article at the time of re-employment.

History

Adopted effective December 16, 1992, filed June 16, 1992 (Supp. 82-2). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 31 A.A.R. 924, effective 5/4/2025.

Chapter 5 Law Enforcement Merit System Council

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R13-5-101 Definitions

In this Chapter, unless otherwise specified, the following terms mean:

"Abandonment of position" means failure of an employee to report to work for a period of five consecutive working days without authorization from the employee's supervisor or manager and without good cause.

"Abilities" means general traits or capabilities an individual possesses when beginning the performance of a task.

"Agency" means any governmental organization subject to the rules of the Law Enforcement Merit System Council.

"Agency head" means the chief executive officer or director of any agency placed under the rules of the Law Enforcement Merit System Council.

"Allocate or allocation" means the placement of a position to a classification based on the duties and responsibilities of the position.

"Annual leave" means the leave time accrued biweekly by an employee based on the number of years of state service and may include holiday leave and recognition leave.

"Appeal" means an employee's request for Council review of a disciplinary action.

"Applicant" means a person who has applied for an opportunity to compete for a position.

"Appointment" means the placement of a candidate or employee into a classified position.

"Background investigation" means an inquiry to determine the character of a potential employee and may include verification and review of identity, education, employment history, personal references, credit rating, criminal history, and driving record.

"Break-in-service" means a period of absence from agency service of more than 240 consecutive working hours resulting from an employee's resignation, retirement, suspension, layoff, or leave of absence without pay.

"Business day" means the hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding observed state holidays.

"Business manager" means the individual responsible for administering the affairs of the Council.

"Candidate" means an applicant who qualifies for a place on an eligibility list.

"Certified list" means the names of qualified candidates on an eligibility list who are willing to accept an appointment.

"Civilian employee" means a person who is appointed to a classification that does not require peace officer status.

"Classification" means one or more positions requiring the same minimum qualifications, knowledge, skills, and abilities that have the same title and pay range.

"Classification date" means the effective date of an employee's appointment to a classification.

"Classification specification" means the classification's title or rank, classification code, typical duties and responsibilities, essential functions, minimum qualifications, required knowledge, skills and abilities.

"Classified position" means a position that is allocated to a classification.

"Commissioned employee" means a person who is appointed to a classification that requires Arizona Peace Officer Standards and Training Board certification as a peace officer.

"Compensation" means the amount of money paid for each hour worked and paid leave taken and includes time off received for overtime and holidays worked or accrued.

"Compensatory time" means leave received for overtime worked.

"Competitor" means an applicant who has met the minimum qualifications for a classification and is competing in an employment or promotional examination.

"Contested case" has the same meaning as in A.R.S. § 41-1001(4).

"Council" means the Arizona Law Enforcement Merit System Council.

"Covered employee" means a full authority peace officer as certified by the Arizona Peace Officer Standards and Training Board and who is appointed to a position (outside of Department of Public Safety and Arizona Peace Officers Standards and Training Board) that requires such a certification in the covered service, as defined in A.R.S. § 41-741(5)(c)(e) and who have completed their original probationary period.

"Covered position" means any position within an agency that is not appointed by the Governor or by the agency head with the concurrence of the Governor and is subject to the rules of the Council.

"Covered service" means that employment status conferring rights of appeal as prescribed in A.R.S. § 41-782 and A.R.S. § 41-783 or A.R.S. § 41-1830.16, as applicable, as defined in A.R.S. § 41-741(6).

"Days" means full calendar days unless otherwise specified in the text of a rule.

"Demotion" means the disciplinary appointment of an employee to a classification with a lower pay range.

"Dismissal" means an agency-initiated removal of an employee from state service.

"Duties" means actions or tasks required under the circumstances by an employee's position or classification.

"Eligibility list" means the names of candidates for a classification in descending order of their final scores in preparation for a selection process.

"Employee" means a person who is appointed to a position, subject to the terms and conditions of the appointment within the Department of Public Safety or the Arizona Peace Officers Standards and Training Board.

"Employing agency" means the agency in the state personnel system where the covered employee is, or in the case of dismissal, was employed as prescribed in A.R.S. § 41-1830.16(H)(3).

"Entrance rate" means the lowest rate of pay within the pay range of a classification.

"Examination" means an evaluation or test to determine if an applicant's qualifications comply with the specifications for a classification.

"Examination plan" means a description of each phase of an examination, the weight applied to each phase of the examination, the criteria for moving from one phase of the examination to another and any limitations as to the number of names to appear on the eligibility list.

"Exempt employee" means an employee who is not subject to the overtime provisions of the Fair Labor Standards Act, Title 29 U.S.C Chapter 8.

"External employment list" means an eligibility list of candidates seeking employment with an agency.

"Fair Labor Standards Act" (FLSA) means those federal statutes at Title 29 U.S.C. 201 - 219 and 251 - 262.

"Family and Medical Leave Act FMLA leave" means a leave of absence, with or without pay, taken by an employee under a policy adopted by an agency head from options authorized in the Family and Medical Leave Act. 29 U.S.C. 2611, et. seq.

"For cause" means disciplinary action or dismissal for any reason listed in A.R.S. § 41-1830.15 or this Chapter.

"Full authority peace officer" means a peace officer whose authority to enforce the laws of this state is not limited by the rules adopted by the Arizona Peace Officer Standards and Training Board as prescribed in A.R.S. § 41-1830.16(H)(4).

"Full-time employee" means an employee appointed to work 40 hours a week or 160 hours in a 28 day cycle.

"Grievance" means a work-related complaint by an employee regarding classification, compensation, performance evaluation, or violation of law or Council rules.

"Holiday leave" means the leave time accrued by working a state holiday or accrued when the holiday falls on a day the employee is not scheduled to work or is on paid sick leave. Holiday leave may be included in annual leave time.

"Human Resources" means an agency department responsible for personnel administration.

"Individual with a disability" means anyone who has a physical or mental impairment that substantially limits one or more major life activities, or who has a record of an impairment, or is regarded as having an impairment.

"Initial probation" means a probationary period required of a new employee to an agency, an employee appointed to a classification as a special limited term employee, or an employee appointed to the classification of officer who has completed the terms of a special limited term appointment.

"Intermittent appointment" means the appointment of an employee to work on an irregular basis.

"Internal list" means an eligibility list of internal candidates seeking promotional positions or reassignments.

"Just Cause" means all of the following:

The employing agency informed the employee of the possible disciplinary action resulting from the employee's conduct through agency manuals, employee handbooks, the employer's rules and regulations or other communications to the employee, or the conduct on which disciplinary action was based such that the employee should have reasonably known disciplinary action could occur;

The disciplinary action is reasonably related to the standards of conduct for a professional law enforcement officer, the mission of the agency, the orderly, efficient or safe operation of the agency or the employee's fitness for duty;

The discipline is supported by a preponderance of the evidence establishing that the conduct on which the disciplinary action was based occurred; and

The discipline is not excessive and is reasonably related to the seriousness of the offense and the employee's service record.

"Knowledge" means a body of information, usually of a factual or procedural nature, that makes for successful performance of a task.

"Limited duty" means a short-term assignment to a physically less demanding position while the employee recovers from a temporary medical condition or disability.

"Limited-term appointment" means an appointment to a position that is designated as temporary.

"Limited-term employee" means an employee in a limited-term appointment who has not achieved the status of a regular-employee.

"Manifest error" means an erroneous act or failure to act in administering the provisions of Article 3 of this Chapter.

"Non-exempt employee" means an employee who is subject to the overtime provisions of the Fair Labor Standards Act, Title 29 U.S.C Chapter 8.

"Original probationary period" means the specified period following initial appointment to covered service as defined in A.R.S. § 41-741(10).

"Overtime" means time worked by a non-exempt employee in excess of 40 hours in a work week or in excess of 160 hours in a 28-day cycle.

"Part-time appointment" means the appointment of an employee to work a schedule of less than 40 hours per week.

"Part-time employee" means an employee appointed to work less than 40 scheduled hours per week.

"Pay range" means the difference between the lowest and highest pay rates for a classification.

"Pay status" means an employee's right to receive compensation for time worked or leave taken, except when absent on leave-without-pay or suspension without pay.

"Permanent employee" means an employee who has successfully completed an initial probation with an agency.

"Permanent status" means the employment rights achieved after satisfactorily completing the probationary period for a classification.

"Personnel Rules" means the rules adopted by the Arizona Department of Administration, human resources division as prescribed in A.R.S. § 41-1830.16(H)(7).

"Position" means a job or function, whether occupied or vacant, that is assigned a number, classification, funding source, pay range, and location code.

"Position audit" means an examination of the duties and responsibilities of a position to determine the appropriate classification.

"Promotional Probation" means a period of 12 months established for evaluating an employee's performance to determine if the employee should be retained in a classification.

"Promotion" means the appointment of an employee to a position in another classification with a higher maximum pay level.

"Provisional appointment" means an appointment to a position in a classification for which there is no eligibility list.

"Qualifications Appraisal Board" means a group of raters who evaluate a competitor's qualifications based upon the competitor's written or oral responses.

"Qualifying pay period" means a pay period for qualifying service in which an employee is in pay status for at least one-half of the employee's normally scheduled work week.

"Qualifying service" means part-time or full-time service as an employee of an agency, excluding any break-in-service.

"Reallocation" means a change in the classification of a position, based upon an analysis of the duties and responsibilities of the position.

"Reappointment" means appointment to a classification previously held by an employee who was reassigned to a different classification.

"Reassignment" means an appointment, at the employee's request, to a position in a different classification with the same or a lower pay range.

"Recall" means the appointment of a former employee who was separated by a reduction in force.

"Reclassification" means the change in classification of an employee due to the employee's movement to a position in a different classification or a reallocation of the employee's position to a different classification.

"Recognition leave" means leave time given an employee under a formal awards program as an incentive for continued superior performance. Recognition leave is added to annual leave.

"Reduction in force" means an action taken by an agency head to involuntarily transfer, reclassify, or lay-off an employee as a result of a legislative or executive mandate; reduction of funds; or decrease in the number of authorized positions, service area, or program responsibilities.

"Regular-employee" means an employee, except a limited term-employee, who achieves permanent status.

"Reinstatement" means an appointment of a former employee to the classification or a similar classification held when the employee separated from the agency.

"Rejection of probation" means an action taken by an agency head to reclassify an employee on a promotional probation or to separate an employee on an initial probation for failure to achieve and sustain the required level of performance for the classification.

"Responsibilities" means actions or tasks for which an employee is accountable in a position or classification.

"Retirement" means a voluntary separation from an agency by an employee who is eligible for an immediate disbursement from a retirement plan.

"Separation" means the close of an employee's term of employment with an agency.

"Skill" means an individual's level of proficiency or competency in performing a specific task.

"Special duty assignment" means an employee's temporary assignment of more responsibilities or duties or an assignment to a position with special work or living requirements.

"Special limited term appointment" means an appointment to the classification of cadet officer or officer trainee pending the completion of requirements for the classification of officer.

"State" means the State of Arizona.

"Standard performance" means a rating given to an employee who meets the expected level of performance needed to accomplish the objectives of a position.

"State personnel system" means all state agencies and employees of those agencies that are not exempted by this article as prescribed in A.R.S. § 41-741(17).

"Standardized scoring" means a statistical method used to ensure that the various components of a multi-phased examination receive their proper weights.

"Suspension of pay" means the disciplinary action of withholding an employee's pay for a specified period.

"Telecommuting" means an employee performing assigned work at a location other than the employee's regular work location.

"Time-in-grade" means time spent in a classification.

"Transfer" means the movement of an employee from the employee's current position to another position in the same classification.

"Uncovered appointment" means an appointment to a job or function by the Governor or by an agency head with the concurrence of the Governor.

"Uncovered employee" means an employee who serves at the pleasure of the Governor.

"Veteran" means an individual who served in the armed forces of the United States and was discharged from military service under honorable conditions after more than six months of active duty and as defined in 37 U.S.C. 101 and A.R.S. § 38-492.

"Working day" means the same as business day.

"Work week" means the 40-hour time period an employee works between Saturday and Friday, including any leave time taken.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5373, effective November 6, 2001 (Supp. 01-4). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2). Amended by emergency rulemaking at 10 A.A.R. 1163, effective March 4, 2004 (Supp. 04-1). Emergency expired after 180 days; the Section on file prior to the emergency has been restored (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2). Amended by final rulemaking at 23 A.A.R. 2564, effective 11/5/2017.

Ariz. Admin. Code § R13-5-102 Law Enforcement Merit System Council

A. Authority. The statutory authority of the Law Enforcement Merit System Council is found in A.R.S. § 41-1830.11 through § 41-1830.16.

B. Decisions of the business manager are subject to review by the Council.

C. Selection of officers. The Council shall select a Chair and Vice-Chair from its members at a regular meeting in November or December of even-numbered years. The Chair and Vice-Chair shall hold office for a period of two years, or until their successors are selected.

D. Meetings. The Chair, or in the Chair's absence the Vice-Chair, shall call a meeting of the Council when a meeting is needed. The Council shall hold meetings at a location convenient to the participants whenever possible. Except for the Council's executive sessions, the Council's meetings shall remain open to the public and the Chair shall give interested parties an opportunity to be heard.

E. Quorum. Three members are required for a quorum, and concurring members must equal a majority of those voting in order to take action.

F. Minutes. The Council shall keep minutes of its proceedings and official actions. The Council's records and minutes are open to public review during normal business hours.

G. Council rules. An agency shall provide employees with a copy of the Council's rules.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 23 A.A.R. 2564, effective 11/5/2017.

Ariz. Admin. Code § R13-5-103 Personnel Administration

A. Separation of powers. The agency head shall staff and maintain a human resources function responsible for personnel administration consistent with these rules and under the jurisdiction of the Council as provided for in statute and this Chapter. The business manager shall provide oversight to Human Resources in administering this Chapter.

B. Personnel records. Human Resources shall maintain employment records on each agency employee, including the employee's:

1. Employment application;

2. Examination scores;

3. Signed oath of office;

4. Date of initial appointment;

5. Other appointment orders;

6. Performance reports;

7. Transfers;

8. Commendations;

9. Leaves-of-absence without pay;

10. Disciplinary actions;

11. Separation from the agency;

12. Reinstatement to the agency, and

13. Any other appropriate employment records.

C. Confidentiality. Human Resources shall preserve the confidentiality of personnel records. Persons authorized to access personnel records are:

1. The employee;

2. A person authorized by the employee;

3. A person with an official court order;

4. A person authorized by the agency head;

5. A person authorized by the chair of the Council; and

6. A law enforcement agency with authorized access to such records under A.R.S. § 41-1828.01.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-104 General Information

A. Delegating authority. The agency head may delegate to other agency personnel the authority and duties imposed by this Chapter upon the agency head, unless otherwise prohibited by statute or rule.

B. Reports. The agency head shall provide information requested by the Council on matters relating to this Chapter. The agency shall present the information in the format requested by the Council.

C. Restricted information. The Council shall safeguard confidential information given to the Council by any employee or former employee. The Council shall not allow inspection of such information except under conditions prescribed by the Council.

D. Service of notice. The agency or the Council shall serve notice upon an employee personally or by the U.S. Postal Service. Postal service shall be made by certified mail, return receipt requested, to an employee's last known home or business address, and is complete upon mailing. Service as provided for in this Section is required for the following:

1. Notice of an employee's rejection from probation;

2. Notice of a charge in a disciplinary proceeding;

3. Notice of an employee's suspension, layoff, or dismissal; and

4. Other notices required by these rules.

E. Proof of service. The agency shall provide proof of service by affidavit.

F. Availability of funds. Reference in these rules to employee pay is contingent upon availability of funds, as determined by the agency head.

G. Compliance with federal rules and regulations. Any federal regulation or standard governing the granting of federal funds to an agency under the Law Enforcement Merit System Council takes precedence over any of these rules which conflict with the control and expenditure of federal funds.

H. Validity and separation. If any provision or application of the rules in this Chapter is held invalid by a court of competent jurisdiction, the remainder of the rules in this Chapter and application of the rules to other persons or circumstances are not affected by the court decision.

I. Equal employment. The Council, the agency head, and agency employees shall not discriminate in any aspect of employment on the basis of race, color, religion, sex, national origin, age, disability, or pregnancy.

J. Accommodation. The Council and the agency head shall make reasonable accommodations to enable a person with a disability to use agency facilities, services, and programs. A person requesting accommodation shall notify the agency or the business manager as soon as reasonably possible in order to allow the agency time to arrange the accommodation.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Article 2 CLASSIFICATION AND COMPENSATION

Ariz. Admin. Code § R13-5-201 Classification

A. Classification Plan. The Council shall adopt and revise the classification of positions for use by an agency. Collectively, classifications adopted by the Council comprise the classification plan of the Council. Each classification in the classification plan includes:

1. A descriptive title;

2. A description of the scope of duties, typical responsibilities, and essential functions;

3. The minimum qualifications required of an applicant; and

4. A determination of non-exempt or exempt status under the Fair Labor Standards Act.

B. Classification specifications. The business manager shall document the date of adoption and the latest revision of each classification specification, and shall maintain the master set of all approved classification specifications. Human Resources shall also maintain a set of all approved classification specifications. Copies of a classification specification are open for inspection by an employee and the public and are available on the DPS web site.

C. Allocating positions. The Council shall allocate positions to the appropriate classification in the Classification Plan. The Council shall allocate positions to the same classification when:

1. The duties and responsibilities are substantially similar;

2. The education, experience, knowledge, skills, and abilities required are substantially similar;

3. The examinations used in choosing qualified candidates are substantially similar; and

4. The pay range may be applied equitably to all positions in the classification.

D. Compensation Maintenance Review Plan: The Council shall adopt and revise guidelines for a classification and compensation maintenance review plan. An employee shall be placed in a classification in accordance with this plan.

E. Assignment. Except in an emergency, or as otherwise provided by this Chapter, an agency shall not assign an employee to perform the duties of any classification other than the classification to which the employee's position is allocated.

F. Modification. The Council may establish a new classification and revise or abolish an existing classification. The Council shall decide when a position in an affected classification needs to be reallocated, taking into account the factors in subsection (C). The Council shall also determine the probationary or permanent status of an employee affected by reallocation.

G. Reviewing allocations. An employee affected by reallocation of the employee's position shall have the opportunity to be heard by the Council under R13-5-602.

H. Changes in positions. The Council shall reallocate an existing position when a material and permanent change occurs in the duties and responsibilities of the position.

1. If an employee is in a position that is reallocated, an agency shall reclassify the employee in that position if the employee:

a. Has been in the position at least six months;

b. Has occupied the position during the change in duties; and

c. Meets the minimum qualifications of the new classification.

2. A position shall not be reallocated while undergoing a classification and compensation review, except that the Council may reallocate a position that is undergoing a classification and compensation review when an agency head can show that the reallocation is necessary for the continued operation of the agency.

I. Time in grade. The Council shall credit an employee reclassified as a result of a reallocation with time-in-grade as follows:

The employee is credited with time-in-grade for the time spent in the position if no significant changes are made to the duties and responsibilities of the position to qualify for the higher classification and if the employee continues to perform the duties previously performed in the position.

2. Time-in-grade status is calculated on the basis of actual hours worked.

J. New positions. An agency head shall establish positions in the agency as authorized by law, subject to budgetary authorization and availability of funds. An agency head shall notify the Council when a new position is established. The Council shall allocate a new position to the appropriate classification.

K. Classification titles. An agency shall use a classification title approved by the Council in all communications regarding personnel, budget, and financial records.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-5-202 Compensation

A. Compensation plan. The Council shall adopt compensation levels for all classifications. Collectively, compensation levels adopted by the Council comprise the compensation plan of the Council. An agency shall periodically revise the compensation plan for a covered position, based on the principle that like salaries are paid for comparable duties and responsibilities, and shall submit the agency's recommendations to the Council for approval.

B. Hearings. If an agency recommends a change in a pay range, the Council shall grant any adversely affected employee an opportunity to be heard.

C. Pay Levels. The Council shall specify all pay levels. The Council may also establish more than one pay range, hourly rate, or method of compensation for classifications and positions with unusual hours, conditions of work, or when necessary to compete with other employers.

D. Lack of Funds. If an agency lacks sufficient funds to pay an employee's salary, the agency shall consider an alternative method of reducing costs, including those described in R13-5-802(B) . If an alternative method is not adequate or available, the agency shall assign an employee to a leave of absence without pay under the layoff procedure in R13-5-802 . The agency shall recall the laid off employee when sufficient funds become available.

E. Entrance rate. The minimum pay rate for each classification is the entry rate, unless otherwise provided in these rules. The agency shall maintain a record of each employee's employment date and entrance into a classification.

F. Special pay adjustments. When making an appointment, promotion, reinstatement, recall, transfer, reclassification or reassignment, an agency head may authorize pay anywhere within the pay range to meet recruiting and retention needs, and to give credit for prior agency service.

G. Rate above maximum. When a position is reallocated resulting in the reclassification of an employee to a lower classification or the pay range of a classification is reduced, the agency head may authorize a pay rate for the employee above the maximum for the classification. While an employee's pay remains above the maximum rate for the employee's classification, the employee shall not receive any pay increases except those required by law.

H. Rate on movement to a classification with a lower pay range. An employee who accepts reassignment to a classification with a lower pay range may receive a rate above the minimum, if authorized by the agency head. The agency shall then establish a new classification date for the employee.

I. Rate on movement to a classification with the same range. When an employee moves to another classification with the same range, the employee shall retain the employee's current rate of pay.

J. Rate on movement to a classification with a higher pay range. When an employee moves to another classification with a higher pay range, the employee shall receive pay at the entry level of the new classification. If the employee's current pay is greater than the entry level of the new classification, the employee shall receive no less than a $500 annual increase. In no case shall an employee's salary exceed the maximum for the new classification.

K. Rate upon reinstatement. Upon reinstatement, a former employee shall receive the entrance rate for the employee's classification, unless the agency head authorizes a higher rate or as directed by the Council following a disciplinary hearing.

L. Rate upon recall. A former employee who is recalled after a layoff shall receive the same pay rate as that held before the layoff. If the Council approved a general pay adjustment or classification adjustment while the employee was on leave of absence without pay, the employee shall receive the adjustment.

M. Automatic pay adjustment. A classification pay range adjustment applies equally to all employees within the classification and does not alter an employee's classification date for a pay adjustment.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-203 Pay Administration

A. Base pay adjustment. An agency head may modify base pay by adding cost-of-living and other adjustment appropriated by the state Legislature. An agency head may also request that the Council revise the compensation plan to include other changes to base pay, as needed. After base pay adjustments are completed, an agency head may add special duty pay before computing an employee's pay rate.

B. Appropriated pay adjustment. Upon approval by the Council the agency head may apply some or all the appropriated funds to the compensation plan, if the appropriation bill does not include specific allocation instructions for an employee pay raise, or if the instructions are not applicable to the agency.

C. Special duty assignment. An agency head may supplement the base pay of an employee on a special duty assignment. Time spent on a special duty assignment counts toward an employee's length of service. An employee may receive special duty pay only for the period when the employee performs the required duties of the special duty assignment.

D. Return from special duty assignment or uncovered appointment. When an employee returns to a regular appointment from a special duty assignment or an uncovered appointment, the agency shall return the employee's pay to the employee's base pay earned before being assigned to a special duty assignment or uncovered appointment. If general pay adjustments or classification adjustments are approved while an employee is on a special duty assignment or serving in an uncovered appointment, the employee shall receive the adjustments.

E. Overtime pay. The agency head shall adopt an overtime policy and procedure consistent with federal regulations under the Fair Labor Standards Act, Arizona Revised Statutes, and this Chapter. Compensatory leave is accrued and used as provided by R13-5-505.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-204 Work Hours and Work Options

Work hours and work breaks. An agency head may establish different working hours for certain work groups and shifts in order to meet the needs of the agency. In doing this, the agency head should consider such factors as clean air directives, telecommuting, and flexible work hours. An agency head shall establish a policy for "on-duty" and "off-duty" time consistent with federal regulations under the Fair Labor Standards Act, Arizona Revised Statutes, and this Chapter and provide procedures for recording time worked and leave taken by an employee.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Article 3 EMPLOYMENT

Ariz. Admin. Code § R13-5-301 Recruitment

A. Recruiting an external applicant. When authorized by an agency head, Human Resources shall seek qualified applicants through open recruiting and competitive employment opportunities. Human Resources shall publish and distribute job announcements that include:

1. The classification title and pay;

2. The minimum qualifications;

3. The location of the assignment, if known;

Special requirements, if any;

Location of forms; and

6. The application deadline.

B. Applications. Human Resources shall establish procedures for distributing and receiving an application. Human Resources shall screen all applications and may reject any that are incomplete, illegible, or received after the deadline.

C. Disqualifying an applicant or candidate. An agency head or the agency's Human Resources unit may disqualify any applicant or candidate based upon information in an application, statements made by the applicant's references, and a background investigation by the agency. The agency shall also disqualify any applicant who:

1. Lacks the required qualifications for the classification;

2. Was convicted of a disqualifying offense;

3. Was dismissed by a previous employer for a reason that is cause for dismissal from the agency;

4. Practiced deception or failed to give complete and accurate information; or

5. Failed to meet selection guidelines as established by the Council.

D. Reapplying. A candidate who fails any portion of the background investigation, with the exception of medical only, shall be precluded from reapplying for a period of two years from the date of disqualification.

E. Notifying an applicant. After completing a qualification review, Human Resources shall notify an applicant of the agency's acceptance or rejection of the employee's application.

F. Retaining an application. Human Resources shall retain all applications under a records retention and disposition schedule approved by the Department of Library, Archives, and Public Records.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-302 Examinations

A. Examination plan. Human Resources shall develop an examination plan for each selection process. The business manager shall review and approve each examination plan. An applicant for the examination shall be notified of the examination plan. Once an examination begins, changes will not be made to the plan. If an examination plan needs to be altered, Human Resources shall terminate the current examination and initiate a new examination.

B. Examination guidelines. Human Resources shall obtain or develop a valid examination for each classification, and establish a weight and minimum qualifying requirement for each phase of the exam. The business manager shall review and approve each examination before the examination is administered. A competitor shall achieve the minimum requirements on each phase of an examination before progressing to the next phase. A competitor shall achieve a passing score on each phase before qualifying for a classification.

C. Notifying an applicant. Human Resources shall notify a qualified applicant of the following information:

1. The date, time, and location of each examination;

2. The number of phases included in the examination;

3. Other pre-employment requirements; and

How to request special accommodations for persons with a disability.

D. Type and content of examination. Human Resources shall ensure that each examination is valid, non-discriminatory, and fairly and accurately measures an applicant's ability to perform the functions and duties listed in the classification specifications.

E. Conducting an examination.

1. Human Resources, or a person designated by Human Resources, shall administer the examination.

2. The business manager shall oversee all elements of, but not actively participate in, the examination process to ensure that each component is administered, scored, evaluated, and interpreted fairly and accurately.

3. Human Resources shall permanently disqualify an applicant from taking any employment or promotional examination if it has been established that the applicant is guilty of copying, collusion, unauthorized access, or other acts of dishonesty relating to an official examination.

F. Scoring an examination. Human Resources shall oversee the scoring of the examination.

1. Human Resources may use a rater for a qualifications appraisal board from within or outside of an agency to score an examination. Human Resources shall select an examination rater who is qualified to appraise the education, experience, and personal qualifications of a competitor.

2. Human Resources shall provide a rater with scoring guidelines and exam answer keys to ensure consistency of scoring, evaluation, and interpretation of test results. All phases of an examination shall have predetermined and clearly defined scoring criteria.

3. If a majority of the raters on a qualifications appraisal board give the competitor a passing score, the competitor shall receive a minimum rating of "pass" even if the competitor's average score is below the passing level. If a majority of the raters on a qualifications appraisal board gives the competitor a score below the passing level, the competitor shall be disqualified, even if the competitor's average score is above the passing level.

4. Human Resources shall apply standardized scoring to a multi-phased examination when the number of competitors is five or more.

G. Validating an examination result. If Human Resources finds that an examination is incorrectly scored or that a portion of an examination is defective, Human Resources shall:

1. Correct all scoring errors, or

2. Eliminate the defective portion of an examination and revise the score of each competitor.

H. Examination results notification. Human Resources shall mail notification of examination results to each competitor.

I. Review of examinations. Any employee who has tested for promotion may request an examination review under R13-5-305(G).

J. Retaining test scores. Human Resources shall retain all examination materials and test scores under a records retention and disposition schedule approved by the Department of Library, Archives, and Public Records.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5373, effective November 6, 2001 (Supp. 01-4). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-5-303 Applicant Preference Points

If an applicant receives a passing score on an examination and has qualified for placement on an employment list, Human Resources shall add the preference points authorized by A.R.S. § 38-492 to the applicant's final score, provided the applicant submits official documentation of eligibility for preference points. Preference points shall not apply to a promotional examination.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-304 Employment

A. Establishing an employment eligibility list. Human Resources shall develop, and the business manager shall establish, employment eligibility lists for various classifications, as needed. For each list, Human Resources shall arrange the names of competitors in descending order of the competitors' final examination scores.

B. Establishing a list in case of ties. If two or more competitors receive the same rating in an examination, the competitor's names shall be placed on the list according to their respective ratings on the portion of the examination with the greatest weight. If a tie still exists, the names shall be placed on the list at the same position, in alphabetical order.

C. Reviewing the employment eligibility list. Human Resources shall submit an employment eligibility list to the business manager for approval and certification.

D. Notification to candidate. When an employment eligibility list is certified by the business manager, Human Resources shall notify a candidate of the candidate's relative ranking on the list.

E. Duration of an eligibility list. Each new or merged list remains in effect for 18 months from its effective date. Before a list expires, the Council may cancel the list.

1. Restoring a list. If a need arises and a current list is not available, the Council may restore a list that expired or was canceled within the past six months.

2. Merging a list. Except for the classifications described in subsection (E)(3), if three or fewer candidates remain on an existing list, Human Resources may establish a new list and merge the existing list with the new list. When the merged list is established, Human Resources shall rearrange the names in descending order of the candidates' final scores and notify each candidate of the candidate's relative ranking. Human Resources shall remove a candidate's name from the new list on the expiration date of the candidate's original list.

3. Conducting continuous or periodic testing. If the Council determines that a classification requires continuous or periodic testing, the business manager may authorize Human Resources to conduct examinations regardless of the existence of an employment list in that classification. Human Resources shall merge the names of candidates tested with names on the existing employment list for that classification as described in subsection (E)(2).

4. Retesting a merged candidate. If another examination for the same classification is held before the prior list expires, a merged candidate from the prior list may take the examination. If the candidate passes the test, Human Resources shall place the candidate on the list according to the new score. The candidate shall remain on the list for its duration.

F. Removing a candidate. The business manager shall remove a candidate from an eligibility list for any of the following reasons:

1. Human Resources is unable to contact the candidate by phone or mail;

2. The Council abolishes the classification for which the list was developed; or

3. The candidate withdraws from the selection process.

G. Correcting a manifest error. The business manager shall correct a manifest error that occurs in developing, using, or maintaining an eligibility list. The business manager shall not change the effective date of an eligibility list to correct a manifest error discovered after posting the list.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 6 A.A.R. 4495, effective November 7, 2000 (Supp. 00-4). Amended by final rulemaking at 7 A.A.R. 5373, effective November 6, 2001 (Supp. 01-4). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-5-305 Promotion

A. Announcing a promotional examination. Human Resources shall publish an agency-wide announcement when initiating development of an internal eligibility list. An announcement shall include the information in R13-5-301(A).

B. Applying for promotion. An employee may compete for a place on an internal eligibility list by submitting an internal application form to Human Resources by the application filing deadline.

1. An employee is eligible to take a promotional examination if the employee:

a. Satisfactorily completes initial probation by the application filing deadline;

b. Meets or exceeds the minimum qualifications for the classification; and

c. Receives a standard or above standard performance evaluation for the latest rating period.

2. An employee who participates in developing an examination for an internal classification is not eligible to take the examination for that classification.

C. Processing an application. Human Resources shall process an application consistent with the procedures in R13-5-301(B), (C), and (F).

D. Business manager review. Within 10 days after a notice of rejection of an application has been mailed to the employee, an employee may request that the business manager review a rejected application. The business manager may review and overturn or concur with the decision of Human Resources. An employee may also request that the Council review the business manager's decision.

E. Promotional examination. Human Resources shall conduct a promotional examination consistent with R13-5-302 . An employee eligible to take a promotional examination shall notify the employee's supervisor of the time and date of the examination as soon as it is known. A supervisor shall authorize an employee to participate in a promotional examination while on duty.

F. Scoring and validating an examination. Human Resources shall score and validate an examination under R13-5-302(F) and (G).

G. Inspection of examination results. Within 10 days after the examination results are mailed, a competitor may file a written notice with the business manager requesting an opportunity to review the examination for the purpose of determining whether the competitor has a reason for challenging the competitive examination. A competitor requesting a review shall outline the specific areas the competitor believes are in error. The competitor shall be allowed to review the examination in the presence of the business manager or an employee authorized by the business manager to determine whether the competitor has a valid basis for a challenge to the examination.

1. The business manager or the authorized employee shall oversee the competitor's examination inspection.

2. An employee shall not copy questions or answers, nor make any alterations to the examination papers.

3. Within 10 days of a review, a competitor may file a written notice with the business manager challenging the examination results on the basis of irregularity, bias, fraud, or scoring error and explaining the basis for any challenge. The business manager shall review the competitor's challenge to determine if the challenge is valid.

4. If the business manager's review discloses an error, the business manager shall return the examination to Human Resources for correction.

5. If an error affects the scores of other competitors, Human Resources shall revise all incorrect scores.

6. If the business manager determines the error is not correctable and the defective portion of the exam is critical to the examination process, Human Resources shall re-administer that portion of the examination under guidelines provided by the business manager.

7. Only the Council, a business manager, competitor, competitor's attorney, or an agency head may inspect a competitor's examination.

H. Grievance of business manager's decision. An employee who is aggrieved by a decision of the business manager may grieve the decision to the Council. A grievance of the business manager's decision shall be filed with the Council office no later than 20 days after notice of the decision is given. The Council shall review the grievance as outlined in R13-5-602(E).

I. Military leave. Human Resources shall allow an employee returning from military leave to take any examination that the employee could have taken if military service had not intervened. If the employee passes the examination, the business manager shall add the employee's name to the appropriate internal eligibility list based on the employee's score.

J. Establishing an internal list. Human Resources shall prepare an internal list for a promotional classification with competitor's names arranged in descending order of the competitor's final score.

K. Establishing a list in case of a tie. If two or more competitors receive the same rating in an examination, the competitor's names shall be placed on the list according to their respective ratings on the portion of the examination with the greatest weight. It a tie still exists, the names shall be placed on the list at the same position, in alphabetical order.

L. Approval of list. Human Resources shall submit the internal list to the business manager for approval and certification.

M. Notifying a candidate. When the list is certified by the business manager, Human Resources shall notify a candidate of the exam results and the candidate's relative ranking on the list.

N. Duration of a list. A list shall remain in force consistent with R13-5-304(E).

O. Removing a candidate from an internal list. The business manager shall remove a candidate from an internal list if:

1. The candidate fails to maintain required qualifications for the classification, or

2. The candidate resigns or is terminated from agency service.

P. Promotion to the classification of officer. The business manager shall reclassify an employee to the classification of officer upon certification by the Peace Officer Standards and Training Board.

Q. Promotion for a commissioned classification. An agency may establish a job-interest card system for a promotion in a commissioned classification. If a candidate submits a job-interest card indicating interest in only a specified position, that candidate shall not be considered for any other position except as outlined in this subsection.

1. An agency head shall offer a promotional position to a candidate ranking highest on the promotional eligibility list who filed a job-interest card for that position.

2. If there are no job-interest cards for a specific position, an agency head shall offer a promotional position to the candidate ranking highest on the promotional eligibility list. If the employee highest on the promotional list declines the promotion, the agency head shall offer the position to the employee next highest on the list until all candidates on the promotion list are offered the position.

3. For a location that has two or fewer positions, an agency head may appoint any promotional candidate residing in that location.

4. If a candidate declines an offer of promotion, the business manager shall move that candidate's name to the bottom of the promotional eligibility list.

5. If all candidates on a promotional eligibility list decline a promotion, an agency head shall make a second offer to all candidates on the list.

If all candidates on the list decline the second offer, the business manager shall cancel the list. Human Resources shall then initiate a process to create a new list for the classification.

R. Promotion for a civilian classification. Civilian promotions are conducted under R13-5-308 and R13-5-309.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5373, effective November 6, 2001 (Supp. 01-4). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-5-306 Reassignment

A. Reassignment application. An employee may request reassignment to a different classification with the same or a lower pay range by submitting an application to Human Resources documenting the employee's qualifications. An application for reassignment can be obtained from Human Resources.

B. Qualification screening. Human Resources shall determine whether the employee meets the minimum qualifications of the classification. Unless the employee has previously held permanent status in a classification, Human Resources shall require the employee to pass an examination for the requested classification. Any employee required to test may request an examination review under R13-5-305(D), (F), and (H).

C. Eligibility list. If the employee qualifies, Human Resources shall place the candidate's name on an appropriate internal eligibility list under R13-5-305(J) and (K).

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-307 Reinstatement

A. Reinstatement list. An employee may apply for reinstatement within one year from the date of separation. Upon approval of the agency head, Human Resources shall place the former employee's name at the bottom of a reinstatement list for the last classification held by the employee and any previous or closely related classifications for which the employee is qualified.

B. Duration of the list. A reinstatement list shall remain in force for a maximum of 18 months.

C. Background investigation. All candidates for reinstatement shall pass a background investigation.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 6 A.A.R. 4495, effective November 7, 2000 (Supp. 00-4). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-5-308 Hiring Preference

A. Order of lists. When an agency head authorizes filling a vacant position, Human Resources shall notify the manager who is filling the vacancy of any employees requesting a transfer to the vacant position. After considering a transfer request, or if there are none, the manager may request a list of candidates for the position from available eligibility lists in the following order of preference:

1. Reappointment list,

2. Reassignment list,

3. Recall list,

4. Internal list,

5. Reinstatement list, and

6. Employment list.

B. Referring candidates. Except for the classification of cadet officer, Human Resources shall contact eligible candidates in the order of preference specified in subsection (A) to be interviewed. Candidates shall advise Human Resources if they wish to be interviewed.

1. If there is one vacant position, Human Resources shall refer the three interested candidates standing highest on each of the lists. Human Resources may refer fewer than three names if there are fewer than three candidates on the lists.

2. For multiple vacancies, Human Resources shall refer one more candidate for each additional vacant position from the lists.

3. If a list is not available, the business manager may refer candidates from lists of the same or higher level as the position being filled.

C. Referring candidates for cadet officer. Human Resources shall make a job offer conditional on passing a background investigation to as many of the highest ranking candidates on the list as Human Resources deems necessary to fill existing positions.

D. Canceling a list. If all candidates on the promotional eligibility list advise Human Resources that they are not interested in a position, Human Resources shall make a second offer to all candidates on the list. The second offer shall include a notification to each candidate that if all candidates decline the position, the list will be cancelled. If all candidates on the list decline the second offer, the business manager shall cancel the list. Human Resources shall then initiate a process to create a new list for the classification.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2).

Ariz. Admin. Code § R13-5-309 Selection

A. Selecting a candidate. The manager shall follow the interview and selection policy provided by Human Resources.

B. Interviewing. A manager who is filling a vacancy shall interview all candidates requesting a transfer, and may interview up to three candidates from each certified list.

C. Additional names. If the manager rejects all initial candidates, the manager shall document job-related reasons for their rejection and submit the interview forms to Human Resources. If Human Resources agrees with the manager's reason for rejection, Human Resources shall refer up to 3 more names from each certified list.

D. Selection of cadet officer. A candidate who receives a job offer for a position covered under R13-5-312(E) and is not disqualified during the background investigation shall be appointed to the classification by the agency head.

E. Documenting the selection. Upon making a selection, the hiring manager shall complete the documentation and return all interview and selection materials to Human Resources.

F. Record retention. Human Resources shall retain interview and selection records under a records retention and disposition schedule approved by the Department of Library, Archives, and Public Records.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-5-310 Pre-employment Processing

A. Pre-employment screening. Before appointment to a position, a candidate shall successfully pass a background investigation and any other examination considered appropriate by the agency head.

B. Withdrawal from selection process. If a candidate elects to withdraw from the selection process, Human Resources shall document the candidate's withdrawal.

C. Failing to successfully complete an examination. If a candidate fails to successfully complete any of the requirements in subsection (A), Human Resources shall document the failure and disqualify the candidate.

D. Final processing. When a candidate passes all the pre-employment requirements, Human Resources shall prepare and submit the appropriate forms to the agency head for approval.

E. Declining position offers. Human Resources may remove from a certified list any candidate who declines an appointment offer.

F. Requesting accommodation. If a selected candidate requests a special accommodation under state or federal law, Human Resources shall confer with appropriate personnel to determine if a reasonable accommodation is possible.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-311 Appointments

A. Required oath of office. An appointee shall read the oath described in A.R.S. § 38-231(G) and agree in writing to uphold the office before the agency head, or a designee authorized to administer an oath.

B. Refusal to take oath. Any person who refuses or fails to take the oath required by this Section within the time provided shall forfeit the right to the position.

C. Filing of oath. When the oath is signed by an appointee, Human Resources shall file the oath in the employee's personnel file.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-312 Limited-term Appointments

A. Limited-term appointment. After successfully completing initial probation, an appointee to a limited-term position obtains the rights of a permanent employee, except for the opportunity to compete for retention against regular employees in a case of layoff due to a reduction-in-force.

B. Employing a limited-term candidate. An eligible candidate is employed based upon the candidate's position on the eligibility list and the candidate's willingness to accept a limited-term appointment.

C. Separation. The agency may separate a limited-term employee at the expiration of the appointment by notifying the employee in writing. If a provisional or an intermittent employee remains employed in the same classification, the agency shall not separate a limited-term employee except for reasons listed in A.R.S. § 41-1830.15.

D. Effect of transfer or promotion.

1. A limited-term employee who transfers or promotes from a limited-term position to a non-limited-term position shall obtain the rights of a permanent employee. Time spent in a limited term position is counted as service time in cases of layoff due to a reduction-in-force.

2. An employee who transfers or promotes from a non-limited-term position to a limited-term position shall retain the rights of a permanent employee. Time spent in a limited-term position is counted as service time in case of layoff due to a reduction-in-force.

E. Special limited term. A candidate for the classification of officer may be employed in a special limited-term position as a cadet officer or officer trainee for a maximum of three years pending completion of requirements for the classification of officer.

1. Cadet officer. A candidate who is appointed to attend an agency's training academy shall be employed as a cadet officer. Upon successful completion of the training academy and certification as a peace officer by the Peace Officers Standards and Training Board, the candidate shall be reclassified to the classification of officer.

2. Officer trainee. A candidate who is not appointed to a training academy shall be employed as an officer trainee if:

a. The candidate is between 18 and 21 years of age. If while employed as an officer trainee, the candidate reaches the age of 21 years, and has achieved a performance rating of standard or above for the prior year, the employee shall be promoted to the classification of cadet officer when an opening in the training academy is available.

b. The candidate is 21 years of age or older, is on the employment list for the classification of cadet officer, and is waiting for an opening in the agency's training academy. The candidate shall remain on the cadet officer employment list and shall be appointed to the classification of cadet officer when an opening in the training academy is available.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5373, effective November 6, 2001 (Supp. 01-4). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-5-313 Provisional Appointments

A. Provisional appointment. When no employment or internal list is available, an agency head may make a provisional appointment. A provisional appointment continues only until an eligibility list is certified by the business manager.

B. Length of appointment. Within 12 months of a provisional appointment, Human Resources shall conduct an appropriate examination and establish an eligibility list for a classification with a provisional appointee.

C. Separation. Upon separation from a provisional appointment, an employee shall have no right of appeal to the Council for review of the agency head's action.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-314 Intermittent Appointment

A. Intermittent position. When an agency head needs a person to work on an intermittent or irregular basis, the agency head shall request a list of candidates for intermittent appointment. An applicant who meets the minimum qualifications and indicates willingness to accept the terms of intermittent employment shall be placed on an eligibility list for selection to an intermittent position.

B. For the purposes of this Section, an intermittent employee means an employee in an intermittent position.

C. Establishing an intermittent employment list. The business manager shall establish an intermittent employment list, as follows:

1. An employee who leaves an agency may be placed on an intermittent employment list for a classification the employee previously held. The employee shall not be required to take an examination to be placed on an intermittent employment list if the request is received within one year from the time the employee left that classification and the employee's last evaluation in that classification was standard or above.

2. An employee who is reassigned or promoted to another classification may be placed on an intermittent employment list for the classification previously held. The employee shall not be required to take an examination to be placed on an intermittent employment list if the request is received within one year from the time the employee left that classification and the employee's last evaluation in that classification was standard or above.

3. The business manager shall establish an intermittent employment list in the same manner as an employment eligibility list.

D. Benefits for an intermittent employee. An employee in an intermittent position shall not receive the benefits afforded a full or part-time employee. An intermittent employee shall not acquire annual or sick leave benefits and shall not receive credit for time in the intermittent position for the purposes of pay adjustments in the classification.

E. Eligibility for promotion. An intermittent employee shall not compete in a promotional process.

F. Rate of pay. The agency head shall determine the rate of pay for an intermittent employee.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5373, effective November 6, 2001 (Supp. 01-4).

Ariz. Admin. Code § R13-5-315 Employee Conduct

A. Standards of conduct. An employee shall perform the duties and responsibilities of the employee's assigned classification and position. An employee shall comply with applicable laws, rules, and agency policy. An employee shall demonstrate respect, fairness, diligence, impartiality, courtesy, efficiency, and integrity in all contacts with the public and other employees.

B. Fitness for duty. If a supervisor has reasonable doubt that an employee is psychologically or physically able to perform the essential duties of the position, the supervisor shall request the agency head's permission to have the employee evaluated by a psychologist or physician determined by the agency. Upon approval, Human Resources shall schedule an appointment, and the employee shall submit to an evaluation. The examiner shall provide the agency head with conclusions, recommendations, and other information necessary to decide whether the employee is fit for duty.

C. Political activity. An agency employee shall not violate the provisions of A.R.S. § 41-772 concerning permissible and improper political activity.

D. Conflict of interest. An agency employee shall not violate the conflict of interest provisions of A.R.S. §§ 38-501, 38-502, 38-503, and 38-504 while engaged in outside activities or employment.

E. Nepotism. An employee or candidate for employment shall not be appointed to any position in violation of A.R.S. § 38-481, nor shall an employee misuse or abuse appointment privileges.

F. Attending Council meetings. With supervisory approval, an employee may attend a meeting of the Council during working hours if the employee is an interested party in a matter scheduled for consideration. The employee may have another representative assist in the presentation before the Council.

G. Employee organization attendance at Council meetings. The agency head may authorize a recognized employee organization to send at least one representative to each Council meeting during working hours.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2).

Ariz. Admin. Code § R13-5-316 Probation

A. Initial probation. An employee shall serve an initial probationary period of 12 months. Time spent in a special limited term position does not count toward the initial probation in an officer classification.

B. Promotional probation. An employee shall serve a promotional probationary period of 12 months.

C. Effects of reclassification on probation. The probationary status of an employee reclassified as a result of a classification and compensation maintenance review under R13-5-201(H) is as follows:

1. A permanent status employee shall not be required to serve a new probationary period if the employee continues to perform the same duties previously performed in the reclassified position.

2. A probationary employee shall continue to serve the probationary period.

D. Effect of military service on probation. If a probationer is called into active military service and returns to the agency and satisfactorily completes probation, the employee's personnel record shall show that the employee achieved permanent status on the date the employee would have completed probation if military service had not intervened.

E. Extension of probation. An agency head may extend an employee's probationary period by adding a period equal to the time the employee was absent from work or when the employee's performance was below standard. If the probationary period is extended, the manager shall notify the employee of the extension before the end of the probationary period.

F. Satisfying probation. A probationer who achieves a standard or higher performance evaluation by the end of the probationary period shall obtain permanent status in the appointed classification.

G. Permanent status by default. An employee shall achieve permanent status by default if the employee's manager either fails to extend or reject the probationary period prior to the last day of the employee's probation.

H. Rejection of a probationer. An agency head may, at any time during the probationary period, reject a probationer without cause and without the right to Council review.

I. Effect of rejection of initial probationer. If an employee is rejected during initial probation the employee shall be separated from the agency.

