Section 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 Depart- ment 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 com- pany 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 viola- tion of R13-3-1201(A)(3) unless the tow truck company owner knew or should have known of the tow truck agent’s convic- tions.

Historical Note

New Section made by final rulemaking at 12 A.A.R.

1735, effective July 1, 2006 (Supp. 06-2).