Section R17-5-301. Definitions

In addition to the definitions under A.R.S. §§ 28-101 and 32-2351, the following definitions apply to this Article, unless otherwise specified:

“Activity” means a function or service that is provided by a licensed professional driver training school pursuant to A.R.S. Title 32, Chapter 23 or licensed traffic survival school pursu-

ant to A.R.S. Title 28, Chapter 8, Article 7.1 and that is per- formed by a licensed instructor or qualified instructor as defined in this Article.

“Applicant” means an individual or school, including princi- pals, requesting in the manner set forth in this Article the issu- ance or renewal of a license or to become a qualified instructor under A.R.S. Title 28, Chapter 8, Article 7.1 or Title 32, Chap- ter 23 and this Article.

“Application date” means the date the Department or private entity receives a signed application from an applicant.

“Audit” means a review of the operations, facilities, equip- ment, and records of a licensee under this Article, which is performed by the Department or private entity under A.R.S. § 28-3411 or 32-2352 to assess and ensure compliance with all applicable federal and state laws and rules.

“Branch” means a licensed professional driver training school’s or licensed traffic survival school’s business location that is an additional established place of business, but not the school’s principal place of business.

“Business day” means a day other than a Saturday, Sunday, or legal state holiday.

“Business manager” means an owner or employee of a licensed school who has primary and sufficient oversight, supervision, and responsibility for all operations necessary to ensure full compliance with all applicable federal or state laws, rules, and school guidelines.

“Certificate of completion” means an electronic or paper docu- ment that is approved by the Department or private entity and that is issued by a traffic survival school or high school quali- fied instructor to a student who has demonstrated successful completion of a training or educational session or both con- ducted under this Article.

“Department-approved inventory” means educational media and related items or other resources provided and approved by the Department or private entity that are deemed necessary or useful for traffic survival school instruction, which includes curriculum, computer disks or drives, classroom training mate- rials, instructor  workbooks, instructor training  manuals, or other materials, whether stored in paper or electronic formats.

“Established place of business” means a licensed professional driver training school’s or licensed traffic survival school’s business location that is:

Approved by the Department, Located in Arizona,

Not used as a residence, and

Where the licensed school performs licensed activities. “Good moral character” means a person:

Has not been convicted of a class 1 or 2 felony by a court

of competent jurisdiction;

Has not within five years of application date been con- victed of any other felony or misdemeanor offense having a reasonable relationship to the functions of the activity or the employment or category for which the qualification is sought;

Has not within five years of application committed any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence or incompetence if the act has a reasonable relationship to the person’s proposed area of license or qualification;

Has not within 12 months engaged in fraud or misrepre- sentation in connection with an application or an exam-

ination required for license or qualification under this Chapter;

“Good standing” means an applicant:

Has not had a similar business license, qualification, or approval suspended, revoked, canceled, or denied within the previous three years of the application date;

Does not have any pending corrective action, as defined under R17-5-323, relating to a Department-issued busi- ness license, qualification, or approval;

Has not had a fingerprint clearance card required for licensure under this Article suspended, revoked, or can- celed;

Does not owe delinquent fees, taxes, or unpaid balances to the Department or private entity;

Has not had any substantiated derogatory information rel- evant to the requested license reported to the Department about the applicant from any state agency or from any consumer protection agency contacted by the Depart- ment; or

Has not been dismissed, or resigned in lieu of dismissal, from a position for cause following allegations of mis- conduct having a reasonable relationship to the person’s proposed area of licensure or qualification, if the appli- cant is a former Department employee or a former princi- pal or employee of a licensed professional driver training school or licensed traffic survival school.

“Immediate family member” has the same meaning as pre- scribed in A.R.S. § 28-2401.

“Inactivation” or “inactive” means a temporary or permanent status, assigned by the Department to a school or professional driver training school instructor previously licensed under this Article, which prohibits the school or instructor from further engaging in the previously licensed activity after the occur- rence of any of the following actions:

Cancellation of license, as defined in R17-5-323; Suspension of license, as defined in R17-5-323; Revocation of license, as defined in R17-5-323; Non-renewal of license; or

Relinquishment of license.

“Licensee” means a school or instructor licensed by the Department or private entity under A.R.S. § 28-3413, 32- 2371, or 32-2372, and this Article, to perform a licensed activ- ity.

“Principal” means any of the following:

If a sole proprietorship, the sole proprietor;

If a partnership, limited partnership, limited liability part- nership, limited liability company or corporation, the:

Partner; Manager; Member; Officer; Director; Agent; or

If a limited liability company or corporation, each stockholder owning 20 percent or more of the lim- ited liability company or corporation; or

If a political subdivision or government agency, the political subdivision or agency head.

“Principal place of business” means a licensed professional driver training school’s or licensed traffic survival school’s administrative headquarters, which shall not be used as a resi- dence.

“Private entity” means an entity that contracts with the Depart- ment under A.R.S. § 28-3411 or 32-2352.

“Professional driver training school instructor license” means an annual license issued by the Department or private entity under A.R.S. § 32-2372, and renewable under A.R.S. § 32- 2374, which authorizes a person to present specific training and educational curriculum to students as provided under this Article.

“Satisfactory driver record” means an applicant has not had within the past 39 months:

A conviction for driving under the influence, reckless or aggressive driving, racing on a highway, or leaving the scene of an accident;

A driver license previously canceled, suspended, revoked, or disqualified; and

More than three previous assignments to attend traffic survival school and no pending assignment.

“Temporary professional driver training school instructor license” means the preliminary license issued to an instructor applicant by the Director or private entity under A.R.S. § 32- 2372, which authorizes the applicant to perform school activi- ties under this Article.

“Traffic survival school qualified instructor” means an indi- vidual deemed qualified by the Department or private entity under this Article to conduct instruction of an education ses- sion on behalf of a licensed traffic survival school.

Historical Note

New Section made by exempt rulemaking under Laws 2013, Ch. 129, § 27 at 21 A.A.R. 1096, effective Septem-

ber 1, 2015 (Supp. 15-2).