J. Effect of rejection of promotional probationer. If a regular employee is rejected during promotional probation or probation for a different but equal classification, the agency head shall reappoint the employee to a vacant position in the employee's former classification or an equal position for which the employee is qualified. If there is no vacancy in an appropriate classification, the agency head may temporarily assign the employee until a vacancy is available.

K. Notice of rejection of probation. An agency shall notify a rejected probationer as follows:

1. The employee's manager shall prepare a notice, stating the effective date of the rejection. The manager shall ensure that this date is no later than the last day of the probationary period.

2. The employee's manager shall obtain the agency head's signature on the notice of rejection.

3. The employee's manager shall serve the probationer with the notice, either in person or by mail, on or before the effective date of rejection.

4. The employee's manager shall submit a copy of the rejection notice to the business manager within 20 days after the notice is served.

L. Review of rejection of promotional probation. Within 20 days after the employee's manager delivers or mails the notice, a rejected promotional probationer may file a written request with the Council for review of the rejection. The Council may review the procedures utilized by the agency to assure conformity with Council rules and statutes.

M. Withdrawal of rejection. At any time before the Council acts on a probationer's rejection, the agency head may withdraw the notice of rejection and restore the employee to the previous position or another position for which the employee is qualified.

N. Probation for a returning employee. If a separated employee is reinstated to a classification previously held with permanent status, the agency head may require the employee to serve a probationary period. If a separated employee is recalled or reinstated into a classification different from any classification previously held with permanent status, the employee shall serve a probationary period. If an employee is separated from an agency while serving an initial probation, the employee shall be required to serve an initial probation upon being recalled or reinstated.

O. Probation not required. If an employee is recalled or reappointed within two years after undergoing a reduction-in-force, the employee shall not be required to serve a probationary period if reappointed to the same classification previously held with permanent status. An employee shall not be required to serve another probationary period if the employee is:

Reinstated by the Council, or

Reassigned or demoted by the agency head into a classification previously held by the employee.

P. Probation for a special limited term employee. An employee in a special limited term position pending completion of requirements for the classification of officer shall serve an initial probation throughout the duration of the special limited term appointment. An employee promoted to officer from a special limited term position shall serve a one-year initial probation in the officer classification.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 6 A.A.R. 4495, effective November 7, 2000 (Supp. 00-4). Amended by final rulemaking at 7 A.A.R. 5373, effective November 6, 2001 (Supp. 01-4). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2).

Ariz. Admin. Code § R13-5-317 Performance Evaluations

A. Establishing a performance evaluation program. The Council shall adopt and an agency shall administer a performance evaluation program. The program shall include a rating system that informs the agency head and the employee of the employee's relative level of performance. The evaluation program shall include training on how to achieve and maintain standard performance and how to improve performance.

B. Performance evaluation manual. The Council shall provide a manual that provides clear and concise guidelines for objectively measuring and reporting employee performance. Only the Council may authorize a revision of the manual. Each employee shall receive a copy of the manual, which includes evaluation procedures and forms.

C. Frequency of evaluation. A supervisor shall evaluate and give each permanent-status employee a written performance evaluation at least one time in each 12 month period. A supervisor shall evaluate a probationary employee at least one time in each six-month period.

D. Effect of failure to evaluate. If an employee's supervisor fails to evaluate the employee, or fails to evaluate the employee by the end of the rating period, the employee shall be given no less than a standard evaluation for that period.

E. Grieving an evaluation. An employee who receives a less than standard rating may file a grievance with the agency head. If the grievance is denied by the agency head, the employee may grieve to the Council any overall rating that:

1. Is less than standard,

2. Would cause a reduction in pay, or

3. Would result in withholding or postponing a salary adjustment.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Article 4 ASSIGNMENTS

Ariz. Admin. Code § R13-5-401 Special Duty Assignment

A. General. An agency head may assign an employee to a special duty assignment in the employee's current classification or a higher classification. A special duty assignment is temporary and is not a promotion.

B. Pay and eligibility. An agency head may add special-duty pay to the employee's base pay. If the special duty assignment is for a different or higher classification, the agency head may authorize a pay rate within that classification. A special duty assignment is subject to the following conditions:

1. The assigned employee meets the minimum requirements of the special duty classification; and

2. The assigned employee performs the duties of the assigned classification.

C. Review by Council. Special duty assignments shall be biennially reviewed by the Council no later than September in even numbered years.

D. Return to regular duty. Upon completion of a special duty assignment, the agency head shall discontinue special duty pay and reassign the employee to the previously held position or to a similar position in the same classification at the employee's normal pay level.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-402 Uncovered Appointment

A. Authorization. An agency head may authorize an employee to temporarily accept an uncovered appointment within:

1. The agency,

2. Another state agency,

3. The Governor's office,

4. The Legislature, or

5. Another government agency.

B. Employee rights. An employee in an uncovered appointment shall retain all employee rights except for the right to appeal removal from the uncovered appointment.

C. Returning to regular duty. Upon completion of an uncovered appointment, the agency head shall reassign the employee to the previously held position or to a similar position in the same classification.

D. Leave policy for an uncovered employee accepting a covered position: An uncovered employee of a state agency or any state budget unit may transfer accrued annual and sick leave when accepting a covered position with an agency under the jurisdiction of the Council.

1. Annual leave.

a. Up to 360 hours of annual leave may be transferred at the gaining agency's discretion.

b. Annual leave in excess of 360 hours shall be paid off by the losing agency.

c. An employee shall be paid for any annual leave that is not accepted by the gaining agency.

2. Sick leave. All accrued sick leave hours shall be accepted by and transferred to the agency.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 23 A.A.R. 2564, effective 11/5/2017.

Ariz. Admin. Code § R13-5-403 Transfer of an External Function

A. Transferring a function. If a state program is transferred into an agency, the losing agency shall pay a transferring employee for all accrued compensatory leave as of the date of the transfer. Effective on the date of transfer, the losing agency shall also transfer sufficient funds to the receiving agency to pay for accrued annual leave, recognition leave, and sick leave of a transferring employee.

B. Council action. The business manager shall determine the classification of a transferring employee and recommend that the Council adopt other classifications that need to be added or revised.

C. Transferee status. A transferee shall retain accrued annual leave, recognition leave, sick leave, and length of state service. A transferee shall also retain the transferee's current rate of pay until the Council reviews and approves a new or existing compensation schedule.

D. Appointing a transferee. An agency head shall determine the organizational placement of a transferred program and appoint each transferee to an appropriate position.

E. Probation. A transferee on probation at the time of the transfer shall complete the transferee's probationary period under R13-5-316 before obtaining permanent status.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Article 5 EMPLOYEE LEAVE

Ariz. Admin. Code § R13-5-501 Employee Leave Guidelines

A. Accrual of leave. An employee may accrue the following types of paid leave:

1. Annual leave,

2. Holiday leave, and

3. Sick leave.

B. Accruing leave. An employee shall accrue leave for a pay period if the employee is in pay status for at least one-half of the employee's normal scheduled work week.

C. Part-time employees. A part-time employee scheduled to work 20 or more hours in a week shall accrue leave based on the percentage of full-time hours specified in the appointment. An employee scheduled to work less than 20 hours in a week shall not accrue leave.

D. Leave request. An employee shall not use leave before it is accrued. An employee shall obtain supervisory approval before taking leave. An agency may establish a policy allowing delayed notice to the employee's supervisor in emergency situations.

E. Time accounting record. An agency shall maintain a record of time worked, leave earned, leave taken, and accrued leave balances for an employee. A non-exempt employee shall report all time worked and all leave taken on a weekly basis. An exempt employee shall report leave taken as directed by agency policy.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-5-502 Administrative Leave

An agency head may authorize administrative leave with pay:

1. During a disaster, state of emergency, or a day of mourning declared by the Governor;

2. When an employee is instructed to not report for duty, or to return home because of a hazardous condition; or

3. To temporarily relieve an employee from duty for the good of the agency or the employee.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-503 Annual Leave

A. Computing length of service. For determining an annual leave accrual rate, an employee's length of service shall begin on the first day of the first qualifying pay period of employment. Only a qualifying pay period is counted before and after a break-in-service. Previous periods of service as a state employee are counted toward annual leave accrual. Periods of military leave and active military service are included in computing annual leave if the employee meets the requirements of A.R.S. § 38-610.

B. Accruing annual leave. A full-time employee shall accrue annual leave under the following schedule:

| Beginning | Completion | Biweekly accrual rate | | --- | --- | --- | | 1st year | 5th year | 4.62 hours | | 6th year | 10th year | 5.54 hours | | 11th year | 20th year | 6.47 hours | | 21st year | | 7.39 hours |

C. Progression of annual leave. An employee shall progress to the next higher accrual rate on the first day of the pay period following completion of the required length of service.

D. Using annual leave. An employee may use accrued annual leave under state and federal law and agency policy. The employee shall schedule the use of accrued annual leave through the employee's supervisor.

E. Maximum accumulation and disposition. An employee may accumulate annual leave without limit during a year. At the end of each year, an employee's annual leave balance shall not exceed 360 hours. It shall be the responsibility of each employee to schedule annual leave to avoid having a balance over 360 hours at the end of the year. If an employee's annual leave balance on January 1 exceeds 360 hours, the agency head may withdraw the excess and deposit the hours as sick leave in the employee's sick leave balance. The agency head may authorize a later date for conversion of excess annual leave if an employee's duty assignment, receipt of recognition leave, injury, or illness prevents timely use of annual leave.

F. Compensation for unused leave. Upon separation from agency employment, an employee is paid for any unused annual leave remaining in the employee's account at the average rate received by the employee in the last three years of the employee's employment or the employee's current rate of pay, whichever is higher.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 6 A.A.R. 4495, effective November 7, 2000 (Supp. 00-4). Amended by emergency rulemaking at 10 A.A.R. 1163, effective March 4, 2004 (Supp. 04-1). Emergency expired after 180 days; the Section on file prior to the emergency has been restored (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-5-504 Civic Duty

A. Voting. Under conditions outlined in A.R.S. § 16-402, an employee may be absent with pay for the time required to vote.

B. Jury duty. An employee shall report for jury duty as directed by a summons unless officially excused by the Jury Commissioner for reasons under A.R.S. § 21-202. When summoned, the employee shall notify or provide the immediate supervisor with a copy of the summons.

1. While on jury duty, an employee is considered absent with pay.

2. Upon receipt of a summons for jury duty, a commissioned employee shall notify the Jury Commissioner of the employee's peace officer status.

C. Witness. An employee subpoenaed as a witness is considered absent with pay, unless the subpoena is unrelated to agency business.

D. Fees. An employee paid for civic duty under this Section shall forward all jury duty or witness fees to the agency.

E. Vehicle mileage reimbursement. An employee may retain any mileage reimbursement paid by the court for the use of a privately owned vehicle. An employee shall remit to the agency any mileage reimbursement for use of a state-owned vehicle.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2).

Ariz. Admin. Code § R13-5-505 Compensatory Leave

A. Compensatory leave. An agency shall establish policies and guidelines for accruing compensatory leave under the overtime provisions of the Fair Labors Standards Act.

B. Using compensatory leave. An employee may use accrued compensatory leave under state and federal law and agency policy. The employee shall schedule the use of accrued compensatory leave through the employee's supervisor.

C. Payment upon separation. Upon separation from an agency, an employee shall be paid for any accrued compensatory leave remaining in the employee's account at the average rate received by the employee in the last three years of the employee's employment or the employee's current rate of pay, whichever is higher.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-506 Donated Annual Leave

A. Definitions for purposes of this Section:

"Recipient" means an employee in the same agency as a donating employee or a family member of the donating employee who is employed in another agency, department, board, or commission.

2. "Family member" means a spouse, natural child, adopted child, foster child, stepchild, natural parent, stepparent, adoptive parent, grandparent, grandchild, brother, sister, sister-in-law, brother-in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law.

3. "Immediate family" means a spouse, child, brother, sister, natural parent, stepparent, adoptive parent, or an individual for whom a recipient has legal guardianship.

4. "Extended illness or injury" means a period of at least three consecutive weeks to a maximum of six consecutive months.

"Seriously incapacitating" means an illness or injury that renders an employee unable to perform the employee's duties, or that confines an immediate family member to home or hospital.

B. Donating leave. An employee may donate accrued annual leave to a recipient who qualifies for donated leave under the personnel rules of the agency where the recipient is employed and who has exhausted all available leave balances. An employee may donate accrued annual leave by submitting a written notice to the Human Resources section of the donating agency with the information required under the agency's policies.

C. Qualifying for donated leave. An employee may request and use donated annual leave if the employee has a seriously incapacitating or extended illness or injury or a member of the employee's immediate family has a seriously incapacitating and extended illness or injury and the employee has exhausted all available leave balances.

1. An employee requesting donated leave shall submit a written request for donated leave under the agency's policy. An agency shall approve only those requests that qualify for donated leave under this Section.

2. Except as provided in subsection (C)(3), an employee receiving donated leave shall not use more than six consecutive months of donated leave per illness or injury.

3. If an employee who has a seriously incapacitating or extended illness or injury applies for long-term disability (LTD) insurance by the end of the fifth month of leave, the employee may continue to use donated leave until an LTD determination is made.

D. Calculating donated leave. An agency shall convert the number of hours of annual leave donated in proportion to the hourly rate of pay of the donating employee and the recipient. Donated hours are converted by multiplying the number of hours donated by the donating employee's hourly rate of pay and dividing the result by the recipient employee's hourly rate of pay. An agency shall add hours converted to the recipient's sick leave balance as needed.

E. Distributing unused leave. If a recipient separates from state service before the recipient uses all donated leave, no longer qualifies for donated leave, or otherwise no longer needs donated leave, the agency shall return unused leave to the contributor of the donated leave on a pro-rata basis, unless a contributor gives written notice to Human Resources to deposit the unused leave into an agency "donated-leave bank" for use of other employees in the future.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5373, effective November 6, 2001 (Supp. 01-4). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2).

Ariz. Admin. Code § R13-5-507 Holiday Leave

A. Paid holidays. An agency shall observe the holidays authorized under A.R.S. § 1-301.

B. Eligibility. To be eligible for holiday leave, a full-time employee shall be in pay status for 10 or more hours in the work week in which the holiday occurs. A part-time employee shall be in pay status for five or more hours in the work week. The holiday hours that would be accrued cannot be used to satisfy any part of this requirement.

1. If a holiday occurs on an employee's regular work day, the employee may be absent with pay for the number of hours the employee is regularly scheduled to work, up to a maximum of eight hours, unless the employee is required to work to maintain essential state services.

2. An employee required to work on a holiday shall receive pay for the time worked, and leave hours for the number of hours regularly scheduled to work on that day, up to a maximum of eight hours.

3. If a holiday occurs on a day when an employee is scheduled to work, but the employee is unable to work because of an illness or injury, the employee may take sick leave and accrue holiday leave credits as provided under subsection (C) for the number of hours regularly scheduled to work on that day, up to a maximum of eight hours.

4. An employee not scheduled to work on a holiday shall receive leave credits up to a maximum of eight hours.

C. Accruing holiday leave. An agency may credit holiday leave to the employee's annual leave balance or establish a separate balance for holiday leave. The agency shall add accrued holiday leave to an employee's annual or holiday leave balance.

D. Using holiday leave. An employee may use accrued holiday leave under state and federal law and agency policy. The employee shall schedule the use of accrued holiday leave through the employee's supervisor.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-5-508 Industrial Leave

An agency shall establish policies and procedures to comply with statutes regulating industrial leave under A.R.S. § 23-901, et seq. and A.R.S. § 23-1043.02.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-509 Leave Amortization

An agency may provide a leave amortization plan for an employee planning to retire.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-510 Leave without Pay

A. Short-term leave without pay.

1. An agency head shall place an employee on leave without pay when the employee is unable to report to work due to illness or non-industrial injury and the employee has no accrued or donated leave balance to cover the absence. The supervisor may require the employee to submit supporting documentation for sick leave without pay. If the absence exceeds five working days, the employee must request leave without pay as outlined in subsection (A)(2) of this Section.

2. An employee may request a leave of absence without pay of 30 working days or less by notifying the employee's manager as soon as possible and submitting a signed memorandum. The employee shall include the reason for the request and the employee's intended departure and return-to-duty dates. The agency head may approve or deny the request and may set a date for the employee's return. If the leave is approved, the employee's manager shall notify the employee in writing, including any stipulation of approval. If the employee returns on schedule, the employee shall retain the position held before the leave of absence.

B. Extended leave without pay. An employee may request an extended leave-of-absence without pay of over 30 working days by notifying the employee's manager as soon as possible and submitting a written request under the agency's policies and procedures.

1. Approval. An agency head may approve an extended leave without pay. If extended leave without pay is approved, an employee shall sign a leave of absence agreement with the agency. The leave-of-absence agreement shall outline the conditions of the leave and the employee's return to work.

Cancellation. An agency head may cancel a leave-of-absence without pay for any of the following reasons:

a. The employee violates any condition of the leave-of-absence agreement, including failure to return to work on schedule;

b. The agency head directs the employee to return to duty because of a need for the employee's services; or

c. The employee requests to return early from the leave-of-absence.

3. Return to work. An employee shall return to duty on schedule from any approved leave of absence unless an extension is approved by the agency. When an employee returns from an extended leave without pay, the agency head shall return the employee to the same position, to another position in the same classification, or to a position in a similar classification for which the employee is qualified, provided:

a. The employee complied with all terms of the leave-of-absence agreement, and

b. The employee passes background screening by the agency head.

C. Disposition of accrued leave. An employee may retain annual and sick leave balances while on an extended leave-of-absence. An employee shall be paid for any unused compensatory or holiday leave balances at the beginning of an extended leave-of-absence. If an employee is granted leave without pay to accept an uncovered appointment with the Governor, the Legislature, or another state agency, the agency head shall transfer the employee's accumulated sick leave to the receiving agency. The employee's annual leave may also be transferred if the employee and both agencies agree.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-511 Military Leave of Absence

A. Privileges of military service. An employee shall receive all rights provided by state and federal law for a military leave-of-absence under A.R.S. § 26-168 and A.R.S. § 38-610.

B. Notifying the agency. An employee expecting an assignment to military duty shall notify the immediate supervisor as soon as possible. Upon receiving orders to report, the employee shall submit a copy of the orders and a written request for military leave to the employee's supervisor. The supervisor shall process the request under the agency's policy and procedure for a military leave-of-absence.

C. Extended military leave. If an employee's orders for active duty exceed the time limit for paid military leave, the employee may request to use accrued leave or leave without pay for the remainder of the military leave.

D. Returning to position. Upon return from military leave-of-absence, an agency head shall restore an employee to the position held before the military leave-of-absence, or to a similar position within the employee's classification.

E. Promotion. Upon return from a military leave-of-absence, an employee may be promoted by the agency head if the employee's name was on a promotional list at the time of activation into military service.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-512 Recognition Leave

A. Employee recognition. An agency head may grant paid time off as part of recognition given to worthy employees under a formal awards program, or as an incentive for continued superior performance. The agency shall publish recognition leave guidelines for annual nominations, selections, and awards.

B. Adding to leave balance. An employee awarded recognition leave shall receive annual leave hours added to the employee's leave balance.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-513 Sick Leave

A. Definitions. The following definitions shall apply in this Section:

1. "Family sick leave" means:

a. Providing personal care or attending to an employee's family member who has a serious illness, injury, or temporary disability;

b. A medical appointment for a family member or transporting of a family member to a medical appointment by a licensed health care provider; or

c. Attendance at the death or funeral of an employee's family member.

B. Accruing sick leave.

1. A full-time employee shall receive 4.62 hours of sick leave biweekly.

2. The following employees are not eligible for sick leave:

a. A part-time employee working less than 20 hours in a week,

b. An intern, and

c. An intermittent employee.

3. An employee shall receive sick leave credit if the employee is in pay status for at least one-half of the employee's normally scheduled work week.

4. Sick leave may be accrued without limit.

C. Using sick leave. A supervisor shall authorize sick leave if an employee is absent because of:

1. An illness that makes the employee unable to perform official duties,

2. An appointment with a licensed health care provider, or

3. Family sick leave.

D. Family sick leave limits. Family sick leave shall not exceed 40 hours in a year. An employee may use annual leave to supplement or instead of family sick leave. If an employee has used the authorized 40 hours of family sick leave and exhausted all compensatory and annual leave, the agency head may authorize the employee to use the employee's sick leave.

E. Supervisory review of sick leave. A supervisor may require supporting documentation for any sick leave. If the employee fails to provide necessary documentation of the use of sick leave or violates any provision of this Section, the employee's supervisor may disapprove the sick leave and charge the absence to the employee's annual leave or leave without pay. When an employee has been on sick leave for five or more consecutive days, the supervisor may require the employee to submit evidence that the employee consulted a doctor.

F. Returning from sick leave. An employee shall return to duty or to limited duty as soon as the employee is able to do so with permission of the employee's physician and without posing a risk to the employee or others.

G. Medical review. If a supervisor is concerned about a returning employee's fitness for duty, the supervisor may request a medical evaluation under R13-5-315(B), or request that the employee be temporarily assigned to limited duty.

H. Forfeiture of sick leave. An employee shall forfeit accumulated sick leave upon separation from state service, unless eligible for payment under the provisions of A.R.S. § 38-615.

I. Restoring sick leave. If a former employee is recalled, reinstated, or rehired within two years, an agency shall restore the employee's previous sick leave balance. Sick leave for which the employee received compensation under A.R.S. § 38-615 is excluded from restoration.

J. Sick leave credit for Arizona state service. Upon appointment to an agency, an Arizona state employee with previously accrued sick leave may have the sick leave credit added to the employee's leave balance, provided:

1. The employee does not receive compensation for accrued sick leave upon separating from a state agency;

2. The employee is hired within two years of separating from a state agency; and

3. The employee was hired after December 31, 1996.

K. Agency leave policy. An agency shall establish a sick leave policy that complies with all of the provisions of the Family and Medical Leave Act.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 6 A.A.R. 4495, effective November 7, 2000 (Supp. 00-4). Amended by emergency rulemaking at 10 A.A.R. 1163, effective March 4, 2004 (Supp. 04-1). Emergency expired after 180 days; the Section on file prior to the emergency has been restored (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).

Article 6 GRIEVANCES

Ariz. Admin. Code § R13-5-601 Agency Grievance System

A. General. The agency shall provide a system for considering and responding to an employee grievance regarding classification, compensation, performance evaluation, and application of Council rules.

B. Denial. When an agency head denies an employee grievance regarding classification, compensation, performance evaluation, or application of Council rules, the agency head shall notify the Council.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-602 Council Review

A. General. The Council shall only review a grievance related to classification, compensation, employee appraisal system, and application of Council rules after the employee exhausts the remedies in the agency's grievance process. If the grievance remains unresolved, the employee may file a request for Council review within 20 days after the employee receives the agency's notice of denial of the grievance.

B. Procedure. An employee shall submit a written request for Council review of a grievance.

1. The employee's request shall include:

a. The specific relief sought by the employee;

b. The asserted factual basis for relief, and

c. An account of the agency's response during the internal grievance process.

2. Upon receipt of the request, the Council shall send a copy of the request to the agency head.

C. Response. The agency may file a written response with the Council at any time before the Council reviews the grievance. The agency head shall send a copy of the response to the employee at least 10 days before the Council reviews the grievance. At the employee's request, the 10 days may be waived.

D. Informal dispositions. The Council may informally dispose of a grievance without further review of the merits, under any of the following methods:

1. By withdrawal, if the employee withdraws the grievance in writing or on the record at any time before a decision is issued;

2. By default to the appearing party, if the employee or the agency, fails to appear at the meeting; or

3. By stipulation, if the parties agree on the record or in writing at any time before the Council issues a decision on the grievance.

E. Council review. The Council shall review an employee's grievance in an open meeting. The Council shall allow the employee to make a statement in support of the grievance, and shall allow the agency an opportunity to respond. The Council may limit the length of the parties' statements. In its discretion, the Council may allow the employee or the agency to present testimonial or documentary evidence on the issue. If the Council allows a party to offer evidence, the Council shall allow the other party an opportunity to respond with argument or evidence. The Council may limit the time parties are allowed to present evidence.

F. Scheduling of Council review. An employee's grievance shall be scheduled for the next available business meeting of the Council but no sooner than 20 days after the grievance was received by the business manager. At the employee's request, the 20 days may be waived.

G. Representation by counsel. Both the agency and the employee may have counsel present during the Council's review of the grievance.

H. Decision. The Council shall state its decision in an open meeting. The Council shall sustain the agency's action on the grievance unless it finds the agency's denial is not supported by substantial evidence or is inconsistent with Council rules.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Article 7 DISCIPLINE AND APPEALS

Ariz. Admin. Code § R13-5-701 Causes for Discipline

A. The causes for discipline for employees are found in A.R.S. § 41-1830.15.

B. The causes for discipline for covered employees are found in A.R.S. § 41-773.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 23 A.A.R. 2564, effective 11/5/2017.

Ariz. Admin. Code § R13-5-702 Disciplinary Procedures

A. Receiving a complaint. A person may file a complaint with an agency asserting that an employee engaged in activity constituting cause for discipline and requesting that the agency head take appropriate disciplinary action against the employee or covered employee.

B. Initiating disciplinary action. An agency head may take appropriate disciplinary action against an employee for any cause listed in A.R.S. § 41-1830.15 or against a covered employee for any cause listed in A.R.S. § 41-773.

C. Interview of an employee. In conducting an interview of an employee being investigated for possible disciplinary action, an agency shall comply with A.R.S. § 38-1104.

D. Time limit for filing a disciplinary action. An agency shall not file a disciplinary action later than 180 days after the date the agency discovers or should have discovered that the employee engaged in alleged activity constituting cause for discipline. The disciplinary action is deemed to be filed when the notice is filed with the Council.

E. Exceptions to the 180-day rule.

1. The time limit in subsection (D) does not run:

a. During the time that any criminal investigation or prosecution is pending in connection with the act, omission or other allegation of misconduct; or

b. During the period of time in which an employee or covered employee who is involved in the investigation is incapacitated or otherwise unavailable; or

c. During the period prescribed in a written waiver of the limitation by the employee or covered employee; or

d. During emergencies or natural disasters during the time period in which the governor has declared a state of emergency within the jurisdictional boundaries of the concerned employer; or

e. During a multijurisdictional investigation, the time limit may be extended for a period of time reasonably necessary to facilitate the coordination of the employers involved.

2. At the request of an agency, the Council may, upon a showing of good cause, extend the time for an agency to file a disciplinary action up to a maximum of 90 days beyond the original 180-day period.

3. If a manager or supervisor is aware of an employee's alleged actions that constitute a criminal offense but fails to act, the time limit does not run during the period of the manager or supervisor's inaction if the supervisor or manager is disciplined for failure to act and:

a. The offense is a misdemeanor involving theft or moral turpitude and is discovered within 180 days after the 180-day period for taking disciplinary action, or

b. The offense is a felony.

4. The agency shall maintain documentation to support any exception to the 180-day time limit, including the dates during which the time limit does not run.

F. Notice of disciplinary action. An agency head shall serve a written notice on the employee or covered employee within 10 days after the agency files the notice of disciplinary action with the Council. Service shall be completed in accordance with R13-5-104(D) . The agency head's notice shall include:

1. A statement of the nature of the disciplinary action;

2. Any prior disciplinary action on which the current discipline is based;

3. The effective date of the action;

4. A specific statement of the causes; and

5. A statement of the employee's or covered employee's right to appeal and the time limit in which the employee or covered employee must file an appeal with the Council under R13-5-703(A), (B), and (C).

G. Amended notice of disciplinary action before appeal is filed. At any time before an employee or covered employee files an appeal, the agency head may file with the Council and serve the employee or covered employee or former employee or former covered employee with an amended or supplemental notice of disciplinary action.

H. Effect of dismissal. An employee's or covered employee's dismissal from the agency shall entail:

1. Dismissal from all positions held by the employee or covered employee,

Removal of the employee's or covered employee's name from all employment or promotional lists, and

Termination of the employee's or covered employee's pay on the date of dismissal.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2). Amended by final rulemaking at 23 A.A.R. 2564, effective 11/5/2017.

Ariz. Admin. Code § R13-5-703 Appeal to the Council by Employees

A. Appealable actions by employees. An employee may appeal any disciplinary action that results in the employee's dismissal, demotion, suspension without pay, forfeiture of accrued leave time, or reduction of pay.

B. Form of appeal. To initiate an appeal, an employee shall submit a signed written appeal to the business manager and the agency head. The appeal must state specific facts relating directly to the charges on which the appeal is based.

C. Time for appeal. An employee shall file an appeal within 30 days after being served with the notice of disciplinary action.

D. Agency responsibility. An agency shall have the burden of going forward with the case once an appeal has been filed. An agency must prove by a preponderance of the evidence that it had just cause to discipline the employee.

E. Effect of appeal. The Council shall determine whether the employing agency has proven by a preponderance of the evidence that the employing agency had just cause to discipline the employee. The Council shall reverse the decision of the agency head if the Council finds that just cause did not exist for any discipline to be imposed and, in the case of dismissal or demotion, return the employee to the same position the employee held before the dismissal or demotion with or without back pay. On a finding that the agency has not proven just cause to discipline the employee by a preponderance of the evidence, the Council may recommend a proposed disciplinary action in light of the facts proven.

F. Agency action after receiving a decision or recommendation. The agency head or the agency head's designee shall accept, modify or reverse the Council's decision or accept, modify or reject the Council's recommendation within fourteen days of receipt of the findings or recommendation from the Council. The decision of the agency head is final and binding. The agency head shall send a copy of the agency's final determination to the employee.

F. G.Amended notice of disciplinary action after employee files an appeal. If good cause exists, an agency head may file with the Council a motion to amend the notice of disciplinary action. The motion shall be filed no later than 14 days before the hearing.

G. H. Notice of hearing. The Council shall notify the parties of the time and place of the hearing.

H. I. Failure to appear. If a party, without good cause, fails to appear at the time and place set for a hearing, the Council may find in favor of the appearing party.

I. J.Conduct of hearings. The Council shall sit as a whole at a hearing, unless a Council member declares a conflict or is unable to attend. Only a Council member who was present at a hearing may participate in making the decision. Council members may administer oaths, issue subpoenas for the attendance of witnesses and the production of books or papers, and cause the depositions of witnesses residing within or outside the state to be taken in the manner prescribed by law for depositions in civil cases in the Superior Court of this state.

J. K.Witness fees. Witnesses at a hearing, other than employees, are entitled to the fees allowed witnesses under A.R.S. § 12-303.

K. L. Payment of witness fees. If the Council subpoenas a witness on its own initiative, the Council shall pay the witness' fees and mileage. The requesting party shall pay the fees for subpoenaed witnesses. An employee appearing as a witness on duty shall receive travel expenses from the agency and shall not be entitled to witness fees.

L. M. Discovery.

1. Within three business days after receiving a written request from the employee, the agency shall provide a complete copy of the investigative file, as well as the names and home or work mailing addresses of all persons interviewed during the course of the investigation, to the employee. For the purpose of this subsection, hand-written notes substantially incorporated within a report are not considered part of the investigation file.

2. Within 20 days after receiving the investigative file, the employee shall provide all material relating to the defense of the employee to the agency head.

3. After initial discovery, each party shall provide all new material relating to the case to the other party within 10 days after receipt.

4. No later than five business days before the hearing, or if the hearing is scheduled more than 20 days after the notice of appeal was filed, no later than 10 business days before the hearing, the agency and the employee shall exchange copies of any documents that may be introduced at the hearing and that have not been previously disclosed.

5. No later than five business days before the hearing, or if the hearing is scheduled more than 20 days after the notice of appeal is filed, no later than 10 business days before the hearing, the agency and the employee shall exchange the names of all witnessed who may be called to testify. A witness may be interviewed at the discretion of the witness. The parties shall not interfere with any decision of a witness regarding whether to be interviewed. An agency shall not discipline, retaliate against, or threaten to retaliate against, any witness for agreeing or not agreeing to be interviewed or for testifying or providing evidence in the hearing.

6. No later than five business days before the hearing, or if the hearing is scheduled more than 20 days after the notice of appeal was filed, no later than 10 business days before the hearing, the agency and the employee shall provide all documents that will be used at the hearing and a list of intended witnesses to the office of the Council.

7. If a party fails to provide material as required, the Council may preclude its use at the hearing.

M. N. Motions. All motions shall be in writing and filed no later than 20 days prior to the hearing. A response shall be filed in writing within 10 days after service of the motion. The chair may designate one or more members of the Council to hear and rule on a motion, except a motion to dispose of the case requires a vote of a majority of the Council.

N. O. Pleadings. The Council may strike a pleading not filed in accordance with this Section.

O. P. Depositions:

1. On the motion of a party, the Council may order the deposition of a witness under the following circumstances:

a. The witness does not reside within the State or is out of state,

b. The witness is too ill to attend the action before the Council, or

c. The deposition is for the purpose of discovery in preparing a case before the Council.

2. The requesting party shall pay the expense of any deposition. An employee of the agency is not entitled to a witness fee for giving a deposition.

3. The deposition of a witness who is unavailable to appear at a hearing may be used in evidence by either party or the Council.

P. Q.Open hearings. The Council's hearings shall be open to the public. The Council may, upon request of a party, exclude non-testifying witnesses from the hearing. The Council may keep excluded witnesses separated and prevent them from communicating with each other until all are examined.

Q. R. Minor discipline hearings. When the Council hears appeals of suspension without pay of 24 hours or less or the deduction of 24 hours or less from an employee's annual leave balance, each party shall have no more than three hours to present evidence unless the Council allows more time to assure a fair hearing.

R. S.Legal counsel or representative. Before the hearing of any appeal, each party shall designate its legal counsel or representative for the record. The Council shall advise each party without legal counsel that the party may obtain and be represented by counsel at the hearing. At the request of a party, the Council may postpone the hearing for a reasonable length of time to allow a party to obtain legal counsel.

S. T.Presentation of evidence. Both parties may present evidence and witnesses either personally or through a representative. The Council shall exclude evidence irrelevant to the causes set forth in the notice of disciplinary action.

T. U.Settlement of disputes. If requested by the employee, the parties shall submit the terms of settlement to the Council. If the Council approves the settlement, the settlement becomes final. If no settlement is reached, or if the proposed settlement is revoked or rejected by the Council, or withdrawn by either party, or if the settlement agreement is later vacated or reversed by a court, neither the settlement discussion nor any resulting agreement shall be admissible against the employee in any hearing before the Council on the matter.

U. V.Decision. In arriving at a decision, the Council may consider any disciplinary action taken within the previous 10 years against the employee, if the information is introduced at the hearing. The Council's decision shall contain findings of fact and its order for disposition of the case.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2). Amended by final rulemaking at 23 A.A.R. 2564, effective 11/5/2017.

Ariz. Admin. Code § R13-5-704 Rehearing of Council Decision Regarding Employees

A. Motion for rehearing.

1. Except as provided in subsection (C), any party in a contested case or appealable agency action may file a written motion for rehearing within 30 days after service of the decision. The requesting party shall specify the grounds for a rehearing, as provided in subsection (B). A respondent may file a response to the motion within 15 days after service.

2. A party filing a post-hearing motion shall include references to the record where appropriate.

3. The Council may require the parties to file written memoranda upon the issues raised in the motion and may permit oral argument.

4. The Council may grant a rehearing on all or part of the issues. If a rehearing is granted, the Council shall specify the grounds for the rehearing, and the rehearing shall cover only those matters.

B. Basis for a rehearing. The Council may grant a rehearing for any of the following causes:

1. The Council acted in an arbitrary or capricious manner or abused its discretion;

2. Misconduct of the Council or the prevailing party;

3. Newly discovered material evidence which, with reasonable diligence, could not have been discovered and produced at the original hearing;

4. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the action;

5. The decision was not supported by the evidence; or

6. The decision is contrary to law.

C. Decisions not subject to rehearing. The Council may issue a decision as final upon making a specific finding that a decision's immediate effectiveness is necessary for the preservation of the public peace, health, or safety, or that a rehearing of the decision is impractical, unnecessary, or contrary to the public interest.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 9 A.A.R. 1619, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 23 A.A.R. 2564, effective 11/5/2017.

Ariz. Admin. Code § R13-5-705 Time Limits

Computation of time limits. In computing any period of time prescribed or allowed by this Chapter the day of the act or event from which the designated period or time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-706 Appeal to the Council by Covered Employees

A. Appealable actions by covered employees. A covered employee may appeal dismissal from covered service, suspension for more than 40 working hours, or involuntary demotion resulting from disciplinary action.

B. Form of appeal. To initiate an appeal, a covered employee shall submit a signed written appeal to the business manager and the agency head. The appeal must state specific facts relating directly to the charges on which the appeal is based.

C. Time for appeal. A covered employee shall file an appeal within 10 working days after the effective date of the action.

D. Agency responsibility.

1. When a covered employee is dismissed, involuntarily demoted, or suspended for more than 40 working hours, the employing agency shall notify the Business Manager in writing of this action and provide related documentation within 5 business days.

2. An agency shall have the burden of going forward with the case once an appeal has been filed.

3. An agency must prove by a preponderance of the evidence that it had just cause to discipline the employee.

G. Notice of hearing. The Council shall notify the parties of the time and place of the hearing.

H. Failure to appear. If a party, without good cause, fails to appear at the time and place set for a hearing, the Council may find in favor of the appearing party.

I. Conduct of hearings. The Council shall hear the appeal within 30 days of the receipt of the appeal. The Council shall sit as a whole at a hearing, unless a Council member declares a conflict or is unable to attend. Only a Council member who was present at a hearing may participate in making the decision. Council members may administer oaths, issue subpoenas for the attendance of witnesses and the production of books or papers, and cause the depositions of witnesses residing within or outside the state to be taken in the manner prescribed by law for depositions in civil cases in the Superior Court of this state.

J. Witness fees. Witnesses at a hearing, other than covered employees, are entitled to the fees allowed witnesses under A.R.S. § 12-303.

K. Payment of witness fees. If the Council subpoenas a witness on its own initiative, the Council shall pay the witness' fees and mileage.

The requesting party shall pay the fees for subpoenaed witnesses. A covered employee appearing as a witness on duty shall receive travel expenses from the agency and shall not be entitled to witness fees.

L. Discovery.

1. Within three business days after receiving a written request from the covered employee, the agency shall provide a complete copy of the investigative file, as well as the names and home or work mailing addresses of all persons interviewed during the course of the investigation, to the covered employee. For the purpose of this subsection, hand-written notes substantially incorporated within a report are not considered part of the investigation file.

2. Within 20 days after receiving the investigative file, the covered employee shall provide all material relating to the defense of the covered employee to the agency head.

3. After initial discovery, each party shall provide all new material relating to the case to the other party within 10 days after receipt.

4. No later than five business days before the hearing, or if the hearing is scheduled more than 20 days after the notice of appeal was filed, no later than 10 business days before the hearing, the agency and the covered employee shall exchange copies of any documents that may be introduced at the hearing and that have not been previously disclosed.

5. No later than five business days before the hearing, or if the hearing is scheduled more than 20 days after the notice of appeal is filed, no later than 10 business days before the hearing, the agency and the covered employee shall exchange the names of all witnesses who may be called to testify. A witness may be interviewed at the discretion of the witness. The parties shall not interfere with any decision of a witness regarding whether to be interviewed. An agency shall not discipline, retaliate against, or threaten to retaliate against, any witness for agreeing or not agreeing to be interviewed or for testifying or providing evidence in the hearing.

6. No later than five business days before the hearing, or if the hearing is scheduled more than 20 days after the notice of appeal is filed, no later than 10 business days before the hearing, the agency and the covered employee shall provide all documents that will be used at the hearing and a list of intended witnesses to the office of the Council.

7. If a party fails to provide material as required, the Council may preclude its use at the hearing.

M. Motions. All motions shall be in writing and filed no later than 20 days prior to the hearing. A response shall be filed in writing within 10 days after service of the motion. The chair may designate one or more members of the Council to hear and rule on a motion, except a motion to dispose of the case requires a vote of a majority of the Council.

N. Pleadings. The Council may strike a pleading not filed in accordance with this Section.

O. Depositions:

1. On the motion of a party, the Council may order the deposition of a witness under the following circumstances:

a. The witness does not reside within the State or is out of state,

b. The witness is too ill to attend the action before the Council, or

c. The deposition is for the purpose of discovery in preparing a case before the Council.

2. The requesting party shall pay the expense of any deposition. A covered employee of the agency is not entitled to a witness fee for giving a deposition.

3. The deposition of a witness who is unavailable to appear at a hearing may be used in evidence by either party or the Council.

P. Open hearings. The Council's hearings shall be open to the public. The Council may, upon request of a party, exclude non-testifying witnesses from the hearing. The Council may keep excluded witnesses separated and prevent them from communicating with each other until all are examined.

Q. Legal counsel or representative. Before the hearing of any appeal, each party shall designate its legal counsel or representative for the record. The Council shall advise each party without legal counsel that the party may obtain and be represented by counsel at the hearing. At the request of a party, the Council may postpone the hearing for a reasonable length of time to allow a party to obtain legal counsel.

R. Presentation of evidence. Both parties may present evidence and witnesses either personally or through a representative. The Council shall exclude evidence irrelevant to the causes set forth in the notice of disciplinary action.

History

Adopted by final rulemaking at 23 A.A.R. 2564, effective 11/5/2017.

Article 8 SEPARATION FROM EMPLOYMENT; RETIREMENT SYSTEM ELIGIBILITY

Ariz. Admin. Code § R13-5-801 Resignation or Retirement

A. Notice of resignation or retirement. An employee shall resign or retire from the agency by submitting a letter addressed to the agency head and stating the effective date of the separation.

B. Oral resignation or retirement. If an employee resigns or retires orally rather than in writing, the employee's manager shall document the employee's stated separation date and forward the notice through the chain-of-command to the agency head.

C. Abandonment of position. If an employee abandons a position, it shall be deemed to be a voluntary resignation from the agency. The employee's manager shall document the employee's failure to show up for work and forward the notice through the chain-of-command to the agency head.

D. Refusal of resignation. An agency head may refuse to accept a resignation and may dismiss an employee under R13-5-701(B).

E. Withdrawal of resignation. An employee may withdraw a resignation only by submitting to the agency head a written notice of withdrawal before the employee's separation date. If a withdrawal is not submitted before the separation date, the resignation is final unless both the agency head and the employee agree to withdraw the resignation.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-802 Reduction in Force

A. General. The agency head may conduct a reduction in force when necessary because of a decrease in authorized positions, service area, funding, program responsibilities, or because of a legislative or executive mandate. If the reduction in force involves removal of a filled position, the agency shall not re-establish the position for two years, unless removal of the position was caused by fiscal constraints, legislative action, or court order.

B. Alternate methods. An agency head may pursue alternative methods of reducing costs without reducing the number of employees. Council approval will be required when:

1. Temporarily reducing all employees' pay, or

2. Assigning all employees time off without pay.

C. Order of layoff. An employee shall be separated from an agency in the following order of preference:

1. Internship appointment,

2. Intermittent appointment,

3. Part-time appointment,

4. Provisional appointment,

5. Probationary limited-term appointment who has not established permanent status,

6. Limited-term appointment who has completed a probationary period but has not established permanent status,

7. Probationary appointment in a non-limited term position, and

8. Permanent status appointment.

D. Laying off a probationer and special duty assignee. An employee on promotional probation or special duty shall compete for retention in the highest classification for which the probationer or assignee hold permanent status.

E. Laying off a limited-term employee. A limited-term employee shall compete for retention only against other limited-term employees.

F. Laying off a permanent status employee. If it becomes necessary to reduce the number of full-time employees holding regular appointments, an agency shall use the following method:

1. An employee with the least seniority within a classification shall be the first employee reduced from that classification.

2. An employee who is declared surplus to a classification may displace only the least senior employee in other classifications in which the employee previously held seniority rights.

G. Determining seniority. Seniority within a classification shall be determined by the number of retention points of an employee. An employee with a greater number of retention points will be senior to another employee with lesser retention points within a classification.

H. Using retention points. Regular employees who have the least retention points shall be considered first for transfer, classification reduction, or separation.

I. Calculation of retention points within a classification. An employee shall receive one retention point for each month of service within the employee's classification.

J. Calculation of retention points in a classification for which the employee has established rights. If an employee is transferred to a classification previously held by the employee, the employee shall receive one retention point for each month of service in that classification and one retention point for each month of service in a higher or equal classification.

K. Eligibility for retention points. The following guidelines shall be used in determining an employee's eligibility for retention points:

1. If the employee was in pay status for at least half of the employee's working days in that month.

2. An employee shall receive credit for agency service before a separation if the separation was less than two years.

3. An employee shall receive credit for periods of military leave under 38 U.S.C. 4311.

4. An employee shall receive credit for periods of uncovered appointments with the agency.

5. An employee's prior state service in a position transferred to the agency shall be counted.

6. An employee shall not receive credit for periods constituting a break-in-service. However, periods of time before and after such break-in-service shall be counted.

L. Resolution of a tie. If employees have the same number of retention points, the agency shall resolve tied scores by applying the following tie-breakers in the following order of precedence:

1. The employee with the greatest length of qualifying service with the agency,

2. The employee with the greatest length of qualifying service with the state,

3. The employee who placed highest on the eligibility list for the classification, or

4. If a tie continues to exist, it shall be broken by a lottery system.

M. Offer of a position in a different classification. An employee who meets the qualification for a different classification but has not previously established displacement rights may be offered reassignment to a position within that classification provided that such reassignment does not displace another employee in that classification.

N. Notifying employees. An agency shall give written notice at least 20 days in advance to each employee being reassigned or separated. The Council may waive the 20 day notice upon proper justification for a reduced time limit. The agency's notice shall include the number of retention points assigned to the employee, the effective date of the action, the new job classification, the pay rate, the location of the position, the employee's right to request a review of the action, and the employee's recall rights, if applicable.

O. Employee request for review.

1. Within five days of receipt of a reassignment or separation notice, an employee may submit a written request to the agency head for a review of the procedures resulting in the employee's reassignment or separation. The employee's request shall contain information concerning any errors in the calculation of retention points and a proposed resolution. The agency head shall review the request and respond to the employee within five days after receipt of the request.

2. An employee who wishes further review may submit a written request to the Council within 20 days after receiving the agency head's response. The Council shall investigate and respond to the employee and the agency head by submitting a final decision on the review within 30 days after receiving the employee's request.

P. Employee assistance. An agency shall establish a plan to assist all employees who are separated from the agency through a reduction in force.

Q. Reappointment list. If a permanent status employee is appointed to a lower classification as a result of a reduction in force or reallocation, Human Resources shall place the employee's name on a reappointment list for the last classification held and any previously held classification for which the employee is still qualified.

R. Recall list. If an employee is laid off due to a reduction in force, Human Resources shall place the former employee's name on a recall list for the last classification held and any previously held classification for which the former employee qualifies.

S. Order of names. On both recall and reappointment lists, Human Resources shall arrange the names of former employees in descending order of their retention points. If candidates have the same number of retention points, Human Resources shall resolve tied scores by applying the following tie-breakers in the following order of precedence:

1. The employee with the greatest length of qualifying service with the agency,

2. The employee with the greatest length of qualifying service with the state,

3. The employee who placed highest on the eligibility list for the classification, or

4. If a tie continues to exist, it shall be broken by a lottery system.

T. Duration of list. A former employee's name shall remain on a recall list for up to three years from the date of separation. The name of a reappointment candidate shall remain on the reappointment list until promoted or the employee separates from the agency.

U. Background screening. A candidate on a recall list shall be subject to a background screening process.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-803 Disability

An agency head shall establish policies and procedures for discontinuing the employment of an employee who becomes disabled and is unable to perform the essential functions of the job. Such policies and procedures shall comply with the applicable state and federal laws.

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).

Ariz. Admin. Code § R13-5-804 Expired

History

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5373, effective November 6, 2001 (Supp. 01-4). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2). Section expired under A.R.S. § 41-1056(J) at 26 A.A.R. 3259, effective December 2, 2020 (Supp. 20-4).

