Section R13-11-104. Application Requirements

A.      Good cause exception application. A good cause exception application shall consist of both the criminal history informa- tion provided by DPS and the following materials submitted by an applicant to the Board:

1.        The good cause exception application form prescribed by the Board. This form shall be notarized.

2.        Two letters of reference on forms prescribed by the Board that meet the following requirements:

a.         Both letters of reference shall be from individuals who have known the applicant for at least one year; and

b.        At least one letter of reference shall be from the applicant’s current or former employer or from an individual who has known the applicant for at least three years.

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3.        If the DPS notice indicates that DPS could not deter- mine 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.        For any charges that occurred five years or less prior to the date on the DPS notice, regardless of whether the charges were listed on the DPS notice, the police report for each charge and documents from the appropriate court showing the disposition of the charge.

5.        For every criminal conviction, regardless of whether the offenses were listed on the DPS notice, docu- ments from the appropriate court showing that the applicant has met all judicially imposed obligations or sentencing conditions or that records pertaining to the applicant either 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 docu- ments from the appropriate court showing the status of the applicant’s efforts toward meeting the obliga- tions.

6.        A statement written by the applicant that explains each charge, regardless of whether the charges were listed on the DPS notice.

B.       Central registry exception application. A central registry exception application shall consist of the criminal history information provided by DPS, the redacted CPS report and investigative information provided by DES, and the following materials submitted by an applicant to the Board:

1.        The central registry exception application form pre- scribed by the Board. This form shall be notarized.

2.        Two letters of reference on forms prescribed by the Board that meet the following requirements:

a.         Both letters of reference shall be from individuals who have known the applicant for at least one year; and

b.        At least one letter of reference shall be from the applicant’s current or former employer or from an individual who has known the applicant for at least three years.

3.        If the applicant has had any criminal charges:

a.         Documents from the appropriate court showing the disposition of the criminal charges or showing that records pertaining to the applicant either do not exist or have been purged.

b.        For any charges that occurred five years or less prior to the date on the DES notice, the police report for each charge and documents from the appropriate court showing the disposition of each charge.

c.         For every criminal conviction, documents from the appropriate court showing that the applicant has met all judicially imposed obligations or sentencing con- ditions or that records pertaining to the applicant either do not exist or have been purged. If the appli- cant 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 appli- cant's efforts toward meeting the obligations.

d.        A statement written by the applicant that explains each criminal charge.

4.        A statement written by the applicant that explains each incident that led to a substantiated allegation of child abuse or neglect.

5.        If CPS assigned a case plan to the applicant, the cur- rent CPS case plan or documentation from CPS showing that the case plan is unavailable.

C.      The Board or its hearing officer may accept any other docu- ments an applicant submits, as allowed by A.R.S. § 41-1062.

Historical Note

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 renum- bered to R13-11-109; new Section R13-11-104 made by exempt rulemaking at 9 A.A.R. 4449, effective Septem- ber 26, 2003 (Supp. 03-3). Amended by exempt rulemak-

ing 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).