Section R17-4-709. Determination of Security Threat

Upon notification by TSA that an applicant has failed to success- fully pass the Security Threat Assessment:

1.        For an original applicant:

a.         The Division will deny the request for an HME; and

b.        If otherwise qualified, the applicant may apply for a CDL without an HME.

2.        For a renewal applicant:

a.         The Division shall immediately cancel the HME.

b.        The Division will notify an HME applicant with a Notice of Action that the applicant has 15 days from the notice date to have the HME removed.

c.         The applicant shall visit a designated CDL office for removal of the HME.

d.        If the applicant fails to comply with the Division’s Notice of Action, the Division shall cancel the appli- cant’s Arizona Driver License privilege.

e.         Upon removal of an HME by the Division under this Section, an applicant, if otherwise qualified, may continue to hold a CDL.

Historical Note

Adopted by an emergency action effective December 1, 1998, pursuant to A.R.S. § 41-1026, effective for a maxi- mum of 180 days (Supp. 98-4). Emergency expired May 29, 1999; Section renewed and amended by emergency rulemaking, pursuant to A.R.S. § 41-1026, at 5 A.A.R. 2433, effective July 7, 1999 for a maximum of 180 days (Supp. 99-3). Emergency Section expired January 3, 2000, pursuant to A.R.S. § 1026(C); new Section adopted by final rulemaking at 6 A.A.R. 549, effective January 11, 2000 (Supp. 00-1). Amended by final rulemaking at 7

A.A.R. 59, effective December 7, 2000 (Supp. 00-4). Section recodified to R17-5-601 at 7 A.A.R. 3483, effec- tive July 20, 2001 (Supp. 01-3). New Section made by

final rulemaking at 13 A.A.R. 684, effective April 9,

2007 (Supp. 07-1).