Chapter 6 Department of Public Safety - Security Guards

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R13-6-01 [REPEALED]

History

Former Rule 1. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-02 [REPEALED]

History

Former Rule 2. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-03 [REPEALED]

History

Former Rule 3. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-04 [REPEALED]

History

Former Rule 4. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-05 [REPEALED]

History

Former Rule 5. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-06 [REPEALED]

History

Former Rule 6. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-07 [REPEALED]

History

Former Rule 7. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-08 [REPEALED]

History

Former Rule 8. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-09 [REPEALED]

History

Former Rule 9. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-10 [REPEALED]

History

Former Rule 10. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-11 [REPEALED]

History

Former Rule 11. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-12 [REPEALED]

History

Former Rule 12. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-13 [REPEALED]

History

Former Rule 14. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-14 [REPEALED]

History

Former Rule 15. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-15 [REPEALED]

History

Former Rule 16. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-16 [REPEALED]

History

Former Rule 17. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-17 [REPEALED]

History

Former Rule 18. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-18 [REPEALED]

History

Former Rule 19. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-19 [REPEALED]

History

Former Rule 20. Section repealed by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-101 Definitions

In addition to the definitions in A.R.S. § 32-2601, the following definitions apply to this Chapter:

"Branch office" means a location other than the principal place of business shown on a qualifying party's agency license at which the qualifying party conducts the business of private security guard service.

"Branch office certificate" means a document issued by the Department to a qualifying party that authorizes the qualifying party to conduct the business of private security guard service in this state at a location other than the principal place of business shown on the qualifying party's agency license.

"Classifiable fingerprints" means fingerprint impressions that meet the criteria of the Federal Bureau of Investigation as contained in Form FD-258 (5-11-99), published by the U.S. Government Printing Office. This form is incorporated by reference and available from the Department and the FBI (Attn: Logistical Support Unit, CJIS Division, 1000 Custer Hollow Road, Clarksburg, WV 26306) or online at www.bookstore.gpo.gov [File Link Not Available]. The material incorporated by reference contains no future editions or amendments.

"Corporation" or "domestic corporation" has the same meaning as prescribed in A.R.S. § 10-140.

"Foreign corporation" means a for-profit corporation that is incorporated under a law other than the law of Arizona.

"Limited liability company" means the same as corporation.

"Partnership" means an association of two or more individuals who are co-owners of a for-profit business organized under A.R.S. Title 29, Partnership.

"Probation" means a period during which an agency or individual who has violated A.R.S. Title 32, Chapter 26, is allowed to demonstrate compliance with licensure requirements to avoid having the Department take an administrative action such as suspension or revocation.

"Prohibited possessor" has the same meaning as prescribed in A.R.S. § 13-3101(A)(6).

"Resident manager" means an individual who meets all requirements for an agency license, is a full-time legal resident of Arizona, and is designated by a qualifying party who lives outside of Arizona to manage the agency of the qualifying party.

"Restructure" means to change the name or business form of a licensed agency.

"Sole proprietorship" means a business operated for profit by one owner.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-102 General License Requirements

A. The qualifying party for an agency license and the resident manager, if the agency will have a resident manager, shall meet the requirements under A.R.S. § 32-2612 and submit the application required under R13-6-201.

B. Each partner, officer, director, member, and manager of an agency, except the qualifying party and resident manager, shall meet the requirements under A.R.S. § 32-2622 and submit the application required under R13-6-301.

C. An applicant for a security guard or armed security guard registration certificate shall meet the requirements under A.R.S. § 32-2622 and submit the application required under R13-6-301.

D. An applicant for a firearms-safety training instructor certificate shall meet the requirements under R13-6-701 and submit the application required under R13-6-702.

E. An application form may be obtained in person at the Phoenix Licensing Unit office, by mailing a request to the Arizona DPS Licensing Unit, by telephone, or online at www.azdps.gov/license.

F. A completed application form may be presented in person at the Phoenix Licensing Unit office or by mail to the Arizona DPS Licensing Unit.

G. A blank application form may be duplicated to provide a copy to multiple individuals.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-103 Fees

A. Under the authority provided by A.R.S. § 32-2607, the Department establishes and shall collect the following fees:

1. Original agency license application, $500;

2. Agency license, $500;

3. Application for renewal of an agency license, $500;

4. Agency restructure, $100;

5. Penalty for late application for renewal of an agency license, $100;

6. Resident manager license application, $50;

7. Resident manager license renewal application, $50;

Penalty for late application for renewal of resident manager license, $10;

9. Associate or security guard registration certificate, $50;

Associate or security guard registration certificate renewal, $50;

11. Armed security guard registration certificate, $100;

12. Armed security guard registration certificate renewal, $100;

13. Upgrade from security guard to armed security guard registration certificate, $50;

14. Replacement identification card, $10;

15. Armed security guard additional employer registration, $10;

16. Firearms-safety instructor certificate, $50;

17. Firearms-safety instructor certificate renewal, $50; and

Fingerprint and digital photo fee (optional), $15.

B. In addition to the fees in subsections (A)(1), (A)(3), (A)(6), (A)(7), and (A)(9) through (A)(12), and (A)(16) and (A)(17), the Department shall collect a fee in the amount necessary to cover the cost of non-criminal justice fingerprint processing for a criminal history record check under A.R.S. § 41-1750(J).

C. If applicable equipment and personnel are available, and if an applicant makes a request, Department personnel shall take the applicant's photograph and fingerprints upon submission of an application and payment of the fee listed in subsection (A)(18).

D. A person shall pay a fee by cash, cashier's check, certified check, or money order made payable to the Arizona Department of Public Safety. Upon request, the Department shall accept another means of payment that the Department determines is in the state's interest. All fees are non-refundable except if A.R.S. § 41-1077 applies.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-104 Identification Cards

A. The Department shall provide an identification card to the following licensees and certificate holders:

1. Qualifying party,

2. Resident manager,

3. Associate,

4. Security guard, and

5. Armed security guard.

B. The Department shall ensure that an identification card includes the following information about the licensee or certificate holder:

1. Name,

2. Photograph,

3. Physical description,

4. Date of birth,

5. License or registration certificate number, and

6. License or registration certificate expiration date.

C. A licensee or certificate holder shall not assign or transfer an identification card. An identification card is valid only during the effective dates of the license or certificate under which the card is issued.

D. An armed security guard employed by more than one licensee shall pay the fee required under R13-6-103(A)(15) and obtain an identification card for each license under which the armed security guard is employed.

E. If an identification card is lost or stolen, the holder of the card shall notify the Department immediately in writing. The Department shall issue a duplicate identification card upon submission of the fee required under R13-6-103(A)(14).

F. A security guard shall have the security guard's identification card in the security guard's possession and display it when requested by the Department or any peace officer.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-105 Time-frames for Making License and Registration Determinations

A. For the purpose of A.R.S. § 41-1072, the Department establishes the following time-frames for every license issued under this Chapter:

1. Administrative completeness review time-frame: five days;

2. Substantive review time-frame: 10 days; and

3. Overall time-frame: 15 days.

B. An administratively complete application consists of all the information and documents listed in:

R13-6-201 for an agency or resident manager license;

R13-6-301 for a security guard, armed security guard, or associate registration certificate; and

R13-6-702 for a firearms-safety instructor certificate.

C. The administrative completeness review time-frame listed in subsection (A)(1) begins on the date the Department receives an application.

1. If the application is not administratively complete when received, the Department shall send a notice of deficiency to the applicant. The Department shall include in the deficiency notice a list of the documents and information needed to complete the application.

Within 45 days from the date of the deficiency notice, the applicant shall submit to the Department the missing documents and information. The time-frame for the Department to finish the administrative completeness review is suspended from the date of the deficiency notice until the date the Department receives the missing documents and information.

3. The Department and applicant may agree in writing to extend the 45-day period in subsection (C)(2) upon written request by the applicant before the end of the period.

4. If the applicant fails to provide the missing documents and information within the time provided, the Department shall close the applicant's file. If an individual whose file is closed wants to be considered further for licensing, the individual shall submit a new application under R13-6-201, R13-6-301, or R13-6-702.

D. The substantive review time-frame listed in subsection (A)(2) begins on the date the Department determines an application is administratively complete.

1. During the substantive review time-frame, the Department may make one comprehensive written request for additional information. The Department and applicant may agree in writing to allow the Department to make a supplemental request for additional information.

2. The applicant shall submit to the Department the additional information within 45 days from the date of the Department's comprehensive request. The time-frame for the Department to complete the substantive review of the application is suspended from the date of the comprehensive request for additional information until the Department receives the additional information.

3. The Department and applicant may agree in writing to extend the 45-day period in subsection (D)(2) upon written request by the applicant before the end of the period.

4. If the applicant fails to provide the additional information within the time provided, the Department shall close the applicant's file. If an individual whose file is closed wants to be considered further for licensing, the individual shall submit a new application under R13-6-201, R13-6-301, or R13-6-702.

5. When the substantive review is complete, the Department shall inform the applicant in writing of its decision whether to grant or deny a license to the applicant.

a. The Department shall deny a license if it determines that the applicant does not meet all substantive criteria required by statute and rule. An applicant who is denied a license may appeal the Department's decision under A.R.S. Title 41, Chapter 6, Article 10.

b. The Department shall grant a license if it determines that the applicant meets all substantive criteria required by statute and rule.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Article 2 AGENCY LICENSES

Ariz. Admin. Code § R13-6-201 Application for an Agency License

A. The individual who will be the qualifying party of an agency shall submit an application for an agency license. The qualifying party shall ensure that the application consists of:

1. A complete application form that provides the following information about the applicant:

a. Full name;

b. Home address;

c. Mailing address if different from the home address;

d. Home and business telephone numbers;

e. Height, weight, hair and eye colors, sex, and date and place of birth;

f. Social Security number; and

g. Any other name by which the applicant has ever been known;

Properly completed fingerprint card with classifiable fingerprints of the qualifying party;

3. Fees prescribed in R13-6-103 ;

4. Legible, notarized copy of a government-issued photo identification document for the qualifying party, such as a state identification card or motor vehicle driver license;

5. Two color photographs of the qualifying party suitable for use in making an identification card such as passport photos or 1" x 1 1/4" facial photos;

Exact details as to the character and nature of the qualifying party's required experience under A.R.S. § 32-2612;

7. Proof of U.S. citizenship or legal resident status with authorization to seek employment by providing one document from List A on U.S. Department of Justice Form I-9 or one document from both Lists B and C. The Department shall return original documents to the applicant;

8. The following information about the agency:

a. The name under which the agency will do business and if required under R13-6-207, a copy of the trade name registration provided by the Arizona Secretary of State's Office;

b. The principal business address;

c. The principal business mailing address if different from the principal business address; and

d. A brief statement describing the nature of the business in which the agency will engage;

9. If the business form is not a sole proprietorship:

a. Partnership agreement, articles of organization, or articles of incorporation; and

b. From each partner, officer, director, and member of the agency, an application for registration certificate as described in R13-6-301 ;

10. If the agency is a foreign corporation, evidence of Arizona Corporation Commission approval to transact business in Arizona;

11. If the agency will maintain a branch office, the notice required under R13-6-204 to obtain a branch office certificate; and

12. The following information required for approval of uniforms, badges, patches, and insignia under A.R.S. § 32-2635:

a. Color photographs showing the front, back, and both sides of all uniforms;

b. A full-size color copy or example of the agency patch;

c. A full-size color copy of the agency badge or, if no badge will be used, a written statement of this fact;

d. Color photographs showing the front, back, and both sides of agency vehicles;

e. Close-up color photograph of insignia on agency vehicles; and

f. Color photographs showing the front and back of any light bar on agency vehicles.

B. The applicant shall sign the completed application form before a notary public, authorize the Department to obtain information about the applicant from any person or entity, and certify that all information provided is true and correct.

C. If an agency will have a resident manager, the resident manager shall use the application form described under this Section and provide the information required under subsections (A)(1) through (A)(7).

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-202 Issuance of an Agency License

A. The Department shall notify an applicant when the agency license is ready for issuance. The applicant has 90 days from the date of notification to:

1. Pay applicable license fees;

2. Provide a certificate of liability insurance showing at least $100,000 coverage for any one person and $300,000 coverage for any one event and naming the Department as the certificate holder; and

3. If the agency will have employees, provide a certificate of workers' compensation insurance that names the Department as the certificate holder.

B. If an applicant does not provide the required information within 90 days, the Department shall deny the applicant a license and the application fee is forfeited.

C. An applicant for an agency license or renewal may request to pick up the license at the Department's office in Phoenix. If no request is made, the Department shall send the license to the mailing address of the applicant.

D. The Department shall ensure that an agency license contains the name and street address of the licensed business and the number of the license.

E. The qualifying party shall post the agency license in a conspicuous place in the principal business office.

F. The qualifying party shall not assign or transfer the agency license.

G. The qualifying party shall notify the Department in writing within 15 business days of any change of address of the principal office.

H. If the qualifying party surrenders the agency license before the expiration date, the Department shall not refund any portion of the license fee.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-203 Agency License Renewal

A. An agency license expires on the date specified on the license. A qualifying party may submit a renewal application to the Department up to 60 days before the expiration date.

B. The qualifying party shall provide the information required under R13-6-201 with the renewal application.

C. If the qualifying party fails to submit a renewal application before the expiration date, the qualifying party and each partner, member, officer, director, resident manager, and employee shall cease performing private security guard services subject to regulation by A.R.S. Title 32, Chapter 26.

D. The Department shall not renew an agency license if a renewal application is filed more than 90 days after the expiration date on the agency license. If more than 90 days elapse after the expiration date on the agency license, the former qualifying party may resume providing security guard services only by obtaining a new license under R13-6-201.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-204 Branch Office Certificate

A. A qualifying party shall not operate a branch office unless the qualifying party obtains a branch office certificate. To obtain a branch office certificate, the qualifying party shall provide written notice of the branch office address to the Department.

B. The Department shall ensure that a branch office certificate contains the agency name, license number, expiration date, and address of the branch office.

C. A branch office certificate expires on the date the agency license expires and is renewed when the agency license is renewed.

D. The qualifying party shall post the branch office certificate in a conspicuous place in the branch office.

E. The qualifying party shall notify the Department in writing within 15 business days of any change of address for the branch office.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-205 Change of Qualifying Party

A. Within 15 business days after the qualifying party leaves an agency, each partner, member, officer, director, resident manager, and employee of the agency shall cease performing private security guard services subject to regulation by A.R.S. Title 32, Chapter 26, unless the requirement in subsection (B) is met.

B. Before the agency may resume performing private security guard services, an individual who meets the requirements of a qualifying party shall submit an application for a new agency license under R13-6-201.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-206 Restructure of an Agency

A. If an application for restructure is made at the time of license renewal, the Department shall waive the restructure fee in R13-6-103 . If an application for restructure is made at other than the time of license renewal, the agency shall pay the restructure fee.

B. The qualifying party shall submit an application for restructure for the agency. Any new partner, officer, director, or member of the agency shall meet the requirements of A.R.S. § 32-2622 and submit the application required under R13-6-301.

C. To change a sole proprietorship to a partnership, the applicant shall provide a partnership agreement with notarized signatures of the partners.

D. To change a corporation to a partnership, the applicant shall provide documentation of dissolving the corporation and a partnership agreement with notarized signatures of the partners.

E. To change a corporation to a sole proprietorship, the applicant shall provide documentation of dissolving the corporation.

F. To change a sole proprietorship or partnership to a corporation, the applicant shall provide the Articles of Incorporation bearing the approval stamp of the Arizona Corporation Commission. If the change is to a foreign corporation, the applicant shall submit documentation of Arizona Corporation Commission approval for the foreign corporation to transact business in Arizona.

G. To change a partnership to a sole proprietorship, the applicant shall provide documentation of dissolving the partnership.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-207 Business Name

A. The Department shall not grant a license to an agency with a name that includes the words "United States," "Federal," "State of Arizona," "Police," or "Bureau of Investigation," or a name that associates the business with any governmental or law enforcement agency.

B. The Department shall not grant a license to an agency with a name that includes "corporation," "corp.," "incorporated," "Inc.," or "L.L.C." unless corporation papers are filed with the Arizona Corporation Commission or approval to operate as a foreign corporation is obtained from the Arizona Corporation Commission.

C. The Department shall not issue a license to a corporation or limited liability company using a trade name unless the trade name is registered with the Arizona Secretary of State's Office. A sole proprietorship or partnership may, but is not required to, register a trade name.

D. The Department shall not approve a new business name that is similar to the business name of a currently licensed agency.

E. The qualifying party of an agency, resident manager, and agency associates and employees shall do business and present themselves under the name on the agency license.

F. A qualifying party shall do all business under the name and at the address that is on file with the Department and noted on the agency license. The qualifying party shall ensure that both the agency name and license number are listed on all letterhead and business cards and included in advertising and contracts with clients.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Article 3 REGISTRATION CERTIFICATES

Ariz. Admin. Code § R13-6-301 Application for Registration Certificate

A. Before a registration certificate application is submitted, the qualifying party of the agency shall:

1. Determine that the applicant meets the requirements of A.R.S. § 32-2622,

2. Assess the accuracy of the information provided by the applicant,

Verify proof of U.S citizenship or legal resident status with authorization to seek employment by examining either one document from List A on U.S. Department of Justice Form I-9 or one document from both Lists B and C, and

4. Ensure that the application includes:

a. A properly completed application form that provides the following information about the applicant:

i. Full name;

ii. Home address;

iii. Mailing address if different from the home address;

iv. Home and business telephone numbers;

v. Social Security number; and

vi. Height, weight, sex, hair and eye colors, and date and place of birth;

b. The applicant's signature certifying that the information provided is true and correct;

c. Two color photographs suitable for use in making an identification card such as passport photos or 1" x 1 1/4" facial photos;

d. A properly completed fingerprint card with classifiable fingerprints;

e. The fee required under R13-6-103(A)(9) or (A)(11) ;

f. If applicable, the training verification form described in R13-6-601(C) ; and

g. If applicable, the firearms-safety training verification form described in R13-6-603(C) ;

B. An associate, security guard, or armed security guard registrant shall conduct business and be identified under the name used on the application and the registration certificate. The Department shall not approve a fictitious name for use on an associate, security guard, or armed security guard registration certificate.

C. If an applicant for an armed security guard registration is employed by more than one agency, the applicant shall submit an application with the words "Additional Employer" written across the top of the application, submit the fee under R13-6-103, and meet the requirements of this Section. The applicant's additional employer armed security guard registration certificate expires on the date specified on the applicant's initial armed security guard registration certificate.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-302 Renewal of Registration Certificate

A. An associate, security guard, or armed security guard registration certificate expires on the date specified on the registration certificate. An associate, security guard, or armed security guard may submit a renewal application to the Department up to 60 days before the expiration date.

B. The Department shall not renew a registration certificate unless the application is complete and contains:

1. The information required under R13-6-301(A)(4)(a) through (A)(4)(d) ;

2. The fee required under R13-6-103(A)(10) or (A)(12) ;

3. If applicable, the refresher training verification form described in R13-6-602(C) ; and

4. If applicable, the refresher firearms-safety training verification form described in R13-6-603(C).

C. If an associate, security guard, or armed security guard fails to submit a renewal application before the expiration date, the associate, security guard, or armed security guard shall cease performing private security guard services subject to regulation by A.R.S. Title 32, Chapter 26.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-303 Lost or Stolen Registration Certificate or Identification Card

If a registration certificate or identification card is lost or stolen, the registrant shall notify the Department immediately and request a new registration certificate or identification card and pay the fee under R13-6-103(A)(14).

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-304 Change in Name of Registrant

A. A registrant whose name changes shall notify the Department in writing within 15 days of the name change and may request a new identification card.

B. The registrant shall include with the notice of name change a government-issued photo identification card with the new name or a certified court document recording the name change and the fee under R13-6-103.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Article 4 APPEALS; COMPLAINTS; RECORDS

Ariz. Admin. Code § R13-6-401 Denial of Agency License or Registration Certificate

A. The Department shall deny an agency license or registration certificate to an applicant if the Department determines that the applicant does not meet the requirements of A.R.S. § 32-2612 or 32-2622, or there are grounds for denial under A.R.S. § 32-2640 or 32-2641. The Department shall send a notice of denial to the applicant at the address on file with the Department. The Department shall ensure that the notice of denial meets the requirements at A.R.S. § 41-1092.03(A).

B. If a request for hearing is received, the Department shall:

1. Send a notice of the date and time of the hearing to the applicant,

2. Set the hearing date at least 30 days after the date of the notice, and

3. Hold the hearing before the Board.

C. If the applicant does not appear at the scheduled hearing, the Board shall conduct the hearing in the applicant's absence.

D. Within 20 days after conclusion of the hearing, the Board shall prepare findings of fact, conclusions of law, and a recommendation for the Director.

E. Within 30 days after receiving a copy of the recommendation, the Director shall adopt the recommendation in its entirety, modify it, or decide the case upon the record and issue a final decision.

F. The Department shall send a copy of the Director's final decision to the applicant at the address on file with the Department.

G. A denied applicant shall not apply again for at least one year from the date of denial.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-402 Probation of Agency Licensee or Registrant

Upon recommendation of the Board, the Director may fix a period and terms of probation to protect the public health or safety or to rehabilitate or educate a licensee or registrant. A licensee may continue to operate and a registrant may continue to perform the duties of security guard or armed security guard during a period of probation subject to the terms established by the Director.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-403 Employee and Business Records

A. A qualifying party shall maintain at the principal place of business, a file or record of the name, street address, title, employment date, and date of termination of each resident manager, partner, officer, director, member, security guard, and armed security guard for at least five years from the date of termination.

B. The qualifying party shall make the files or records available for inspection by any peace officer, personnel of the Department's licensing section, or other designated representative of the Department.

C. The qualifying party shall submit a copy of the files or records and information pertaining to the files or records to the Department upon request.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-404 Complaints

A. A person may file with the Department a written complaint against a person regulated under this Chapter. After receiving a complaint, the Department shall investigate to determine whether the allegation, if true, amounts to a violation of statute or rule. The Department may forward a copy of the complaint to the person against whom the complaint is made and request that the person respond.

B. At the conclusion of the investigation, the Department shall forward a copy of the complaint to the person against whom the complaint is made and the Director shall take an action listed in A.R.S. § 32-2636.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Article 5 UNIFORMS AND VEHICLES

Ariz. Admin. Code § R13-6-501 Uniforms, Badges, and Insignia

A. Uniforms are classified as either traditional or casual.

B. A traditional uniform consists of slacks and a collared, buttoned-down, long- or short-sleeve shirt, which may be worn with or without a tie. A traditional uniform shall have:

1. A patch on each shoulder of the shirt that is a minimum of two inches by three inches in size and bears the name of the agency;

2. A patch or badge on the left breast of the shirt that is a minimum of 1.5 inches by two inches in size and bears the name of the agency; and

3. If the patches and badge do not contain the words "Security" or "Security Guard," the words "Security" or "Security Guard" in letters that are at least 1/2 inch high and directly below each shoulder patch and the breast patch or badge.

C. A casual uniform consists of a polo shirt or T-shirt and either shorts or pants. A casual uniform shall have:

1. A patch on each shoulder of the shirt that is a minimum of two inches by three inches in size and bears the name of the agency;

2. A patch or badge on the left breast of the shirt that is a minimum of 1.5 inches by two inches in size and bears the name of the agency;

4. A patch across the back of the shirt bearing the words "Security" or "Security Guard" in letters that are at least three inches high.

D. If a security guard wears a jacket or coat with a traditional or casual uniform, the jacket or coat shall have:

1. A patch on each shoulder of the jacket or coat that is a minimum of two inches by three inches in size and bears the name of the agency;

2. A patch or badge on the left breast of the jacket or coat that is a minimum of 1.5 inches by two inches in size and bears the name of the agency;

4. A patch across the back of the jacket or coat bearing the words "Security" or "Security Guard" in letters that are at least three inches high.

E. The patches on a traditional or casual uniform or security guard jacket or coat may be sewed on, embroidered, or imprinted.

F. The Department shall not approve a uniform, badge, patch, or insignia that bears markings similar to the markings of a law enforcement agency of the federal or state government or a political subdivision of the state.

G. The Department shall not approve a uniform, badge, patch, or insignia that bears the words "Police," "Officer," "Patrolman," "Deputy," "Marshall," "Agent," "Sheriff," or any other word that could cause a reasonable person to confuse a security guard with law enforcement personnel.

H. The Department shall not approve a uniform that consists of the color combinations blue over blue, tan over tan, tan over brown, or black over black. The Department shall determine on an individual basis whether other color combinations may cause a reasonable person to confuse a security guard with law enforcement personnel. A security guard jacket or coat may be any color if the jacket or coat meets the requirements in this Section.

I. The qualifying party shall ensure that a security guard employed by the security guard agency does not wear a uniform, badge, or patch or use an insignia that is not approved by the Department.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-502 Business Attire and Plain Clothes

A security guard who is wearing business attire or plain clothes rather than a uniform described in R13-5-501 shall not display a badge.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-503 Vehicle Markings, Emblems, and Insignia

A. The qualifying party shall ensure that a vehicle under the control of a security guard agency does not bear markings similar to the vehicle markings used by a law enforcement agency of the federal or state government or a political subdivision of the state.

B. The qualifying party shall ensure that emblems, seals, and other insignia on a vehicle under the control of a security guard agency do not bear the words "Police," "Officer," "Patrolman," "Deputy," "Marshall," "Sheriff," "Agent," or any other word that could cause a reasonable person to confuse the vehicle with a law enforcement vehicle.

C. The qualifying party shall ensure that all markings, emblems, seals, and other insignia displayed on a vehicle under the control of a security guard agency have written approval from the Department before being displayed.

D. A vehicle under the control of a security guard agency is not an authorized emergency vehicle. The operator of a vehicle under the control of a security guard agency shall comply with all traffic-control laws.

E. The qualifying party shall ensure that a vehicle under the control of a security guard agency is not equipped with a siren or bell unless the vehicle is an armored car equipped with a siren as a crime alarm device.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Article 6 TRAINING

Ariz. Admin. Code § R13-6-601 Security Guard Pre-assignment Training

A. The qualifying party of a security guard agency shall ensure that a person employed as a security guard by the agency completes eight hours of pre-assignment training before applying for and being granted a security guard registration certificate.

B. The qualifying party shall ensure that the curriculum established by the Department is used for the eight-hour pre-assignment training. The curriculum consists of:

1. Orientation,

2. Criminal law and laws of arrest,

3. Uniform and grooming,

4. Communications,

5. Use of force,

6. General security guard procedures,

7. Crime scene preservation and first response,

Ethics, and

9. Emergency response procedures.

C. After a security guard completes the eight-hour pre-assignment training, the qualifying party shall complete a training verification form and:

1. The security guard shall sign the form affirming completion of the training;

2. The instructor shall sign the form affirming that the security guard completed the training;

3. The qualifying party shall sign the form affirming that the security guard met the training requirements of A.R.S. § 32-2632; and

4. The security guard shall submit the form with the application described under R13-6-301.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-602 Security Guard Refresher Training

A. The qualifying party of a security guard agency shall ensure that a person employed as a security guard by the agency completes eight hours of refresher training before renewing the security guard's registration certificate.

B. The qualifying party shall ensure that the curriculum established by the Department is used for the eight-hour refresher training. The curriculum consists of:

Criminal law and laws of arrest,

Use of force,

3. General security guard procedures,

4. Crime scene preservation and first response,

Ethics, and

6. Emergency response procedures.

C. After the security guard completes the eight-hour refresher training, the qualifying party shall complete a training verification form and:

1. The security guard shall sign the form affirming completion of the refresher training;

2. The instructor shall sign the form affirming that the security guard completed the refresher training;

3. The agency qualifying party shall sign the form affirming that the security guard met the refresher training requirements of A.R.S. § 32-2632; and

4. The security guard shall submit the form with the renewal application described in R13-6-302.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-603 Armed Security Guard Pre-assignment and Refresher Training

A. The qualifying party of a security guard agency shall ensure that in addition to completing the pre-assignment training described in R13-6-601 and refresher training described in R13-6-602, a security guard who will use a firearm within the scope of the security guard's employment with the agency completes:

1. Sixteen hours of firearms-safety instruction before being assigned to a position requiring that a firearm be carried, and

2. Eight hours of refresher firearms-safety instruction before renewing the security guard's registration certificate.

B. The qualifying party shall ensure that firearms-safety training is provided by an instructor who is certified by the Department under R13-6-702 and uses the curriculum established by the Department.

C. After the armed security guard completes the sixteen hours of pre-assignment firearms-safety training or the eight hours of refresher firearms-safety training, the qualifying party shall complete a training verification form and:

1. The armed security guard shall sign the form affirming completion of the firearms-safety training;

2. The instructor shall sign the form affirming that the armed security guard completed the firearms-safety training;

3. The agency qualifying party shall sign the form affirming that the armed security guard met the firearm-safety training requirements of A.R.S. § 32-2632; and

4. The armed security guard shall submit the form with the application described in R13-6-301 or R13-6-302.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Article 7 FIREARMS-SAFETY TRAINING INSTRUCTORS

Ariz. Admin. Code § R13-6-701 Qualifications of a Firearms-safety Instructor

Only an individual who meets the following qualifications is eligible to be certified by the Department under A.R.S. § 32-2632 as a firearms-safety instructor:

1. Is a resident of this state or a U.S. citizen;

2. Is at least 21 years old;

3. Is not under indictment for and has not been convicted in any jurisdiction of a felony;

4. Does not suffer from mental illness and has not been adjudicated mentally incompetent or committed to a mental institution;

5. Is not unlawfully present in the United States;

6. Is not a prohibited possessor; and

Possesses current evidence of completing one of the following firearms-safety training instructor programs:

a. Arizona Basic Police Firearms Instructor training provided by the Arizona Peace Officers Standards and Training Board;

b. Police Firearms Instructor Development School provided by the National Rifle Association;

c. Law Enforcement Security Firearms Instructor Development School provided by the National Rifle Association;

d. Training provided by the National Rifle Association that results in rating as one of the following:

i. Pistol Instructor and Personal Protection Instructor,

ii. Law Enforcement Tactical Handgun Instructor, or

iii. Law Enforcement Handgun or Shotgun Instructor; or

e. Firearms Instructor Training Program provided by a federal law enforcement agency.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-702 Application for Certification As a Firearms-safety Instructor

A. To be certified as a firearms-safety instructor, an individual shall provide the following to the Department:

1. A completed application form with the following information:

a. Full legal name;

b. Home address, including ZIP code and county;

c. Mailing address if different from the home address;

d. E-mail address;

e. Social Security number;

f. Driver license number or state identification card number and state of issuance;

g. Home, business, and mobile telephone numbers;

h. National origin or race, sex, height, weight, eye and hair colors, and date and place of birth; and

i. A statement whether the individual suffers from mental illness or has been adjudicated mentally incompetent or committed to a mental institution;

2. A properly completed fingerprint card with classifiable fingerprints, unless the individual is currently registered as a firearms-safety instructor under A.R.S. § 13-3112;

3. The current evidence of completion referenced in R13-6-701(7) ; and

4. The fees required under R13-6-103.

B. If an individual is qualified under R13-6-701 and complies with the requirements in this Section, the Department shall certify the individual as a firearms-safety instructor.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-703 Firearms-safety Instructor Certification Renewal

A. A certified firearms-safety instructor shall renew the instructor's certification every two years by providing the following to the Department:

1. A completed application form with the information listed in R13-6-702(A)(1) ;

2. A properly completed fingerprint card with classifiable fingerprints unless currently registered as a firearms-safety instructor under A.R.S. § 13-3112;

3. The current evidence of completion referenced in R13-6-701(7) ; and

4. The renewal fee required under R13-6-103.

B. Upon verification that the firearms-safety instructor is qualified under R13-6-701 and complied with this Section, the Department shall renew the firearms-safety instructor's certification.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-6-704 Requirements of a Firearms-safety Instructor

A firearms-safety instructor shall:

1. Conduct only firearms-safety training programs that are established by the Department;

2. Conduct Department-established firearms-safety training programs only in this state;

3. Maintain for five years the following firearms-safety training records regarding each individual to whom training is provided:

a. Name and age of the individual at the time training started;

b. Date and number of hours of each training session;

c. Location of each training session;

d. Name of the security guard agency or firearms-safety training organization sponsoring the training session;

e. Title and Department-assigned number of the training program; and

f. Whether the individual passed, failed, or withdrew from the training program; and

4. Make the firearms-safety training records referenced in subsection (3) available for inspection upon request by the Department.

History

New Section made by final rulemaking at 12 A.A.R. 2825, effective September 9, 2006 (Supp. 06-3).

Chapter 7 DEPARTMENT OF PUBLIC SAFETY REPORTING BY SCRAP METAL AND USED AUTOMOTIVE COMPONENTS DEALERS

Article 1 REPORTING BY SCRAP METAL AND USED AUTOMOTIVE COMPONENTS DEALERS

Ariz. Admin. Code § R13-7-101 Definitions

In addition to the definitions provided under A.R.S. §§ 44-1321 and 44-1641 and for the purposes of this Article, the following definitions apply:

1. "Department" means the Arizona Department of Public Safety.

2. Scrap Metal and Lead Acid Battery Database" means the Internet-based database supported by the Department for the collection of data regarding the sale and purchase of scrap metal and lead acid batteries.

History

New Section made by final rulemaking at 19 A.A.R. 1796, effective July 9, 2013.

Ariz. Admin. Code § R13-7-102 Electronic Standards for Reporting Receipt of Scrap Metal

A. A scrap metal dealer required to submit an electronic record under subsection § 44-1644(A) shall submit the record into the Scrap Metal and Lead Acid Battery Database. To submit the record, the scrap metal dealer shall create an electronic account in the Scrap Metal and Lead Acid Battery Database. The scrap metal dealer may:

Manually submit each record directly into the Scrap Metal and Lead Acid Battery Database, or

2. Upload individual or batch records from a point-of-sale software program or other software program into the Scrap Metal and Lead Acid Battery Database.

B. A scrap metal dealer choosing to upload records under subsection (A)(2) shall conform to the following electronic submission standards:

1. Have available and use Internet connectivity for submission to the Scrap Metal and Lead Acid Battery Database;

Ensure when uploading an individual or batch record that:

a. The record is not any of the following electronic formats:

i. Joint Photographic Experts Group (JPEG), Tagged Image File Format (TIFF), Graphics Interchange Format (GIF), Portable Network Graphics (PNG), or any other picture format;

ii. Portable Document Format (PDF); or

iii. Word processing program format; and

b. The record submitted is in a format that enables the Scrap Metal and Lead Acid Battery Database to perform data parsing and configuration necessary to merge the record with the Scrap Metal and Lead Acid Battery Database.

C. A scrap metal dealer choosing to upload records under subsection (A)(2) shall ensure that the Department has current specifications regarding the format in which the records are submitted so the Department can make changes necessary to merge the records with the Scrap Metal and Lead Acid Battery Database.

History

New Section made by final rulemaking at 19 A.A.R. 1796, effective July 9, 2013.

Ariz. Admin. Code § R13-7-103 Electronic Standards for Reporting Receipt of Lead Acid Batteries

A. A used automotive components dealer required to submit an electronic record under subsection § 44-1327(A) shall submit the record into the Scrap Metal and Lead Acid Battery Database. To submit the record, the used automotive components dealer shall create an electronic account in the Scrap Metal and Lead Acid Battery Database. The used automotive components dealer may:

1. Manually submit each record directly into the Scrap Metal and Lead Acid Battery Database, or

2. Upload individual or batch records from a point-of-sale software program or other software program into the Scrap Metal and Lead Acid Battery Database.

B. When submitting a record into the Scrap Metal and Lead Acid Battery Database, a used automotive components dealer shall indicate that the record is about receipt of lead acid batteries.

C. A used automotive components dealer choosing to upload records under subsection (A)(2) shall conform to the following electronic submission standards:

Have available and use Internet connectivity for submission to the Scrap Metal and Lead Acid Battery Database;

Ensure when uploading an individual or batch record that:

a. The record is not any of the following electronic formats:

i. Joint Photographic Experts Group (JPEG), Tagged Image File Format (TIFF), Graphics Interchange Format (GIF), Portable Network Graphics (PNG), or any other picture format;

ii. Portable Document Format (PDF); or

iii. Word processing program format; and

3. A used automotive components dealer choosing to upload records under subsection (A)(2) shall ensure that the Department has current specifications regarding the format in which the records are submitted so the Department can make changes necessary to merge the records with the Scrap Metal and Lead Acid Battery Database.

History

New Section made by final rulemaking at 19 A.A.R. 1796, effective July 9, 2013.

Chapter 8 DEPARTMENT OF PUBLIC SAFETY - LOCAL RETIREMENT BOARD

Article 1 PROCEDURES

Ariz. Admin. Code § R13-8-101 Definitions and Interpretation

A. "System" means the Public Safety Personnel Retirement System, created by the provisions of A.R.S. Title 38, Chapter 5, Article 4, (A.R.S. § 38-841 et seq.).

B. "Local board" means the Department of Public Safety Local Retirement Board for the Public Safety Personnel Retirement System established pursuant to A.R.S. § 38-847.

C. "Secretary" means the secretary of the local board.

D. "DROP" means deferred retirement option plan.

E. Interpretation and application of the rules in this Chapter shall be consistent with the definitions set forth in A.R.S. § 38-842.

History

Adopted effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code § R13-8-102 Distribution of Information, Retirement Forms, and Applications

A. Information explaining the system received from the fund manager, shall be maintained by the secretary who shall distribute the information:

1. To potential members within one month of hire,

2. Upon request, and

3. Upon application for retirement.

B. The retirement forms and applications are provided by the fund manager and shall be maintained by the secretary who shall distribute them upon request.

History

Adopted effective July 22, 1994 (Supp. 94-3).

Ariz. Admin. Code § R13-8-103 New Memberships

A. Within one month of hire, the secretary shall distribute membership forms to the newly employed commissioned officers.

B. After receipt of completed membership forms, the secretary shall request each applicant's medical report from the medical advisor of the Department of Public Safety and review the medical reports. The secretary shall report to the local board when the medical report indicates a pre-existing physical or mental condition or prior injury.

C. The local board at its regularly scheduled meetings shall review the applications for new membership for eligibility in the system and the medical reports of any applicants with a pre-existing physical or mental condition or prior injury.

D. If an applicant has a physical or mental condition or injury that existed or occurred prior to the date of membership in the system, but is otherwise eligible for membership, the local board shall approve membership, excluding accidental, catastrophic, or ordinary disability benefits relating to the pre-existing physical or mental condition or injury.

E. If the local board denies membership or approves membership with an exclusion based on a pre-existing condition or prior injury, the secretary shall so notify the applicant in writing.

F. The local board may review on its own initiative and redetermine its prior decisions on membership and exclusions. The local board shall notify any member of any meeting at which the local board will review a prior decision affecting a member's membership.

History

Adopted effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code § R13-8-104 Expired

History

Adopted effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 1994, effective 5/7/2024.

Ariz. Admin. Code § R13-8-105 Disability Retirement

A. When a member applies for ordinary, accidental, catastrophic, or temporary disability pension, the member shall be provided with the appropriate forms, information on the documentation required, and assistance in applying for a disability pension.

B. When all required forms and documentation have been fully completed and submitted to the secretary, the secretary shall schedule the appointed Medical Board, notify the claimant of the date, time, and location of the Medical Board examination, and forward the application and all appropriate papers to the Medical Board.

C. If the claimant is applying for an ordinary disability pension, the local board shall request the Medical Board to address specifically:

1. Whether the claimant:

a. Has a physical condition which totally and permanently prevents the claimant from performing a reasonable range of duties within the member's department, or

b. Has a mental condition which totally and permanently prevents the claimant from engaging in any substantial gainful activity, and

2. Whether the claimant's disability is the result of a physical or mental condition or injury that existed or occurred prior to the claimant's date of membership in the system.

D. If the claimant is applying for an accidental disability pension, the local board shall request the Medical Board to address specifically:

1. Whether the claimant has a physical or mental condition which totally and permanently prevents the claimant from performing a reasonable range of duties within the member's job classification,

2. Whether the disabling condition was incurred in the performance of the member's job duties, and

3. Whether the claimant's disability is the result of a physical or mental condition or injury that existed or occurred prior to the claimant's date of membership in the system.

E. If the claimant is applying for a temporary disability pension, the local board shall request the Medical Board to address specifically:

1. Whether the claimant has a physical or mental condition which totally and temporarily prevents the claimant from performing a reasonable range of duties within the member's department, and

2. Whether the disabling condition was incurred in the performance of the member's job duties.

F. If the claimant is applying for a catastrophic disability pension, the local board shall request the Medical Board to address specifically:

1. Whether the claimant has a physical condition which totally and permanently prevents the claimant from engaging in any gainful employment,

2. Whether the disabling physical condition or injury was incurred in the performance of the claimant's employment duties, and

3. Whether the claimant's disability is the result of a physical condition or injury that existed or occurred prior to the claimant's date of membership in the system.

G. Upon receipt of the Medical Board's evaluation, the secretary shall forward a copy of the evaluation to the claimant, and the application for disability retirement shall be placed on the agenda for the next regularly scheduled meeting of the local board, provided the evaluation is received ten calendar days prior to the meeting.

H. A member shall be permitted to address the local board when the local board is considering the member's application.

History

Adopted effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code § R13-8-106 Medical Examination of and Recovery by Member with Accidental or Ordinary Disability

A. When the local board determines that a member qualifies for an ordinary or accidental disability retirement pension and the member will not reach normal retirement date within one year of the initial determination, the local board shall determine whether and when to request medical re-examination pursuant to A.R.S. § 38-844(E).

B. If the local board requests a medical re-examination, the secretary shall so calendar the requested medical examination; process and direct the relevant medical documents; notify the member of the date, time, and location of the medical examination; and forward appropriate documentation to the doctors or clinic performing the medical examination.

C. The local board shall request the Medical Board performing the medical re-examination to address specifically whether the member has sufficiently recovered to be able to engage in a reasonable range of duties within the member's department.

D. Upon receipt of the report of the medical re-examination, the secretary shall forward a copy to the member and place the item on the agenda for the next regularly scheduled meeting of the local board, provided the report is received ten calendar days prior to the meeting.

E. The member shall be permitted to address the local board at any board meeting at which a determination on recovery may be made.

F. If the local board determines that the member has recovered sufficiently to be able to engage in a reasonable range of duties within the member's department, the local board shall notify the member and the member's department. If the member's department makes an offer of employment to the member, and the member refuses an offer of employment from the member's department or from any employer in the system, the local board shall terminate benefits.

G. If the local board determines that the member has not recovered, the local board shall determine whether and when to request another medical re-examination pursuant to A.R.S. § 38-844(E).

H. Notwithstanding the provisions of subsections (A) and (G), the local board may request a medical re-examination pursuant to A.R.S. § 38-844(E) at any time prior to the normal retirement date of a member with a disability pension.

History

Adopted effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code § R13-8-107 Expired

History

Adopted effective July 22, 1994 (Supp. 94-3). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 1994, effective 5/7/2024.

Ariz. Admin. Code § R13-8-108 Notification to Claimant of Determination As to Right of Claimant to a Benefit

A. When the local board approves applications for retirement, disability pensions, and survivor's benefits, the claimant shall receive notification of the local board's original determination either by attending the meeting at which the action was taken, by certified mail, or by receiving benefits from the system pursuant to the local board's original action.

B. When the local board denies applications for retirement, disability pensions, and survivor's benefits, the claimant shall receive notification of the local board's original determination either by attending the meeting at which the action was taken or by certified mail. The notification shall include notification to claimant of the statutory right to apply for a rehearing on the original determination within 60 days after receipt of notification.

History

Adopted effective July 22, 1994 (Supp. 94-3).

Ariz. Admin. Code § R13-8-109 Expired

History

Adopted effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 1994, effective 5/7/2024.

Ariz. Admin. Code § R13-8-110 Expired

History

Adopted effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 1994, effective 5/7/2024.

Ariz. Admin. Code § R13-8-111 Expired

History

Adopted effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2). Section expired under A.R.S. § 41-1056(J) at 30 A.A.R. 1994, effective 5/7/2024.

Ariz. Admin. Code § R13-8-112 Rehearing on Original Determination

A. The local board shall conduct rehearings pursuant to A.R.S. § 38-847(H) as though the rehearings were an adjudicative proceeding under A.R.S. Title 41, Chapter 6, Article 6 (A.R.S. § 41-1061 et seq.).

B. If the fund manager applies for a rehearing, the claimant whose benefit determination may be affected shall be a party to the proceeding.

C. By ten calendar days prior to the rehearing, the claimant or fund manager shall submit to the local board a list of witnesses whom the claimant or fund manager intends to call to testify at the hearing and of all exhibits which the claimant or fund manager intends to use at the hearing as well as a copy of all listed exhibits.

D. By ten calendar days prior to the rehearing, the claimant or fund manager may submit to the local board a written statement setting forth the facts of the case and a brief addressing relevant issues.

E. If the claimant, fund manager, or local board desires subpoenas pursuant to A.R.S. § 41-1062(A)(4), the subpoenas shall be submitted at least ten calendar days prior to the rehearing to the secretary for issuance by the presiding hearing officer. Service of the subpoenas is the responsibility of the party requesting issuance of the subpoenas.

F. Applications for permission to take depositions pursuant to A.R.S. § 41-1062(A)(4) shall be submitted to the secretary for determination by the presiding hearing officer.

G. Unless the local board decides otherwise, the chairperson of the local board shall function as the presiding hearing officer.

H. The burden of proof for establishing a disability shall be with the claimant.

History

Adopted effective July 22, 1994 (Supp. 94-3). Amended by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code § R13-8-113 Review of Decision by Local Board on Rehearing of Original Determination

A. Except as provided in subsection (H), the decision by the local board on rehearing of the original determination may be vacated and a new rehearing granted on motion of the aggrieved party for any of the following causes materially affecting that party's rights:

1. Irregularity in the administrative proceedings of the local board or the hearing officer or prevailing party, or any order or abuse of discretion, whereby the moving party was deprived of a fair hearing.

Misconduct of the local board, the hearing officer, or prevailing party.

3. Accident or surprise which could not have been prevented by ordinary prudence.

4. Material evidence, newly discovered, which with reasonable diligence could not have been discovered and produced at the rehearing.

5. Error in the admission or rejection of evidence, or other errors of law occurring at the rehearing or during the progress of the administrative proceeding.

6. That the decision is the result of passion or prejudice.

7. That the decision is not justified by the evidence or is contrary to law.

B. A new rehearing may be granted to all or any of the parties and on all or part of the issues for any of the reasons for which new rehearings are authorized by law or rule of the local board. On the granting of a motion for review, the local board may take additional testimony, amend findings of fact and conclusions of law, or make new findings and conclusions and direct the entry of a new decision.

C. The motion for review shall be in writing, shall specify generally the grounds upon which the motion is based, and may be amended at any time before it is ruled upon by the local board.

D. A motion for review shall be filed not later than 15 calendar days after receipt of notification of the decision by the local board on the rehearing of original determination. For purposes of this subsection, the claimant shall receive notification either by attending the meeting at which the decision is made or by certified mail.

E. Any party to the proceeding may file a response to the motion or amended motion within ten calendar days after service of the motion or amended motion. The local board may require filing of briefs upon issues raised in the motion and may provide for oral argument.

F. When a motion for rehearing is based upon affidavits, they shall be served with the motion. All parties to the proceeding have ten calendar days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 calendar days either by the local board for good cause shown or by the parties by written stipulation. The local board may permit reply affidavits.

G. Not later than 40 calendar days after the decision, the local board of its own initiative may order a new rehearing for any reason for which it might have granted a new rehearing on motion of a party. Additionally, after giving the parties notice and an opportunity to be heard on the matter, the local board may grant a motion for review, timely served, for a reason not stated in the motion. In either case the local board shall specify the grounds therefore.

H. If the local board makes specific findings that the immediate effectiveness of a decision in a particular matter is necessary for the protection of the system and its members and that a review of the decision is impracticable, unnecessary, or contrary to the public interest, the decision may be issued as a final decision without opportunity for a review. If a decision is issued as a final decision without an opportunity for review, any application for judicial review of the decision shall be made within the time limits permitted by law for applications for judicial review of the local board's final decisions.

History

Adopted effective July 22, 1994 (Supp. 94-3).

Ariz. Admin. Code § R13-8-114 Transcripts

If any party designates any portion of the oral proceedings before the local board or hearing officer as part of the record on review in the superior court, the cost of the transcript shall be paid by the party so designating unless the local board waives the cost of transcription upon good cause shown. A request for waiver of the cost of the transcription shall be in writing and served upon the local board at the time of the service of the complaint.

History

Adopted effective July 22, 1994 (Supp. 94-3).

Ariz. Admin. Code § R13-8-115 Confidentiality of Medical Records and Data

A. Medical records and data of members held by the local board are confidential and are exempt from public copying and inspection requirements of A.R.S. § 39-121 et seq.

