Section R17-5-307. Approval or Denial of Application; Hearing; Appeal

A.      An application will not be approved by the Department or pri- vate entity unless it is properly and fully completed with all required supporting documents and applicable fees as identi- fied in this Article.

B.       The Department or private entity shall provide written notifi- cation to the professional driver training school or traffic sur- vival school of the approval or denial of a license or qualification. A notice denying the applicant a license or qual- ification under this Article shall specify the basis for denial and indicate that the applicant may request a hearing on the denial with the Department’s Executive Hearing Office within

30 calendar days of the date on the notice unless the applica- tion is withdrawn by the applicant.

C.      The Department or private entity may issue a license to the school or professional driver training instructor applicant or deem a traffic survival school instructor applicant qualified when a completed application is received and the applicant has successfully completed all required training and examinations.

D.      Unless the application is withdrawn by the applicant, the Department or private entity may deny an application in which the applicant has:

1.        Failed to have or to document a satisfactory driver record as defined in R17-5-301;

2.        Failed  to  meet  the   good  standing  requirement   of  the Department as defined in R17-5-301;

3.        Failed to meet the fingerprint clearance card requirement under R17-5-304, as applicable;

4.        Made a material misrepresentation or misstatement on the application;

5.        Violated a federal or state law or rule; or

6.        Failed  to  complete  all  applicable   application  require- ments under this Article.

E.       If timely requested by an applicant under subsection (B), the Department shall schedule and conduct a hearing as prescribed under A.R.S. Title 41, Chapter 6, Article 6 and 17 A.A.C. 1, Article 5 for denial of a license.

F.       An applicant whose application was previously denied by the Department or private entity for making a material misrepre- sentation or misstatement on the application is not eligible to reapply for 12 months from the date of previous denial.

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).