B. The local board shall discuss all medical records and specific medical data in executive session, including the taking of testimony that is specifically required to be maintained as confidential by state or federal law, unless the member signs a consent form to discuss the member's medical records and data in an open meeting.

C. The member, member's legal counsel, and only individuals whose presence is reasonably necessary in order for the local board to carry out its executive session responsibilities may attend an executive session pursuant to A.R.S. § 38-431.03(A)(2) to discuss the member's medical records and specific medical data.

History

New Section made by final rulemaking at 13 A.A.R. 1801, effective June 30, 2007 (Supp. 07-2).

Chapter 9 Department of Public Safety - Concealed Weapons Permits

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R13-9-101 Definitions

In this Chapter, unless otherwise specified:

1. "Adequate documentation" has the same meaning as prescribed in A.R.S. § 13-3112(E)(6).

2. "Administrative completeness review time-frame" has the same meaning as prescribed in A.R.S. § 41-1072.

3. "Applicant" means an individual or organization that submits an application form and the required fee to the Department for:

a. A Concealed Weapons Permit,

b. Renewal of a Concealed Weapons Permit,

~~c. Firearms-safety instructor authorization,~~

~~d. Renewal of firearms-safety instructor authorization,~~

~~e. Firearms-safety training organization authorization,~~

f. c. A certificate of firearms proficiency, or

g. d. Recognition as a firearms-proficiency instructor.

4. "Certificate of firearms proficiency" means a document issued by the Department to an individual who meets the requirements of LEOSA.

"Classifiable fingerprints" means fingerprint impressions that meet the criteria of the Federal Bureau of Investigation, as contained in Form FD-258 (Rev. 5-15-17), published by the U.S. Government Printing Office. This form is incorporated by reference and available from the Department and the FBI (Attn: Logistical Support Unit, CJIS Division, 1000 Custer Hollow Road, Clarksburg, WV 26306) or online at www.bookstore.gpo.gov. The material incorporated by reference contains no future editions or amendments.

6. "Completion certificate" means adequate documentation that an individual completed an eight-hour, Department-authorized, firearms-safety training program.

7. "Department" means the Department of Public Safety.

8. "Director" means the Director of the Arizona Department of Public Safety.

9. "Firearm" has the same meaning as prescribed in A.R.S. § 13-3101.

~~10. "Firearms-safety instructor" means an individual who is authorized under this Chapter to conduct firearms-safety training.~~

~~11. "Firearms-safety training program" means a course of instruction in the safe and lawful use of a firearm that is authorized by the Department and meets the requirements of A.R.S. § 13-3112(O) .~~

~~12.~~ 10. "Honorably retired peace officer" means an individual who separates from a law enforcement agency after at least 10 years of service, receives a medical, disability, or regular retirement pension or annuity as a result of qualifying years of service as a peace officer, and has a letter from the law enforcement agency confirming these facts.

~~13.~~ 11. "LEOSA" means the federal Law Enforcement Officers Safety Act of 2004.

~~14.~~ 12. "LEOSA instructor" means an individual who is certified by POST as a firearms instructor and authorized by the Department to provide training to individuals seeking a certificate of firearms proficiency.

15. "Live ammunition" means a cartridge consisting of a case, primer, propellant powder, and a single metallic projectile, no less than 30 grain, and with a velocity more than 500 feet per second when fired. Live ammunition does not include simulated, marking, or rubber projectile ammunition.

~~16. "NRA" means the National Rifle Association.~~

17. "Organization" means a person or entity legally established under all applicable federal, state, city, and county law and authorized to conduct business in Arizona that is authorized by the Department to teach a Department-authorized firearms-safety training program to applicants.

~~18.~~ 13. "Original application" means a form referenced in this Chapter that is not a copy and contains the original signature of an applicant.

~~19.~~ 14. "Party" has the same meaning as prescribed in A.R.S. § 41-1001.

~~20.~~ 15. "Peace officer" has the same meaning as prescribed in A.R.S. § 13-105.

~~21.~~ 16. "Permit" means an identification card issued by the Department that authorizes the named holder to carry concealed weapons subject to the requirements of A.R.S. § 13-3112 and this Chapter.

~~22.~~ 17. "Permit holder" means an individual who has a Department-issued permit to carry concealed weapons.

~~23.~~ 18. "POST" means the Arizona Peace Officer Standards and Training Board.

~~24.~~ 19. "Prohibited possessor" has the same meaning as prescribed in A.R.S. § 13-3101(7) and means any individual to whom it is unlawful to sell or otherwise dispose of a firearm under 18 U.S.C. 922(d) or (g).

~~25.~~ 20. "Qualified retired officer" means a qualified retired law enforcement officer as defined by 18 U.S.C. 926C(c).

~~26.~~ 21. "Resident" has the same meaning as prescribed in A.R.S. § 28-2001.

27. "Responsible party" means an individual who is responsible for administration of an authorized firearms-safety training organization and who serves as the contact between the organization and the Department.

~~28.~~ 22. "Substantive review time-frame" has the same meaning as prescribed in A.R.S. § 41-1072.

~~29.~~ 23. "Weapon" has the same meaning as deadly weapon as defined in A.R.S. § 13-3101.

History

Adopted effective January 12, 1996 (Supp. 96-1). Amended by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4). Amended by final expedited rulemaking at 27 A.A.R. 2499, effective 10/8/2021.

Ariz. Admin. Code § R13-9-102 Application and Processing Fees

A. Under the authority provided by A.R.S. § 13-3112, the Department establishes and shall collect the following fees:

1. New Concealed Weapons Permit - $43;

2. Renewal of a Concealed Weapons Permit - $43;

Certificate of firearms proficiency - $20;

4. Replacing a lost, stolen, or damaged permit or certificate - $10;

Name change on a permit or certificate - $10.

B. The Department shall collect a fee in an amount necessary to cover the cost of federal and state fingerprint processing for criminal history record checks from all applicants required under this Chapter to submit fingerprints for a criminal history record check.

C. An applicant shall submit the required fees by a cashier's or certified check or money order made payable to the Arizona Department of Public Safety. The Department does not accept credit cards or personal checks. All fees are non-refundable unless A.R.S. § 41-1077 applies.

History

Adopted effective January 12, 1996 (Supp. 96-1). Section repealed; new Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R13-9-103 Application Forms

A. The Department shall provide and an applicant shall use an application form for:

1. An initial Concealed Weapons Permit or renewal of the permit,

~~2. A firearms-safety instructor authorization or renewal of the authorization~~,

~~3. Authorization of a firearms-safety training organization~~,

4. 2. A certificate of firearms proficiency, or

5. 3. Authorization as a LEOSA instructor.

B. Application forms may be obtained from the Concealed Weapons Permit Unit of the Department or online at www.azdps.gov/services/public/cwp. Upon request, the Concealed Weapons Permit Unit shall advise an individual or organization of other locations where application forms may be obtained.

History

Adopted effective January 12, 1996 (Supp. 96-1). Section repealed; new Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4). Amended by final expedited rulemaking at 27 A.A.R. 2499, effective 10/8/2021.

Ariz. Admin. Code § R13-9-104 Time-frames for Department Action on Applications

A. For the purpose of compliance with A.R.S. § 41-1072 et seq., the Department establishes the time-frames listed in Table 1. Under A.R.S. § 41-1073(E)(2), the Department is not establishing a time-frame for issuance of the following licenses because the Department shall grant or deny each license within seven days after receipt of an application:

~~1. Authorization of a firearms-safety training organization under R13-9-302 ,~~

2.1. A certificate of firearms proficiency under R13-9-402, and

3.2. Recognition as a LEOSA instructor under R13-9-501.

B. An administratively complete application consists of all the information and documents listed in:

R13-9-202 for a Concealed Weapons Permit, or

R13-9-204 for renewal of a Concealed Weapons Permit.

~~3. R13-9-308 for a firearms-safety instructor authorization, or~~

~~4. R13-9-309 for renewal of a firearms-safety instructor authorization.~~

C. The administrative completeness review time-frame listed in Table 1 begins on the date the Department receives an application.

From the date of the deficiency notice, the applicant shall submit to the Department, within the time for response to a deficiency notice provided in Table 1, the missing documents and information. The time-frame for the Department to finish the administrative completeness review is suspended from the date of the deficiency notice until the date the Department receives the missing documents and information.

3. The Department and applicant may agree in writing to extend the time in subsection (C)(2) upon written request by the applicant before the end of the time.

4. If the applicant fails to provide the missing documents and information within the time allowed, the Department shall close the applicant's file. If an individual whose file is closed wants to be considered further for a permit or approval, the individual shall submit a new application under R13-9-202 or R13-9-204.

D. The substantive review time-frame listed in Table 1 begins on the date that the Department determines an application is administratively complete.

2. From the date of the comprehensive request for additional information, the applicant shall submit to the Department, within the time for response to a comprehensive request provided in Table 1, the additional information. The time-frame for the Department to finish the substantive review of the application is suspended from the date of the comprehensive request for additional information until the Department receives the additional information.

3. The Department and applicant may agree in writing to extend the time in subsection (D)(2) upon written request by the applicant before the end of the time.

4. If the applicant fails to provide the additional information within the time allowed, the Department shall close the applicant's file. If an individual whose file is closed wants to be considered further for a permit or approval, the individual shall submit a new application under R13-9-202 or R13-9-204.

E. When the substantive review is complete, the Department shall inform the applicant in writing of its decision whether to grant or deny a permit or authorization to the applicant.

F. The Department shall deny a permit, certificate, authorization, or recognition if it determines that the applicant does not meet all criteria required by statute and rule.

1. The Department shall include in its notice of denial the information required under A.R.S. § 41-1092.03(A).

2. Under A.R.S. § 13-3112(H), an individual who is denied a Concealed Weapons Permit may submit additional documentation to the Department within 20 days of receipt of the notice of denial and the Department shall reconsider its denial.

3. An applicant who is denied a permit, certificate, authorization, or recognition may appeal the Department's decision under A.R.S. Title 41, Chapter 6, Article 10.

G. The Department shall grant a permit, certificate, authorization, or recognition if it determines that the applicant meets all criteria required by statute and rule.

History

Adopted effective January 12, 1996 (Supp. 96-1). Section repealed; new Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4). Amended by final expedited rulemaking at 27 A.A.R. 2499, effective 10/8/2021.

Ariz. Admin. Code § R13-9-105 [REPEALED]

History

Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-9-106 [REPEALED]

History

Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-9-107 [REPEALED]

History

Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-9-108 [REPEALED]

History

Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-9-109 [REPEALED]

History

Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-9-110 [REPEALED]

History

Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-9-111 [REPEALED]

History

Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-9-112 [REPEALED]

History

Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

Ariz. Admin. Code § R13-9-113 [REPEALED]

History

Adopted effective January 12, 1996 (Supp. 96-1). Section repealed by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4).

Article 2 CONCEALED WEAPONS PERMIT: APPLICATION; RENEWAL; RESPONSIBILITIES

Ariz. Admin. Code § R13-9-201 Concealed Weapons Permit Eligibility

A. an applicant for a Concealed Weapons Permit shall meet all requirements under A.R.S. § 13-3112(E) and (N), and not currently be a prohibited possessor under state or federal law.

B. ~~An applicant is exempt from the training requirement in A.R.S. § 13-3112(E)(6) if the applicant:~~

~~1. Is an active federally credentialed law enforcement officer;~~

~~2. Is an active POST-certified peace officer;~~

~~3. Is an active county detention officer and weapons certified by the officer's employing agency; or~~

~~4. Is an honorably retired federal, state, or local peace officer with at least 10 years of active service.~~

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4). Amended by final expedited rulemaking at 27 A.A.R. 2499, effective 10/8/2021.

Ariz. Admin. Code § R13-9-202 Application for a Concealed Weapons Permit

To obtain a Concealed Weapons Permit, an applicant who is eligible under R13-9-201 shall:

1. Submit to the Department an original application, using a form available from the Department, that includes the following information:

a. Full legal name;

b. County of residence and residential address, including zip code, or descriptive location of residence if an address is not assigned;

c. Mailing address if different from residential address;

d. Social Security number (optional);

e. Contact telephone numbers;

f. Descriptive information about the applicant including race, gender, height, weight, eye and hair colors, and date and place of birth;

g. A statement of whether the applicant:

i. Is a citizen of the United States;

ii. Was born outside of the United States or one of its territories;

iii. Has satisfactorily completed the firearms-safety training program;

iv. Is currently under indictment for a felony offense;

v. Has ever been convicted of a felony offense, and if so, whether the conviction was expunged, set aside, or vacated, or whether the applicant's civil rights were restored;

vi. Is currently under indictment for a misdemeanor domestic violence offense;

vii. Has ever been convicted for a misdemeanor domestic violence offense and if so, whether the conviction was expunged, set aside, or vacated;

viii. Has been discharged from the United States Armed Forces under dishonorable conditions;

ix. Suffers from a mental illness and has ever been adjudicated mentally incompetent or committed to a mental institution by court order; and

x. Is an active-duty POST-certified Arizona peace officer, federally credentialed peace officer, weapons-certified county detention officer, or honorably retired federal, state, or local peace officer with at least 10 years of service; and

h. The applicant's dated signature attesting that the information provided in the application is true to the best of the applicant's knowledge.

2. In addition to the application form required under subsection (1), an applicant shall:

a. Submit adequate documentation under A.R.S. § 31-3112(E)(6)(a-d) or (N)(1-8); or

~~b. If exempt from the training requirement under A.R.S. § 13-3112(E)(6), submit a letter on official letterhead of the agency employing or from which the applicant is honorably retired that;~~

~~i. States that the applicant's duties are or were primarily the investigation and apprehension of individuals suspected of violating criminal laws; and~~

~~ii. Includes the applicant's name, job title or position, dates of employment, current employment status, and the name and telephone number of an individual who can verify the information provided;~~

c. b. Submit a copy of one of the following if born outside the United States or one of its territories or if not a citizen of the United States:

i. Certificate of naturalization,

ii. Both the front and back of a permanent resident alien card, USCIS Form I-94, or other federally issued document authorizing the applicant to be in the United States,

iii. Record of birth abroad to an American citizen,

iv. Record of birth to Armed Service personnel, or

v. Passport issued by the United States;

d. c. Submit two full sets of classifiable fingerprints; and

e. d. Submit the fees required under R13-9-102(A) and (B).

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4). Amended by final expedited rulemaking at 27 A.A.R. 2499, effective 10/8/2021.

Ariz. Admin. Code § R13-9-203 Issuance of a Concealed Weapons Permit

A. If an applicant meets the requirements of A.R.S. § 13-3112 and this Chapter and is not currently a prohibited possessor under state or federal law, the Department shall issue to the applicant a Concealed Weapons Permit containing:

1. The permit holder's legal name, as shown on the application;

2. The permit holder's date of birth;

3. The permit holder's physical description, including race, gender, height, weight, and hair and eye colors;

4. A permit number;

5. The dates of issuance and expiration; and

6. The title of the permit, "State of Arizona Concealed Weapons Permit."

B. The Department shall mail the permit to the residential or mailing address shown on the application.

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R13-9-204 Renewal of Concealed Weapons Permit

A. A Concealed Weapons Permit expires five years after it is issued. If a Concealed Weapons Permit expires, the former permit holder shall not unlawfully carry a concealed weapon until the former permit holder applies for and is issued a new Concealed Weapons Permit.

B. To renew a Concealed Weapons Permit, the permit holder shall, no more than 90 days before or 60 days after the date of expiration:

1. Submit to the Department the application required under R13-9-202(1) ;

2. Submit the fee required under R13-9-102(A) ;

3. If not a citizen of the United States, submit a copy of the front and back of the federally issued document that authorizes the permit holder to be in the United States; and

C. The permit holder shall be in compliance with A.R.S. § 31-3112(E).

C. D. If a former permit holder fails to comply with subsection (B), the former permit holder may obtain a new Concealed Weapons Permit only by complying with all provisions of R13-9-202.

D. E. If a permit holder is a member of the United States armed forces, Arizona national guard, or reserves of any military establishment of the United States and is on federal active duty and deployed overseas at the time the permit holder's Concealed Weapons Permit expires, the permit holder may renew the permit by complying with subsection (B) within 90 days after the end of the overseas deployment. To renew a permit under this subsection, the permit holder shall include evidence of the deployment with the renewal application.

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4). Amended by final expedited rulemaking at 27 A.A.R. 2499, effective 10/8/2021.

Ariz. Admin. Code § R13-9-205 Permit Holder Responsibilities

A. Upon request of any peace officer, a permit holder who is in actual possession of a concealed weapon shall present the permit to the peace officer for inspection. If the permit does not include a photograph of the permit holder, the permit holder shall also present one of the following types of official photographic identification:

1. Driver license issued by any state,

2. Military identification card,

3. Identification license issued under A.R.S. § 28-3165, or

4. Passport.

B. A permit holder shall not deface, alter, mutilate, reproduce, lend, transfer, or sell a permit.

C. To ensure timely communication from the Department, a permit holder shall provide notice to the Department within 10 days after a change of address.

D. A permit holder shall inform the Department by telephone within 72 hours if the permit holder is arrested or indicted for an offense that would make the permit holder unqualified under A.R.S. § 13-3112 or if the permit holder becomes a prohibited possessor.

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

Ariz. Admin. Code § R13-9-206 Lost, Stolen, or Damaged Concealed Weapons Permit

A. A permit holder whose Concealed Weapons Permit is lost, stolen, or damaged shall notify the Department in writing within 10 days of determining that the permit is lost, stolen, or damaged. When advised of a lost, stolen, or damaged permit, the Department shall invalidate the permit. The permit holder shall not carry a concealed weapon until the Department issues a replacement permit.

B. The Department shall issue a replacement permit to a permit holder who:

1. Submits a written request;

2. Submits the fee specified in R13-9-102 ; and

3. Returns the permit if it is damaged.

C. The Department shall ensure that the replacement permit has the same expiration date as the lost, stolen, or damaged permit.

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R13-9-207 [REPEALED]

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Section repealed by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

Ariz. Admin. Code § R13-9-208 Change in Name of Permit Holder

A. A permit holder whose name is legally changed shall provide written notice to the Department and request a revised Concealed Weapons Permit within 10 days of the name change. The permit holder shall ensure that the written request for a revised Concealed Weapons Permit:

1. Contains both the previous and new names,

2. Is accompanied by a copy of the court document or marriage certificate authorizing the name change, and

3. Includes the fee specified in R13-9-102.

B. Within 15 working days after receipt of a request for a revised permit, the Department shall mail the revised permit to the permit holder.

C. The Department shall ensure that a revised permit has the same expiration date as the previous permit.

D. Upon receipt of a revised permit, the permit holder shall return the previous permit to the Department.

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4).

Article 3 FIREARMS-SAFETY TRAINING: ORGANIZATIONS AND INSTRUCTORS

Ariz. Admin. Code § R13-9-301 [REPEALED]

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Section repealed by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

Ariz. Admin. Code § R13-9-302 Expired

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 4658, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 795, effective March 27, 2015; expired Section removed in Supp. 17-4.

Ariz. Admin. Code § R13-9-303 [REPEALED]

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Section repealed by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

Ariz. Admin. Code § R13-9-304 [REPEALED]

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Section repealed by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

Ariz. Admin. Code § R13-9-305 Expired

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 795, effective March 27, 2015 (Supp. 15-2).

Ariz. Admin. Code § R13-9-306 [REPEALED]

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Section repealed by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

Ariz. Admin. Code § R13-9-307 Expired

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 795, effective March 27, 2015 (Supp. 15-2).

Ariz. Admin. Code § R13-9-308 Expired

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 795, effective March 27, 2015 (Supp. 15-2).

Ariz. Admin. Code § R13-9-309 Expired

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 795, effective March 27, 2015 (Supp. 15-2).

Ariz. Admin. Code § R13-9-310 Expired

History

New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 795, effective March 27, 2015 (Supp. 15-2).

Article 4 CERTIFICATE OF FIREARMS PROFICIENCY

Ariz. Admin. Code § R13-9-401 Certificate of Firearms Proficiency Eligibility

To be eligible to receive a LEOSA-authorized certificate of firearms proficiency from the Department, an individual shall:

1. Be a resident of Arizona; and

2. Be a qualified retired law enforcement officer. An individual is a qualified retired law enforcement officer if the individual:

a. Is retired in good standing from service with a public agency as a law enforcement officer for a reason other than mental instability;

b. While in service as a law enforcement officer, was authorized by law to engage in or supervise the prevention, detection, investigation, prosecution, or incarceration of a person for any violation of law, and had statutory powers of arrest;

c. Was regularly employed as a law enforcement officer for a total of 15 years or more or, if employed as a law enforcement officer for fewer than 15 years, retired after any applicable probationary period of service due to a service-connected disability, as determined by the agency;

d. Has a non-forfeitable right to benefits under the retirement plan of the agency;

e. Meets the training and qualification standards of an active-duty law enforcement officer in Arizona;

f. Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

g. Is not prohibited by federal law from possessing a firearm.

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Former R13-9-401 renumbered to R13-9-601 ; new R13-9-401 made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

Ariz. Admin. Code § R13-9-402 Application for a Certificate of Firearms Proficiency

To obtain a certificate of firearms proficiency, an applicant who is eligible under R13-9-401 shall submit:

1. An original application, using a form available from the Department, which provides the following information about the applicant:

a. Full legal name;

b. Residential address or descriptive location of residence if an address is not assigned;

c. Mailing address if different from the residential address;

d. Social Security number (optional);

e. Telephone number;

f. E-mail address;

g. Descriptive information including race, gender, height and weight, eye and hair colors, and date and place of birth;

h. Name and address of the law enforcement agency from which the applicant is retired; and

i. The applicant's dated signature affirming that the information provided is true and accurate;

Documentation that the applicant met the requirement under R13-9-401(2)(e) within the last 12 months;

3. A copy of photographic identification from a law enforcement agency indicating that the applicant is retired from the agency;

4. A letter from the law enforcement agency from which the applicant is retired that:

a. Is on agency letterhead,

b. Includes the applicant's name, rank, employee or badge number, dates of employment, and retired status; and

c. Provides the name and telephone number of an individual within the agency who can verify the information provided; and

5. The fee required under R13-9-102.

History

New Section made by final rulemaking at 10 A.A.R. 4752, effective January 1, 2005 (Supp. 04-4). Former R13-9-402 renumbered to R13-9-603 ; new R13-9-402 made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R13-9-403 Issuance of a Certificate of Firearms Proficiency

The Department shall issue a certificate of firearms proficiency to an individual who is eligible under R13-9-401 and submits the information and documents required under R13-9-402 . The Department shall ensure that the certificate of firearms proficiency contains:

1. The following information about the certificate holder:

a. Legal name as shown on the application submitted under R13-9-402 ;

b. Birth date;

c. Physical description including race, gender, height and weight, and eye and hair colors; and

d. Name of the law enforcement agency from which retired;

2. The statement, "Retired Law Enforcement Officer," following the certificate holder's name;

3. A certificate number;

4. The date of qualification;

5. The title "Retired Law Enforcement Officer's Certificate of Firearms Proficiency"; and

6. A brief statement on the reverse side identifying the certificate and its purpose.

History

New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R13-9-404 Renewal of a Certificate of Firearms Proficiency

A. A certificate of firearms proficiency expires one year after the date of qualification.

B. To renew a certificate of firearms proficiency before it expires, the certificate holder shall comply with the requirements in R13-9-402(1), (2), and (5).

C. If a certificate of firearms proficiency expires, the former certificate holder may obtain a new certificate only by complying with all of the requirements in R13-9-402.

History

New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R13-9-405 Certificate Holder Responsibilities

A. A certificate holder who is in actual possession of a concealed weapon shall also be in possession of:

1. Photographic identification issued by a law enforcement agency indicating that the certificate holder is a retired law enforcement officer; and

2. The certificate of firearms proficiency issued under R13-9-403.

B. On request by any peace officer, a certificate holder who is in actual possession of a concealed weapon shall present the documents listed in subsection (A).

History

New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

Article 5 LEOSA-RECOGNIZED INSTRUCTORS

Ariz. Admin. Code § R13-9-501 Application for Recognition As a Leosa Instructor

A. To be recognized as a LEOSA instructor, an individual shall:

1. Be certified as a firearms instructor by POST; and

Submit an application, available from the Department, which provides the following information about the applicant:

a. Name,

b. Mailing address,

c. Telephone number,

d. E-mail address,

e. Social Security number (optional), and

f. Name of the law enforcement agency with which the applicant is or was employed.

B. After receiving the application required under subsection (A)(2) and confirming that the applicant is certified by POST as a firearms instructor, the Department shall recognize the applicant as a LEOSA instructor and assign a LEOSA-instructor number.

History

New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R13-9-502 Leosa Instructor Responsibilities

An individual recognized by the Department as a LEOSA instructor shall:

1. Comply with all POST firearms-certification rules and requirements when performing firearms-qualification services for a retired law enforcement officer;

2. Complete the documentation required under R13-9-402(2) for a retired law enforcement officer who successfully completes the firearms-qualification requirement;

3. Maintain for five years the following information about a retired law enforcement officer to whom firearms-qualification services are provided:

a. Name and age of the retired law enforcement officer at the time firearms-qualification services are provided;

b. Date and number of hours that the retired law enforcement officer received firearms-qualification services;

c. Physical location at which firearms-qualification services were provided;

d. Name of LEOSA instructor and LEOSA-instructor number; and

e. Whether the retired law enforcement officer passed, failed, or withdrew from the firearms qualification; and

4. Provide notice to the Department within 10 days:

a. Of a change in mailing address or telephone number;

b. Of a change in the information regarding the LEOSA instructor posted on the Department's web site;

c. If the individual no longer wants to be recognized as a LEOSA instructor; and

d. If the individual's POST certification as a firearms instructor is suspended or revoked.

History

New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

Article 6 HEARINGS AND DISCIPLINARY PROCEEDINGS

Ariz. Admin. Code § R13-9-601 Suspension and Revocation

A. If a permit holder is arrested or indicted for an offense that would disqualify the permit holder under A.R.S. § 13-3112 or if the permit holder is a prohibited possessor, the Department shall immediately suspend and seize the permit. The Department shall restore the permit under the conditions specified in A.R.S. § 13-3112(C).

B. ~~If an authorized firearms-safety instructor becomes a prohibited possessor under state or federal law, the Department shall immediately suspend the authorization of the firearms-safety instructor.~~

C. B. If a permit holder is convicted of an offense that disqualifies the permit holder under A.R.S. § 13-3112, the Department shall revoke the permit. The Department shall restore the permit under the conditions specified in A.R.S. § 13-3112(C).

D. C. After providing notice and an opportunity for hearing, the Department shall suspend or revoke a permit or Department authorization if the Department determines that the permit holder:

1. Failed to maintain all conditions specified in A.R.S. § 13-3112 and this Chapter; or

2. Provided false, incomplete, or misleading information to the Department.

E. D. If the Department revokes a permit or authorization, the affected individual shall not apply for another permit or authorization for at least two years from the date of revocation.

F. E. If the Department determines that emergency action is required to suspend a permit or Department authorization, the Department shall send a notice of summary suspension by certified mail to the last known address of the individual. The Department shall ensure that the notice includes all requirements under A.R.S. § 41-1092 et seq.

G. F. Upon receipt of a notice of a summary suspension or final administrative decision suspending or revoking a permit or authorization, the permit holder shall not unlawfully carry a concealed weapon and shall return the permit to the Department within five business days.

~~1. The permit holder shall not unlawfully carry a concealed weapon and shall return the permit to the Department within five working days;~~

2. The firearms-safety instructor shall immediately stop conducting firearms-safety training, and a firearms-safety training organization shall ensure that a suspended or revoked firearms-safety instructor teaching for the organization immediately stops conducting firearms-safety training for applicants for Concealed Weapons Permits; and

~~3. The firearms-safety training organization shall immediately stop sponsoring firearms-safety training for applicants for Concealed Weapons Permits.~~

H. G. The Department shall require that a permit be surrendered or seize a permit when required to do so under law.

History

Section R13-9-601 renumbered from R13-9-401 and amended by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R 4658, effective January 31, 2009 (Supp. 08-4). Amended by final expedited rulemaking at 27 A.A.R. 2499, effective 10/8/2021.

Ariz. Admin. Code § R13-9-602 Hearing Procedures

The Department shall conduct all hearings according to the procedures in A.R.S. Title 41, Chapter 6, Article 10 and the rules issued by the Office of Administrative Hearings.

History

New Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1).

Ariz. Admin. Code § R13-9-603 Rehearing or Review of Decision

A. The Department shall provided provide for a rehearing and review of its decisions under A.R.S. Title 41, Chapter 6, Article 10 and the rules issued by the Office of Administrative Hearings.

B. Within 30 days after the Department enters a final administrative decision, the affected individual may, but is not required to, file a motion for rehearing or review of the decision.

C. A party may amend a motion for rehearing or review at any time before the Department rules on the motion.

D. The Department may grant a rehearing or review for any of the following reasons materially affecting a party's rights:

1. Irregularity in the proceedings of the Department or any order or abuse of discretion that deprived the moving party of a fair hearing;

2. Misconduct by the Department, its staff, or an administrative law judge;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered evidence that could not, with reasonable diligence, have been discovered and produced at the hearing;

5. Excessive penalty;

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings; or

7. The findings of fact or decision is not justified by the evidence or is contrary to law.

E. The Department may affirm or modify a decision or grant a rehearing or review to all or some of the parties on all or some of the issues for any of the reasons in subsection (D). An order modifying a decision or granting a rehearing or review shall specify with particularity the grounds for the order. If a rehearing or review is granted, the rehearing or review shall cover only the matters specified in the order.

F. Not later than 15 days after the date of a decision, and after giving the parties notice and an opportunity to be heard, the Department may, on its own initiative, order a rehearing or review of its decision for any reason it might have granted a rehearing or review on motion of a party. The Department may grant a motion for rehearing or review, timely served, for a reason not stated in the motion. An order granting a rehearing or review shall specify the grounds on which the rehearing or review is granted.

G. When a motion for rehearing or review is based upon affidavits, they shall be served with the motion. An opposing party may serve opposing affidavits within 15 days after service of the motion. This period may be extended by the Department for a maximum of 20 days for good cause as described in subsection (H) or upon written stipulation of the parties. Reply affidavits may be permitted.

H. The Department may extend all time limits listed in this Section upon a showing of good cause. A party demonstrates good cause by showing that the grounds for the party's motion or other action could not have been known in time, using reasonable diligence, and a ruling on the motion will:

Further administrative convenience, expedition, or economy; or

2. Avoid undue prejudice to any party.

I. If, in a particular decision, the Department makes a specific finding that the immediate effectiveness of the decision is necessary for preservation of the public health, safety, or welfare, the decision may be issued as a final decision without an opportunity for rehearing or review. If an application for judicial review of the decision is made, it shall be made under A.R.S. § 12-901 et seq.

History

Section R13-9-603 renumbered from R13-9-402 . Section repealed; new Section made by final rulemaking at 13 A.A.R. 550, effective April 7, 2007 (Supp. 07-1). Amended by final expedited rulemaking at 27 A.A.R. 2499, effective 10/8/2021.

Chapter 10 Department of Public Safety Alcohol Testing

Article 1 DETERMINATION OF ALCOHOL CONCENTRATION

Ariz. Admin. Code § R13-10-101 Definitions

In this Article, unless the context otherwise requires:

1. "Alcohol concentration" or "AC" means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

"Analyst" means an individual who has been issued an analyst permit by the Department to use approved methods to make alcohol concentration determinations from blood or other bodily substances.

3. "Analyst permit" means a document issued by the Department indicating the permit holder has been found qualified to utilize an approved method in the determination of alcohol concentrations.

4. "Analytical procedure" means a series of operations utilized by an analyst when employing an approved method in the determination of alcohol concentration.

5. "Calibration Check" means an operation utilizing a standard alcohol concentration solution to determine whether a device is accurately measuring alcohol concentrations that is performed as a Standard Calibration Check Procedure by a Quality Assurance Specialist at least every 31 days or performed as Concurrent Calibration Check Procedures by an Operator within a successfully completed test sequence bracketing a duplicate breath test.

6. "Concurrent Calibration Check Procedure" means an operation performed by an Operator, utilizing a standard alcohol concentration solution, within a successfully completed test sequence to determine whether a device is accurately measuring alcohol concentration during a duplicate breath test.

7. "Concurrent Quality Assurance Procedure" means operations performed by an Operator, including a Concurrent Calibration Check Procedure and diagnostic checks, within a successfully completed test sequence to determine whether a device is accurately and properly measuring alcohol concentration during a duplicate breath test.

8. "Deprivation period" means at least a 15-minute period immediately prior to a duplicate breath test during which period the subject has not ingested any alcoholic beverages or other fluids, eaten, vomited, smoked or placed any foreign object in the mouth.

9. "Determination" means an analysis of a specimen of blood, breath, or other bodily substance and expressing the results of the analysis in terms of alcohol concentration.

10. "Device" means a breath testing instrument.

11. "Duplicate breath test" means two consecutive breath tests that immediately follow a deprivation period, agree within 0.020 AC of each other, and are conducted at least five and no more than 10 minutes apart.

12. "Instructor" means a person approved by the Department to provide breath test training to prospective Operators and Quality Assurance Specialists on a specific approved device.

13. "Method" means an analytical technique utilized by an analyst or a device to make an alcohol concentration determination (e.g. gas chromatography, infrared spectrophotometry, or specific fuel cell detection.)

"Operator" means a person who has been issued an Operator permit from the Department to operate a specific approved device for the purpose of determining an alcohol concentration from a specimen of breath and to perform the Concurrent Quality Assurance Procedures, Concurrent Calibration Check Procedures, and diagnostic checks to determine whether a device is operating accurately and properly.

"Operator Permit" means a document issued by the Department indicating that the permit holder has been found qualified to operate and perform the associated Quality Assurance Procedures on a specific approved device.

16. "Periodic Maintenance" means a Quality Assurance Procedure consisting of either of the following, which determines whether a device is operating accurately and properly:

a. Standard Calibration Check Procedure and Standard Quality Assurance Procedure (these checks and procedures may be performed concurrently), or

b. Concurrent Calibration Check Procedures and Concurrent Quality Assurance Procedures performed within a successfully completed test sequence bracketing a duplicate breath test.

17. "Preliminary breath test" means a pre-arrest breath test.

"Preliminary breath tester" or "PBT" means any approved device used prior to an arrest for the purpose of obtaining a determination of alcohol concentration from a specimen of breath and includes any device included on the National Highway Traffic Safety Administration's Conforming Products List of Evidential Breath Measurement Devices as incorporated by reference in R13-10-103(F).

19. "Procedure" means a series of operations used by an Operator or a Quality Assurance Specialist when employing an approved device in the determination of alcohol concentration or performing associated quality assurance testing.

20. "Quality Assurance Procedure" means Periodic Maintenance consisting of either of the following, which determines whether a device is operating accurately and properly:

a. Standard Calibration Check Procedure and Standard Quality Assurance Procedure (these checks and procedures may be performed concurrently), or

b. Concurrent Calibration Check Procedures and Concurrent Quality Assurance Procedures performed within a successfully completed test sequence bracketing a duplicate breath test.

21. "Quality Assurance Specialist" means a person who has been issued a Quality Assurance Specialist permit from the Department to perform the Standard Calibration Check Procedure and the Standard Quality Assurance Procedure to determine the accurate and proper operation of a specific approved device.

"Quality Assurance Specialist permit" means a document issued by the Department indicating that the permit holder has been found qualified to perform the Standard Calibration Check Procedure and the Standard Quality Assurance Procedure on a specific approved device.

23. "Standard Calibration Check Procedure" means operations performed by a Quality Assurance Specialist, at least every 31 days, to determine whether a device is accurately measuring alcohol concentration.

24. "Standard Operational Procedure" means operations performed by an Operator for the purpose of determining an alcohol concentration from a specimen of breath.

25. "Standard Quality Assurance Procedure" means operations performed by a Quality Assurance Specialist, at least every 90 days.

History

New Section made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Amended by final rulemaking at 26 A.A.R. 723, effective 6/1/2020.

Ariz. Admin. Code § R13-10-102 Analyst Methods; Approval of Additional Methods

A. An analyst shall use one of the following methods to analyze blood or other bodily substances to determine a person's alcohol concentration:

1. Gas chromatography, or

2. Another method that has been approved by the Director under the procedure in subsections (B) and (C).

B. An applicant for an analyst permit may submit, with the permit application, a request that the Director approve a method other than a method approved under subsection (A)(1) or (2).

C. For a method to be approved by the Director, the method's accuracy and reproducibility shall comply with the following standards:

1. The test results of samples with a standard alcohol concentration shall agree with the established value within the limits of ± 0.01 grams per 100 milliliters of blood or ±10 percent, whichever is greater.

2. The accuracy and precision shall be determined on the basis of ten measurements at four alcohol concentrations between 0.020 and 0.350 grams per 100 milliliters of blood, to include at least one value < 0.100 and one value > 0.250.

History

New Section made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-10-103 Breath-testing Devices

A. The Director may approve devices used to determine alcohol concentration from breath after the Department successfully tests a typical model of the device for compliance with the standards in subsection (B).

B. A device shall meet the following standards of performance:

1. Breath specimens tested shall be alveolar in composition.

2. The device shall be capable of analysis of a solution of known alcohol concentration with an accuracy limit of a systematic error of no more than ± 0.005 grams per 210 liters of breath or ± 5 percent, whichever is greater, and a precision limit of an average standard deviation of no more than 0.0042 grams per 210 liters of breath. The accuracy and precision of the device being evaluated shall be determined on the basis of 10 consecutive measurements at 4 alcohol vapor concentrations that are between 0.020 and 0.350 grams per 210 liters of breath, to include at least one value < 0.100 and one value > 0.250.

3. The device shall be capable of testing a breath sample that results in alcohol concentrations of less than 0.01 grams per 210 liters of breath when alcohol-free subjects are tested.

C. The Department, upon specific findings that a device, method, or breath test procedure is inaccurate, unreliable, or is an unacceptable test for determining alcohol concentration or that its use has been discontinued in the state, shall disapprove in writing further use of the device, method, or procedure.

D. The methods approved by the Director for use by a device to determine alcohol concentration are infrared spectrophotometry and specific fuel cell detection.

E. The following devices are approved by the Director:

| Device/Model | Manufacturer | | --- | --- | | Intoxilyzer Model 5000 with or without Vapor Recirculation and with or without Keyboard | CMI, Inc. | | Intoxilyzer Model 5000EN | CMI, Inc. | | Intoxilyzer Model 8000 | CMI, Inc. | | Intoxilyzer Model 9000 | CMI, Inc. | | RBT AZ (Alco Sensor AZ/RBT AZ) | Intoximeter, Inc. |

F. Products included on the National Highway Traffic Safety Administration's Conforming Products List of Evidential Breath Measurement Devices set forth in 82 FR 50940-50944 (November 2, 2017) are approved by the Director as preliminary breath testers to determine alcohol concentration. This document is incorporated by reference and does not include any later amendments or editions. A copy of this document is available from the Department and may be obtained from the National Highway Traffic Safety Administration's web site (www.nhtsa.gov) or by contacting the U.S. Government Printing Office, 732 North Capitol Street NW, Washington, DC 20401.

G. Devices listed in subsection (E) may be used to administer preliminary breath tests.

H. Except when a device is used as a PBT or for other non-evidential testing purposes, an Operator permit and Standard Operational Procedure are required for the operation of devices listed in subsection (E).

I. In addition to the devices approved in subsection (E), the Director may approve, in writing, a device and related Standard Operational and Quality Assurance Procedures after the device has been successfully tested for compliance with the standards in subsection (B) for use prior to and pending the device being added to subsection (E). The approval shall expire three years after its effective date unless subsection (E) is amended to include the approved device.

J. In addition to devices approved as preliminary breath testers in subsection (F), the Director may approve in writing as a PBT a new device placed on subsequent National Highway Traffic Safety Administration's Conforming Products Lists of Evidential Breath Measurement Devices for use pending the new Conforming Products List being added to subsection (F).

History

New Section made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Amended by final rulemaking at 26 A.A.R. 723, effective 6/1/2020.

Ariz. Admin. Code § R13-10-104 Testing Procedures

A. Law enforcement agencies or individuals acting independently of law enforcement agencies who conduct alcohol concentration determinations by means of devices shall utilize a quality assurance program that is conducted by Quality Assurance Specialists or Operators and generate records of periodic maintenance. This quality assurance program shall include:

1. Criteria for ensuring the accurate and proper operation of devices by the regular performance of Calibration Checks and Quality Assurance Procedures as referenced in subsections (A)(2) and (A)(3);

2. Calibration Checks of devices that are performed within 31 days of each other as Standard Calibration Check Procedures or during a test sequence bracketing a duplicate breath test as Concurrent Calibration Check Procedures and recorded according to the requirements of the appropriate Quality Assurance Procedures set forth in Exhibits G-2, G-3, G-6, H-2 and I-2 or as approved by the Director according to R13-10-103(I) . These checks shall indicate that the device is capable of determining the value of a standard alcohol concentration solution with an accuracy limit of ± 0.01 grams per 210 liters of breath or ± 10 percent, whichever is greater;

3. Quality Assurance Procedure checks of devices that are performed within 90 days of each other as Standard Quality Assurance Procedures or during a test sequence bracketing a duplicate breath test as Concurrent Quality Assurance Procedures, and recorded according to the requirements of the appropriate Quality Assurance Procedures set forth in Exhibits G-4, G-5, G-6, H-3, H-4 and I-2 or as approved by the Director according to R13-10-103(I) . These checks shall indicate that the device is capable of proper operation and is functioning as required by the Quality Assurance Procedures for the device;

4. Standard alcohol concentration solutions, either liquid or gas, that are National Institute of Standards and Technology (NIST) traceable; and

5. Records of Calibration Checks, Quality Assurance Procedures and maintenance or repairs for each device in use.

B. An Operator shall utilize the Standard Operational Procedure approved by the Department for the device being operated in performing tests for the determination of alcohol concentration, as contained in Exhibits G-1, G-6, H-1 and I-1 or as approved by the Director according to R13-10-103(I).

C. Duplicate breath tests shall be administered at intervals of not less than five minutes nor more than 10 minutes. The results of both tests shall be within 0.020 alcohol concentration of each other. If the second test is not within 0.020 alcohol concentration of the first test, additional tests shall be administered until the results of two consecutive tests are within 0.020 alcohol concentration.

History

New Section made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Amended by final rulemaking at 26 A.A.R. 723, effective 6/1/2020.

Ariz. Admin. Code § R13-10-105 Permits and Certificates

A. The Department shall issue Analyst permits to qualified applicants, in accordance with R13-10-106(A), who have satisfactorily demonstrated through proficiency testing as specified in R13-10-108(A) their proficiency in conducting an alcohol concentration determination by one or more of the methods listed in R13-10-102 . The Analyst permit shall:

1. State the method of alcohol concentration determination the permit holder is approved to utilize and the type of specimen the permit holder is approved to analyze (blood or other bodily substances); and

2. Be valid for one year.

B. An Analyst shall employ, in testing for alcohol concentration in matters arising under A.R.S. Title 28, Chapter 4, Article 3, the same analytical procedures as those employed by the analyst for proficiency testing.

C. The Department shall issue two categories of device permits.

1. Operator permits shall be issued to applicants who qualify under R13-10-106(B) or (E) . This permit authorizes operation and performance of associated Quality Assurance Procedures, including Concurrent Calibration Check Procedures and Concurrent Quality Assurance Procedures, performed within a successfully completed test sequence bracketing a duplicate breath test on the device specified on the permit. Operator permits issued after the initial effective date of this Section shall be valid for five years from the date of issue. Permits issued to Operators before the initial effective date of this Section shall remain in effect and be valid for five years after the initial effective date of this Section.

2. Quality Assurance Specialist permits shall be issued to applicants who hold a valid Operator permit and who qualify as a Quality Assurance Specialist under R13-10-106(C) or (E) . This Quality Assurance Specialist permit authorizes the holder to perform Quality Assurance Procedures, including Standard Calibration Check Procedures and Standard Quality Assurance Procedures, on the device specified on the permit. Quality Assurance Specialist permits issued after the initial effective date of this Section shall be valid for five years from the date of issue. Permits issued to Quality Assurance Specialists before the initial effective date of this Section shall remain in effect and be valid for five years after the initial effective date of this Section.

3. Operator and Quality Assurance Specialist permits may be renewed by application as required by R13-10-107 and successful completion of a recertification course approved by the Department.

4. The Department shall issue duplicate (replacement) permits upon request and upon verification of the qualifications set forth in R13-10-106.

D. Law enforcement agencies shall supply the Department, upon request, with a list of current Operator and Quality Assurance Specialist permit holders and shall update the list as required by the Department, but no more frequently than annually.

E. The Department shall issue Instructor certificates to qualified applicants who hold valid Operator and Quality Assurance Specialist permits and who qualify as an Instructor under R13-10-106(D) or (E) . The Instructor certificate authorizes the holder to provide breath test training to prospective Operators and Quality Assurance Specialists on a specific approved device. Instructor certificates issued after the initial effective date of this Section shall be valid for five years from the date of issue. Instructor certificates issued before the initial effective date of this Section shall remain in effect and be valid for five years from the initial effective date of this Section. Instructor certificates may be renewed by application as required by R13-10-107 and successful completion of a recertification examination approved by the Department.

History

New Section made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-10-106 Qualifications

A. To qualify for an Analyst permit, a person shall hold a degree from a college or university accredited by a regional accrediting body recognized by the United States Department of Education and have earned 15 or more semester credits, or the equivalent, of chemistry, including three or more credits of organic chemistry.

B. To qualify for an Operator permit, a person shall:

1. Be employed by a law enforcement agency or laboratory that has access to a device for the person's use as set forth in R13-10-103 ; and

2. Complete a course in the determination of alcohol concentration approved by the Department with a score of 80 percent or better. The Department shall approve courses taught by an Instructor if they contain the following:

a. Instruction on the effects of alcohol on the human body;

b. Instruction on and demonstration of the operational principles of the selected device, which shall include a functional description and detailed operational description of the method;

c. Instruction on the legal aspects of breath tests in general and on the particular method to be employed;

d. Concurrent Calibration Check Procedures (when applicable to the device) approved by the Department;

e. Concurrent Quality Assurance Procedures (when applicable to the device) approved by the Department;

f. Applicant participation with the appropriate device utilizing reference standards, testing of subjects, or other methods that will indicate the actual response of the device; and

g. Written and practical examination of the applicant for the purpose of determining the person's understanding of the course material and proficiency in operating the device.

C. To qualify for a Quality Assurance Specialist permit, a person shall possess a valid Operator permit to operate the approved device and complete a course of training approved by the Department with a score of 80 percent or better. The Department shall approve courses taught by an Instructor if they contain the following:

1. Review of the theory of breath testing and the operation of the particular testing device;

2. Standard Calibration Check Procedures approved by the Department;

Standard Quality Assurance Procedures approved by the Department;

4. Applicant participation with the appropriate device utilizing reference standards, testing of subjects, or other methods that will indicate the actual response of the device; and

5. Written and practical examination of the applicant for the purpose of determining the person's understanding of the course material and proficiency in operating the device.

D. To qualify as an Instructor, a person shall hold valid Operator and Quality Assurance Specialist permits on the device for which instruction is given. In addition, except as provided in subsection (E), all applicants shall complete a comprehensive instructor examination approved and administered by the Department with a score of 90 percent or better. The Department shall approve instructor examinations that include the following:

1. The theory of breath testing and the operation of the specific device, and

2. Procedures for testing instrument accuracy and proper operation in accordance with Calibration Checks and Quality Assurance Procedures approved by the Department.

E. If a device is newly approved and no Operator and Quality Assurance Specialist permits have been issued for the device, a person may qualify to be an Operator, Quality Assurance Specialist, and Instructor for the specific device by completing a Department-administered, manufacturer-endorsed, instructor training course and a comprehensive examination with a score of 90 percent or better. The Instructor training course shall include the following:

1. Review of the theory of breath testing,

Instruction on the operation of the device, and

3. Procedures for testing instrument accuracy and proper operation in accordance with Calibration Checks and Quality Assurance Procedures approved by the Department.

History

New Section made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-10-107 Application Processes

A. An applicant for an initial Analyst permit or the renewal of an existing Analyst permit shall complete the form shown as Exhibit A and submit it to the Department.

B. An applicant for an initial Operator permit or the renewal of an existing Operator permit shall complete the form shown as Exhibit B and submitted to the Department.

C. An applicant for an initial Quality Assurance Specialist permit or the renewal of an existing Quality Assurance Specialist permit shall complete the form shown as Exhibit C and submitted to the Department.

D. An applicant for an initial Instructor approval or the renewal of an existing Instructor approval shall complete the form shown as Exhibit D and submitted to the Department.

History

New Section made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2). Amended by final rulemaking at 26 A.A.R. 723, effective 6/1/2020.

Ariz. Admin. Code § R13-10-108 Examination and Quality Assurance Requirements for Analysts

A. The Department shall require an Analyst permit applicant to successfully demonstrate the applicant's proficiency in making alcohol concentration determinations from test specimens in accordance with subsection (B). The applicant shall be examined only on the methods that relate to the type of determination for which the applicant desires a permit.

B. An applicant shall, before receiving an initial Analyst permit or renewal of an existing Analyst permit, participate in and successfully complete proficiency testing administered by the Department. An applicant shall successfully analyze samples by testing at least three suitable reference standards or control samples with a known alcohol concentration in the range of 0.00 to 0.40 grams per 100 milliliters of blood and having the results agree with the established value within the limits of ± 0.01 grams per 100 milliliters of blood or ±10 percent, whichever is greater. Proficiency testing shall be administered by the Department as follows:

An applicant shall correctly analyze all proficiency samples in the set provided by the Department.

2. When returning the results of analyses to the Department, the applicant shall attach an affidavit attesting that the applicant analyzed the proficiency samples without help or input from any other person.

3. An applicant failing to correctly analyze all proficiency samples in the set will be provided an opportunity to successfully analyze a second set of samples.

4. The Department shall deny the application of an applicant who declines or fails to correctly analyze the second set of proficiency samples and shall not issue a permit.

5. An applicant who fails to successfully analyze the second set of proficiency samples and whose application is denied may reapply for an analyst's permit beginning 90 days from the date of denial.

C. An analyst who conducts alcohol concentration determinations shall implement and maintain a quality assurance program. This program shall be designed to ensure the validity of test results by providing for:

Chain of custody,

2. Quality control,

3. Analytical procedures,

4. Documentation of test results, and

5. Participation in proficiency testing.

History

New Section made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Ariz. Admin. Code § R13-10-109 Revocation or Suspension of Permits; Appeals

A. The Department may suspend or revoke a permit for any of the following reasons:

1. A false statement on the permit holder's application,

2. The neglect or refusal to examine and report the results of sample specimens given the Analyst permit holder for proficiency testing purposes,

The failure of an Analyst to maintain quality control over equipment or reagents necessary for accuracy in reporting,

4. Failure to obtain results on proficiency test samples as indicated in R13-10-108(B) ,

5. Failure to operate a device according to approved procedures or the failure to analyze blood or other bodily substances according to approved methods, or

6. The failure by a permit holder to maintain documentation required by this Article or to make it available to Departmental representatives for inspection for purposes of administering this Article.

B. When a permit has been suspended or revoked in one or more of the approved methods or devices and there remain one or more methods or devices for which the permittee is approved that are not affected by the revocation or suspension, the permit holder shall return the suspended or revoked permit to the Department. The Department shall issue a replacement permit that shows only those approved methods or devices unaffected by the event leading to the suspension or revocation.

C. The provisions of A.R.S. Title 41, Chapter 6, Article 10 are applicable to denials, revocations, suspensions and administrative appeals.

History

New Section made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).

Chapter 11 Board of Fingerprinting

Article 1 BOARD OF FINGERPRINTING

Ariz. Admin. Code § R13-11-101 Expired

History

New Section adopted by exempt rulemaking at 5 A.A.R. 3087, effective August 19, 1999 (Supp. 99-3). Amended by exempt rulemaking at 9 A.A.R. 3744, effective August 1, 2003 (Supp. 03-3). Amended by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Amended by exempt rulemaking at 13 A.A.R. 3435, effective September 19, 2007 (Supp. 07-3). Amended by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3). Section expired under A.R.S. § 41- 1056(J) at 21 A.A.R. 465, effective November 28, 2014 (Supp. 15-1).

Ariz. Admin. Code § R13-11-102 Definitions

The definitions at A.R.S. § 41-619.51 apply to this Article. Additionally, in this Article, the following definitions apply, unless the context otherwise requires:

1. "Applicant" means a person who applies for a:

a. Good cause exception under A.R.S. § 41-619.55 and who is qualified for a good cause exception under A.R.S. §§ 41-1758.03(C) or (L), 41-1758.04(D), or 41-1758.07(C) or (L); or

b. Central registry exception under A.R.S. § 41-619.57 and who is qualified for a central registry exception under A.R.S. § 8-804(J).

2. ~~"Board" means the Board of Fingerprinting.~~

3. "Central registry exception" means notification to the Department of Economic Security or the Department of Health Services, as appropriate, pursuant to A.R.S. § 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to A.R.S. § 8-804 .

4. 2. "Central registry exception application" means all the documents required by A.A.C. R13-11-104(B).

5. 3. "CPS" means Child Protective Services.

6. 4. "DES" means the Department of Economic Security.

7. 5. "DES notice" means the notice of disqualification because of a central registry background check that the Department of Economic Security sends to an applicant under A.R.S. § 8-804(H).

8. 6. "DPS" means the Department of Public Safety.

9. 7. "DPS notice" means the notice of denial or suspension of a fingerprint clearance card that DPS sends to a fingerprint clearance card applicant under A.R.S. § 41-1758.04.

~~10.~~ 8. "Expedited review" means an examination by the Board, without the applicant being present and in accordance with R13-11-105, of the documents an applicant submits.

~~11.~~ 9. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant under A.R.S. § 41-619.55.

~~12.~~ 10. "Good cause exception application" means all of the documents required by A.A.C. R13-11-104(A).

~~13.~~ 11. "Hearing officer" means an administrative law judge or other person appointed by the Board to determine good cause exceptions or central registry exceptions.

History

New Section adopted by exempt rulemaking at 5 A.A.R. 3087, effective August 19, 1999 (Supp. 99-3). Former Section R13-11-102 renumbered to R13-11-103 ; new Section R13-11-102 made by exempt rulemaking at 9 A.A.R. 3744, effective August 1, 2003 (Supp. 03-3). Amended by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Amended by exempt rulemaking at 13 A.A.R. 3435, effective September 19, 2007 (Supp. 07-3). Amended by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3). Amended by exempt rulemaking at 18 A.A.R. 2564, effective September 25, 2012 (Supp. 12-3). Amended by final exempt rulemaking at 26 A.A.R. 2091, effective 9/30/2020.

Ariz. Admin. Code § R13-11-103 [REPEALED]

History

New Section adopted by exempt rulemaking at 5 A.A.R. 3087, effective August 19, 1999 (Supp. 99-3). Former Section R13-11-103 renumbered to R13-11-104 ; new Section R13-11-103 renumbered from R13-11-102 by exempt rulemaking at 9 A.A.R. 3744, effective August 1, 2003 (Supp. 03-3). Amended by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Amended by exempt rulemaking at 13 A.A.R. 3435, effective September 19, 2007 (Supp. 07-3). Repealed by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3).

Ariz. Admin. Code § R13-11-104 Application Requirements

A. Good cause exception application. To apply for a good cause exception, an applicant shall submit the following materials to the Board within one year from the date of the denial or suspension letter from DPS:

1. The good cause exception application form, which is available on the Board's website. The applicant shall have the completed form notarized before submitting the form.

2. A copy of the denial or suspension letter from DPS.

2. 3. Two letters of reference, using the form available on the Board's website, which meet the following requirements:

a. Both letters of reference are from individuals who have known the applicant for at least one year; and

b. At least one letter of reference is from the applicant's current or former employer or from an individual who has known the applicant for at least three years.

3. 4. If the DPS notice indicates that DPS could not determine the disposition of a charge, documents from the appropriate court showing the disposition of the charge or showing that records pertaining to the applicant either do not exist or have been purged.

4. 5. For any charge that occurred no more than five years before the date on the DPS notice, regardless of whether the charge is listed on the DPS notice, the police report for each charge and documents from the appropriate court showing the disposition of the charge.

5. 6. For any criminal conviction, regardless of whether the offense is listed on the DPS notice, documents from the appropriate court showing either the applicant has met all judicially imposed obligations or sentencing conditions or records pertaining to the applicant do not exist or have been purged. If the applicant has not met all judicially imposed obligations or sentencing conditions, the applicant shall provide a written statement indicating or documents from the appropriate court showing the status of the applicant's efforts toward meeting the obligations.

6. 7. A statement written by the applicant that explains each charge, regardless of whether the charge is listed on the DPS notice.

B. Central registry exception application. To apply for a central registry exception, an applicant shall submit the following materials to the Board:

1. The central registry exception application form, which is available on the Board's website. The applicant shall have the completed form notarized before submitting the form.

2. A copy of the denial letter from DCS or DPS.

2. 3. Two letters of reference, using the form available on the Board's website, which meet the following requirements:

a. Both letters of reference are from individuals who have known the applicant for at least one year; and

b. At least one letter of reference is from the applicant's current or former employer or from an individual who has known the applicant for at least three years.

3. 4. If the applicant has had any criminal charges:

a. Documents from the appropriate court showing either the disposition of the criminal charges or that records pertaining to the applicant do not exist or have been purged;

b. For any charge that occurred no more than five years before the date on the DES notice, the police report for the charge and documents from the appropriate court showing the disposition of the charge;

c. For any criminal conviction, documents from the appropriate court showing either the applicant has met all judicially imposed obligations or sentencing conditions or records pertaining to the applicant do not exist or have been purged. If the applicant has not met all judicially imposed obligations or sentencing conditions, the applicant shall provide a written statement indicating or documents from the appropriate court showing the status of the applicant's efforts toward meeting the obligations; and

d. A statement written by the applicant that explains each criminal charge.

4. 5. A statement written by the applicant that explains each incident that led to a substantiated allegation of child abuse or neglect.

5. 6. If CPS assigned a case plan to the applicant, the current CPS case plan or documentation from CPS showing that the case plan is unavailable.

C. After receiving the application form required under subsection (A) or (B), the Board shall conduct an investigation that includes obtaining the applicant's full criminal history record from DPS and, if applicable, the redacted CPS report and other investigative information available from DES.

C. D. The Board or its hearing officer may accept any other documents an applicant submits, as allowed by A.R.S. § 41-1062.

History

New Section adopted by exempt rulemaking at 5 A.A.R. 3087, effective August 19, 1999 (Supp. 99-3). Former Section R13-11-104 renumbered to R13-11-105 ; new Section R13-11-104 renumbered from R13-11-103 by exempt rulemaking at 9 A.A.R. 3744, effective August 1, 2003 (Supp. 03-3). Former Section R13-11-104 renumbered to R13-11-109 ; new Section R13-11-104 made by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Amended by exempt rulemaking at 13 A.A.R. 3435, effective September 19, 2007 (Supp. 07-3). Amended by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3). Amended by final exempt rulemaking at 26 A.A.R. 2091, effective 9/30/2020.

Ariz. Admin. Code § R13-11-105 Expedited Review

A. Within 20 days after receiving an application, the Board shall conduct an expedited review. When determining whether the applicant should receive a good cause exception or central registry exception under an expedited review, the Board shall consider the following:

1. The criteria listed in A.R.S. § 41-619.55(E) for a good cause exception application or A.R.S. § 41-619.57(E) for a central registry exception application; and

2. Whether the documentation submitted in support of a good cause exception application or central registry exception application is sufficient to allow the Board to grant a good cause exception or central registry exception, or whether the Board requires further documentation or oral testimony.

B. If the Board determines under an expedited review that the applicant is eligible for a good cause exception or central registry exception, the Board shall grant the applicant a good cause or central registry exception.

C. If the Board determines under an expedited review that the applicant is not eligible for a good cause exception or central registry exception, the Board shall direct the Board's executive director to schedule a hearing. The Board's executive director shall give the applicant reasonable notice of the hearing in accordance with A.R.S. § 41-1061. The hearing shall take place within 45 days after the expedited review.

History

New Section adopted by exempt rulemaking at 5 A.A.R. 3087, effective August 19, 1999 (Supp. 99-3). Former Section R13-11-105 renumbered to R13-11-106 ; new Section R13-11-105 renumbered from R13-11-104 by exempt rulemaking at 9 A.A.R. 3744, effective August 1, 2003 (Supp. 03-3). Section repealed; new Section made by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Amended by exempt rulemaking at 13 A.A.R. 3435, effective September 19, 2007 (Supp. 07-3). Amended by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3). Amended by final exempt rulemaking at 26 A.A.R. 2091, effective 9/30/2020.

Ariz. Admin. Code § R13-11-106 Hearing Matters

A. Request to vacate or reschedule a hearing. To request that the Board or its hearing officer vacate or reschedule a hearing, an applicant shall submit a written request to the Board before the date of the scheduled hearing.

B. 1. The Board or its hearing officer shall give the applicant written notice of whether the request to vacate or reschedule the hearing is vacated or rescheduled granted or denied. If the hearing is rescheduled, the Board or its hearing officer shall include in the notice the date of the rescheduled hearing.

C. 2. Vacating a hearing. The Board or its hearing officer may vacate a hearing if:

1. a. The applicant no longer requires a good cause exception or central registry exception;

2. b. The applicant withdraws the application by submitting a written notice to the Board; or

3. c. Facts demonstrate to the Board or its hearing officer that it is appropriate to vacate the hearing for the purpose of administrative convenience, expediency, or economy and the action does not conflict with law or cause undue prejudice to any party.

D. 3. Rescheduling a hearing. The Board or its hearing officer may reschedule a hearing if:

1. a. The applicant shows that attending the calendared hearing would cause excessive or undue prejudice or hardship.;

2. b. The applicant shows that attending the calendared hearing would be impossible, using the effort expected from a reasonable person under the circumstances; or

3. c. Facts demonstrate to the Board or its hearing officer that it is appropriate to reschedule the hearing for the purpose of administrative convenience, expediency, or economy and the action does not conflict with law or cause undue prejudice to any party.

E. B. Continuing a hearing. The Board or its hearing officer shall consider the following factors when ruling on a motion to continue a hearing:

1. The reasons for continuing the hearing; and

2. Whether the continuance will cause undue prejudice to any party.

F. C. Reconvening a hearing. The Board or its hearing officer may recess a hearing and reconvene at a future date by a verbal ruling.

D. Testimony by telephone or electronic means. An applicant who wishes to submit or have a witness submit testimony at a hearing by telephone or electronic means shall submit a written request to the Board before the time of the scheduled hearing. The Board or its hearing officer may allow the applicant or the applicant's witness to submit testimony by telephone or electronic means at the hearing if:

1. Personal attendance by the applicant or the applicant's witness at the hearing will present an undue hardship for the applicant or the applicant's witness;

2. Testimony by telephone or electronic means will not cause undue prejudice to any party; and

3. The applicant or the applicant's witness assumes the cost of testifying by telephone or electronic means.

E. Failure to appear. Absent good cause, if an applicant fails to appear at a scheduled hearing, the Board may deny a good cause exception or central registry exception to the applicant. The Board, using its discretion, shall determine whether good cause exists.

1. An applicant demonstrates good cause by showing that the applicant:

a. Could not have been present at the hearing using the effort expected from a reasonable person under the circumstances, or

b. Requested that the hearing be rescheduled under R13-11-106.

2. The Board shall not accept the applicant's failure to inform the Board of a change in address as grounds for good cause.

F. Board decision. The Board shall grant or deny a good cause exception or central registry exception within 80 days after the hearing.

History

New Section R13-11-106 renumbered from R13-11-105 by exempt rulemaking at 9 A.A.R. 3744, effective August 1, 2003 (Supp. 03-3). Former Section R13-11-106 renumbered to R13-11-110 ; new Section R13-11-106 made by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Amended by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3). Amended by final exempt rulemaking at 26 A.A.R. 2091, effective 9/30/2020.

Ariz. Admin. Code § R13-11-107 [Repealed]

History

New Section made by exempt rulemaking at 9 A.A.R. 3744, effective August 1, 2003 (Supp. 03-3). Former Section R13-11-107 renumbered to R13-11-111 ; new Section R13-11-107 made by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Amended by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3). Repealed by final exempt rulemaking at 26 A.A.R. 2091, effective 9/30/2020.

Ariz. Admin. Code § R13-11-108 [Repealed]

History

New Section made by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Amended by exempt rulemaking at 13 A.A.R. 3435, effective September 19, 2007 (Supp. 07-3). Amended by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3). Repealed by final exempt rulemaking at 26 A.A.R. 2091, effective 9/30/2020.

Ariz. Admin. Code § R13-11-109 Ex Parte Communications

A. In any good cause exception or central registry exception case, except to the extent required for disposition of ex parte matters as authorized by law:

1. An interested person outside the Board shall not make or knowingly cause to be made to any Board member, hearing officer, or other employee or consultant who may reasonably be expected to be involved in the decisional process of the proceeding, an ex parte communication relevant to the merits of the proceeding; and

2. A Board member, hearing officer, or other employee or consultant who is or may be reasonably expected to be involved in the decisional process of the proceeding, shall not make or knowingly cause to be made to any interested person outside the Board an ex parte communication relevant to the merits of the determination.

B. A Board member, hearing officer, or other employee or consultant who is or may be reasonably expected to be involved in the decisional process of the proceeding, who receives, makes, or knowingly causes to be made a communication prohibited under subsection (A), shall place on the record of the proceeding and serve on all parties to the proceeding:

1. All prohibited written communications;

2. Memoranda stating the substance of all prohibited oral communications; and

3. All written responses, and memoranda stating the substance of all oral responses, to the communications described in subsections (B)(1) and (B)(2).

C. If the Board receives a communication made or knowingly caused to be made by a party in violation of this Section, the Board or its hearing officer may require the party to show cause why the party's claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected because of the violation.

D. The provisions of this Section apply beginning when an application for a good cause exception or central registry exception is filed.

E. For the purposes of this Section:

1. "Person outside the Board" means any person other than a Board member, employee or consultant of the Board, or attorney representing the Board in its adjudicatory role.

2. " Ex parte communication" means an oral or written communication not on the administrative record and not the subject of reasonable prior notice to all parties.

History

Section renumbered from R13-11-104 and amended by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Former R13-11-109 renumbered to R13-11-111 ; new R13-11-109 made by exempt rulemaking at 12 A.A.R. 4898, effective December 6, 2006 (Supp. 06-4). Amended by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3). Amended by exempt rulemaking at 18 A.A.R. 2564, effective September 25, 2012 (Supp. 12-3). Amended by final exempt rulemaking at 26 A.A.R. 2091, effective 9/30/2020.

Ariz. Admin. Code § R13-11-110 Rehearing or Review of Decision

A. An applicant may seek a review or rehearing of a Board decision that results from an administrative hearing by submitting a written request for a review or rehearing to the Board within 30 days after the date the decision is served. The Board shall grant a request for review or rehearing for any of the following reasons materially affecting the rights of the applicant:

1. The findings of fact, conclusions of law, or decision are not supported by the evidence or are contrary to law;

2. The applicant was deprived of a fair hearing due to irregularity in the proceedings, abuse of discretion, or misconduct by the hearing officer;

3. Newly discovered material evidence exists that could have a bearing on the decision and that could not have been discovered and produced earlier using the effort expected from a reasonable person under the circumstances; or

4. Error in admission or rejection of evidence or other errors of law occurring at the hearing.

B. The applicant shall specify in the request under subsection (A) the grounds for a review or rehearing and provide reasonable evidence that the applicant's rights were materially affected.

C. The Board or its hearing officer may take additional testimony; amend or make new findings of fact and conclusions of law; and affirm, modify, or reverse the original decision.

D. A rehearing or review, if granted, shall be a rehearing or review only of the issue upon which the decision is found erroneous. The Board shall specify in the order granting or denying a rehearing or review, the basis for the order.

History

Section renumbered from R13-11-106 and amended by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Former R13-11-110 renumbered to R13-11-112 ; new R13-11-110 made by exempt rulemaking at 12 A.A.R. 4898, effective December 6, 2006 (Supp. 06-4). Amended by exempt rulemaking at 13 A.A.R. 3435, effective September 19, 2007 (Supp. 07-3). Amended by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3). Amended by final exempt rulemaking at 26 A.A.R. 2091, effective 9/30/2020.

Ariz. Admin. Code § R13-11-111 [REPEALED]

History

Section renumbered from R13-11-107 by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Former R13-11-111 renumbered to R13-11-113 ; new R13-11-111 renumbered from R13-11-109 by exempt rulemaking at 12 A.A.R. 4898, effective December 6, 2006 (Supp. 06-4). Amended by exempt rulemaking at 13 A.A.R. 3435, effective September 19, 2007 (Supp. 07-3). Repealed by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3).

Ariz. Admin. Code § R13-11-112 [REPEALED]

History

Section R13-11-112 renumbered from R13-11-110 by exempt rulemaking at 12 A.A.R. 4898, effective December 6, 2006 (Supp. 06-4). Repealed by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3).

Ariz. Admin. Code § R13-11-113 Fee

A. When an individual applies to DPS for a fingerprint clearance card, the individual pays a fee to DPS that includes an amount for the fingerprint clearance card and, if necessary, a good cause or central registry exception determination.

B. The portion of the fee paid under subsection (A) that is for a good cause or central registry exception determination is $4.

History

Section R13-11-113 renumbered from R13-11-111 by exempt rulemaking at 12 A.A.R. 4898, effective December 6, 2006 (Supp. 06-4). Amended by exempt rulemaking at 18 A.A.R. 2564, effective September 25, 2012 (Supp. 12-3). Amended by final exempt rulemaking at 26 A.A.R. 2091, effective 9/30/2020.

Ariz. Admin. Code § R13-11-114 Interim Work Permit

A. Under A.R.S. § 41-619.55(I), the Board may grant an interim work permit to an applicant for a good cause exception if the applicant for a good cause exception:

1. Is required by newly effective legislation to obtain a fingerprint clearance card for the applicant's job;

2. Held the job at the time the new legislation went into effect; and

3. Was not previously required to have a fingerprint clearance card for the job.

B. The employer of an applicant who meets the standards under subsection (A) shall submit a letter of reference under R13-11-104(A)(3)(b) with the applicant's good cause exception application.

C. The Board shall not grant an interim work permit to an applicant who is precluded from receiving a fingerprint clearance card under A.R.S. § 41-1758.03(B) or 41-1758.07(B).

D. An interim work permit ceases to have effect when the Board makes a final decision on the applicant's good cause exception application.

History

Adopted by final exempt rulemaking at 26 A.A.R. 2091, effective 9/30/2020.

Chapter 12 Private Investigator and Security Guard Hearing Board

Article 1 PRIVATE INVESTIGATOR AND SECURITY GUARD HEARING BOARD

Ariz. Admin. Code § R13-12-101 Definitions

The following definitions apply to this Article:

"Applicant" means an individual who meets the prerequisites in R13-12-102.

"Board" means the Private Investigator and Security Guard Hearing Board.

"Department" means the Arizona Department of Public Safety.

"Department's notice" means a notice of denial issued by the Department under A.R.S. § 32-2640, 32-2641, or 32-2459.

History

New Section made by final rulemaking at 12 A.A.R. 2844, effective July 11, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-12-102 Expired

History

New Section made by final rulemaking at 12 A.A.R. 2844, effective July 11, 2006 (Supp. 06-3). Section expired under A.R.S. § 41-1056(J) at 27 A.A.R. 2534 (October 29, 2021), with an immediate effective date of October 5, 2021 (Supp. 21-4).

Ariz. Admin. Code § R13-12-103 Application for a Good-cause Exception

A. To apply for a good-cause exception, an applicant shall submit eight copies of the following materials to the Board within 60 days from the date on the Department's notice:

1. A good-cause exception application form, which is available from the Department, that includes the following information about the applicant:

a. Full legal name;

b. Any other names ever used;

c. Date of birth;

d. Mailing address;

e. Home and daytime telephone numbers;

f. List of all of applicant's felony arrests not listed on the Department's notice;

g. Detailed description of all of applicant's felony arrests including:

i. Circumstances leading to the arrest;

ii. Who else was involved in the event leading to the arrest;

iii. Where and when the event occurred;

iv. Mitigating circumstances, if any;

v. Disposition of the charge;

vi. Terms of sentencing, if any; and

vii. Whether the sentencing terms have been completed satisfactorily; and

h. Applicant's notarized signature certifying that the information provided is true and correct;

2. Two letters of reference, on a form prescribed by the Board, that attest to the applicant's rehabilitation and meet the following requirements:

a. Both letters of reference are from individuals who have known the applicant at least one year; and

b. At least one letter of reference is from the applicant's current or former employer or an individual who has known the applicant at least three years;

3. If the Department's notice indicates that the Department was unable to determine the disposition of a felony charge, a copy of documents from the appropriate court showing the disposition of the felony charge or showing that records regarding the felony charge against the applicant either do not exist or have been purged; and

4. For every felony conviction, regardless of whether the conviction is listed on the Department's notice, a copy of documents from the appropriate court showing that the applicant met all judicially imposed sentencing terms or that records regarding the applicant either do not exist or have been purged.

B. An applicant may submit other documents that the applicant wants the Board to consider in determining whether to grant a good-cause exception.

History

New Section made by final rulemaking at 12 A.A.R. 2844, effective July 11, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-12-104 Hearing on Good-cause Exception

A. The Board shall schedule a hearing regarding a good-cause exception for an applicant to occur within 60 days after receiving the materials described in R13-12-103.

B. The Board shall provide the applicant with at least 30 days notice of the date, time, and location of the hearing on the applicant's application for a good-cause exception.

C. The applicant may be represented at the hearing.

D. If the applicant plans to present written evidence at the hearing that was not included with the application, the applicant shall submit the written evidence to the Board through the Department at least five days before the hearing.

E. The Board shall conduct the hearing in an informal manner without adherence to the rules of evidence required in a judicial proceeding.

F. At the hearing, the applicant shall show to the Board's satisfaction that the applicant:

1. Has never been convicted of an offense listed in A.R.S. § 41-1758.03(B), and

2. Is not awaiting trial on an offense listed in A.R.S. § 41-1758.03(B).

G. At the hearing, the applicant has the burden of persuading the Board that the applicant should be granted a good-cause exception.

H. In deciding whether to grant a good-cause exception, the Board shall consider:

1. The extent of the applicant's criminal record;

2. The length of time that has elapsed since the most recent offense was committed;

3. The nature of the offense;

4. Evidence supporting any applicable mitigating circumstances;

Evidence supporting the degree to which the applicant participated in the offense; and

6. Evidence supporting the extent of the applicant's rehabilitation, including:

a. Completion of probation, parole, or community supervision;

b. Whether the applicant paid restitution or other compensation for the offense;

c. Evidence of positive action to change criminal behavior such as completing a drug-treatment program or counseling; and

d. Personal references attesting to the applicant's rehabilitation.

History

New Section made by final rulemaking at 12 A.A.R. 2844, effective July 11, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-12-105 Vacating, Rescheduling, or Continuing a Hearing

A. Vacating a hearing. If an applicant withdraws the applicant's application for a good-cause exception, the Board shall vacate the hearing regarding the application.

B. Rescheduling a hearing. The Board shall reschedule a hearing if the applicant submits a written request to the Board at least 48 hours before the scheduled hearing that demonstrates:

1. Attending the scheduled hearing is impossible using reasonable diligence or will cause undue hardship; and

2. Rescheduling the hearing will avoid prejudice.

C. Continuing a hearing. The Board shall continue a hearing if the continuance will serve administrative convenience, expedience, or economy and avoid prejudice.

History

New Section made by final rulemaking at 12 A.A.R. 2844, effective July 11, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-12-106 Telephonic Testimony

The Board shall allow an applicant or a witness for the applicant to provide telephonic testimony at the hearing on the applicant's application for a good-cause exception if:

1. The applicant submits a written request to the Board at least 48 hours before the scheduled hearing that demonstrates:

a. Personal appearance at the hearing by the applicant or applicant's witness will cause undue hardship, and

b. Telephonic presence will not cause prejudice, and

2. The applicant pays all costs resulting from the telephonic appearance.

History

New Section made by final rulemaking at 12 A.A.R. 2844, effective July 11, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-12-107 Failure to Appear

If an applicant or the applicant's representative fails to appear at the scheduled hearing, the Board shall:

1. Conduct the hearing and decide whether to grant or deny the good-cause exception based on the evidence previously submitted, or

2. Reschedule the hearing.

History

New Section made by final rulemaking at 12 A.A.R. 2844, effective July 11, 2006 (Supp. 06-3).

Ariz. Admin. Code § R13-12-108 Notice of Decision

A. Within seven business days after concluding the hearing regarding a good-cause exception for an applicant, the Board shall provide written notice to the applicant that the good-cause exception has been granted or denied.

B. The Board shall provide to the Department a copy of the written notice granting or denying a good-cause exception so the Department can take any needed action regarding the applicant's application for licensure.

History

New Section made by final rulemaking at 12 A.A.R. 2844, effective July 11, 2006 (Supp. 06-3).

Chapter 13 DEPARTMENT OF PUBLIC SAFETY SCHOOL BUSES

Article 1 SCHOOL BUS MINIMUM STANDARDS

Ariz. Admin. Code § R13-13-101 Definitions

In this Chapter, unless otherwise specified:

"Accident" means any unexpected occurrence involving a moving or non-moving school bus that results in any bodily injury or fatality to a passenger or non-passenger, damage to personal or real property outside the school bus, or damage to the school bus that affects the integrity of the school bus or results in a major defect as described in R13-13-108(B).

"Alternately flashing signal lamps" means a system of red or red and amber lamps that are mounted horizontally to both the front and rear of the school bus body and used to inform the public that the school bus is preparing to stop or has stopped to load or unload passengers. Alternately flashing signal lamps can be either a four-lamp system as described in R13-13-107(17)(c)(i) or an eight-lamp system as described in R13-13-9 -107(c)(ii).

"Alteration" means any addition, modification, or removal of any equipment or component after a school bus is inspected by the Department, which may affect the operations of the school bus; compliance with the statutes or rules applicable to school buses; or the health, safety, or welfare of any individual.

"Applicant" means an individual who submits an application to the Department to obtain a certificate to operate a school bus.

"ASE" means National Institute of Automotive Service Excellence.

"Auxiliary fan" means a device mounted inside the school bus body used to supplement the heating, defrosting, or air-conditioning systems by circulating air in the school bus.

"Behind-the-wheel instructor" means an individual qualified under R13-13-103 to provide behind-the-wheel training to applicants.

"Behind-the-wheel training" means the complete physical control of a school bus by an applicant while accompanied by and under direct observation of a behind-the-wheel instructor.

"Belt cutter" means a hand-held instrument containing a blade used to sever a seat belt or a wheelchair-securement device.

"Certificate" means a written authorization issued by the Department to operate a school bus in Arizona.

"Chassis" means the part of a school bus that consists of all base components, including the frame, front and rear suspension, exhaust system, brakes, engine, engine hood or cover, transmission, front and rear axles, front fenders, drive train and shaft, fuel system, engine air intake and filter, clutch and accelerator pedals, steering wheel, tires, heating and cooling system, battery, and controls and instruments to operate the school bus.

"Chassis cowl" means those parts of a Type C school bus that are located in front of the cowl and attached before a school bus manufacturer adds the school bus body.

"Citation" has the same meaning as at A.R.S. § 28-1872.

"Classroom instructor" means an individual qualified under R13-13-103 to provide classroom training to:

Applicants to operate a school bus,

Individuals becoming qualified to teach classroom training,

Individuals becoming qualified to teach techniques of behind-the-wheel training, or

School bus drivers taking refresher training.

"Classroom training" means the courses required by the Department of an applicant before the applicant is certified or of an individual seeking qualification as a classroom or behind-the-wheel instructor.

"Commercial driver license" has the same meaning as at A.R.S. § 28-3001.

"Controlled substances and alcohol testing" means a determination of an applicant's or school bus driver's use of marijuana, cocaine, phencyclidine, opiates, amphetamines, and alcohol prescribed by 49 CFR 382, October 2006 (no later amendments or editions), and conducted in accordance with the procedures at 49 CFR 40, October 2006 (no later amendments or editions), both published by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference, and on file with the Department; and a determination of an applicant's or school bus driver's use of marijuana, cocaine, phencyclidine, opiates, amphetamines, barbiturates, benzodiazepines, methadone, and propoxphene as required by these rules and conducted in accordance with a procedure that is generally accepted in the scientific community to be accurate and reliable.

"Cowl" means the portion of the chassis in a Type C school bus that separates the school bus engine from the school bus driver's compartment.

"Cutaway van" means a chassis to which a completed driver's compartment is attached before a school bus manufacturer adds a school bus body.

"dB(A)" means decibels A scale, a term denoting that noise level has been adjusted to duplicate human hearing.

"Driver's compartment" means the part of a school bus body that is separated from the passenger compartment by a barrier and contains the controls and instruments for the operation of the school bus.

"Emergency-brake system" means mechanical components used to slow or stop a school bus after a failure of the service-brake system.

"Emergency exit" means an opening in a school bus, including a door, push-out window, or roof hatch, used to unload passengers in the event of an occurrence that requires immediate evacuation of the school bus.

"Employer" means a private business or school district that hires applicants and certified school bus drivers to operate school buses.

"Fingerprint clearance card" has the same requirements as in A.R.S. § 41-1758.03.

"Frame" means the structural foundation upon which a school bus chassis is constructed.

"Frontage road" means a street that parallels an interstate highway and furnishes access to streets and property that would otherwise be unreachable from the interstate highway.

"Gross vehicle weight rating" means the value specified by the manufacturer as the maximum total loaded weight of a school bus, calculated in accordance with R13-13-106(27).

"Health care professional" means:

A physician licensed to practice medicine under A.R.S. § 32-1401 et seq., osteopathy under A.R.S. § 32-1800 et seq., or chiropractic under A.R.S. § 32-900 et seq.;

A physician licensed to practice medicine, osteopathy, or chiropractic in a state contiguous to Arizona;

A physician employed by the United States government and licensed by a state or territory of the United States;

A physician assistant licensed under A.R.S. § 32-2501 et seq.; or

A registered nurse practitioner licensed under A.R.S. § 32-1601 et seq.

"Highway" has the same meaning as at A.R.S. § 28-101.

"Identification" means the signs, lettering, or numbers placed on the interior or exterior of a school bus body, including the glass areas, but does not include the lettering, numbers, or logos of a manufacturer or distributor of the manufacturer's product.

"Identity verified fingerprint clearance card" has the same requirements as A.R.S. § 15-106.

"Ignition power-deactivation switch" means a device that when set causes the engine of a motor vehicle to stop operating if the transmission is placed into gear or the parking-brake system is released.

"Interstate highway" means the designation given by the federal government to the system of highways connecting two or more states of the United States.

"Lamp" means a device that is covered by a lens and used to produce artificial light.

"Major defect" means a condition that exists to the interior or exterior of a school bus that causes the Department or owner to place the school bus out of service while the defect is being corrected.

"Manufacturer" means an entity engaged in the manufacturing or assembling of a school bus chassis, school bus body, or school bus chassis and body.

"Medical practitioner" has the same meaning as at A.R.S. § 32-1901.

"Minor defect" means a condition that exists to the interior or exterior of a school bus that is not a major defect and allows the school bus to remain in operation while the defect is being corrected.

"Off-duty" means the time a school bus driver is not on-duty.

"On-duty" means the period between the time a school bus driver begins to work for the employer or is required to be ready to work for the employer until the time the school bus driver is relieved from work and all responsibility for performing work for the employer. The time on-duty is used only to determine when a school bus driver must be provided time off-duty. Time on-duty may be compensated by the employer or an entity other than the employer or may be uncompensated. On-duty includes:

All time at an employer's place of business, waiting to be dispatched;

All time performing an operations check of a school bus in accordance with R13-13-108, or servicing or conditioning a school bus;

All time driving a school bus, including loading or unloading the school bus, and remaining in readiness to drive a school bus;

All time, at the direction of the employer, travelling but not driving a school bus or assuming any other responsibility to the employer. If the school bus driver is afforded at least eight consecutive hours off-duty upon arrival at the school bus driver's destination after travelling but not driving a school bus or assuming any other responsibility to the employer, the school bus driver shall be considered off-duty for the entire period travelling but not driving the school bus or assuming any other responsibility to the employer;

All time repairing, obtaining assistance, or remaining in attendance upon a disabled school bus;

All time preparing required reports and records;

All time providing a breath or urine sample, including travel time to and from the collection site, to comply with the testing requirements of this Chapter;

All time performing any other work for the employer; and

All time performing any compensated work for any entity other than the employer.

"Out of service" means a school bus cannot be used to transport passengers.

"Owner" means the public or governmental agency or institution or private company in whose name a school bus is titled.

"Parking-brake system" means mechanical components used to prevent the movement of a school bus while loading or unloading a passenger or when the school bus is parked.

"Passenger" means an individual who rides in a school bus but does not participate in the operation of the school bus.

"Passenger compartment" means that part of the school bus body that is separated from the school bus driver's compartment by a barrier and holds the passengers to be transported.

"Physical examination" means an evaluation of an applicant's or school bus driver's medical status performed by a health care professional according to this Article.

"Physical examination form" means the Arizona Department of Transportation, Motor Vehicle Division, Medical Examination Report, which is used to record the results of a physical examination and may be obtained from the Department or Arizona Department of Transportation, Motor Vehicle Division.

"Physical performance test" means an evaluation of an applicant's or school bus driver's reflexes, agility, and strength performed according to this Article.

"Physical performance test form" means the document used to record the results of a physical performance test and may be obtained from the Department.

"Push-out window" means safety glass enclosed in a frame on a school bus that moves to the outside of the school bus when force is applied to the window from inside the school bus.

"Refresher training" means the courses required by the Department of each school bus driver to maintain certification as a school bus driver in Arizona.

"Restraining barrier" means a structure located in front of any school bus seat that restricts the forward motion of a passenger.

"Rub rail" means a horizontal steel bar attached to the outside of a school bus body used to reinforce the sides of the school bus.

"Safety glass" has the same meaning as at A.R.S. § 28-959(F).

"School" means a school as defined by A.R.S. § 15-101(19), accommodation school as defined by A.R.S. § 15-101(1), charter school as defined by A.R.S. § 15-101(3), or private school as defined by A.R.S. § 15-101(18).

"School bus" has the same meaning as at A.R.S. § 28-101.

"School bus body" means a structure assembled upon a chassis designed to carry a school bus driver and passengers.

"School bus driver" means an individual who is certified by the Department as meeting the requirements at A.R.S. § 28- 3228 and R13-13-102 to operate a school bus in Arizona.

"School district" has the same meaning as at A.R.S. § 15-101(20).

"Service-brake system" means mechanical components used to slow or stop a school bus.

"Service door" means a metal structure used to close the opening of a service entrance.

"Service entrance" means an opening in a school bus used to load or unload passengers.

"Special needs school bus" means a school bus that is designed to transport disabled passengers, some of whom may use a wheelchair, and is constructed with a service entrance and a special-service entrance.

"Special-service entrance" means an opening in a school bus that accommodates a wheelchair lift for the loading or unloading of a passenger who uses a wheelchair.

"Special-service entrance door" means a metal structure used to close the opening of a special-service entrance.

"Street" has the same meaning as at A.R.S. § 28-101.

"Traffic control signal" has the same meaning as at A.R.S. § 28-601.

"Training" means the instruction, courses, classes, or workshops provided by the Department or the employer that are required to obtain or maintain certification as a school bus driver or qualification as a classroom or behind-the-wheel instructor, or qualification to administer the physical performance test in Arizona.

"Transport" or "transporting" means a school bus driver sets a school bus in motion to carry passengers or objects authorized by the school district to be carried in a school bus.

"Type A school bus" means a conversion bus constructed utilizing a cutaway front section vehicle with a left side driver's door. This definition includes two classifications: Type A-1, with a Gross Vehicle Weight Rating (GVWR) of 14,500 pounds or less; and Type A-2, with a GVWR greater than 14,500 pounds and less than or equal to 21,500 pounds.

"Type B school bus" means a school bus constructed utilizing a stripped chassis. The entrance door is behind the front wheels. This definition includes two classifications: Type B-1, with a GVWR of 10,000 pounds or less, and Type B-2, with a GVWR greater than 10,000 pounds.

"Type C school bus," also known as a conventional style school bus, means a school bus constructed utilizing a chassis with a hood and front fender assembly. The entrance door is behind the front wheels. A Type C school bus may have a cutaway truck chassis or truck chassis with cab with or without a left side door and with a GVWR greater than 21,500 pounds.

"Type D school bus," also known as a rear engine or front engine transit-style school bus, means a school bus constructed utilizing a stripped chassis. The entrance door is ahead of the front wheels.

"Van" means a covered or enclosed truck.

"Wheelchair" means a mobility aid consisting of a frame, seat, and three or four wheels, which is used to support and carry a disabled passenger.

"Wheelchair lift" means an electric hydraulic mechanism and platform in a school bus used to raise and lower a passenger in a wheelchair.

"Wheelchair-lift platform" means a horizontal surface upon which a wheelchair sits while being raised or lowered.

"Wheelchair-passenger restraint" means a combination of a pelvic and an upper torso restraint, including buckles and fasteners, designed to secure a passenger in a wheelchair within a school bus.

"Wheelchair-passenger restraint anchorage" means equipment for fastening wheelchair-passenger restraints to the interior of a school bus.

"Wheelchair-securement anchorage" means equipment for fastening a wheelchair-securement device to a school bus floor.

"Wheelchair-securement device" means a strap or webbing, including buckles and fasteners, used for fastening a wheelchair to a wheelchair-securement anchorage.

"Wheelchair-securement system" means components used to fasten a wheelchair to the interior of a school bus, including a wheelchair-securement anchorage and a wheelchair-securement device.

History

Adopted by final rulemaking at 24 A.A.R. 2306, effective 7/24/2018.

Ariz. Admin. Code § R13-13-102 Certification of School Bus Drivers

A. Certification requirements: An individual shall not operate a school bus in Arizona without being certified by the Department. An applicant for certification shall:

1. Be a minimum of 18 years of age;

2. Possess a valid identity verified fingerprint clearance card.

Submit all of the following to the Department through the employer:

a. An application signed and dated by the applicant that states the applicant's:

i. Name, home address, and home phone number;

ii. Any alias ever used by the applicant;

iii. Social Security number;

iv. Date of birth;

v. Arizona commercial driver license number;

vi. Date of previous application for certification, if any;

vii. Intended employer's name;

viii. Convictions for a felony or misdemeanor, if any, in this state or any other state;

ix. Total points accumulated against the applicant's driving record during the two years immediately preceding the date of application using the point system contained in A.A.C. R17-4-404 ; and

x. Identity verified fingerprint clearance card number.

b. Completed physical examination form, completed physical performance test form, and results of controlled substances testing; and

c. A verification made under penalty of perjury that all submitted information is true and complete;

4. Possess a current Arizona commercial driver license under A.R.S. § 28- 3101;

5. Possess any Arizona driver license endorsement required under A.R.S. § 28-3103;

6. Meet the driving record requirements listed in this Article; and

Complete the training requirements listed in this Article.

B. Physical examination

1. An applicant or school bus driver shall submit to a physical examination that is conducted by a health care professional in accordance with the physical examination form. An applicant or school bus driver is qualified to be certified as a school bus driver only if the health care professional conducts the physical examination in accordance with the physical examination form and concludes that the applicant or school bus driver has no condition that would interfere with the applicant's or school bus driver's ability to:

a. Operate a school bus safely,

b. Evacuate a school bus during an emergency or during a drill required under R13-13-104(D), and

c. Perform the operations checks required under R13-13-108(D).

2. An applicant or school bus driver who is insulin dependent shall obtain the waiver described in A.A.C. R17-5-208.

3. An applicant shall submit the completed physical examination form and, if applicable, a copy of the waiver required under subsection (B)(2), to the Department through the employer.

4. The initial physical examination of an applicant, conducted in accordance with the physical examination form, expires 24 months from the date of the physical examination unless a shorter time is specified by the health care professional who administers the physical examination. A school bus driver shall submit to a physical examination before the expiration date of the previous physical examination and send the completed physical examination form to the Department through the employer before the end of the month in which the previous physical examination expires.

5. If a health care professional determines that further testing of an applicant or school bus driver is needed by an ophthalmologist or optometrist, the health care professional shall refer the applicant or school bus driver to:

a. An ophthalmologist licensed under A.R.S. § 32-1401 et seq.,

b. An optometrist licensed under A.R.S. § 32-1701 et seq.,

c. An ophthalmologist licensed to practice ophthalmology or optometrist licensed to practice optometry by a state contiguous to Arizona, or

d. An ophthalmologist licensed to practice ophthalmology or optometrist licensed to practice optometry by any state or territory of the United States and employed by the United States government.

6. In addition to the physical examinations required by this Article, the Department or the employer may require a physical examination of an applicant or school bus driver for an impairment that would affect the ability to perform the activities listed in subsection (B)(1). The Department or employer shall base its decision to require an additional physical examination upon consideration of the appearance or actions of the applicant or school bus driver or of medical information received by the Department regarding the applicant or school bus driver. The applicant or school bus driver shall submit results of a physical examination conducted under this subsection to the Department through the employer within 30 days of the date of the physical examination.

C. Controlled substances and alcohol testing

1. An applicant or school bus driver shall submit to alcohol and controlled substances testing as required by A.R.S. § 28-3228(C)(2) and as prescribed by this Article and 49 CFR 382 October 2006 (no later amendments or editions). The testing shall be conducted in accordance with the procedures at 49 CFR 40 October 2006 (no later amendments or editions), both published at the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference and on file with the Department, except for the changes in 49 CFR 40 and 49 CFR 382 listed in subsections (C)(1)(a) through (C)(1)(i).

a. 49 CFR 40.3

i. "Employee," means an applicant or a school bus driver as defined at R13-13-101.

ii. "Employer" has the same meaning as at R13-13-101.

b. 49 CFR 382.107

i. "Commercial motor vehicle" has the same meaning as at A.R.S. § 28-3001(3).

ii. "Driver" means a school bus driver as defined at R13-13-101.

iii. "Employer" has the same meaning as at R13-13-101.

iv. "Performing a safety-sensitive function" means any time during which a school bus driver is on-duty except when the school bus driver is being compensated by an entity other than the employer.

v. "Safety-sensitive function" means any activity for which a school bus driver is on-duty except when the school bus driver is performing an activity for and being compensated by an entity other than the employer.

c. 49 CFR 382.207. In both sentences, the word "four" is changed to "eight."

d. 49 CFR 382.301(b), (c), and (d): Delete these subsections.

e. 49 CFR 382.303(a) and (b): Change the word "occurrence" to "accident," as defined in R13-13-101, and delete the words "operating on a public road in commerce."

f. 49 CFR 382.303(a)(1) and (b)(1): Delete the words ", if the accident involved the loss of human life"

g. 49 CFR 382.303(a)(2) and (b)(2): Delete the words ", if the accident involved:"

h. 49 CFR 382.303(a)(2)(i) and (ii) and (b)(2)(i) and (ii): Delete these subsections.

i. 49 CFR 382.303(c): In the table, in the column headed "Test must be performed by employer," change "No" to "Yes."

2. In addition to the testing required by 49 CFR 382, an applicant shall submit to testing for the use of marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, and propoxphene by a procedure that is generally accepted in the scientific community to be accurate and reliable.

3. In addition to the testing required by 49 CFR 382, a school bus driver shall submit annually to testing for the use of marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, and propoxyphene by a procedure that is generally accepted in the scientific community to be accurate and reliable.

4. The employer shall ensure that a school bus driver is tested for use of marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, or propoxyphene or alcohol when required to do so by these rules or when requested by the Department.

5. The employer shall submit any and all negative results of testing done under subsection (C) to the Department within 30 days of the date of testing or within 12 months of the school bus driver's previous test, whichever is sooner, by providing the Department a copy of the report submitted to the employer by the entity that conducted the testing.

6. The employer shall immediately notify the Department by telephone of any and all positive results of testing done under subsection (C) and shall submit to the Department within five days a copy of the report submitted to the employer by the entity that conducted the testing.

D. Physical performance test

1. An applicant shall pass a physical performance test that consists of the following eight standards:

a. Climbing and descending the steps of a school bus three times in 30 seconds;

b. Alternately activating the throttle and the service-brake system of a school bus 10 times in 10 seconds;

c. Depressing and holding the clutch, if applicable, and service-brake system of a school bus for three seconds, five consecutive times;

d. Opening and closing a manually operated service door three times without stopping. If the school bus has an automatic service door, operate the manual override of the service door;

e. Operating at least two hand controls, one on each side of the steering wheel, within eight seconds while maintaining control of a moving school bus;

f. Starting in a seat-belted position, exit a school bus from the rear-most floor-level emergency exit within 20 seconds;

g. Carrying or dragging a 125-pound object 30 feet in 30 seconds; and

h. Lowering a 30-pound object from a floor-level emergency exit to the ground and lifting the same object from the ground to the school bus floor.

2. A school bus driver who is certified on the effective date of this subsection shall pass the physical performance test within one year from the effective date of this subsection.

3. A school bus driver shall pass the physical performance test again no later than 24 months after previously passing the physical performance test.

4. An applicant or school bus driver who fails the physical performance test may take the test again after 24 hours. An applicant or school bus driver may take the physical performance test no more than three times in 90 days. If an applicant fails the physical performance test on the third attempt, the Department shall not further consider the applicant for certification unless the applicant complies again with the requirements of this Section.

The employer shall ensure that a school bus driver who fails the physical performance test does not operate a school bus until the school bus driver passes the physical performance test.

6. If a school bus driver takes and fails the physical performance test three times, the Department shall cancel the school bus driver's certification.

7. An employer shall ensure that the physical performance test is administered by a person who has completed Department-authorized training, using the largest type of school bus that an applicant or school bus driver may be required to operate.

8. A person who administers the physical performance test shall either pass or fail the applicant or school bus driver taking the test, complete the physical performance test form, and submit the completed form to the Department and the employer within seven days of the physical performance test.

E. Driving record

1. During the 24 months before the date of application or during any 24-month period while certified as a school bus driver, an applicant or school bus driver shall not accumulate eight or more points against a driving record in this state using the point system contained in A.A.C. R17-4-404.

2. During the 10 years before the date of application, an applicant shall not have repeatedly received citations for violation of traffic law.

F. Training requirements of a school bus driver

1. Before being certified by the Department as a school bus driver, an applicant shall complete a minimum of 14 hours of classroom training in the following:

a. State and federal traffic laws,

b. Behind-the-wheel driving operations,

c. School bus driver's responsibilities to passengers and school,

d. Inspections and operations checks,

e. Records and reports,

f. Special needs transportation, and

g. Accidents and emergencies.

2. An employer shall ensure that classroom training is taught by a classroom instructor who is qualified under R13-13-103.

3. At least seven days before classroom training, the classroom instructor shall notify the Department in writing of the date, time, and location of classroom training. The classroom instructor shall notify the Department by any means available at least 24 hours before the date, time, or location of classroom training is changed or canceled.

4. After completion of classroom training, the classroom instructor shall administer to the applicant a written examination standardized by the Department.

a. The written examination shall consist of a combination of 50 true or false, multiple choice, and fill-in-the-blank questions. The examination questions shall cover the topics listed in subsection (F)(1).

b. Each question has a value of two points. To pass the examination an applicant shall receive a score that equals or exceeds 80% of the total possible score.

c. If an applicant is unable to read or speak English, the employer shall arrange to have the examination administered orally to the applicant in the language with which the applicant is most familiar.

d. If an applicant does not pass the examination on the first attempt, the applicant may take an examination two more times within 12 months of the first attempt. A different examination shall be administered to an applicant who is taking an examination for the second or third time. The period between examinations shall be a minimum of 24 hours. If the applicant fails the examination on the third attempt, the applicant shall be considered further only if the applicant complies again with the requirements in this Section.

5. The classroom instructor shall submit the following information in a written report to the Department and the employer within seven days from the date of the conclusion of a classroom training course:

a. Instructor's name,

b. Instructor's identification number,

c. Date of training,

d. Location of training,

e. Number of hours of training taught by the classroom instructor,

f. Each applicant's name, and

g. Each applicant's examination score.

6. In addition to the report required under subsection (F)(5), the classroom instructor shall maintain and submit to the employer within seven days from the conclusion of a classroom training course, a classroom-training course log that includes:

a. Instructor's name,

b. Instructor's identification number,

c. Date of the training course,

d. Name of each applicant attending the training course,

e. Subject matter taught in each hour, and

f. Which hours of training were attended by each applicant.

7. In addition to the classroom training, an applicant shall complete behind-the-wheel training consisting of a minimum of 20 hours operating a school bus in Arizona.

a. An employer shall ensure that behind-the-wheel training is taught by a behind-the-wheel instructor who is qualified under R13-13-103.

b. During behind-the-wheel training, a behind-the-wheel instructor shall be present and observing the applicant while the applicant is operating the school bus.

c. The employer shall ensure that no one except the applicant, behind-the-wheel instructor, employer, and Department employees are aboard the school bus while the applicant actually operates the school bus.

d. The behind-the-wheel instructor shall maintain and submit to the employer within seven days from the conclusion of the applicant's behind-the-wheel training, a behind-the-wheel training log that includes:

i. Instructor's name,

ii. Instructor's identification number,

iii. Applicant's name,

iv. Date of each behind-the-wheel training session, and

v. Actual number of hours at each training session that the applicant operates a school bus.

e. At the conclusion of behind-the-wheel training, the behind-the-wheel instructor shall use a copy of the Proof of Completion of Behind-the-wheel Training and Driving Test form to administer to the applicant the driving test described on the form. The driving test shall measure the applicant's ability to operate a school bus safely and in a manner consistent with state law. The behind-the-wheel instructor shall either pass or fail the applicant and submit the completed form to the Department and the employer within seven days of the driving test.

G. First aid and cardiopulmonary resuscitation

1. Before being certified, an applicant shall complete classroom instruction in cardiopulmonary resuscitation and basic first aid. The instruction in cardiopulmonary resuscitation shall include performing cardiopulmonary resuscitation on adults, children, and infants.

2. The instruction shall be conducted by an individual currently certified as an instructor in first aid and cardiopulmonary resuscitation by a program approved by a nationally recognized organization such as the American Heart Association, American Red Cross, National Safety Council, American Safety and Health Institute, or Arizona Bureau of Mines; by an emergency medical technician licensed in Arizona; or by an agency of the U.S. government.

3. An applicant shall submit to the Department, through the employer, a copy of the front and back of the first-aid card and cardio-pulmonary resuscitation card issued to the applicant or other written documentation as proof of completion of the first-aid and cardiopulmonary resuscitation training.

4. A school bus driver shall renew first-aid and cardiopulmonary resuscitation training before expiration of the current training. Renewal instruction shall be provided by an individual described in subsection (G)(2). The school bus driver shall submit to the Department, through the employer, a copy of the front and back of the first-aid card and cardiopulmonary resuscitation card or other written documentation as proof of renewal of training.

H. The Department shall process an application for certification as a school bus driver under R13-13-109 .

I. Refresher training

1. A school bus driver shall have refresher training no later than 24 months following completion of the training required by subsection (F). Refresher training shall consist of a minimum of 6 1/2 hours of classroom training in the topics listed in subsection (F)(1).

2. After completing the first refresher training, the school bus driver shall complete a minimum of 6 1/2 hours of classroom training in the topics listed in subsection (F)(1) every 24 months following the last refresher training.

3. An employer shall ensure that refresher training is taught by a classroom instructor who is qualified under R13-13-103.

4. A classroom instructor shall teach refresher training and shall submit the following information in a written report to the Department and the employer within seven days from completion of the refresher training:

a. Instructor's name,

b. Instructor's identification number,

c. Date of training,

d. Location of training,

e. Number of hours of training taught by the classroom instructor,

f. Each school bus driver's name, and

g. Each school bus driver's certification number.

In addition to the report required under subsection (I)(4), the classroom instructor shall maintain and submit to the employer within seven days from the conclusion of a refresher training course, a refresher-training course log that includes:

a. Instructor's name,

b. Instructor's identification number,

c. Date of the refresher training course,

d. Name and certification number of each school bus driver attending the refresher training course,

e. Subject matter taught in each hour, and

f. Which hours of refresher training were attended by each school bus driver.

J. Records

1. The employer shall maintain qualification and training records of an applicant who is certified and of a school bus driver who terminates employment, and qualification records of an applicant who is denied certification, for 24 months from the date of certification, termination of employment, or denial of certification.

2. The employer shall maintain records of testing required under subsection (C) in accordance with 49 CFR 382.401, October 2006 (no later amendments or editions), published at the U. S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference, and on file with the Department. In this subsection, "controlled substances," as used in 49 CFR 382.401, means marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, and propoxyphene.

3. The employer shall transfer the records of a school bus driver to a subsequent employer upon written request by the subsequent employer or school bus driver.

4. Qualification records include:

a. Application,

b. Driving record,

c. Copy of physical examination form, and

d. Physical performance test form.

5. Training records include:

a. A copy of the classroom-training course log required under subsection (F)(6) that shows the applicant's attendance,

b. A copy of the refresher-training course log required under subsection (I)(5) that shows the school bus driver's attendance,

c. The classroom training examination score,

d. The applicant's behind-the-wheel training log,

e. The Proof of Completion of Behind-the-wheel Training and Driving Test form,

f. A copy of the first-aid card and cardiopulmonary resuscitation card or other written documentation of completion of first-aid and cardiopulmonary resuscitation training, and

g. A copy of the school bus driver certification card issued by the Department.

K. Denial, cancellation, or suspension of certificate

1. Based on an assessment of the totality of the circumstances, the Department may deny a certificate to an applicant or may cancel or suspend a certificate of a school bus driver for:

a. Failing to meet or comply with the requirements of this Article;

b. Being convicted of or subject to an outstanding warrant for any felony;

c. Being convicted of or subject to an outstanding warrant for any misdemeanor reasonably related to the occupation of a school bus driver including, but not limited to:

i. Citation for any moving motor vehicle violation, including but not limited to, violations of A.R.S. § 28-1591 et seq.;

ii. Driving under the influence (A.R.S. § 28-1381 et seq.);

iii. Any sexual offense (A.R.S. § 13-1401 et seq.);

iv. Any abuse of a child (A.R.S. § 13-3623); or

v. Use, sale, or possession of a controlled substance (A.R.S. § 13-3401 et seq.).

d. Demonstrating behavior that endangers the educational welfare or personal safety of students, teachers, or school bus drivers or other co-workers;

e. Providing false, incomplete, or misleading information to the Department;

f. Driving or being in actual physical control of a school bus under a circumstance listed in A.R.S. § 28-1381(A);

g. Under A.R.S. §§ 28-3301 through 28-3322, having a commercial driver license canceled, suspended, revoked, or denied; or

h. Having a verified positive result to any controlled substance or alcohol test required by subsections (C)(1), (2), or (3), at any time.

2. The Department shall cancel or suspend a certificate of a school bus driver for:

a. Having a fingerprint clearance card that is invalid, suspended, canceled or revoked pursuant to A.R.S. § 28-3228 and A.R.S. Title 41, Chapter 12, Article 3.1; or

b. Operating a school bus in violation of A.R.S. § 41-1758.03(D) or A.R.S. § 41-1758.07(D) which preclude a person from driving any vehicle to transport employees or clients of the employer as part of the person's employment including students, teachers or other co-workers.

3. Any conviction, violation, warrant, or other misconduct described in this Section shall be considered, whether or not the school bus driver was operating a school bus at the time of the conviction, violation, warrant, or other misconduct.

4. An applicant who is denied a certificate or a school bus driver whose certificate is canceled or suspended may request a hearing within 30 days from the date of receipt of the notice of the denial, cancellation, or suspension. The hearing shall be conducted according to the procedures contained in A.R.S. Title 41, Chapter 6, Article 10.

5. The Department shall inform an applicant who is denied a certificate or a school bus driver whose certificate is canceled or suspended of the amount of time that must elapse before the applicant or the school bus driver may reapply for certification. The Department shall include this information in the notice of denial, cancellation, or suspension and the notice of final order, if any, served on the applicant or school bus driver. In determining the amount of time that must elapse before reapplication, the Department shall consider:

a. The seriousness of the offense leading to denial, cancellation, or suspension;

b. The frequency with which the offense occurred; and

c. The amount of time required to correct the offense.

L. If a school bus driver is terminated from or leaves employment, the employer shall provide written notice to the Department within 30 days of the termination or leaving. If a school bus driver transfers employment from one employer to a second employer, within 14 days of the transfer the second employer shall provide written notice to the Department of the:

1. School bus driver's name,

2. School bus driver's certification number,

3. Name of the transferring employer, and

Effective date of the transfer.

History

Adopted by final rulemaking at 24 A.A.R. 2306, effective 7/24/2018.

Ariz. Admin. Code § R13-13-103 Qualification of Classroom and Behind-the-wheel Instructors

A. To be qualified as a classroom instructor, an individual shall:

1. Submit to the Department through the employer, the following two letters:

a. A letter from, signed, and dated by the individual that states the individual's:

i. Name, home address, and home phone number;

ii. Social Security number;

iii. Date of birth;

iv. Current employer's name, address, and phone number;

v. Dates of all previous letters submitted under this subsection; and

b. A letter from the current employer recommending that the individual be considered as a classroom instructor; and

2. Pass a written examination standardized by the Department:

b. Each question has a value of two points. To pass the examination, an individual shall receive a score that equals or exceeds 90% of the total possible score.

c. If an individual taking the written examination is unable to read or speak English, the employer shall arrange to have the examination administered orally in the language with which the individual is most familiar.

d. If an individual does not pass the examination, the individual may take a second examination that is different from the first examination.

e. If an individual fails to pass the second examination, the individual may receive further consideration by submitting again the letters required by subsection (A)(1) and taking the written examination required by this subsection.

f. The employer shall submit each individual's examination score to the Department within seven days from the date of the examination.

B. To remain qualified as a classroom instructor, a classroom instructor shall teach a minimum of 12 hours of classroom or refresher training every 24 months from the date the classroom instructor is first recognized by the Department as qualified.

C. To be qualified as a behind-the-wheel instructor, an individual shall:

1. Be certified continuously as a school bus driver in Arizona for the 12 months immediately before submitting the letters described in subsection (C)(2) and be employed as a certified school bus driver at the time of qualification as a behind-the-wheel instructor;

Submit to the Department through the employer, the following two letters:

a. A letter from, signed, and dated by the individual that states the individual's:

i. Name, home address, and home phone number;

ii. Social Security number;

iii. Commercial driver license number;

iv. Current employer's name, address, and phone number;

v. Dates of all previous letters submitted under this subsection; and

b. A letter from the current employer recommending that the individual be considered as a behind-the-wheel instructor; and

3. Pass a written examination standardized by the Department.

b. Each question has a value of two points. To pass the examination, an individual shall receive a score that equals or exceeds 80% of the total possible score.

c. If an individual is unable to read or speak English, the employer shall arrange to have the examination administered orally in the language with which the individual is most familiar.

d. If an individual does not pass the examination, the individual may take a second examination that is different from the first examination.

e. If an individual fails to pass the second examination, the individual may receive further consideration by submitting again the letters required by subsection (C)(2) and taking the written examination required by this subsection.

f. The employer shall submit each individual's examination score to the Department within seven days from the date of the examination.

D. To remain qualified as a behind-the-wheel instructor, a behind-the-wheel instructor shall maintain certification as a school bus driver in this state and teach a minimum of 12 hours of behind-the-wheel training every 24 months from the date the behind-the-wheel instructor is first recognized by the Department as qualified.

E. Records

1. The employer shall maintain the following records for each classroom and behind-the-wheel instructor for 24 months from the date the instructor is first recognized by the Department as qualified.

a. Letter submitted under subsection (A)(1)(a) or (C)(2)(a),

b. Letter of recommendation submitted under subsection (A)(1)(b) or (C)(2)(b), and

c. Examination score.

2. The Department shall maintain the documents required under R13-13-102(F)(5) and (I)(4) for 24 months.

F. The Department shall not recognize an individual as qualified to be a classroom or behind-the-wheel instructor if the individual:

1. Fails to meet or comply with the requirements of this Article;

2. Is convicted of or subject to an outstanding warrant for a felony;

3. Is convicted of or subject to an outstanding warrant for a misdemeanor reasonably related to the occupation of a school bus driver, including:

a. Civil traffic violation (A.R.S. § 28-1591 et seq.);

b. Driving under the influence (A.R.S. § 28-1381 et seq.);

c. Any sexual offense (A.R.S. § 13-1401 et seq.);

d. Any abuse of a child (A.R.S. § 13-3623); or

e. Use, sale, or possession of a controlled substance (A.R.S. § 13-3401 et seq.);

4. Provides false, incomplete, or misleading information to the Department;

5. Drives or is in actual physical control of a school bus under a circumstance listed in A.R.S. § 28-1381(A); or

6. Under A.R.S. §§ 28-3301 through 28-3322, has a commercial driver's license canceled, suspended, revoked, or denied.

G. If a classroom or behind-the-wheel instructor is terminated from or leaves employment, the employer shall provide written notice to the Department within 30 days of the termination or leaving. If a classroom or behind-the-wheel instructor transfers employment from one employer to a second employer, within seven days of the transfer the second employer shall provide written notice to the Department of the:

1. Name of the classroom or behind-the-wheel instructor,

2. Identification number of the classroom or behind-the-wheel instructor,

Name of the transferring employer, and

4. Effective date of the transfer.

History

Adopted effective February 16, 1996 (Supp. 96-1). Amended by final rulemaking at 7 A.A.R. 2906, effective June 13, 2001 (Supp. 01-2). Amended by final rulemak-ing at 11 A.A.R. 557, effective March 5, 2005 (Supp. 05-1). Amended by final rulemaking at 14 A.A.R. 2110, effective May 8, 2008 (Supp. 08-2). New Section R13-13-103 recodified from R17-9-103 with Section cross-references revised, at 20 A.A.R. 2083, effective July 25, 2014 (Supp. 14-3).

Ariz. Admin. Code § R13-13-104 Minimum Standards for School Bus Operation

A. A school bus driver shall perform operations checks of a school bus as required by R13-13-108.

B. Loading or unloading of passengers:

1. As of February 16, 1996, an eight-lamp system as described in R13-13-107(17) shall be installed on a school bus before it is introduced into Arizona. When preparing to stop a school bus on a street or highway, the school bus driver shall activate the alternately flashing amber lamps of an eight-lamp system or the alternately flashing red lamps of a four-lamp system for a minimum distance of 100 feet, in accordance with A.R.S. § 28-930(B). Whenever the school bus is stopped on a street or highway to load or unload passengers, the school bus driver shall deactivate the alternately flashing amber lamps and activate the alternately flashing red lamps of an eight-lamp system, and extend the stop arm and open the service door.

2. When a school bus driver stops the school bus to load or unload passengers, the school bus driver shall set the parking brake and place the transmission in neutral.

3. The distance between stops for the purpose of loading or unloading passengers shall be no less than 600 feet, unless the school determines that more frequent stops are necessary for safety. The school bus driver shall stop the school bus as near the right edge of the traveled portion of the street or highway as possible.

4. A school bus driver shall not load or unload passengers on the traffic side of the bus.

5. When a school bus driver loads or unloads passengers who must cross a street or highway at a location other than an intersection, the passengers shall cross at least 10 feet in front of the front bumper of the school bus. The school bus driver shall not permit passengers who must cross a street or highway to be unloaded from the school bus until all traffic to the front and rear of the school bus is stopped. The school bus driver shall not move the school bus until all passengers have crossed the street or highway.

6. In intersections that use lighted traffic control signals, a school bus driver shall load or unload passengers no closer than 100 feet of the traffic control signal so the passengers may cross with the traffic control signal, either before or after the school bus proceeds.

7. In intersections without lighted traffic control signals, a school bus driver shall load or unload passengers no closer than 50 feet of the intersection so the passengers may cross at the intersection, either before or after the school bus proceeds.

8. A school bus driver shall not stop a school bus on an interstate highway for the purpose of loading or unloading passengers, except that:

a. A school bus stop may be established on a frontage road that parallels an interstate highway if no passenger is allowed to cross a divided highway.

b. A school bus may stop in a safety rest area as defined by A.R.S. § 28-7901(8) that is part of or adjacent to an interstate highway.

9. A school bus driver shall load or unload passengers on school grounds only in an area designated by the school and marked with a sign as a school bus loading area.

10. During loading or unloading of passengers at a designated school bus loading area at a school, the school shall restrict the loading area to school buses, passengers, and school employees assisting in the loading or unloading of passengers.

11. A school shall allow passengers in a designated school bus loading area only when the passengers are being loaded on or unloaded from a school bus.

A school shall designate all school bus loading areas at locations that prevent backing of the school bus.

13. In areas at a school not designated as a school bus loading area, a school bus driver shall not back upon or adjacent to the school grounds unless an individual authorized by the school bus driver directs the backing procedure while standing at the rear of the school bus in a position visible to the school bus driver. This provision does not apply to a school bus garage or school bus storage area where passengers are not allowed.

14. Immediately before a school bus driver engages in backing a school bus, the school bus driver shall sound the horn to warn motorists and pedestrians of the backing procedure. This provision does not apply if the school bus is equipped with an alarm that operates automatically when the school bus is backing.

15. In addition to the requirements for railroad grade crossings contained in A.R.S. § 28-853, a school bus driver shall comply with the following:

a. Use hazard warning lights as described in A.R.S. § 28-947(D) within a minimum of 100 feet of a railroad grade crossing to warn motorists of an intended stop.

b. Shut off any radio, compact-disc player, and other source of sound within 50 feet of a railroad grade crossing.

c. Stop the school bus, with or without passengers aboard, at a railroad grade crossing when traffic at the railroad grade crossing is not directed by a police officer.

d. While stopped at a railroad grade crossing at which traffic is not directed by a police officer, activate the noise suppression switch, completely open the service door and the window to the left of the driver and, by hearing and sight, determine that it is safe to cross. Before proceeding, close the service door. Deactivate the noise suppression switch after crossing the tracks.

e. Do not stop to load or unload passengers within 200 feet of a railroad grade crossing. This provision does not prohibit stops at a railroad station or on a highway that parallels the railroad tracks.

16. When a school bus driver loads a wheelchair passenger on a school bus, the school bus driver shall secure both the wheelchair and the wheelchair passenger using the systems described in R13-13-105(E).

C. An employer shall not allow or require a school bus driver to drive a school bus nor shall a school bus driver drive a school bus:

1. For more than 10 hours after having been off-duty for a minimum of eight consecutive hours;

2. For any period after having been on-duty for 15 hours after having been off-duty for a minimum of eight consecutive hours;

3. After having been on-duty 60 hours in any seven consecutive days if the employer does not operate school buses for seven consecutive days; or

4. After having been on-duty 70 hours in any eight consecutive days if the employer operates school buses every day of the week.

D. Other requirements:

1. A school bus driver shall wear a seat belt whenever the school bus is in motion.

2. While operating a school bus, a school bus driver shall wear closed-toe, closed-heel shoes that will not interfere with driving the school bus safely or performing other duties of the school bus driver.

3. A school bus driver shall comply with all state traffic laws while operating a school bus except that the school bus driver shall not exceed 65 miles per hour or the posted speed limit, whichever is less, when operating the school bus on an interstate highway.

4. Any person boarding or attempting to board a school bus, whether or not a passenger, shall comply with all instructions given by a school bus driver. If a passenger or a non-passenger boards or attempts to board a school bus and refuses to comply with the school bus driver's instructions, the school bus driver may seek emergency assistance to remove the passenger or non-passenger from the school bus, or prevent the passenger or non-passenger from boarding.

5. All passengers shall sit with their backs against the seat backs, their legs facing towards the front of the school bus, and all parts of their bodies clear of all aisles whenever the school bus is in motion.

6. A school bus driver shall not transport in a school bus more passengers than the rated capacity stated by the school bus manufacturer.

7. A school bus driver shall close the service doors of a school bus before operating the school bus. The service doors shall remain closed whenever the school bus is in motion.

8. A school bus driver shall not place the transmission in neutral or coast with the clutch disengaged on a downhill grade.

9. The driver of a school bus equipped with a two-speed axle shall not shift the axle while descending any hill posted with grade warning signs.

10. A school bus driver shall ensure that a school bus is not fueled in a closed building, while the school bus engine is running or while passengers are on board.

11. A school bus driver or passenger shall not use tobacco in any form on a school bus.

12. A school bus driver shall not carry on a school bus or consume any beverage containing any alcohol while on-duty with the employer or within eight hours before going on-duty with the employer.

13. A school bus driver shall not eat or drink on a school bus unless the school bus is completely stopped.

14. A school bus driver shall not at any time carry on a school bus or use a controlled substance.

15. A passenger shall not carry on a school bus or consume while being transported in a school bus, any beverage containing any alcohol.

16. A passenger shall not carry on a school bus or consume while being transported in a school bus, any dangerous or narcotic drug, as defined in A.R.S. § 13-3401, unless:

a. A medical practitioner authorized by the state to write a prescription for the dangerous or narcotic drug has prescribed the dangerous or narcotic drug for the passenger who is carrying or consuming it;

b. The school district governing board establishes written policies and procedures regarding the administration of a dangerous or narcotic drug by a trained district employee to a passenger who is being transported in a school bus; and

c. The parent or legal guardian of a passenger to whom a dangerous or narcotic drug is administered while being transported in a school bus provides prior written authorization for the dangerous or narcotic drug to be administered to the passenger by a trained district employee.

17. A school bus driver shall not assume responsibility for transporting any medication, whether prescription or over-the-counter, that belongs to a passenger.

18. A school bus driver shall not transport animals, insects, or reptiles in a school bus with the exception of service animals, as defined at A.R.S. § 11-1024(J), which assist disabled passengers.

19. Except for eyeglasses, a passenger or school bus driver shall not carry or transport glass objects on a school bus.

20. A school bus driver or passenger shall not carry on or transport in a school bus an explosive device, gun, knife, or other weapon as defined by school-district policy.

21. A passenger shall not place any part of the passenger's body out of a school bus window or door except when exiting the school bus.

22. When instruments or equipment related to musical or athletic events are transported on a school bus, the school bus driver shall transport them as follows:

a. Instruments or equipment shall not occupy seating space if needed for a passenger,

b. Instruments or equipment shall not be placed in the school bus driver's compartment or step-well of the school bus,

c. Instruments or equipment shall be under the passenger's control at all times or secured in the school bus, and

d. Instruments or equipment shall not block an aisle or emergency exit of the school bus at any time.

23. A passenger who carries onto a school bus an object other than an instrument or equipment related to musical or athletic events shall control the object at all times or secure the object in the school bus. If the passenger is not able to control or secure the object in the school bus, the passenger shall not carry the object onto the school bus.

24. A school bus driver shall ensure that all objects inside the school bus are under a passenger's control or secured in a manner that prevents the objects from causing physical injury to others or affecting the safe operation of the school bus.

25. A school bus driver shall not drive a school bus with a trailer or other vehicle attached to the school bus.

26. A school bus driver shall stop the school bus and check the wheels and tires for wear, damage, and inflation after every two continuous hours of driving.

27. All school buses shall have and school bus drivers shall use a two-way voice communication system. The two-way voice communication system shall only be used to assist the school bus driver with passenger transportation.

Except as provided in subsection (D)(27), a school bus driver shall not use audio headsets, earphones, earplugs, Bluetooth devices, cellular phones, personal digital assistants, or other interactive wireless devices, whether or not hands-free, when the school bus is in operation.

29. Except when complying with R13-13-108(D), if a school bus driver leaves the driver's compartment, the school bus driver shall set the parking-brake system, place a standard transmission in either first or reverse gear, place an automatic transmission in park or neutral, and turn off the ignition and remove the ignition key from an ignition that uses a key, or set the ignition power-deactivation switch of an ignition that does not use a key.

30. Each time a school bus driver unloads passengers and it appears that no passengers remain on the school bus, the school bus driver shall inspect the interior of the school bus for passengers remaining and objects left on the school bus. If the school bus is equipped with a child alert notification system as described in R13-13-106(6), the school bus driver shall complete all procedures required by the child alert notification system, in addition to the school bus driver's inspection of the interior of the school bus.

31. At least twice during every school year, a school shall conduct an evacuation drill of a school bus at the school that includes every passenger who rides a school bus and is in school on the day of the evacuation drill. At least 14 days before an evacuation drill, a school shall submit to the Department a written notice stating the date, time, and location of the evacuation drill. Each school bus driver shall participate in a minimum of two evacuation drills during every school year. Evacuation drills shall include:

a. Practice and instruction in the location, use, and operation of the emergency exits, fire extinguishers, first aid equipment, windows as a means of escape, and communication systems;

b. Practice and instruction in when and how to approach, load, unload, and move away from the school bus a minimum of 100 feet;

c. Instructions on how weather-related hazards affect emergency procedures; and

d. Instructions on the importance of orderly conduct.

32. A white, flashing, strobe lamp as described in R13-13-107(17)(f) may be used only during conditions that produce low visibility or that are hazardous.

33. An owner shall ensure that no lock, except as provided in R13-13-107(10)(h), is installed on any school bus emergency exit or service door.

A school bus driver shall ensure that nothing obstructs or interferes with the use of any school bus emergency exit or service door.

35. A school bus driver, passenger, or school administrator shall immediately report to the employer any violation of these rules or state statutes that the school bus driver, passenger, or school administrator reasonably believes threatens the health, safety, or welfare of a passenger.

E. Reports and recordkeeping:

1. Immediately following any accident involving a school bus, the school bus driver shall report the accident to the employer.

Immediately upon receiving notification of any accident involving a school bus, the employer shall notify the Department of the accident by telephone. The employer shall submit written verification of the accident to the Department within 72 hours of the telephone notification.

3. Immediately upon becoming aware of a violation of these rules or state statutes that a reasonable person could conclude caused injury to or threatened the health, safety, or welfare of a passenger, the employer shall notify the Department of the violation by telephone. The employer shall submit a written report of the violation to the Department within 72 hours of the telephone notification.

4. No later than 14 days after an evacuation drill, a school district shall submit to the Department a written report of the evacuation drill identifying the school district, participating school, date, and number of participants.

5. From the date on which a record is created, the employer shall maintain for three years the following written records for each school bus driver:

a. On a daily basis, the period of time each school bus driver is on-duty for the employer including the date, each start and quit time, and the total number of hours on-duty for the employer.

b. On a daily basis, the total number of hours on-duty for an entity other than the employer during the previous seven days.

A school bus driver who performs any compensated work for an entity other than the employer shall provide the employer, in writing, the name and telephone number of the entity and the number of hours the school bus driver works each day for the entity.

7. A school bus driver who receives a citation, whether on-duty or off-duty, shall immediately inform the employer by telephone about the citation and shall submit a copy of the citation to the employer within five days.

History

Adopted effective February 16, 1996 (Supp. 96-1). Amended by final rulemaking at 7 A.A.R. 2906, effective June 13, 2001 (Supp. 01-2). Amended by final rulemak-ing at 11 A.A.R. 557, effective March 5, 2005 (Supp. 05-1). Amended by final rulemaking at 14 A.A.R. 2110, effective May 8, 2008 (Supp. 08-2). New Section R13-13-104 recodified from R17-9-104 with Section cross-references revised, at 20 A.A.R. 2083, effective July 25, 2014 (Supp. 14-3).

Ariz. Admin. Code § R13-13-105 Special Needs Standards

A. General requirements:

1. A school bus introduced to Arizona on or after May 31, 2008 used for transporting disabled passengers shall comply with the minimum standards applicable to school buses and the specifications contained in this Section. A school bus introduced to Arizona before May 31, 2008 used for transporting disabled passengers shall comply with the minimum standards in this Section or shall be maintained in accordance with the manufacturer's original specifications.

2. Any school bus that is used for transporting a passenger who uses a wheelchair shall be equipped with a wheelchair lift.

3. A wheelchair lift shall be located on the side of the bus body opposite the school bus driver. The wheelchair lift shall not be attached to the exterior sides of the school bus and shall be confined within the school bus body when not extended.

4. Any school bus that is used for transporting disabled passengers shall be equipped with a belt cutter that is accessible only to the school bus driver. The belt cutter shall be secured in a location within reach of the school bus driver while belted into the driver's seat. The school bus may be equipped with additional belt cutters. Additional belt cutters shall be accessible only to the school bus driver or adult aides or attendants.

B. Special-service entrance:

1. A school bus used for transporting disabled passengers shall have a special-service entrance of a width and depth to accommodate a wheelchair lift. The special-service entrance shall have a minimum clear opening of 30 inches horizontally to allow for the passage of a wheelchair.

2. The special-service entrance shall be located on the side of the bus opposite the school bus driver and far enough to the rear of the school bus to prevent the special-service entrance door from obstructing the service door when the special-service entrance door is open.

3. A drip molding shall be installed above the special-service entrance to divert water from the special-service entrance.

4. The frame surrounding the special-service entrance shall provide support and strength at least equal to at the conventional service and emergency doors.

C. Special-service entrance doors:

1. A school bus used for transporting passengers in wheelchairs shall provide a special-service entrance door not to exceed 50 inches in width.

2. Two doors may be used for a special-service entrance on a school bus, if the doors are equipped with a positive latching mechanism to prevent accidental opening.

3. The special-service entrance door shall be constructed to open toward the exterior of the school bus. A Type A school bus is exempt from this provision if its special-service entrance door is provided by the school bus chassis manufacturer.

4. The special-service entrance door shall have a fastening device attached to the school bus body to hold the special-service entrance door in an open position.

5. The special-service entrance door shall be weather-sealed by a waterproof cushion affixed to the door or door frame.

6. Door materials, panels, and structural strength of a special-service entrance door shall be equivalent to the standards contained in R13-13-107 for a service door and an emergency door. Color, rub rail extensions, if installed, lettering, and all exterior features shall match adjacent sections of the school bus body.

7. The window in the special-service entrance door shall be made of safety glass, mounted in a waterproof manner that is equal to the mounting of the other windows, and aligned with the side windows of the school bus.

8. A pressure switch shall be installed in the special-service entrance door frame that will actuate a visible signal located in the school bus driver's compartment when the ignition is in the "on" position to warn the school bus driver when the special-service entrance door is not closed.

9. A switch shall be installed in the special-service entrance door frame so the wheelchair lift will not operate when the special-service entrance door is closed.

D. Wheelchair lift:

1. A wheelchair lift shall be capable of lifting a minimum load of 800 pounds.

2. When the wheelchair-lift platform is raised to the maximum position, it shall be held in position by the wheelchair-lift.

3. Controls shall be provided that enable an individual authorized by the school bus driver to activate the wheelchair lift from either inside or outside the school bus.

4. The wheelchair lift shall be equipped so it may be manually raised or lowered in the event of a power failure to the wheelchair lift.

The wheelchair lift shall contain a safety device to prevent the wheelchair-lift platform from falling.

6. The wheelchair lift shall be constructed so it allows the wheelchair-lift platform to rest completely on the ground.

7. All edges of the wheelchair-lift platform shall be designed to restrain the wheelchair and prevent the feet of an individual in the wheelchair from becoming caught during the raising or lowering process.

A barrier shall be attached along the outer non-loading edges of the wheelchair-lift platform that will prevent the wheelchair from rolling off the wheelchair-lift platform when the wheelchair-lift platform is placed in any position other than completely extended on ground level.

9. A self-adjusting, skid-resistant plate shall be installed on the loading edge of the wheelchair-lift platform to reduce the incline from the wheelchair-lift platform to ground level. This plate shall be used as a restraining barrier on the loading edge of the wheelchair-lift platform. The wheelchair-lift platform shall be skid-resistant.

10. A school bus may be provided with a battery to be used exclusively to operate the wheelchair lift. If a battery is installed for this purpose, an appropriate size circuit breaker meeting the wheelchair lift manufacturer's specifications shall be installed between the battery and the wheelchair lift motor. The circuit breaker shall be located as close to the power source as possible, but not within the school bus driver's compartment.

11. The wheelchair lift shall be equipped with an adjustable switch that limits the electrical power to the wheelchair-lift motor and a bypass valve to prevent pressure from building in the hydraulic system when the wheelchair-lift platform reaches the maximum up or down position.

12. A ramp may be carried on a school bus for use during an occurrence that requires evacuating the school bus. The ramp shall not be stored within the passenger compartment of the school bus.

E. Wheelchair and wheelchair-passenger securement:

1. Each wheelchair in a school bus shall be secured in a forward-facing position. Medical equipment and supplies required to accommodate a disabled passenger shall be secured in a school bus by means of alterations approved by the Department in accordance with R13-13-108(G).

2. Each wheelchair-securement system location in a school bus shall have a minimum clear floor area of 30 inches in width from the interior school bus wall to the aisle and a minimum of 48 inches in length. A wheelchair shall not be placed in a position that prevents passage through the special-service entrance.

3. Each wheelchair-securement system shall have four full-length tracks, with an L-track four-point tie-down configuration.

4. The wheelchair-securement system shall provide a minimum of four wheelchair-securement anchorages attached to the school bus floor with a minimum of two anchorages located at the rear of the space designated for a wheelchair and a minimum of two anchorages located at the front of the space.

5. The wheelchair-securement system shall provide a minimum of one wheelchair-securement device located in each of the rear anchorages and a minimum of one wheelchair-securement device located in each of the front anchorages.

6. A wheelchair space shall have a minimum of one wheelchair-passenger shoulder restraint anchorage attached to the interior wall of the school bus and a minimum of two wheelchair-passenger restraint anchorages located at the rear of the space.

7. Each wheelchair space shall have one wheelchair-passenger restraint. A school bus equipped with a wheelchair-passenger restraint shall have the following information available on the school bus:

a. A telephone number where information may be obtained about installation, repair, and parts; and

b. Instructions regarding use of the restraint, including a diagram showing the proper placement of the wheelchair and positioning of securement devices and occupant restraints, including correct belt angles.

F. Dome light: A dome light shall be placed in the interior ceiling of the school bus to illuminate the wheelchair lift area. The dome light shall be activated by a pressure switch located in the special-service entrance door or by a manually operated switch located in the interior of the school bus no more than one foot from the special-service entrance door. This switch shall be used exclusively for the dome light.

G. Aisles: All aisles leading to an emergency door from any wheelchair space shall be a minimum of 30 inches in width. The emergency door opening shall be a minimum of 30 inches in width.

H. Seating arrangements: All fixed seats in a special-needs school bus shall be forward facing.

I. Emblems: A school bus used for transporting disabled passengers shall display two International Symbol of Accessibility emblems. One emblem shall be placed below the upper window on the emergency door or below the window on the special-service entrance door, and the second emblem shall be placed below the windshield on the side of the bus or on the bumper opposite the school bus driver. The emblems shall be made of blue, reflective material and be a minimum of 6 inches and a maximum of 12 inches in width and height and shall contain a reflective white wheelchair impression with a minimum of 1/8 inch reflective white border around the outer edges of the emblems.

J. Types A and B school buses used to transport disabled passengers shall comply with the specifications contained in this Section except:

1. A ramp may be installed in place of a wheelchair lift;

2. If a ramp is used, it shall be of a strength and rigidity to support a wheelchair, passenger, and an individual attending the wheelchair passenger. The ramp shall be equipped with a barrier on each longitudinal side to prevent the wheelchair from leaving the ramp;

3. The floor of the ramp shall be covered with nonskid material; and

4. A ramp shall not be carried in the passenger compartment of a school bus.

History

Amended by final rulemaking at 21 A.A.R. 3211, effective 1/24/2016.

Ariz. Admin. Code § R13-13-106 Minimum Standards for School Bus Chassis

The chassis of a school bus introduced to Arizona on or after May 31, 2008 shall meet the requirements of this Section. The chassis of a school bus introduced to Arizona before May 31, 2008 shall meet the requirements of this Section or shall be maintained in accordance with the manufacturer's original specifications.

1. Air cleaner: An engine intake air cleaner shall be installed in the school bus that meets engine specifications defined by the school bus manufacturer.

Axles: The front and rear axles and suspension assemblies shall have a gross axle weight rating consistent with that stated by the chassis manufacturer on a notice located in the school bus driver's compartment.

3. Back-up alarm: If installed, an alarm that emits a warning sound when the school bus is backing shall conform to the following:

a. The alarm-signaling device shall be of electronic, solid state design and shall emit an audible sound of a minimum of 97 dB(A) measured at 4 feet, 0° access from the source of the sound.

b. The alarm-signaling device shall be wired into the backup light circuits and shall emit sound automatically when the gear shift lever is in "reverse" position.

c. The alarm-signaling device shall be attached to the school bus chassis or body behind the rear axle.

4. Brakes:

a. A school bus with a manufacturer-designed passenger capacity of 60 or less shall be equipped with a service-brake system that uses compressed air or hydraulic assist.

b. A school bus with a manufacturer-designed passenger capacity greater than 60 shall be equipped with a service- brake system that uses compressed air.

c. In addition to the service-brake system, a school bus shall be equipped with a parking-brake system to keep the school bus from moving when parked.

d. The service brakes in a compressed-air system shall be adjusted using the following criteria:

| Type | Outside Diameter of Air Chamber | Brake Adjustment Limit | | --- | --- | --- | | 6 | 4 1/2 inches | 1 1/4 inches | | 9 | 5 1/4 inches | 1 3/8 inches | | 12 | 5 11/16 inches | 1 3/8 inches | | 16 | 6 3/8 inches | 1 3/4 inches | | 20 | 6 25/32 inches | 1 3/4 inches | | 24 | 7 7/32 inches | 1 3/4 inches | | 30 | 8 3/32 inches | 2 inches | | 36 | 9 inches | 2 1/4 inches |

e. The service brakes in a "long stroke" clamp type brake system shall be adjusted using the following criteria:

| Type | Outside Diameter of Air Chamber | Brake Adjustment Limit | | --- | --- | --- | | 12 | 5 11/16 inches | 1 3/4 inches | | 16 | 6 3/8 inches | 2 inches | | 20 | 6 25/32 inches | 2 inches | | 24 | 7 7/32 inches | 2 inches | | 24* | 7 7/32 inches | 2 1/2 inches | | 30 | 8 3/32 inches | 2 1/2 inches |

*For 3" maximum stroke type 24 chambers

f. The service-brake system in a compressed-air system shall contain an emergency-brake system that will activate when the air loss in the service-brake system reaches 20 to 40 pounds per square inch.

g. A school bus using a compressed-air or hydraulic-assist service-brake system shall be equipped with a signal located in the school bus driver's compartment that emits a continuous audible or visible warning to the school bus driver when:

i. The air pressure available in a compressed-air braking system is 60 pounds per square inch or less, or

ii. There is a loss of fluid flow from the main hydraulic pump or loss of electric source powering the back-up system in a hydraulic-assist system.

h. A school bus using a compressed-air service-brake system shall be equipped with one or two illuminated gauges located in the school bus driver's compartment that show the pounds per square inch of compressed air available for the operation of the brake.

i. A compressed-air brake system with a dry reservoir shall have a one-way valve that will prevent the loss of compressed air between the dry reservoir and the source of compressed air.

j. A brake system with a wet reservoir shall have a valve located at the bottom of the wet reservoir that operates automatically or can be operated remotely or manually to eject the moisture from the reservoir.

k. Compressed-air or hydraulic-assist brake lines and booster-assist lines shall be installed in a manner that prevents heat, vibration, and chafing damage.

l. The brake systems of Types C and D school buses shall be installed so the chassis components can be visually inspected to detect brake lining wear without removal of any of the chassis components.

Front bumper: The front bumper shall be positioned at the forward-most part of the school bus and extend to the outer edges of the school bus.

6. Child alert notification system: A school bus may be equipped with an electronic or mechanical child alert notification system. If a school bus is equipped with a child alert notification system, the device shall be installed in a manner that does not interfere with any other existing operating or electrical component. A child alert notification system in a school bus shall not have an override or bypass capability.

7. Clutch: The clutch torque capacity shall be equal to or greater than the engine torque output.

8. Color: The chassis, including wheels and front bumper, shall be painted black. The hood and fenders shall be painted National School Bus Yellow as described in R13-13-107(6).

9. Cooling system: A school bus shall be equipped with a cooling system that maintains the engine temperature operating range required to prevent damage to the school bus engine.

10. Drive shaft: Each section of the drive shaft to the rear driving axle shall be protected by a metal guard around its circumference to reduce the possibility of the drive shaft penetrating through the school bus floor or dropping to the ground.

11. Electrical system:

a. Battery:

i. The battery shall have a minimum cold-cranking capacity rating equal to the cranking current required by the engine for 30 seconds at 0° F. and a minimum reserve capacity rating of 120 minutes at 25 amperes.

ii. The battery shall have a higher capacity than specified in subsection (11)(a)(i) if optional equipment installed on the school bus requires the higher capacity.

iii. Because all batteries are to be secured in a sliding tray in the bus body as required by R13-13-107, chassis manufacturers shall mount batteries temporarily on the chassis frame, except that a van conversion or cutaway front-section chassis may be secured in accordance with the manufacturer's standard configuration. However, in all cases the battery cable provided with the chassis shall have sufficient length to allow some slack, and shall be of sufficient gauge to carry the required amperage.

b. Alternator:

i. All alternators shall conform to the recommended practices of Standard J180, January 2002 (no later amendments or editions) published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001, which is incorporated by reference and on file with the Department.

ii. All Type A-2 and Type B buses with a GVWR of 15,000 pounds or less shall have an alternator with a minimum of 130 amps.

iii. All Type A-2 and Type B buses with a GVWR over 15,000 pounds, and all Type C and D buses shall be equipped with a heavy-duty truck or bus-type alternator meeting Standard J180, which is incorporated by reference in subsection (b)(i), having a minimum output rating of 130 amps, and shall produce a minimum current output of 50% of the rating at engine idle speed. The alternator may be either pad-mounted or hinge-mounted.

iv. Buses equipped with an electrically powered wheelchair lift or air conditioning may be equipped with a device that monitors the electrical system voltage and advances the engine idle speed when the voltage drops to, or below, a preset level.

v. A belt-driven alternator shall be capable of handling the rated capacity of the alternator with no detrimental effect on any other driven components.

vi. A direct-drive alternator may be installed instead of a belt-driven alternator.

vii. If the school bus is equipped with an air conditioning system, the alternator shall have a minimum charging rate of 160 amperes per hour.

viii. The alternator on a school bus shall contain a regulator to control the voltage to the battery.

c. Wiring:

i. All wiring shall conform to the recommended practices of Standard J1292, October 1981 (no later amendments or editions), published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001, incorporated by reference and on file with the Department.

ii. All wiring shall use a standard color or number coding and each chassis shall contain a wiring diagram that details the wiring of the chassis.

iii. The chassis shall be equipped with a connection to provide electrical power to the school bus. The connection shall be located on the chassis cowl or on the engine compartment of a school bus designed without a chassis cowl. The connection shall contain terminals for the main 100 ampere body circuit, tail lamps, right-turn signal, left-turn signal, stop lamps, backup lamps, and instrument panel lights. The instrument panel lights shall have a rheostat control.

12. Engine horsepower: The gross vehicle weight rating of a school bus shall not exceed 185 pounds for each engine horsepower as published by the manufacturer on a notice located on the school bus engine.

13. Exhaust system:

a. The exhaust pipe, muffler, and tailpipe shall be located under the school bus body and attached to the chassis.

b. The tailpipe shall be constructed of a corrosion-resistant tubing material at least equal in strength and durability to 16-gauge steel tubing.

c. The exhaust system on a gasoline-powered chassis shall be insulated from the fuel tank and fuel tank connections by a shield at any point where the exhaust system is 12 inches or less from the fuel tank or fuel tank connections.

14. Frame:

a. A school bus frame shall be of a design and strength capable of supporting the gross vehicle weight of the school bus.

b. A school bus frame shall not be altered for any purpose.

c. Holes in top or bottom flanges of frame rails are not permitted except as provided by the manufacturer. There shall be no welding to the frame rails except by the chassis or body manufacturer or the manufacturer's certified agent.

d. The school bus frame shall not be cracked, loose, sagging, or broken.

e. Brackets securing the cab or the body of the school bus to the frame shall not be loose, broken, or missing.

f. The frame rail flanges shall not be bent, cut, or notched, except as specified by the manufacturer.

g. All accessories mounted to the school bus shall be secured as specified by the manufacturer.

h. Holes shall not be drilled in the top or bottom rail flanges, except as specified by the manufacturer.

15. Front fenders of a Type C school bus: The outer edges of the front fenders shall be wider than the outer edges of the front tires when the front wheels are in the straight-ahead position.

16. Fuel system:

a. The fuel tank shall be vented to the outside of the school bus body so fuel spillage will not contact any part of the exhaust system.

b. On a Type B, Type C, or Type D school bus, no portion of the fuel system that is located outside of the engine compartment, except the filler tube, shall extend above the top of the chassis frame.

c. A fuel filter with replaceable element shall be installed between the fuel tank and engine.

d. The fuel line that supplies fuel to the engine shall be located at the top of the fuel tank.

17. Horn: A school bus shall be equipped with at least one horn capable of producing a sound level between 82 and 102 dB(A) when tested according to the Standard J377, March 2001 (no later amendments or editions) published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001, incorporated by reference and on file with the Department.

18. Instruments and instrument panel:

a. The chassis shall be equipped with the following instruments:

i. Speedometer;

ii. Odometer that will give accrued mileage to seven digits, including tenths of miles;

iii. Voltmeter or ammeter;

iv. Oil pressure gauge;

v. Water temperature gauge;

vi. Fuel gauge;

vii. Upper beam head lamp indicator;

viii. Brake system signal as required by R13-13-106(4)(f) ;

ix. Turn signal indicator; and

x. Air pressure or hydraulic gauge.

b. The instruments shall be mounted on the instrument panel in the school bus driver's compartment and visible to the school bus driver while seated in the driver's seat.

c. The instrument panel shall be equipped with a rheostat switch that controls the illumination to the instrument panel and the gear shift selector indicator.

19. Oil filter: A replaceable element or cartridge-type oil filter shall be provided with a minimum capacity that meets or exceeds the capacity recommended by the manufacturer of the school bus engine.

20. Openings: All openings in the floorboard and in the fire wall between the chassis and passenger compartment shall be sealed.

Splash guards:

a. A school bus shall be equipped with rear fender splash guards constructed of flexible rubberized material.

b. The splash guards shall be wide enough to cover the tire tread width, installed close enough to the tire tread surface to control side-throw of road surface material, and extend to within 8 inches of ground level.

22. Steering system:

a. Power steering is required on all school buses manufactured after January 1, 1984.

b. Bracing extending from the center of the steering wheel to the steering wheel ring shall not be cracked or missing.

c. The distance of movement of the steering wheel between two points of resistance shall not be greater than the following when measured with the engine running:

| Steering wheel diameter | Power steering | Manual steering | | --- | --- | --- | | 16 in. or less | 6 3/4 inches | 4 1/2 in. | | 18 in. | 7 1/8 inches | 4 3/4 in. | | 20 in. | 7 7/8 inches | 5 1/4 in. | | 22 in. | 8 5/8 inches | 5 3/4 in. |

d. There shall be clearance of at least 2 inches between the steering wheel and any object in the driver's compartment.

e. A non-adjustable steering column shall be fastened in a fixed position. An adjustable steering column shall be equipped with a locking mechanism.

f. The steering gear housing shall not have loose or missing mounting bolts. There shall not be cracks in the gear housing or its mounting brackets.

g. The connecting arm on the steering gear power source shall not be loose.

h. The steering wheel shall turn freely in both directions.

i. The steering system shall have a means for lubrication of all wear-points.

23. Suspension:

a. Shock absorbers:

i. A school bus shall be equipped with front and rear double-acting shock absorbers. Replacements to shock absorbers shall be made according to the specifications of the manufacturer's part number as stamped on the shock absorber.

ii. If a school bus is manufactured with tandem rear axles, rear shock absorbers are not required.

b. Suspension system:

i. Capacity of suspension assemblies shall be commensurate with the chassis manufacturer's gross vehicle weight rating.

ii. If leaf-type rear springs are used, they shall be a progressive rate or multi-stage design.

Tires and wheels:

a. Tires and wheels shall have an accumulated load rating at least equal to the gross vehicle weight rating.

b. Dual rear tires shall be provided on all school buses that have a gross vehicle weight rating of more than 10,000 pounds.

c. Each tire on a particular axle shall be the same size.

d. All tires on a school bus shall be bias or all tires on a school bus shall be radial and shall not differ more than one size between front and rear axles.

e. On a Type C or D school bus, a spare tire, if present, shall be in a carrier mounted outside the passenger compartment.

Transmission: The school bus transmission shall have no fewer than three forward speeds and one reverse speed.

26. Turning radius:

a. A chassis with a wheelbase of 264 inches or less shall have a right and left turning radius of not more than 42 1/2 feet, as measured to the edge of the front tire at the outside of a circle as the school bus moves within the circle.

b. A chassis with a wheelbase of more than 264 inches shall have a right and left turning radius of not more than 44 1/2 feet, as measured to the edge of the front tire at the outside of a circle as the school bus moves within the circle.

27. Weight:

a. The gross vehicle weight of a school bus shall not exceed the chassis manufacturer's gross vehicle weight rating for the chassis as recorded on a notice located in the school bus driver's compartment.

b. To calculate the gross vehicle weight of a school bus, add the chassis weight, the school bus body weight, the school bus driver's weight, and the total seated passenger weight.

i. For the purpose of calculation, the school bus driver's weight is 150 pounds.

ii. For the purpose of calculation, the passenger weight is 120 pounds per seated passenger.

c. The weight distribution of a school bus on a level surface that is fully loaded according to the gross vehicle weight rating shall not exceed the front axle gross weight rating or rear axle gross weight rating as recorded on a notice located in the school bus driver's compartment.

History

Amended by final rulemaking at 21 A.A.R. 3211, effective 1/24/2016. Amended by final rulemaking at 24 A.A.R. 2267, effective 7/24/2018.

Ariz. Admin. Code § R13-13-107 Minimum Standards for School Bus Body

The body of a school bus introduced to Arizona on or after May 31, 2008 shall meet the requirements of this Section . The body of a school bus introduced to Arizona before May 31, 2008 shall meet the requirements of this Section or shall be maintained in accordance with the manufacturer's original specifications.

1. Air conditioning system: The school bus may be installed with an air conditioning system. If installed, the air conditioning system shall:

a. Be of a mechanical vapor compression refrigeration type;

b. Be manufactured to conform to the requirements of Standard J639, June 2005 (no later amendments or editions) published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001, incorporated by reference and on file with the Department;

c. Have sufficient power for simultaneous cooling, circulating, and dehumidifying the air;

d. Be provided with refrigerant that is nontoxic, nonflammable, and non-explosive;

e. Have all power and grounding installed according to the manufacturer's specifications; and

f. Have exhaust system exit from the rear of the vehicle, and extend to, but not more than 2 inches beyond the outer edge of the rear bumper.

Aisle:

a. The center aisle of a school bus shall have a clearance of not less than 12 inches at the bottom of the seat cushion, increasing to 15 inches at the top of the seat backs.

b. Aisles to side emergency doors shall have a minimum clearance of 12 inches which may be achieved by using flip-up type seats.

3. Auxiliary fan:

a. An auxiliary fan, if installed, shall be placed in a location that does not obstruct the school bus driver's view of any mirror located on the school bus.

b. An auxiliary fan, if installed, shall have a 6-inch nominal diameter, with the fan blades covered by a protective cage.

c. Each installed auxiliary fan shall be controlled by a switch that is independent of any other electrical system.

4. Battery:

a. A battery shall be secured to a slide-out or swing-out tray in a vented compartment in the school bus body, so the battery is accessible to the outside for servicing. If the battery compartment has a door that is not removable, the door shall be secured by a fastening device when the door is in a closed position. If the battery compartment has a removable cover, the cover shall be secured by a fastening device when the cover is in place.

b. The word "Battery" shall be printed in unshaded black letters that are no more than 2 inches in height on the battery-compartment door or cover or immediately above the battery-compartment door or cover.

c. Buses with a battery located under the engine hood are exempt from these provisions.

5. Belt cutter: A school bus with passenger seat belts shall be equipped with a belt cutter having a full width handgrip and a protected, replaceable or non-corrodible blade. The belt cutter shall be mounted in a location accessible to the seated driver, and in an easily detachable manner. The belt cutter shall be accessible only to the school bus driver.

6. Color:

a. A school bus body shall be painted National School Bus Yellow according to the following specifications and tolerances:

| Description | Reflectance | Chromaticity | | | --- | --- | --- | --- | | Y | X | Y | | | Centroid | 41.5% | .5139 | .4434 | | V+ Light Limit | 42.9% | .5139 | .4427 | | V- Dark Limit | 39.8% | .5133 | .4422 | | H+ Green Limit | 41.6% | .5123 | .4368 | | H- Red Limit | 41.7% | .5168 | .4489 | | C+ Vivid Limit | 41.5% | .5188 | .4457 | | C- Weak Limit | 41.5% | .5095 | .4405 |

b. The bumpers, lamp hoods, lettering, and rub rails on a school bus body shall be black.

7. Crossing control arm:

a. A school bus may be equipped with a crossing control arm. If installed, all components and all connections of the crossing control arm shall:

i. Meet the requirements set forth in Standard J1133, November 2004 (no later amendments or editions) published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001, incorporated by reference and on file with the Department;

ii. Be mounted on the right side of the front bumper;

iii. When opened, extend in a line parallel to the body side and aligned with the right side wheel;

iv. Be weatherproofed;

v. Incorporate system connectors (electrical, vacuum, or air) at the gate and be easily removable to allow for towing of the school bus;

vi. Be constructed of non-corrodible or nonferrous material, or treated in accordance with the school bus body sheet metal specification;

vii. Have no sharp edges or projections that could cause injury or be a hazard to students;

viii. Be rounded at the end of the crossing control arm;

ix. Extend approximately 70 inches (measured from the bumper at the arm assembly attachment point) when in the extended position;

x. Not extend past the end of the bumper when in the stowed position;

xi. Extend simultaneously with the stop signal arm, activated by the stop signal arm control; and

xii. Include a device attached to the bumper near the end of the arm to automatically retain the arm while in the stowed position. The device shall not interfere with the normal operations of the crossing control arm.

b. An automatic recycling interrupt switch may be installed for temporarily disabling the crossing control arm.

8. Defrosters:

a. Defrosting and defogging equipment shall direct a flow of heated air onto the windshield, the window to the left of the driver, and the glass in the viewing area directly to the right of the driver to eliminate frost, fog, and snow.

b. The defrosting system shall conform to Standards J381 September 2000 (no later amendments or editions) and J382, September 2000 (no later amendments or editions), both published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001 incorporated by reference and on file with the Department.

c. An auxiliary fan shall not to be used in place of a defrosting and defogging system.

d. A portable heater shall not be used in place of a defrosting or defogging system.

9. Electrical wiring:

a. All electrical wiring on a school bus shall conform to the standards contained in Standard J1292, October 1981 (no later amendments or editions), published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001 and incorporated by reference and on file with the Department.

b. Electrical wiring that is coded by color shall be coded as follows:

i. Left Rear Directional Light: Yellow

ii. Right Rear Directional Light: Dark Green

iii. Stoplights: Red

iv. Back-up Lights: Blue

v. Taillights: Brown

vi. Ground: White

vii. Ignition Feed, Primary Feed: Black

c. Circuits: Electrical wiring circuits shall be protected by a fuse, circuit breaker, or Field Effect Transistor and shall be coded by number or color on an electrical wiring diagram located in the driver's compartment or the electrical access panel door. There shall be at least seven circuits as follows:

i. Head, tail, stop, and instrument panel lamps;

ii. Clearance and step-well lamps;

iii. Dome lamps;

iv. Ignition and emergency door signal;

v. Turn signal lamps;

vi. Alternately flashing signal lamps; and

vii. Heaters and defrosters.

d. All electrical wires passing through metal openings shall be protected by a non-metal grommet.

e. Electrical wires not enclosed within the school bus body shall be fastened at intervals of not more than 18 inches.

10. Emergency exits: A door, push-out window, or roof hatch used as an emergency exit shall conform to the following:

a. On the inside and outside of a school bus, the words "EMERGENCY EXIT" or "EMERGENCY DOOR" shall be printed in black, unshaded letters at least 2 inches high above an emergency door or push-out window and at least 1 inch high on a roof hatch.

b. Each emergency exit shall open toward the exterior of the school bus and shall be labeled within 6 inches of the interior release mechanism with black lettering at least 3/8 of an inch high instructing how the exit is to be opened.

c. On a Type A school bus with double rear doors used as emergency exits, the rear doors shall be secured with upper, center, and lower latches to the door frame.

d. The upper portion of each door used as an emergency exit shall be equipped with a window made of safety glass with an area not less than 400 square inches. A door located in the rear end of the school bus used as an emergency exit shall also contain a lower window panel of safety glass of not less than 350 square inches. A Type A school bus that contains double rear doors used as emergency exits is exempt from this provision.

e. There shall be no steps on the outside of the school bus leading to an emergency exit.

f. A header pad filled with a material to protect against injury shall be attached to the top edge of the frame of a door used as an emergency exit. The header pad shall be a minimum of 3 inches wide and 1 inch thick and extend the full width of the door opening.

g. Each emergency exit shall be equipped with a latch that opens from the inside of the school bus and is connected to an electrical buzzer audible in the driver's compartment that actuates when the latch is being released.

h. Except for interlock/barrel bolt devices, if a lock is installed on an emergency exit, the lock shall be secured only by using a key and shall deactivate the ignition system of the school bus when locked.

11. Emergency equipment:

a. All emergency equipment shall be mounted in the driver's compartment or adjacent to either side of the service entrance and shall be readily accessible. If the emergency equipment is mounted within a closed compartment, the compartment shall be clearly labeled as containing the emergency equipment.

b. Fire extinguisher:

i. A school bus shall be equipped with a minimum of one 5-pound pressurized, dry, chemical fire extinguisher of a type rated not less than 2A-10-BC by the Underwriter's Laboratories, Inc., as described by the National Fire Protection Association, Inc., One Batterymarch Park, Quincy, MA 02269, in NFPA 10: Standard for Portable Fire Extinguishers, published in 2006 (no later amendments or editions), incorporated by reference and on file with the Department.

ii. A pressure gauge shall be mounted on the fire extinguisher to be readable in its mounted position.

iii. The operating mechanism of the fire extinguisher shall be sealed with a type of seal that will not interfere with the use of the fire extinguisher.

c. Warning devices: A school bus shall have a minimum of three reflective triangle road-warning devices that comply with the standards at 49 CFR 571.125, October 2006 (no later amendments or editions), published by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference and on file with the Department.

12. Floor:

a. The floor beneath the seats, including the tops of the wheel housings and the floor in the driver's compartment, shall be covered with fire-resistant floor-covering material having a minimum overall thickness of .10 inch.

b. The aisle floor shall be covered with a fire-resistant ribbed or non-skid floor-covering material with a minimum thickness of .10 inch.

c. The floor-covering material shall be bonded to the floor with a waterproof adhesive and shall not crack when subjected to changes in air temperature.

13. Handrail: A handrail at a school bus service entrance shall be secured to the school bus wall in a manner that causes the crevice formed by the distance between the handrail and the wall to pass the inspection procedure described by the National Highway Traffic Safety Administration, Washington, D.C. 20590, in School Bus Safety Assurance Program Recall Listing: January 1991 Through June 1996 (no later amendments or editions), incorporated by reference and on file with the Department.

14. Heating system:

a. Heaters shall be of the hot-water type.

b. The heating system shall be capable of maintaining bus interior temperatures as specified in the procedure set forth in Standard J2233, June 2002 (no later amendments or editions), published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001, incorporated by reference and on file with the Department.

c. A minimum of one heater shall be a fresh-air or combination fresh-air and recirculating-air type.

d. If more than one heater is used, additional heaters may be of recirculating-air type.

e. All heater hoses shall be secured in all areas of the school bus body and chassis to prevent wear due to vibration. Heater lines in the interior of the bus shall be covered by a protective shield to prevent scalding of the driver or passengers.

f. Except on Type A school buses, the heater system shall include shutoff valves installed at the engine in the water pressure lines and return lines.

15. Identification:

a. Only signs, lettering, and objects approved by state law or these rules shall appear on the interior or exterior of a school bus, including all glass areas.

b. Each school bus owned by a school or a private company shall display either the name of the school and school number, if any, or the name of the private company on each exterior side of the school bus between the rub rails at the center line and seat cushion levels in black unshaded letters that are at least 5 inches in height. Additionally, a school bus owned by a private company that displays the name of the school and school number as described above, may display the company's name on each exterior side of the school bus below the floor line in black unshaded letters that are a maximum of 2 inches in height.

c. An identification number assigned to a school bus by an owner shall be placed on the front and rear bumpers of the school bus and on each exterior side of the school bus below the floor line rub rail and forward of the cen-terline of the school bus. The identification number on each bumper shall be National School Bus Yellow. The identification number on each exterior side shall be black. Each identification number shall be a minimum of 5 inches in height.

d. In addition to an identification number, a school bus may be identified by an emblem placed on the loading side of the front bumper or the exterior wall of the loading side below the floor line rub rail and forward of the center line of the school bus, or both. The emblem shall be painted or decaled on or attached to a magnetic backing.

e. In addition to an identification number, a school bus may display a route identification sign. If displayed, the route identification sign shall:

i. Be installed with a heavy duty Velcro, magnetic, screw-type or similar fixture;

ii. Be a minimum of 5 inches in height; and

iii. Be located on a flat surface of the bus body, excluding glass.

16. Interior: If the ceiling is constructed with overlapping panels, the first panel placed in the ceiling shall be overlapped by the following panel and each panel shall consecutively overlap to the rear end of the school bus. Exposed edges in the interior of the school bus shall be beaded, hemmed, flanged, or rounded to eliminate sharp edges.

17. Lamps and signals:

a. All lamps on the exterior of a school bus shall conform to the provisions contained in 49 CFR 393.9 et seq. of the Federal Motor Carrier Safety Regulations, October, 2006 (no later amendments or editions) published at the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference and on file with the Department.

b. Interior lamps shall be provided that illuminate the center aisle and step well.

c. Alternately flashing signal lamps:

i. When a school bus is equipped with a four-lamp system, the system shall consist of two red alternately flashing signal lamps located one on the left and one on the right above the rear windows of the school bus and two red alternately flashing signal lamps located one on the left and one on the right above the windshield.

ii. When a school bus is equipped with an eight-lamp system, the four red alternately flashing signal lamps shall be installed as described in subsection (14)(c)(i) and the four amber alternately flashing signal lamps shall be installed as follows: one amber alternately flashing signal lamp shall be located adjacent to each red alternately flashing signal lamp, at the same level, but closer to the vertical centerline of the school bus. The system of red and amber alternately flashing signal lamps shall be wired so the amber alternately flashing signal lamps are activated manually and the red alternately flashing signal lamps are activated automatically or manually.

iii. Except for LED lamps, each alternately flashing signal lamp shall be covered by a lamp hood.

d. Turn signal and stop lamps:

i. Except as provided in subsections (17)(d)(iii) and (17)(d)(iv), all school buses shall be equipped with amber side-mounted turn signals. The turn signal lamp on the left side of the bus may be mounted rearward of the stop signal arm and the turn signal lamp on the right side may be mounted rearward of the entrance door.

ii. Except on Type A school buses, a school bus body shall be equipped with rear turn signal lamps that are at least 7 inches in diameter, or if the lamp shape is other than round, a minimum of 38 square inches of illuminated area. The lens area of the rear turn signal lamps on Type A school buses shall be at least 21 square inches. The rear turn signal lamps shall be connected to the hazard warning switch located in the driver's compartment to allow the school bus driver to activate simultaneous flashing of turn signal lamps when needed as a traffic hazard warning. The rear turn signal lamps shall be located to the far left and right sides of the flat surface of the rear of the school bus body and below the rear window.

iii. A Type C school bus may have a double-faced turn signal lamp that is visible from the front and rear of the school bus and mounted on the tops or sides of both front fenders or may have a turn signal lamp mounted on the left and right sides of the grill and may have a turn signal lamp mounted on each side of the school bus body between the window line and the second rub rail and forward of the vertical centerline.

iv. A Type D school bus may have a turn signal lamp mounted at the front of the school bus body above each head lamp and may have a turn signal lamp mounted on each side of the school bus body between the window line and second rub rails and forward of the vertical centerline of the school bus.

v. A 7 inch diameter stop lamp, or if the lamp shape is other than round, a stop lamp with a minimum of 38 square inches of illuminated area shall be located toward the centerline and adjacent to each of the rear turn signal lamps.

e. Backup lamps: A school bus shall be equipped with two backup lamps with clear lenses, located one on the right and one on the left rear panels below the rear windows.

f. White flashing strobe lamp: If used on a school bus, a strobe lamp shall have a single clear lens that emits light 360 degrees around its vertical axis and shall be located on the longitudinal centerline of the school bus roof 1/ 3 to 1/2 of the distance forward from the rear of the school bus body unless this placement restricts the view of the strobe lamp.

i. If the view of the strobe lamp is restricted when the strobe lamp is located 1/3 to 1/2 of the distance forward from the rear of the school bus body, the strobe lamp may be mounted immediately to the rear of the roof hatch.

ii. The strobe lamp shall be controlled by a manual switch located in the driver's compartment.

iii. A pilot lamp shall be located in the driver's compartment to show the school bus driver that the strobe lamp is activated.

18. Mirrors:

a. Interior mirror: The interior mirror shall be made of either laminated glass or glass bonded to a backing that will retain the glass in the event of breakage. The interior mirror in Types B, C, and D school buses shall be a minimum of 6 inches in height and 30 inches in length surrounded by a frame with rounded corners. The interior mirror in Type A buses shall be a minimum of 6 inches in height and 16 inches in length.

b. Exterior mirrors: A school bus shall comply with the requirements contained in 49 CFR 571.111, October 2006 (no later amendments or editions), published at the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference and on file with the Department.

19. Noise suppression switch: A school bus shall be equipped with a manual noise suppression switch. Identification shall be provided on or adjacent to the switch, in order to clearly state its purpose and distinguish it from other controls. This switch shall be an on-off type that deactivates body equipment that produces noise, including, at least, the AM-FM radio, heaters, air conditioners, fans, and defrosters. This switch shall not deactivate safety systems, such as windshield wipers or lighting systems.

20. Overall length: The overall length of a school bus shall not exceed 45 feet including accessories.

21. Overall width: The overall width of a school bus shall not exceed 102 inches excluding mirrors.

22. Rear bumper:

a. The rear bumper shall be made of a minimum of 3/16 inch thick pressed steel that is a minimum of 8 inches in total height.

b. The rear bumper shall be wrapped around the back corners of the bus and shall extend toward the front of the school bus for at least 12 inches as measured from the rear-most point of the school bus body at the floor line.

c. The rear bumper shall be attached to the chassis frame and braced to support the rear corners of the bumper.

d. The rear bumper shall extend at least 1 inch beyond the rear-most part of the school bus body as measured at the floor line.

e. The rear bumper shall not be equipped with footholds or handles.

f. A Type A school bus equipped with the chassis manufacturer's rear bumper is exempt from subsections (22)(a) through (22)(c).

23. Restraining barrier:

a. The restraining barrier shall be a minimum of 38 inches high as measured from the interior floor of the school bus to the top of the restraining barrier.

b. The restraining barrier shall be the same width as the seat directly behind the restraining barrier.

24. Rub rails:

a. There shall be no fewer than two rub rails located on a school bus as follows:

i. One rub rail shall be located on each side of the school bus approximately at seat cushion level and shall extend from the rear post of the service door frame completely around the school bus body, excluding the emergency door, to the front post of the school bus driver's window.

ii. One rub rail shall be located on each side of the school bus approximately at the floor line and shall extend from the rear post of the service door frame to the rear corner post of the school bus body and from the front post of the school bus driver's window to the rear corner post on the driver's side

b. Rub rails are not required on emergency doors, special-service entrance door, access panels and compartment doors, and wheel well openings.

c. Each rub rail shall be attached on the outside of the school bus body at each structural post in the school bus body.

d. Each rub rail shall be a minimum of 4 inches in width and constructed of corrugated or ribbed 16-gauge steel.

25. Seat belt for school bus driver: A seat belt for the school bus driver shall be installed in the driver's compartment. The seat belt shall be equipped with a retractor on each side of the school bus driver's seat to keep the seat belt retracted and off the floor when not in use.

26. Seats:

a. Each seat shall have a minimum depth of 15 inches measured from the front of the seat cushion to the seat back.

b. Each seat shall be a minimum of 38 inches in height measured from the interior floor of the school bus to the top of the back cushion.

c. Seat spacing shall meet the requirements of 49 CFR 571.222, October 2006 (no later amendments or editions), published at the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D. C. 20402-9328, incorporated by reference and on file with the Department. Seat spacing shall not be less than 24 inches between the front of a seat back cushion to the back surface of the cushion on the preceding seat. Seat spacing shall be measured at cushion height, at the center of the seat, on a plane parallel to the center line of the bus. The seat upholstery may be placed against the seat cushion padding, but without compressing the padding, before measurement is taken.

d. The school bus driver's seat shall be adjustable, without the use of tools, both vertically and horizontally for a minimum of 4 inches. Seats with vertical adjustments are not required on Types A and B school buses.

27. Service door:

a. The service door shall be located on the right side of the school bus opposite the school bus driver and within direct view of the school bus driver when seated in the school bus driver's seat. Types A and B school buses are exempt from this provision.

b. The service door shall have a minimum horizontal opening of 24 inches and a minimum vertical opening of 68 inches. Type A school buses shall have a service door with a minimum opening of 1200 square inches.

c. Windows in the upper and lower panels of the service door shall be made of safety glass. The bottom of each lower window panel shall be no more than 10 inches from the top surface of the lower step of the service entrance. The top of each upper window panel shall be no more than 6 inches below the top of the service door. Type A buses are exempt from this provision.

d. To protect passengers' fingers, a flexible rubber material shall be attached by number 10 3/4 inch metal screws to the opening and closing edges of the service door. Type A school buses are exempt from this provision.

e. The service door shall open towards the exterior of the school bus. A Type A school bus is exempt from this provision if the service door is provided by the school bus chassis manufacturer.

f. A header pad, filled with a material to protect against injury, shall be attached to the top edge of the frame of the service door. The header pad shall be at least 3 inches wide and 1 inch thick and extend the full width of the service entrance.

g. A Type A school bus with the chassis manufacturer's standard service entrance is exempt from subsections (27)(a) through (27)(d).

28. Steps:

a. The risers of the steps in the service entrance shall be equal. When plywood is laid over the steel floor of the school bus, the height of the top step may be increased by the thickness of the plywood.

b. The first step at the service entrance shall be no less than 10 inches and no more than 16 inches from the ground.

c. Steps shall be enclosed in the school bus body.

d. Steps shall not extend beyond the side of the school bus body.

e. A handrail not less than 10 inches in length shall be provided inside the doorway.

29. Step treads:

a. All steps, including the floor-line platform area, shall be covered with ribbed or non-skid floor-covering material that is mounted on a metal plate.

b. The metal back of the step tread shall be a minimum 24-gauge cold rolled steel and shall be permanently bonded to the ribbed or non-skid material.

c. If ribbed material is used, the ribbed design shall run from the risers toward the service entrance. Each step tread shall have a 1 1/2 inch white nosing.

30. Stirrup steps: There shall be a handle and at least one folding stirrup step or recessed foothold located on each side of the front of a school bus for accessibility for cleaning the windshield and lamps. Type A school buses are exempt from this provision.

Stop signal arm:

a. School buses shall be equipped with a stop signal arm on the left side of the school bus body that extends 90º from the school bus body when opened.

b. The stop signal arm shall be either air or electrically driven, and meet the requirements of Standard J1133, November 2004 (no later amendments or editions) published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001, incorporated by reference and on file with the Department.

c. The stop signal arm shall be an 18-inch octagon, constructed of a red material that reflects light, with the word "STOP" printed on both sides in white letters not less than 5 inches high. Additionally, the word "STOP" may be illuminated by a light-emitting diode system on both sides of the stop signal arm.

32. Sun shield: An interior adjustable transparent sun shield or visor not less than 6 inches x 30 inches with a finished edge shall be installed over the windshield in the driver's compartment. School buses with a gross vehicle weight rating of 10,000 pounds or less are exempt from this provision.

33. Tailpipe:

a. The tailpipe shall extend to, but not more than 2 inches beyond, the outer edge of the rear bumper;

b. The tailpipe shall exit in the rear of the vehicle behind the rear drive axle, and shall be placed according to the manufacturer's specifications; and

c. The tailpipe shall not exit beneath any fuel filler location or beneath any emergency door.

34. Undercoating:

a. The entire underside of the school bus body, including floor sections, cross member and below-floor-line side panels, shall be coated with rust-proofing material for which the material manufacturer has issued to the bus body manufacturer notarized certification that materials meet or exceed all performance and qualitative requirements of paragraph 3.4 of Federal Specification TT-C-520B, Coating Compound, Bituminous, Solvent Type, Underbody (For Motor Vehicles), February 2, 1973 (no later amendments or editions), published by the General Services Administration acting as an agent for the Superintendent of Documents, Washington D.C. 20402, and incorporated by reference and on file with the Department. Modified test procedures shall be used for the following requirements:

i. Salt spray resistance - test modified to 5% salt and 1,000 hours,

ii. Abrasion resistance, and

iii. Fire resistance.

b. Test panels shall be prepared in accordance with paragraph 4.6.12 of Federal Specification TT-C-520B, with a modified procedure requiring that the test shall be made on a 48-hour air-cured film at a thickness recommended by the material manufacturer.

c. Undercoating is not required if the underside of the school bus is constructed of noncorrosive material.

d. The undercoating material shall be applied with suitable airless or conventional spray equipment to the recommended film thickness and shall show no evidence of voids in the cured film.

35. Ventilation: An immovable, non-closing exhaust ventilator shall be installed in the school bus roof.

36. Wheel housing:

a. The wheel-housing opening shall be large enough to allow for the removal of the tire and wheel.

b. The wheel housing shall be constructed of 16-gauge steel or fiberglass of equal strength and sealed to the school bus floor.

c. The wheel housing shall not extend more than 12 inches above the floor inside the school bus body and shall not extend into the emergency door opening.

d. The wheel housing shall provide clearance for tire chains installed on the tires of the driving wheels.

37. Windows: Each side window in the passenger compartment of a school bus body shall provide an unobstructed opening of at least 190 square inches when the window is open.

38. Windshield washer system: A windshield washer system that provides an application of cleaning solution to the windshield shall be installed.

Windshield wipers:

a. A windshield wiping system with a minimum of two speeds shall be provided.

b. The windshield wipers shall be operated by one or more air or electric motors.

History

Amended by final rulemaking at 21 A.A.R. 3211, effective 1/24/2016.

Ariz. Admin. Code § R13-13-108 Inspection, Maintenance, and Alterations

A. A school bus shall be inspected by the Department before the school bus is introduced into Arizona to transport passengers.

1. After inspecting a school bus, the Department shall place a decal that contains a number used by the Department to identify the school bus above the school bus driver's side window in the driver's compartment. This decal shall not be removed from the school bus while it is operated in Arizona except by the Department. Before the school bus is transferred or retired from service, the school bus owner shall contact the Department to have this decal removed.

2. If the Department finds that no major defect exists on a school bus, the Department shall place a safety inspection decal that contains the month and year of inspection on the right side of the centerline of the windshield of the school bus in a position that does not interfere with the school bus driver's line of vision.

3. If the Department finds a major defect on the school bus, the Department shall place the school bus out of service. Before the school bus may be placed back into service, the Department shall reinspect the school bus to determine that the major defect has been corrected. If the major defect has been corrected, the Department shall place a safety inspection decal on the school bus in accordance with subsection (A)(2).

4. If the Department finds a minor defect on a school bus, the Department shall issue an inspection order, but the school bus may be operated to transport passengers while the minor defect is being corrected. A copy of the inspection order shall be returned to the Department within 15 working days from the date of inspection and shall show that the minor defect has been corrected unless, in accordance with the provisions of subsection (A)(5), the school bus owner obtains an extension of time to correct the minor defect.

5. Upon receipt of a written request from the school bus owner, the Department shall grant one or more extensions of time to correct a minor defect if:

a. The school bus owner submits to the Department written documentation that the:

i. School bus owner's action or inaction did not cause or contribute to the delay in completing the repair;

ii. School bus owner has secured a written estimated expedited delivery or completion date from the provider of the materials or services required to complete the repair; and

iii. School bus owner made reasonable attempts to secure the materials or services, or materials or services of equivalent quality, at a substantially similar price from alternate sources; and

b. The Department determines that an extension of time to correct the minor defect will not increase the probability of an accident involving the school bus or passengers or the risk of injury to the school bus driver or passengers.

6. Each extension of time shall be for 60 days or less. The Department shall determine the length of each extension of time after giving consideration to the information provided under subsection (A)(5)(a). When the minor defect is corrected, the school bus owner shall return to the Department a copy of the inspection order issued by the Department.

7. If a minor defect on a school bus is not corrected within 15 working days or at the end of an extension period, if applicable, the Department shall remove the safety inspection decal and the school bus shall be placed out of service until further inspection by the Department shows that the minor defect is corrected.

B. The Department shall use the following criteria to determine whether a major or minor defect is present on a school bus introduced into Arizona on or after May 31, 2008. For a school bus introduced into Arizona before May 31, 2008, the Department shall determine whether the school bus is in an unsafe condition by using the following criteria or if the item does not comply with the criteria due to its original design, the Department shall determine if the school bus is in an unsafe condition by determining if the school bus is maintained in accordance with the manufacturer's original design specifications for the specific make and model of school bus.

| INSPECTION ITEM | MAJOR DEFECT | MINOR DEFECT | | --- | --- | --- | | Air conditioning system, if installed | Missing hose covers or trim panels Missing air conditioning louvres Loose or missing air conditioning mounting fasteners Refrigerant leaks from evaporators or hoses in the interior of the bus Broken compressor brackets Broken mounting bolts Electrical wiring hanging out of evaporator covers Missing evaporator covers Missing air diffusers Evaporators not secured to ceiling or bulkhead | Broken or loose evaporator covers Unsecured refrigerant hoses Loose, missing or severely cracked belts | | Alarm, back-up, if installed | Low volume Not working | | | Auxiliary fan, if installed | Obstructs school bus driver's view of any mirror Used in place of defrosting or defogging system Not covered by protective cage | Incorrect size Not controlled by independent switch | | Battery (Types C and D buses only) | Not mounted according to the manufacturer's instructions | Incorrect or no identification | | Belt cutter | Missing | | | Body fluid cleanup kit | Absence of body fluid cleanup kit Any item missing from body fluid cleanup kit | | | Brakes, compressed air | Inoperative or missing visual or audible low air signal Compressed-air gauge missing Grease or oil leakage into brake system Exposed or damaged ply on any air hose Air capacity less than 90 pounds per square inch at idle speed Wet-reservoir valve missing or inoperative Leaking, cracked, or broken hose or connection Audible air leak Pushrod exceeds limitation Low-air warning system does not activate at 60 psi and remains activated at less than 60 psi | | | Brakes, hydraulic-assisted | Inoperative or missing visual or audible signal | | | Brakes, emergency-brake system | Inoperative Does not activate when service brake system reaches 20 to 40 pounds psi | | | Bumpers | Break or rip Loose bumper Foothold or handle present on rear bumper | Not painted black | | Cooling system | Leak in system Fluid level in radiator not full | | | Crossing control arm, if installed | Has sharp edges or projections that could injure a student Will not retract | Not working Fails to open completely | | Defroster | Inoperative Ventilation opening blocked | | | Drive shaft | Absence of protective metal guard installed by the manufacturer around the drive shaft to any driving axle | | | Dust boots | Missing, torn, split, or loose around floor-mounted gear shift, parking brake handle, or steering column. | | | Emergency warning devices | Having fewer than two operable | Missing one | | Emergency door | Inoperative latch Broken or missing portion of seal around door Window not of safety glass Inoperative warning device Lock is not the ignition shut-off type | No header pad | | Emergency exit | Inoperative warning device or latch on all emergency exits except roof exit Not properly identified Header pad missing or damaged Broken seal around window | Inoperative roof exit | | Engine compartment | Inoperative hood latch | Deterioration of hose, belt, or wiring Deterioration of battery hold-down clamp, corrosive acid buildup on terminal | | Exhaust system | Exhaust leak Exhaust tailpipe extends more than 2 inches beyond the outer edge of the rear bumper or fails to terminate flush with the outside edge of the school bus body in the rear of the school bus | Exhaust pipe bracket not attached to the chassis and the tailpipe End of tailpipe pinched or bent | | Exterior paint | Exposed metal or base primer Incorrect color | | | Fire extinguisher | Absence of fire extinguisher Not at full charge | Not mounted in required position | | First-aid kit | Absence of first-aid kit Three or more items missing from first-aid kit | One or two items missing from first-aid kit | | Frame | Crack in frame Cracked, loose, or missing body mount or body-mount bolt Welded repair not performed by body or chassis manufacturer or manufacturer's certified agent | | | Fuel system | Fuel tank not mounted to the chassis frame or not vented to outside of engine compartment Fuel system extends above chassis frame (does not apply to filler tube or Type A bus) Fuel tank bracket cracked or broken Leaking tank or fuel line Fuel line attached to bottom of fuel tank Missing or improper fuel cap | | | Handrail | Handrail does not pass the inspection procedure described in R13-13-107(13) | | | Heating system | Heater missing or inoperative Heater line in interior of school bus not covered by protective shield No shutoff valve | Unsecured heater hose Inadequate heat-producing capacity | | Horn (Air or electrical) | Missing or inoperative | | | Instrument panel | Missing or inoperative ignition power-deactivation switch if the ignition does not use a key. Any inoperative gauge or switch, except auxiliary fan switch Improper illumination | Inoperative auxiliary fan switch | | Interior, aisles | Incorrect clearance | | | Interior, seats | Broken, cracked, exposed, or loose seat frame Screw or mounting bolt missing | | | Interior, floor covering | Hole Improper material Improperly bonded Loose metal trim | | | Lamps, clearance | Inoperative Cracked, broken, or missing lens | Incorrect color Dust behind lens | | Lamps, head | Low beam inoperative Not mounted as required by 49 CFR 393.24 Both high beams inoperative | One high beam inoperative Inoperative dimmer switch on a bus not operated when head lamps are required Cracked, broken, or missing lens | | Lamps, back-up | Inoperative | Incorrect color Cracked, broken, or missing lens Dust behind lens | | Lamps, interior Over aisle | Inoperative Cracked, broken, or missing lens | | | Lamps, interior Over step-well | Inoperative | Cracked, broken, or missing lens | | Lamps, turn signal | Inoperative | Cracked, broken, or missing lens Dust behind lens Incorrect size Incorrect location | | Lamps, strobe, if installed | Pilot or strobe lamp missing or inoperative Cracked, broken, or missing lens Incorrect color Incorrect location | | | Lamps, identification | Inoperative Incorrect color Cracked, broken, or missing lens Dust behind lens | | | Lamps, hazard | Inoperative | | | Lamps, stop | Both inoperative | One inoperative Cracked, broken, or missing lens Dust behind lens | | Lamps, tail | Both inoperative | One inoperative Cracked, broken, or missing lens Dust behind lens | | Lamps, side marker | Inoperative Incorrect color Cracked, broken, or missing lens Dust behind lens | | | Lamps, alternately flashing signal | One or more inoperative lamps | Incorrect color Lamp hood missing Cracked, broken, or missing lens Dust behind lens | | Lettering and numbering | Missing any lettering or numbering Incorrect size, color, or location Unauthorized sign, letter, or object | | | Mirrors, cross-view | Missing Broken or loose mounting Broken or clouded glass | | | Mirrors | Interior or exterior mirror missing Loose or broken mounting bracket Crack, break, or flaking of reflective material affixed to back of mirror glass Crack or break of mirror glass Loose or missing mounting bracket bolt or screw Incorrect size Do not meet safety standards contained in 49 CFR 571.111 | | | Miscellaneous | Object not secured inside the school bus Any item noted by the Department that could cause injury or present a danger to a passenger or school bus driver | Any item noted by the Department that needs to be repaired because it could interfere with the safe operation of the school bus but that is not a major defect | | Noise suppression switch | Out of service Malfunctioning | | | Parking brake | Inoperative, missing part, or not in proper adjustment | | | Restraining barrier | Missing Incorrect size Loose | | | Rub rails | Missing more than one Loose or dangling | Missing one Incorrect location Incorrect color Incorrect width | | School bus body | Damage resulting in cut or rip to the exterior of school bus body Hole that would allow exhaust gases or dust to enter the passenger compartment Bolt attaching body to chassis loose, broken, or missing Exceeds length or width limitations | Absence of undercoating Loose or missing rivet, screw, or bolt | | Seat belt | Absence of driver seat belt or inoperative driver seat belt buckle or retraction system Frayed seat belt material | | | Seats | One or more missing Incorrect size or location Driver seat does not meet requirements for adjustment Loose seat cushions Exposed frame | Torn seat cushions | | Service door | Incomplete closing of door assembly Does not contain safeguards to prevent accidental opening Window not made of safety glass Broken or cracked window panel Inoperative door control Does not open towards exterior of the school bus Absence of flexible material on outer edge of service door Absence of header pad | | | Special needs school bus | Incorrect location or size of special-service entrance Incorrect size of special-service entrance door Window not made of safety glass Inoperative pressure switch No safety device in wheelchair lift No restraining barrier on wheelchair-lift platform Fails to provide wheelchair-securement device or anchorage Special-service entrance door does not open towards exterior of school bus (except Type A school bus) Wheelchair lift inoperable | Drip molding not installed above the special-service entrance Special-service entrance door not weather-sealed Incorrect color of door material or panel Lacks wheelchair emblem Missing fastening device for special-service entrance door Dome light missing or inoperative | | Splash guards | Bottom edge of guard is more than 8 inches above the ground Does not cover entire width of single or dual tire Missing splash guard | | | Steering | Distance of movement not within parameters of R13-13-106(22)(c) Steering wheel does not move freely when turning the wheel Missing or cracked steering-wheel ring or bracing from center of steering wheel to steering-wheel ring Steering column not in a fixed position or locking mechanism missing or inoperative on adjustable steering column Steering column mounting bracket cracked or missing Loose or missing mounting bolt in steering gear housing Loose connecting arm on steering gear power source | Leakage of lubricant Power-steering belt cracked, frayed, or slipping Fluid does not fill power steering reservoir to the full level on the dipstick | | Steps | Loose or missing grab handle in step-well Missing stirrup step or handle | Incorrect distance between steps Incorrect floor covering | | Stop signal arm | Any stop arm inoperative Air leak If equipped with a light-emitting diode system, one or more lights missing Missing any stop arm | Incorrect lettering or color on stop signal arm Incorrect size of stop signal arm | | Sun shield or visor (if required) | Broken, cracked, or missing | Not transparent | | Suspension | Broken, damaged, or missing suspension part U-bolt loose, broken, cracked, or missing | Leaking shock absorber | | Tires | Tires on same axle not of the same size Combination of bias and radial tires Tires vary more than one size between axles Tires not correct size for gross vehicle weight rating of school bus Single rear tire on school bus with gross vehicle weight rating of more than 10,000 pounds Regrooved, recapped, or retreaded tire mounted on a front wheel Tread groove depth less than 4/32 of an inch, measured in a tread groove on a tire on a front wheel Tire is mounted or inflated so it comes in contact with any part of the school bus or other tire Tread groove depth less than 2/32 of an inch, measured in a tread groove on a tire on a rear wheel Bump, knot, or bulge present on any tire Sidewall is cut, worn, or damaged to the extent that ply cord is exposed Separation of tread from tire casing Exposed ply or belting on any tire Flat tire or audible leak from a tire on any wheel If present, spare tire on Type C or D school bus not mounted outside passenger compartment | | | Ventilation | Non-closing exhaust ventilator missing | | | Wheel housing | Incorrect size or construction of wheel housing or opening | | | Wheels | Not correct size for gross vehicle weight rating of school bus Loose or missing lug nut Broken stud bolt Crack or welded repair in wheel assembly | Not painted black | | Windows | Not of safety glass Opening too small Cracked or broken Placement of non-transparent material Inoperative latch | | | Windshield | Placement of non-transparent material Crack, chip, or pitting that interferes with the school bus driver's vision | Crack, chip or pitting that does not interfere with the school bus driver's vision | | Windshield washer system | Missing | Low or no cleaning solution | | Windshield wipers | Inoperative or missing wiper on school bus driver's side Inoperative or missing wiper on side opposite the school bus driver | Inoperative speed control Split or hardened wiper blade | | Wiring | Incorrect color or number coding Wiring circuit not protected by fuse or circuit breaker One or more non-metal grommets missing Electrical wires outside the school bus body improperly secured | |

C. A school bus shall be inspected annually, according to a schedule established by the Department and the standards contained in subsections (A) and (B) and this subsection.

1. If the Department finds a major defect, the Department shall remove the current safety inspection decal and replace with a new safety inspection decal only after the major defect is repaired.

2. If the Department finds a minor defect, the Department shall remove the current safety inspection decal and replace with a new safety inspection decal and allow the school bus owner to make repairs in accordance with the provisions at R13-13-108 (A)(4) through (A)(7).

D. A school bus driver shall perform the following operations checks and tasks on the school bus:

1. Before a school bus is operated for the first time each day, conduct a pre-trip operations check of the school bus to

determine that the following are operational and are not damaged:

a. All lamps, including alternately flashing, back-up, clearance, hazard, head, identification, interior, side marker, stop, tail, turn signal, and strobe lamps, if any, and emergency warning devices;

b. Tires, wheels, and wheel fasteners;

c. Service door;

d. Steps and step wells;

e. Emergency exits and signals;

f. Emergency doors and signals;

g. Wheelchair lift and wheelchair lift dome lamp;

h. Wheelchair-securement devices;

i. Wheelchair-securement anchorages;

j. Special-service entrance door;

k. Special-service entrance door signal;

l. Windows;

m. Windshield;

n. Windshield wipers;

o. Instrument panel and gauges;

p. Service brakes;

q. Service brake warning devices;

r. Parking brake;

s. Bumpers;

t. Seats and seat frames;

u. Floor coverings;

v. School bus body;

w. Engine fluid levels;

x. Engine compartment steering components;

y. Stop arm;

z. Horn;

aa. Mirrors;

bb. Engine fluid gauges;

cc. Noise suppression switch;

dd. Child alert notification system, if installed;

ee. Crossing control arm, if installed; and

ff. Air conditioning system, if installed.

2. Each time a pre-trip operations check of a school bus is conducted, check all emergency equipment to determine that the emergency equipment complies with the standards at R13-13-107(11) and R13-13-110.

3. Each time a school bus is operated subsequent to the first time the school bus is operated each day, conduct a walk-around operations check to determine whether there is an obvious engine fluid leak and the following are operational and are not damaged:

a. All lamps listed in subsection (D)(1)(a);

b. Tires, wheels, and wheel fasteners;

c. Bumpers;

d. School bus body;

e. Windows;

f. Stop arm; and

g. Windshield.

4. Once daily, sweep and clean the interior of the school bus.

5. After completing each operations check, the school bus driver shall complete the portions of a written monthly operations check report that provide the following information:

a. Date and time of the operations check;

b. Name of the school bus driver conducting the operations check;

c. Name of the employer;

d. Number assigned to the school bus by the school bus owner and painted on the outside of the school bus body; and

e. Indication of whether an item is operational, inoperative, or damaged.

6. A school bus driver who performs an operations check and finds any item listed in subsections (D)(1) through (D)(3) inoperative or damaged shall immediately complete and submit a written repair order to the school bus owner through the employer.

a. The school bus owner shall use the standards contained in subsection (B) to determine whether an item reported on a repair order as inoperative or damaged is a major or minor defect.

b. If the school bus owner finds that a major defect exists, the school bus owner shall place the school bus out of service until the major defect is repaired.

c. If the school bus owner finds that a minor defect exists, the school bus may be used to transport passengers, but the school bus owner shall repair the defect in accordance with the provisions at R13-13-108(A)(4) through(A)(7) . Time in which to make the minor repair shall be calculated from the date of the written repair order.

7. After a school bus makes its final trip on the last day the school bus is driven in a particular month the school bus driver operating the school bus shall submit the written monthly operations check report to the school bus owner through the employer.

E. In addition to the operations checks described in subsection (D), a school bus owner shall systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all parts of a school bus chassis and body described in Sections R13-13-106 and R13-13-107 and any other parts and accessories that may affect safe operation of the school bus. The school bus owner shall ensure that the maintenance of a school bus and repair of major defects is done by:

1. An ASE-certified technician,

2. An individual working under the supervision of an ASE-certified master school bus technician,

3. An individual with at least one year of participation in a school bus manufacturer-sponsored or commercial vehicle maintenance training program, or

An individual with at least one year of experience as a school bus mechanic.

F. Records

1. A school bus owner shall maintain the following records in a separate file for each school bus for as long as the school bus is in operation in Arizona:

a. Number assigned to the school bus by the school bus owner,

b. Name of the school bus body manufacturer,

c. Name of the school bus chassis manufacturer,

d. Identification number of the school bus located in the driver's compartment,

e. Year the school bus body was assembled upon the school bus chassis, and

f. Size of the tires placed on the school bus.

2. A school bus owner shall maintain all records of initial inspection, subsequent inspections, and repairs and maintenance procedures performed on the school bus for three years from the date of inspection, repair, or maintenance. The school bus owner shall ensure that all records of repairs and maintenance procedures include verification from the owner of the business responsible for the repairs and maintenance procedures that the individual who actually performs the repairs and maintenance procedures is qualified under subsection (E).

3. If a school bus is sold, the school bus owner shall transfer the records required by subsections (F)(1) and (F)(2) to the purchaser.

4. A school bus owner shall maintain monthly operations check reports for three months from the date of the report.

G. Alterations

1. Before a school bus owner alters a school bus, the school bus owner shall submit a request in writing to the Department describing the proposed alteration and the reason for the proposal.

2. Within 60 days of receiving a request for alteration, the Department shall inform the school bus owner in writing whether the request has been approved or denied. The Department shall base its decision to approve or deny on an assessment of whether the proposed alteration affects the operations of a school bus, complies with the statutes and rules applicable to school buses, or affects the health, safety, or welfare of any individual.

History

Amended by final rulemaking at 21 A.A.R. 3211, effective 1/24/2016.

Ariz. Admin. Code § R13-13-109 Time-frames for Making Certification Determinations

A. For certification as a school bus driver, the time-frames required by A.R.S. § 41-1072 et seq. are:

1. Overall time-frame: 60 days

2. Administrative completeness review time-frame: 45 days

Substantive review time-frame: 15 days

B. An administratively complete application for certification as a school bus driver consists of all the information and documents listed in R13-13-102(A).

C. An administrative completeness review time-frame, as described in A.R.S. § 41-1072(1) and listed in subsection (A)(2), begins on the date the Department receives an application.

2. Within 120 days from the postmark date of the deficiency notice, the applicant shall submit to the Department the missing documents and information. The time-frame for the Department to finish the administrative completeness review is suspended from the postmark date of the deficiency notice until the date the Department receives the missing documents and information.

3. If the applicant fails to provide the missing documents and information within the time provided, the Department shall close the applicant's file. An applicant whose file is closed and who wants to be certified shall apply again under R13-13-102.

4. If the application is administratively complete, the Department shall send a written notice of administrative completeness to the applicant.

D. A substantive review time-frame, as described in A.R.S. § 41-1072(3) and listed in subsection (A)(3), begins on the postmark date of the notice of administrative completeness.

1. During the substantive review time-frame, the Department may make one comprehensive written request for additional information.

2. The applicant shall submit to the Department the additional information identified in the request for additional information within 20 days from the postmark date of the request for additional information. The time-frame for the Department to finish the substantive review of the application is suspended from the postmark date of the request for additional information until the Department receives the additional information.

3. Unless an applicant requests that the Department deny certification within the 20-day period in subsection (D)(2), the Department shall close the file of an applicant who fails to submit the additional information within the 20 days provided. An applicant whose file is closed and who wants to be certified shall apply again under R13-13-102.

4. When the substantive review is complete, the Department shall inform the applicant in writing of its decision whether to certify the applicant.

a. The Department shall deny certification if it determines that the applicant does not meet all substantive criteria for certification required by statute and rule. An applicant who is denied certification may appeal the Department's decision under A.R.S. § 41-1092 et seq. and any rules made under A.R.S. § 41-1092.01(C)(4).

b. The Department shall grant certification if it determines that the applicant meets all substantive criteria for certification required by statute and rule.

History

New Section R17-9-109 adopted by final rulemaking at 5 A.A.R. 384, effective January 5, 1999 (Supp. 99-1). Amended by final rulemaking at 11 A.A.R. 557, effective March 5, 2005 (Supp. 05-1). New Section R13-13-109 recodified from R17-9-109 with Section cross-references revised, at 20 A.A.R. 2083, effective July 25, 2014 (Supp. 14-3).

Ariz. Admin. Code § R13-13-110 First-aid Equipment

No later than 180 days after the effective date of these rules, a school bus in Arizona shall meet the requirements of this Section.

1. First-aid and body-fluid cleanup kits shall be mounted in a school bus in accordance with R13-13-107(11)(a).

2. First-aid kit: A school bus shall be equipped with a removable first-aid kit that has a weatherproofing seal around the lid to prevent moisture or dust from entering the first-aid kit, is clearly labeled as a first-aid kit, and contains the following:

a. Two - 1 inch x 2 1/2 inch yards adhesive tape rolls,

b. 24 - Sterile gauze pads 3 inches x 3 inches,

c. Eight

2 inch adhesive bandages,

d. 10 - 3 inch adhesive bandages,

e. Two - 2 inch x 6 inch sterile gauze roller bandages,

f. Four - Triangular bandages approximately 40 inches x 36 inches x 54 inches with two safety pins,

g. Three - Sterile gauze pads at least 24 inches x 24 inches,

h. Three - Sterile eye pads,

i. One - Rounded-end scissors,

j. One - Pair of non-latex gloves, and

k. One - Mouth-to-mouth airway.

3. Body fluid or bloodborne-pathogen cleanup kit: A school bus shall be equipped with a removable body-fluid or bloodborne-pathogen cleanup kit that is sealed, clearly labeled as a body-fluid or bloodborne-pathogen cleanup kit, and contains the following:

a. One - Pouch of solidifier with chlorine,

b. One - Pick-up scoop with scraper,

c. One - Pair of non-latex gloves,

d. Two - Disinfectant hand wipes (antimicrobial),

e. Two - Plastic disposal bags with ties (biohazard),

f. Two - Germicidal towelettes effective against human immunodeficiency virus and tuberculosis,

g. Two - Paper crepe towels, and

h. One - Easy to follow instructions.

History

New Section made by final rulemaking at 7 A.A.R. 2906, effective June 13, 2001 (Supp. 01-2). Amended by final rulemaking at 14 A.A.R. 2110, effective May 8, 2008 (Supp. 08-2). New Section R13-13-110 recodified from R17-9-110 with Section cross-references revised, at 20 A.A.R. 2083, effective July 25, 2014 (Supp. 14-3).

Ariz. Admin. Code § R13-13-111 Rehearing or Review of Decision

A. The Department shall provide for a rehearing and review of its decisions under A.R.S. Title 41, Chapter 6, Article 10 and the rules established by the Office of Administrative Hearings.

B. A party may amend a motion for rehearing or review at any time before the Department rules on the motion.

C. The Department may grant a rehearing or review for any of the following reasons materially affecting a party's rights:

Irregularity in the proceedings of the Department or any order or abuse of discretion that deprived the moving party of a fair hearing;

2. Misconduct of the Department, its staff, an administrative law judge, or the prevailing party;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing;

5. Excessive penalty;

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings;

7. The Department's decision is a result of passion or prejudice; or

8. The finding of fact or decision is not justified by the evidence or is contrary to law.

D. The Department may affirm or modify a decision or grant a rehearing to all or any of the parties on all or part of the issues for any of the reasons in subsection (C). An order modifying a decision or granting a rehearing shall specify with particularity the grounds for the order.

E. When a motion for rehearing or review is based upon affidavits, the moving party shall serve the affidavits with the motion. An opposing party may, within 15 days after service, serve opposing affidavits. The Department may extend this period for a maximum of 20 additional days, for good cause as described in subsection (H).

F. Not later than 15 days after the date of a decision, after giving the parties notice and an opportunity to be heard, the Department may grant a rehearing or review on its own initiative for any reason for which it might have granted relief on motion of a party. The Department may grant a motion for rehearing or review, timely served, for a reason not stated in the motion.

G. If a rehearing is granted, the Department shall hold the rehearing within 60 days after the date on the order granting the rehearing.

1. A ruling on the motion will further administrative convenience, expedition, or economy; or

2. A ruling on the motion will avoid undue prejudice to any party.

History

New Section made by final rulemaking at 7 A.A.R. 2906, effective June 13, 2001 (Supp. 01-2). New Section R13-13-111 recodified from R17-9-111, at 20 A.A.R. 2083, effective July 25, 2014 (Supp. 14-3).

Ariz. Admin. Code § R13-13-112 Enforcement Audits

A. To enforce the provisions of this Chapter, the Department may conduct an audit of any of the records required to be maintained under this Chapter. The audit may be conducted for cause or without cause.

B. The Department may enter an employer's or owner's place of business to conduct an audit.

C. An employer or owner shall make records available to the Department during regular business hours at the employer's or owner's place of business or at another mutually agreeable location.

D. Within 10 business days after completing an audit, the Department shall inform the employer or owner in writing of any concerns identified.

E. The Department and the employer or owner shall make a written agreement specifying the actions that must be taken to address the concerns identified by the audit and the time within which the actions will be taken.

History

New Section made by final rulemaking at 11 A.A.R. 557, effective March 5, 2005 (Supp. 05-1). New Section R13-13-112 recodified from R17-9-112, at 20 A.A.R. 2083, effective July 25, 2014 (Supp. 14-3).

Article 2 MINIMUM STANDARDS FOR SCHOOL BUSES OPERATED ON ALTERNATIVE FUEL

Ariz. Admin. Code § R13-13-201 Minimum Standards for Compressed Natural Gas Fuel Systems

A. In addition to the definitions in R13-13-101, in this Article, unless otherwise specified:

"AGA" means the American Gas Association.

"ANSI" means the American National Standards Institute.

"Angle of departure" means the area above an imaginary line that extends from the bottom outside edge of the rear bumper on a vehicle to the point at which a tire on the vehicle's rear drive axle touches the ground.

"Appurtenance" means an item connected to an opening of a natural-gas pressure vessel to make the natural-gas pressure vessel gas-tight. This includes pressure relief devices, shutoff, backflow, excess-flow, and internal valves, liquid-level and pressure gauges, and plugs.

"Approved" means acceptable to the Department.

"ASE" means National Institute of Automotive Service Excellence.

"Bracket" means rubber-lined, hoop and cradle mounting hardware supplied or approved by a pressure-vessel manufacturer to hold a natural-gas pressure vessel in a rack.

"CNG" means compressed natural gas, a combustible mixture of hydro-carbon gases and vapors, principally methane, that is reduced in volume by pressure for use as a vehicular fuel.

"Fuel-distribution assembly" means a device that regulates the flow of fuel from a natural-gas pressure vessel to a vehicle engine.

"Fuel line" means a pipe, tubing, or hose, and all related fittings through which natural gas passes on a vehicle.

"Installer" means a person who converts a school bus from the use of gasoline to the use of CNG by attaching a natural-gas fuel system to the school bus after the school bus is manufactured.

"Listed" means included in a publication of an approved organization that is concerned with product evaluation, conducts periodic inspection of equipment or material, and includes equipment or material in the approved organization's publication only if the equipment or material complies with appropriate standards or performs in a specified manner.

"NFPA" means the National Fire Protection Association, which is located at 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101, and which is accessible at (617) 770-3000 and www.nfpa.org.

"NGV-1" means specific standards set by the American National Standards Institute and American Gas Association for the refueling connection device of a natural-gas vehicle.

"NGV-2" means specific standards set by the American National Standards Institute and American Gas Association for a vehicle-on-board natural-gas pressure vessel.

"Natural gas" means a combustible mixture of hydrocarbon gases and vapors, principally methane.

"Natural-gas fuel system" means a group of items including a pressure vessel and all attached valves, piping, and appurtenances that form a network for distributing natural gas to a vehicle engine.

"Operating pressure" means the internal force that a manufacturer intends for a natural-gas pressure vessel to achieve during normal operation of the vehicle to which the natural-gas pressure vessel is attached.

"Out-of-service" means not compliant with these rules, NFPA 52, or manufacturer's instructions for installation, maintenance, or repair.

"Owner" means a private business, school, or school district that owns a school bus.

"PSI" means pound per square inch.

"Pressure-relief device" means a mechanism that is installed in a natural-gas pressure vessel or integrated with a valve, that is operated by temperature, pressure, or both, and that releases the CNG in the natural-gas pressure vessel in specific emergency conditions. A pressure-relief device for a U.S. Department of Transportation or Canada Transport natural-gas pressure vessel also includes a mechanism capable of protecting a partially charged natural-gas pressure vessel.

"Pressure vessel" means a cylinder that is part of a natural-gas fuel system and that is constructed, inspected, and maintained in accordance with U.S. Department of Transportation or Canada Transport regulations or ANSI/AGA NGV2, Basic Requirements for Compressed Natural Gas Vehicle (CNGV) Fuel Containers, or CSA B51, Boiler, Pressure Vessel and Pressure Piping Code.

"Pressure-vessel valve" means a mechanical device connected directly to a natural-gas pressure vessel opening that regulates the flow of CNG from the natural-gas pressure vessel to the vehicle engine.

"Rack" means a metal structure that surrounds a natural-gas pressure vessel mounted on a vehicle and is secured to the vehicle frame by a method capable of withstanding a static up, down, left, right, forward, or backward force of eight times the weight of the fully pressurized natural-gas pressure vessel.

"UL" means the Underwriters' Laboratory, Inc.

B. Applicability and enforcement date of this Section

1. This Section applies to school buses that are manufactured to use only gasoline or diesel fuel and are converted to use CNG, in whole or in part.

2. The Department shall enforce this Section beginning 180 days after it is filed with the Office of the Secretary of State. After the beginning enforcement date, a school bus that is manufactured to use only gasoline or diesel fuel and is converted to use CNG, in whole or in part, shall meet the requirements of this Section when the school bus is introduced into Arizona or when the school bus is converted to natural-gas power. A school bus introduced into Arizona and powered in whole or in part by CNG before the beginning enforcement date of this Section shall meet the requirements of this Section or those at A.A.C. R17-4-611 . 3. After the beginning enforcement date of this Section, the Department shall not approve a school bus manufactured to use only gasoline or diesel fuel and converted to use CNG, in whole or in part, unless the natural-gas fuel system meets the requirements of this Section.

C. Insurance

1. An owner shall not contract with an installer unless the installer has insurance coverage provided by a comprehensive general liability broad form insurance policy that is approved by the Department. The insurance policy shall include coverage for liability resulting from:

a. Completed installation operations,

b. Harm that arises on the installer's premises, and

c. Breach of contract by the installer.

2. In addition to the liability coverage described in subsection (C)(1), an owner shall ensure that either:

a. The installer has insurance coverage for liability resulting from harm that arises from subcontracted work performed by an independent contractor, or

b. An independent contractor who performs work for the installer under an agreement has an insurance policy that provides coverage for liability resulting from harm caused by the independent contractor's work.

3. An owner shall not contract with an installer unless the installer has an insurance policy that provides at least $1 million liability coverage per occurrence both for bodily injury and for property damage.

4. An owner shall not contract with an installer unless the issuer of the installer's insurance policies described in subsections (C)(1) through (C)(3) names the Department as an additional insured on each policy and keeps the Department informed of any change in the status of each policy.

5. An owner shall obtain the Department's approval of the installer's insurance policy by submitting proof of the insurance described in subsections (C)(1) through (C)(3) to the Department before entering a contractual agreement with the installer for the installation of a natural-gas fuel system on a school bus.

6. If an owner acts as an installer, the owner shall maintain the insurance required by this Section.

7. The Department shall approve an installer's insurance policy, proof of which is submitted by an owner in accordance with subsection (C)(5), if the policy conforms to the requirements in subsections (C)(1) through (C)(3). The Department shall send written notice of its decision to approve or disapprove the installer's insurance policy to the owner within 15 days from receipt of the proof of insurance.

D. General requirements for installing a natural-gas fuel system

Converting a school bus to use of CNG, whether in whole or in part, is not an alteration as defined in R13-13-101.

2. Unless specifically provided otherwise in this Section, when installing a natural-gas fuel system, an installer shall use parts and equipment and perform work in a manner that meets or exceeds the standards of NFPA 52, Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems, 1995 (and no later editions or amendments), Quincy, MA, which is incorporated by this reference and on file with the Department and the Office of the Secretary of State.

3. An installer shall use only UL-listed or AGA-approved carburetor equipment when installing a natural-gas fuel system on a school bus.

4. An installer shall meet or exceed the recommended guidelines provided by the manufacturers of all parts of a natural-gas fuel system when installing the natural-gas fuel system on a school bus.

5. An installer shall ensure that installation of a natural-gas fuel system on a school bus is performed by an individual who has proof of training provided by the manufacturer of the natural-gas fuel system or ASE alternative fuels certification.

6. If a school bus is converted from the use of gasoline or diesel fuel to the dedicated use of CNG, the installer shall remove the gasoline or diesel-fuel tank and accompanying gasoline or diesel-fuel system parts from the school bus.

E. Natural-gas pressure vessel: An installer shall use only a natural-gas pressure vessel that is certified by its manufacturer as meeting or exceeding the NGV2 standards and as being U.S. Department of Transportation or ANSI listed. An installer shall use the natural-gas pressure vessel manufacturer's recommended bracket.

F. Installing a natural-gas pressure vessel

1. An installer shall securely attach a rack to the frame of a school bus in the following manner:

a. By drilling no holes in the school bus frame that exceed the manufacturer's requirements; and

b. By using no welding on and applying no heat to the school bus frame.

2. When installing a natural-gas fuel system on a school bus, an installer shall locate the natural-gas pressure vessel and its appurtenances on the vehicle frame as follows:

a. Below the driver's or passengers' compartment;

b. So no part protrudes:

i. In front of the front axle,

ii. Beyond the outside face of the rear bumper, or

iii. Beyond the sides of the school bus;

c. Inside a rack; and

d. So the minimum clearance between the road and the lowest part of the natural-gas pressure vessel and its rack on a school bus loaded to its gross vehicle weight rating, is:

i. No fewer than 7 inches (17.5 mm) for a school bus with a wheel base fewer than or equal to 127 inches (323 mm); or

ii. No fewer than 9 inches (22.5 mm) for a school bus with a wheel base greater than 127 inches (323 mm).

3. If the natural-gas pressure vessel and its appurtenances are located behind the rear axle of the school bus, in addition to the requirements in subsection (F)(3), an installer shall locate the natural-gas pressure vessel as follows:

a. Below the floor line, and

b. Above the school bus' angle of departure.

G. Protecting a natural-gas pressure vessel. To protect a natural-gas pressure vessel and its appurtenances from damage, an installer shall:

1. Surround the natural-gas pressure vessel with a stone guard on all sides that are not protected by the natural barriers of the vehicle. The stone guard shall not be attached to the natural-gas pressure vessel. If the stone guard protects a valve, it shall be made of at least 16-gauge steel. If the stone guard does not protect a valve, it shall be made of at least 3/16-in. mesh with openings no greater than 1 in.;

2. Place a resilient, non-absorbent gasket between the natural-gas pressure vessel and its brackets in a manner that prevents the brackets from directly contacting the natural-gas pressure vessel;

3. Ensure that the weight of the natural-gas pressure vessel is not supported, in whole or in part, by an appurtenance; and

4. Place a shield between, but not attached to, the natural-gas pressure vessel and the vehicle exhaust system if the natural-gas pressure vessel or the fuel lines are located fewer than 8 inches from the exhaust system. The shield shall be constructed of at least 18-gauge metal.

H. Safety and check valves: An installer shall equip a natural-gas fuel system with:

Either an automatic fuel supply shut-off valve that is placed between the pressure vessel fuel-pressure regulator and the fuel distribution assembly and activated by engine vacuum or oil pressure, or an electronic fuel injector; and

2. Either a manual or automatically controlled shut-off valve that enables the natural-gas pressure vessel to be isolated from the remainder of the natural-gas fuel system. If a manual shut-off valve is used, it shall:

a. Have no more than 90° rotation from the opened to the closed position;

b. Have a red valve handle;

c. Be placed in an accessible location; and

d. Have "ESV" printed on the school bus at the access location to the manual shut-off valve, in 2-in. to 4-in., unshaded, red letters.

I. Installation of fuel lines. An installer shall:

1. Use fuel lines constructed of seamless stainless steel that has been tested and certified by the manufacturer to an operating pressure of 3600 PSI with a 4:1 safety factor;

2. Mount and brace fuel lines to the vehicle frame in a manner that minimizes vibration;

3. Secure fuel lines to the vehicle frame at least every 24 inches with rubber-lined fasteners;

4. Protect fuel lines that pass through any structural member with rubber grommets, bulkhead fittings, or both;

5. Cause fuel lines that run to the engine to follow the main frame channel; and

6. Install an access door that is at least 70 square inches if access to the fill receptacle and fuel pressure gauge is through the school bus body. The words "CNG Fill" shall be printed on the school bus body, immediately above the access door, in 2-in. to 4-in., unshaded letters.

J. Installation of Venting System. An installer shall ensure that in addition to meeting the requirements in NFPA 52, all vent exits are aimed toward the ground.

History

New Section adopted by final rulemaking at 6 A.A.R. 4115, effective October 3, 2000 (Supp. 00-4). New Section R13-13-201 recodified from R17-9-201 with Section cross-references revised, at 20 A.A.R. 2083, effective July 25, 2014 (Supp. 14-3).

Ariz. Admin. Code § R13-13-202 Inspection and Maintenance of Compressed Natural Gas Fuel Systems

A. This Section applies to all school buses that are powered, in whole or in part, by CNG and are introduced into Arizona after the beginning enforcement date of these rules.

B. An owner shall not use a school bus equipped with a natural-gas fuel system to transport passengers until the natural-gas fuel system is inspected and approved by the Department. An owner shall notify the Department when the owner obtains a school bus that needs to be inspected for compliance with these rules.

C. After the initial inspection conducted by the Department, an owner shall ensure that a school bus equipped with a natural-gas fuel system is inspected annually and under the following special circumstances:

1. When the school bus is involved in an accident;

2. When the natural-gas pressure vessel may have been damaged;

3. When natural gas is smelled;

4. When there is an unexpected loss of gas pressure, rattling, or other indication of looseness; or

5. When the natural-gas pressure vessel is changed.

D. An owner shall ensure that an annual or special-circumstances inspection is conducted by the Department or an individual who has proof of training provided by the manufacturer of the natural-gas fuel system or ASE alternative-fuel certification.

E. An owner shall ensure that every inspection of a school bus equipped with a natural-gas fuel system assesses whether the natural-gas fuel system meets the safety standards in 13 A.A.C. 13, and NFPA 52. This assessment shall include:

1. Leak-testing the natural-gas fuel system in compliance with NFPA 52 guidelines;

2. Verifying that the pressure vessel is designed for storage of CNG;

Verifying that the service life of the natural-gas pressure vessel has not expired;

4. Verifying that the natural-gas pressure vessel is certified by its manufacturer as meeting or exceeding the NGV2 standards and as being U.S. Department of Transportation or ANSI listed;

5. Verifying that all parts of the natural-gas fuel system are properly listed or approved; and

6. Verifying that all parts of the natural-gas fuel system are installed in accordance with the manufacturer's instructions.

F. An owner shall ensure that an individual who conducts an inspection of a school bus equipped with a natural-gas fuel system completes a Compressed Natural Gas Safety Inspection Form, which is available from the Department, and certifies that the school bus meets all safety standards in 13 A.A.C. 13, and NFPA 52.

G. If it is necessary to condemn a natural-gas pressure vessel, the owner shall:

1. Return the condemned natural-gas pressure vessel to its manufacturer; and

Obtain a certificate from the manufacturer that states ownership of the natural-gas pressure vessel is transferred from the owner to the manufacturer.

H. An owner shall maintain each completed Compressed Natural Gas Safety Inspection Form in a separate file for each school bus for the service life of the school bus. If a school bus is transferred from one owner to another, the first owner shall transfer the completed inspection forms to the second owner.

I. An owner shall make the inspection forms maintained under subsection (H) available for review by the Department.

History

New Section adopted by final rulemaking at 6 A.A.R. 4115, effective October 3, 2000 (Supp. 00-4). New Section R13-13-202 recodified from R17-9-202 with Section cross-references revised, at 20 A.A.R. 2083, effective July 25, 2014 (Supp. 14-3).

Chapter 14 CONSTABLE ETHICS, STANDARDS AND TRAINING BOARD

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R13-14-101 Definitions

In this Chapter, unless the context requires otherwise:

"Board" means the Constable Ethics, Standards, and Training Board established under A.R.S. § 22-136(A).

"Complainant" means a person, other than the Board, that files a complaint regarding a constable.

"Constable" means an individual elected under A.R.S. § 22-102 and any deputy constable appointed, employed, or authorized by the county board of supervisors.

"Party" has the meaning specified at A.R.S. § 41-1001.

"Person" has the meaning specified at A.R.S. § 1-215.

"Respondent" means a constable against whom a complaint is filed.

History

New Section made by final rulemaking at 24 A.A.R. 1518, effective 6/30/2018.

Ariz. Admin. Code § R13-14-102 Conduct of the Board

A. Board members shall elect the officers specified under A.R.S. § 22-136(B) annually. An individual elected as an officer may serve successive terms without limit.

B. The Board shall comply with A.R.S. Title 38, Chapter 3, Article 3.1 regarding open meetings. A person that wishes to have an item placed on the agenda of the Board for discussion and action shall submit the item in writing to the Board at least 48 hours before the Board meeting.

C. A Board member present at a Board meeting in real time by telephone or other electronic means is present for the purpose of determining a quorum.

D. Board members shall comply with A.R.S. Title 38, Chapter 3, Article 8 regarding conflicts of interest.

History

New Section made by final rulemaking at 24 A.A.R. 1518, effective 6/30/2018.

Ariz. Admin. Code § R13-14-103 Constable Code of Conduct

A. A constable shall:

1. Comply with all federal, state, and local law;

2. Act in a manner that promotes public confidence in the constable's office;

3. Be honest and conscientious in all professional and personal interactions;

4. Avoid a conflict of interest, including the appearance of a conflict of interest, in the performance of constable duties;

5. Perform constable duties without:

a. Bias or prejudice; and

b. Regard for kinship, social or economic status, political interests, public opinion, or fear of criticism or reprisal;

6. Maintain accurate public information regarding the performance of the constable's duties including the daily activity log required under A.R.S. § 11-445;

7. Provide complete and accurate answers to questions regarding court and other procedures available to an individual who comes in contact with the constable's office;

8. Act at all times in a manner appropriate for an elected public official;

Be courteous, patient, and respectful toward all individuals who come in contact with the constable's office;

10. Inform an individual who asks for legal advice that as a matter of law, a constable is not allowed to give legal advice while performing the constable's official duties; and

11. Comply with all training requirements relating to being a constable.

B. A constable shall not:

1. Use or attempt to use the constable position to obtain a privilege or exemption for the constable or any other person;

2. Use public funds, property, or other resources for a private or personal purpose;

3. Solicit or accept a gift or favor from any person known to do business with an Arizona justice court;

4. Solicit or accept payment other than mandated compensation for providing assistance that is part of an official duty;

5. Use words or engage in other conduct that a reasonable person would believe reflects bias or prejudice based on race, gender, religion, national origin, disability, age, sexual orientation, or socioeconomic status;

6. Disclose confidential information received in the course of performing an official duty unless disclosure is required by law; or

7. Use information received in the course of performing an official duty for personal gain or advantage.

History

New Section made by final rulemaking at 24 A.A.R. 1518, effective 6/30/2018.

Article 2 COMPLAINTS; HEARINGS; DISCIPLINARY ACTION

Ariz. Admin. Code § R13-14-201 Filing a Complaint; Jurisdiction

A. A person may submit to the Board a written complaint regarding a constable using the complaint form on the Board's website. A written complaint may be submitted in person at the Board office or by U.S. Postal Service or e-mail. The complainant shall include in the complaint facts that allege the constable failed to comply fully with A.R.S. § 22-131 or R13-14-103 within the last four years. The complainant may attach to the complaint form any documents or other evidence relevant to the complaint.

B. At the monthly Board meeting following receipt of a written complaint under subsection (A), the Board shall review the complaint to determine whether the complaint is within the Board's jurisdiction.

1. The Board shall find a complaint is within the Board's jurisdiction if the complaint meets the standards in subsection (A). If the Board determines the complaint is within the Board's jurisdiction, the Board shall process the complaint as described in R13-14-202.

2. The Board shall find a complaint is not within the Board's jurisdiction if the complaint does not meet the standards in subsection (A). Following the meeting at which the Board determines the complaint is not within the Board's jurisdiction, the Board shall provide notice to the person that submitted the complaint and the constable who was the subject of the complaint.

C. If the Board obtains information the Board believes may indicate a constable failed to comply fully with A.R.S. § 22-131 or R13-14-103 within the last four years, the Board may initiate a complaint against the constable. If the Board initiates a complaint against a constable, the Board shall process the complaint as described in R13-14-202.

History

New Section made by final rulemaking at 24 A.A.R. 1518, effective 6/30/2018.

Ariz. Admin. Code § R13-14-202 Complaint Processing

A. Following the meeting at which the Board determines a complaint is within the Board's jurisdiction, as described under R13-14-201, the Board shall send notice to the respondent and:

1. A copy of the complaint received, including any documents or other evidence attached to the complaint form; and

2. A request that the respondent submit a written response to the allegations in the complaint within 45 days after the date on the notice.

B. After receiving the written response or 45 days after providing notice under subsection (A), the Board shall review the respondent's written response and conduct any investigation the Board determines is necessary.

C. The Board shall schedule the complaint for hearing at the Board's second meeting following the meeting referenced in subsection (A).

D. Before allowing review of the complaint investigative file, the Board may redact confidential information.

History

New Section made by final rulemaking at 24 A.A.R. 1518, effective 6/30/2018.

Ariz. Admin. Code § R13-14-203 Hearing Procedures

A. Except as modified by this Chapter, the Board shall conduct a hearing regarding a complaint according to the procedures at A.R.S. Title 41, Chapter 6, Article 10 and the rules of the Office of Administrative Hearings at 2 A.A.C. 19.

B. If the Board finds after a hearing that a complainant is a vexatious litigant, as defined at A.R.S. § 12-3201, the Board may take the same action with regard to the complainant as the Superior Court would be allowed to take under A.R.S. § 12-3201.

History

New Section made by final rulemaking at 24 A.A.R. 1518, effective 6/30/2018.

Ariz. Admin. Code § R13-14-204 Disciplinary Action

If the Board determines disciplinary action under A.R.S. § 22-137(A)(5) is warranted, the Board shall consider factors including, but not limited to, the following when determining the appropriate discipline:

1. Prior disciplinary offenses;

2. Dishonest or self-serving motive;

3. Pattern and frequency of misconduct;

4. Bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the Board;

5. Submission of false evidence, false statements, or other deceptive practices during the investigative or disciplinary process;

6. Refusal to acknowledge wrongful nature of conduct; and

7. Harm caused to a member of the public.

History

New Section made by final rulemaking at 24 A.A.R. 1518, effective 6/30/2018.

Ariz. Admin. Code § R13-14-205 Review or Rehearing of Decision

A. A party aggrieved by a Board order or decision may:

1. Seek judicial review of the order or decision under A.R.S. § 12-904; or

2. Except as provided in subsection (G), file a written motion for review or rehearing with the Board not later than 30 days after service of the order or decision. For purposes of this subsection, service is complete on personal service or five days after the date the Board order or decision was mailed to the party's last known address.

B. A motion for rehearing or review may be amended at any time before it is ruled on by the Board. A party may file a response within 15 days after service of the motion or amended motion by any other party. The Board may require written briefs regarding the issues raised in the motion and may provide for oral argument.

C. The Board may grant rehearing or review of a Board order or decision for any of the following causes materially affecting the moving party's rights:

1. An irregularity in the administrative proceedings of the Board or the prevailing party or any order or abuse of discretion that caused the moving party to be deprived of a fair hearing;

2. Misconduct of the Board or the prevailing party;

3. An accident or surprise that could not be prevented by ordinary prudence;

4. Newly discovered material evidence that could not with reasonable diligence be discovered and produced at the original hearing;

5. An error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing or during the progress of the case; or

6. The order or decision is not justified by the evidence or is contrary to law.

D. The Board may affirm or modify a Board order or decision or grant a rehearing or review to all or any of the parties, on all or part of the issues, for any of the reasons specified in subsection (C). An order granting a rehearing or review shall specify the grounds on which the rehearing or review is granted, and the rehearing or review shall cover only the matters specified.

E. Not later than 30 days after a Board order or decision is rendered, the Board may on its own initiative order a rehearing or review of its order or decision for any reason specified in subsection (C). After giving the parties or their counsel notice and an opportunity to be heard on the matter, the Board may grant a motion for rehearing or review for a reason not stated in the motion.

F. When a motion for rehearing or review is based on affidavits, the party shall serve the affidavits with the motion. An opposing party may, within 15 days after service, serve opposing affidavits. The Board for good cause or by written agreement of all parties may extend the period for service of opposing affidavits to a total of 20 days. Reply affidavits are permitted.

G. If the Board finds that the immediate effectiveness of a Board order or decision is necessary to preserve public peace, health, or safety and that a rehearing or review of the Board order or decision is impracticable, unnecessary, or contrary to the public interest, the Board order or decision may be issued as a final order or decision without an opportunity for a rehearing or review. If a Board order or decision is issued as a final order or decision without an opportunity for rehearing or review, any application for judicial review of the order or decision shall be made within the time permitted for final orders or decisions.

H. A complainant:

1. Is not a party to:

a. A Board administrative action, decision, or proceeding; or

b. A court proceeding for judicial review of a Board decision under A.R.S. §§ 12-901 through 12-914; and

2. Is not entitled to seek rehearing or review of a Board action or decision under this Section.

History

New Section made by final rulemaking at 24 A.A.R. 1518, effective 6/30/2018.

Article 3 TRAINING AND EQUIPMENT PROGRAM GRANTS

Ariz. Admin. Code § R13-14-301 Request for Grant Applications

A. As required under A.R.S. § 22-138, the Board makes grants for constable training and support and equipment.

B. The Board shall issue requests for grant applications that meet the standards required under A.R.S. § 41-2702.

C. The Board shall post the requests for grant applications on the Board's website at least six weeks before grant applications are due. The Board shall send written notice of the online availability of the requests for grant applications to all constables and any person that has submitted a written request to receive the notice.

History

New Section made by final rulemaking at 24 A.A.R. 1518, effective 6/30/2018.

Ariz. Admin. Code § R13-14-302 Evaluation of Grant Applications

A. Members of the Board shall review and evaluate each grant application in a manner consistent with A.R.S. § 41-2702. The Board shall base the Board's decision regarding an application only on the criteria specified in the request for grant applications.

B. The Board shall vote on each application and award grants at a public meeting.

History

New Section made by final rulemaking at 24 A.A.R. 1518, effective 6/30/2018.

Chapter 15 DEPARTMENT OF PUBLIC SAFETY - RAPID DNA

Article 1 LAW ENFORCEMENT RAPID DNA TESTING

Ariz. Admin. Code § R13-15-101 Definitions

In this article, unless the context otherwise requires:

1. "Accredited laboratory" means a laboratory that currently meets ISO 17025 accreditation standards and holds accreditation through a nationally or internationally accrediting organization.

2. "Allele" means one of two or more versions of a gene.

3. "Chromosome" means the structure found in the nucleus of a cell that carries genetic information.

4. "CJIS" means "Criminal Justice Information Services", a division of the Federal Bureau of Investigations which sets law enforcement standards for data security and encryption.

5. "Crime scene sample" means a sample collected from a crime scene believed to contain DNA of value to advance the investigation.

6. "Database" means a repository for convicted offender and arrestee samples to be used in a search against an unknown DNA profile in accordance with A.R.S. § 13-1610.

7. "Department" means the Arizona Department of Public Safety.

8. "Developmental validation" means a method, as outlined in the Quality Assurance Standards, of determining that a Rapid DNA instrument meets generally accepted scientific standards for Rapid DNA analysis. This validation is performed and/or coordinated by the manufacturer of the instrument and must be made publicly available.

9. "Director" means the Director of the Arizona Department of Public Safety.

10. "DNA" means deoxyribonucleic acid, which is the hereditary material in humans and other organisms.

11. "DNA profile" means a set of numbers from a series of genetic markers obtained from an individual's DNA.

12. "Gene" means a unit of heredity which is transferred from a parent to an offspring that determines some characteristic of the offspring.

13. "Heredity" is the passing on of genetic characteristics from one generation to another.

14. "Internal validation" means a method performed by an accredited laboratory, as outlined in the Quality Assurance Standards, of determining that a Rapid DNA instrument meets generally accepted scientific standards for Rapid DNA analysis as used in the Rapid DNA testing program for the agency.

15. "Known reference sample" means a sample of DNA taken directly from an individual.

16. "Ladder" means a representation of the most common alleles present within a locus. The alleles present provide a reference to size the alleles present in the sample being analyzed.

17. "Locus" means the position of a gene on a chromosome.

18. "Negative control" means a quality control measure which is a sample used on the Rapid DNA instrument to detect DNA contamination in the reagents and consumables.

19. "Nucleus" means the center structure of a cell that contains genetic information.

20. "Performance check" means a series of analyses run on a Rapid DNA instrument at a Rapid DNA testing site to determine that the instrument can be put into service for Rapid DNA testing of crime scene and known reference samples.

21. "Positive control" means a known DNA sample processed on the Rapid DNA instrument that provides the expected DNA profile for that sample.

"Quality Assurance Standards (QAS)" means quality assurance requirements that are incorporated by reference by the Federal Bureau of Investigations, Quality Assurance Standards for Forensic DNA Testing Laboratories dated July 1, 2020.

23. "Rapid DNA" means an automated process of developing a DNA profile from a crime scene samples or known reference samples within a compressed period of time, typically under two hours.

24. "Rapid DNA Consultant" means an individual who is a forensic scientist with training and experience in DNA analysis and interpretation; who has successfully completed an agency's Rapid DNA Operator training program; who can perform interpretations on crime scene samples or known reference samples when requested by a Rapid DNA Operator; and who may teach training classes for new Rapid DNA Operators.

25. "Rapid DNA Coordinator" means an employee of the Arizona Department of Public Safety who meets the requirements of a Rapid DNA Consultant and who oversees the operations of the Department's Law Enforcement Rapid DNA Program.

26. "Rapid DNA instrument" means a scientific instrument used to conduct Rapid DNA analysis.

27. "Rapid DNA Operator" means an individual who has successfully completed an agency's Rapid DNA Operator training program and can operate the Rapid DNA instrument specific to their training.

28. "Rapid DNA partner agency site" means a Rapid DNA site that has met all of the requirements for a Rapid DNA testing site and that, additionally, has partnered with the Department to access their Rapid DNA database and receive support from the Rapid DNA Coordinator.

29. "Rapid DNA testing site" means a location at a law enforcement agency in the State of Arizona that meets the specific requirements to support and maintain a Rapid DNA law enforcement program and has been approved to do so by the Department.

30. "Raw data" is data from a Rapid DNA instrument prior to any adjustments that might be made by a software program utilized by the instrument.

History

New section made by final rulemaking at 28 A.A.R. 998, effective 7/3/2022.

Ariz. Admin. Code § R13-15-102 Exemptions

Rapid DNA applications that are not being performed as part of a law enforcement program to develop investigative leads from crime scenes and known reference sample and testing sites that are not associated with an accredited laboratory through a legally binding agreement and do not use personnel for testing associated with a law enforcement agency are exempt from this chapter. These exempt applications include the following:

1. Unidentified human remains testing by medical examiner/coroner offices,

2. Victim identification in mass disaster scenarios,

3. Missing persons cases not associated with a law enforcement crime scene investigation,

4. Applications within accredited laboratories; or

5. Rapid DNA booking stations.

History

New section made by final rulemaking at 28 A.A.R. 998, effective 7/3/2022.

Ariz. Admin. Code § R13-15-103 Instruments; Approvals, Standards, Authorizations

A. The Director may approve instruments used to perform Rapid DNA analysis as part of a law enforcement program after receiving a report from an accredited laboratory that successfully tested a typical model of the instrument for compliance with the standards in subsection (B).

B. The instrument shall meet the following standards of performance:

1. The instrument shall have a publicly-available developmental validation completed by the manufacturer which follows the requirements of the QAS and includes, where applicable:

a. Characterization of the genetic marker,

b. Species specificity,

c. Sensitivity studies,

d. Stability studies,

e. Reproducibility,

f. Case-type sample,

g. Population studies,

h. Mixture studies,

i. Precision and accuracy studies; and

j. PCR-based studies.

2. The instrument shall have an internal validation completed by the submitting accredited laboratory which follows the requirements of the QAS and includes, where applicable:

a. Known and mock evidence samples,

b. Precision and accuracy studies,

c. Sensitivity and stochastic studies,

d. Mixture studies; and

e. Contamination assessments.

3. The instrument shall allow the accredited laboratory performing the internal validation the ability to access, view and interpret raw data from the instrument in order to ensure the integrity of the analysis.

C. The accredited laboratory shall provide the following to the Department for approval of the Rapid DNA instrument:

1. A copy of the developmental validation,

2. A summary of the internal validation,

3. All data from the internal validation; and

4. Any additional supporting documentation or calculations needed to support the internal validation.

D. The Department, upon specific findings that a device is unreliable, inaccurate, or otherwise unable to meet the requirements of a validation, shall publish a disapproval of use of the instrument.

E. The following instrument is approved by the Director:

| Instrument Device/Model | Manufacturer | | --- | --- | | RapidHIT ID | Thermofisher |

F. Only Rapid DNA Operators are authorized to operate approved Rapid DNA instruments for use at law enforcement agencies.

G. The Director may publish a temporary approval of a Rapid DNA instrument that has been successfully tested for compliance with the standards in subsection B for use prior to and pending the instrument being added to subsection E. The temporary approval shall expire three years after its effective date.

History

New section made by final rulemaking at 28 A.A.R. 998, effective 7/3/2022.

Ariz. Admin. Code § R13-15-104 Operator Certification

A. In order to be certified as a Rapid DNA Operator to operate a Rapid DNA instrument as part of a law enforcement program, an employee of a law enforcement agency shall successfully complete training that meets the following criteria:

1. A training program approved by the Director.

2. The training program shall include at a minimum the following:

a. Information on basic biology, specifically including what DNA is and its purpose,

b. Information on basic DNA analysis,

c. Identification of appropriate sample types for analysis on Rapid DNA instrumentation,

d. Proper collection and preservation of samples for analysis on Rapid DNA instrumentation,

e. Information on clean techniques to process samples and minimize contamination,

f. Information on DNA databases,

g. Evaluation and interpretation of DNA results,

h. Basic knowledge of the operation of a Rapid DNA instrument,

i. Information on court testimony regarding Rapid DNA analysis,

j. Taking a sample from collection to identification of an investigative lead using the Rapid DNA instrument and where applicable any associated database,

k. A written examination covering the objectives in subsections (a) through (i); and

l. A practical examination to demonstrate competence in subsection (j).

3. Certification as a Rapid DNA Operator is contingent upon successful completion of the approved training program as measured by the written and practical examinations associated with the program. The written examination shall be passed with a minimum score of 90% and the prospective operator shall demonstrate the ability to successfully operate the Rapid DNA instrument in a practical-use test.

4. Maintaining certification as a Rapid DNA Operator is contingent on completing one of the following on an annual basis:

a. Submission to the Department of evidence of successful operation of the Rapid DNA instrument during the annual period; or

b. Submission to the Department of evidence of successful completion of a proficiency test that demonstrated operation of the instrument and receiving the expected result as shown by the test record completed by the operator on the Rapid DNA instrument during the annual period.

B. The Department may suspend or revoke the certification of a Rapid DNA Operator for any of the following reasons:

1. Any falsified test results or false statements to the Department, other law enforcement agency or criminal justice entity.

2. Failure of an operator to maintain quality control over sample preparation, reagents, or instrumentation during analysis of samples.

3. Failure of the operator to provide evidence of successful operation of the instrument on an annual basis pursuant to subsection (A)(4).

4. Failure to operate the Rapid DNA instrument according to approved procedures or methods.

5. Undertaking actions that compromise the integrity of the results or of the Rapid DNA testing program.

C. The provisions of A.R.S. Title 41, Chapter 6, Article 10 are applicable to denials, revocations, suspensions and administrative appeals.

History

New section made by final rulemaking at 28 A.A.R. 998, effective 7/3/2022.

Ariz. Admin. Code § R13-15-105 Testing Requirements and Procedures

A. Rapid DNA testing sites shall be associated with an accredited laboratory through a legally binding agreement and use personnel for testing associated with a law enforcement agency to develop investigative leads from a crime scene and known reference samples.

B. Rapid DNA testing conducted at law enforcement sites shall follow the procedures or protocols outlined in the training program for that agency, site, and Rapid DNA instrument.

C. Rapid DNA Operators shall follow on-screen prompts on the Rapid DNA instrument when performing Rapid DNA testing.

D. The amount of sample used in Rapid DNA testing for a case shall not compromise the ability of the associated accredited laboratory to complete conventional DNA testing on that sample.

1. If Rapid DNA testing would consume too much of the sample to allow conventional DNA testing within the associated accredited laboratory, Rapid DNA testing shall not be conducted on that sample.

2. Consultation with the associated accredited laboratory may be necessary to determine whether the amount of sample is sufficient to complete both Rapid DNA and conventional DNA testing.

E. Rapid DNA testing shall be conducted only on sample types approved for the specific Rapid DNA instrument being used as demonstrated by the internal validation for the instrument and as outlined in the training program for the instrument.

F. Each instrument run shall be documented on a run log which shall include at a minimum the following:

1. Instrument and site information,

2. Date and time of sample run,

3. Date and time of sample collection,

4. Lot numbers of reagents,

5. Case number,

6. Agency,

7. Operator,

8. Type of sample,

9. Type of case; and

10. Results of analysis.

a. If profile developed.

b. If investigative lead developed.

G. Run logs shall be maintained for a minimum of two years at each Rapid DNA testing site and be made immediately available for review by the Department when requested.

H. Supplemental reports documenting the Rapid DNA test shall be included with each case file.

History

New section made by final rulemaking at 28 A.A.R. 998, effective 7/3/2022.

Ariz. Admin. Code § R13-15-106 Testing Site Minimum Facilities Requirements

A. All Rapid DNA testing sites shall have the following:

1. A minimum of six square feet of counter space to perform sample preparation and sample analysis,

2. A minimum of 100 square feet of space to house the Rapid DNA instrument, a computer with monitor, and a printer,

3. Appropriate temperature, lighting and humidity to maintain the integrity of samples, the Rapid DNA instrument, and reagents as specified by the manufacturer of the instrument and reagents,

Restrictions on personnel access to reduce potential contamination of samples,

5. Uninterrupted power supply or other backup power source to prevent damage to the instrument and to prevent failures of Rapid DNA tests due to power loss,

6. Floors and countertops able to withstand frequent decontamination with bleach solutions, and

7. A temperature-monitored refrigerator for storage of reagents, where applicable.

B. Testing sites cannot be used for any other purpose besides preparation of samples for Rapid DNA analysis and running of samples on the instrument.

C. Floors, countertops and equipment shall be decontaminated on a regular basis at minimum of every two weeks to maintain cleanliness and minimize any foreign DNA. A cleaning log should be maintained at each testing site and be made available for review by the Department when requested.

D. Equipment calibration and maintenance shall be tracked in a log that is maintained at each Rapid DNA testing site. At a minimum the log shall contain information on the date and nature of the calibration or maintenance and include any associated paperwork from the person performing the calibration or maintenance. This log shall be made available for review by the Department when requested.

History

New section made by final rulemaking at 28 A.A.R. 998, effective 7/3/2022.

Ariz. Admin. Code § R13-15-107 Partner Agency Sites

A. A partner agency site shall meet all the standards in R13-15-105 and R13-15-106.

B. Additional standards include the following:

1. The partner agency site shall comply with any additional internal program requirements of the Department which includes a memorandum of understanding (MOU) between the agencies.

2. Run logs shall be provided to the Department on a calendar quarterly basis.

History

New section made by final rulemaking at 28 A.A.R. 998, effective 7/3/2022.

Ariz. Admin. Code § R13-15-108 Audits

A. The testing site shall be audited at least once in any six to 18-month period by the associated accredited laboratory. An audit shall ensure the testing site is in compliance with R13-15-103(D)(E)(F)(G), R13-15-104(A), R13-15-105 and R13-15-106.

B. If the audit of the Rapid DNA testing site determines that the site is not in compliance with the standards in subsection A, the testing site shall be suspended and cease operations until the associated accredited laboratory and the Department determines the site is once again in compliance.

C. Documentation of audits shall be maintained at both the testing site and at the associated accredited laboratory for a minimum of five years.

History

New section made by final rulemaking at 28 A.A.R. 998, effective 7/3/2022.