Section R17-5-323. Non-compliance; Notice of Corrective Action; Cancellation, Suspension, or Revocation of a Professional Driver Training School or Instructor License or Traffic Sur- vival School License; Hearing and Appeal

A.      The following definitions apply to this Section:

1.        “Cancellation” means a Department action that with- draws a license issued under A.R.S. Title 28, Chapter 8, Article 7.1 or Title 32, Chapter 23 and this Article.

2.        “Revocation” means a Department action that terminates, for an indefinite period of time, a licensee’s privilege to operate a school or conduct instruction under this Article.

3.        “Suspension” means a Department action that prohibits, for a stated period of time, a licensee from operating as a school or instructor under this Article.

B.       The Department or private entity may initiate corrective action on a licensee or a traffic survival school qualified instructor as provided under A.R.S. Title 28, Chapter 8, Article 7.1, Title 32, Chapter 23, Article 3, or Title 41, Chapter 6, Article 6, and this Article, if satisfactory evidence shows that a licensee or traffic survival school qualified instructor, individually or col- lectively:

1.        Violated a federal or state law or rule relating to a duty prescribed under this Article;

2.        Failed to maintain a status of good standing as defined under R17-5-301; or

3.        Provided false, deceptive, or misleading information to the Department or private entity in either an application or in response to an audit or inspection conducted pursu- ant to R17-5-321.

C.      Corrective action initiated under subsection (A), depending on the severity or number of violations, may result in an action by the Department to impose a term of probation; issue a cease and desist order under A.R.S. § 28-3417 or 32-2394; or request a hearing to cancel, suspend, or revoke an existing license under A.R.S. § 28-3416 or 32-2391.

D.      A notice of corrective action issued by the Department requesting a hearing to cancel, suspend, or revoke an existing license shall include:

1.        The grounds for the Department’s action and its request for a hearing before the Department’s Executive Hearing Office; and

2.        A brief written statement of the hearing and appeal rights for the cancellation, suspension, or revocation of a pro- fessional driver training school or instructor license or a traffic survival school license, as provided under A.R.S. § 28-3416 or 32-2391.

E.       A notice of corrective action issued by the Department to can- cel, suspend, or revoke an existing qualification of a traffic survival school instructor shall include:

1.        The grounds for the Department’s action; and

2.        A brief written statement of the hearing and appeal rights for the cancellation, suspension, or revocation of the qualification of a traffic survival school instructor, as pro- vided in A.R.S.§§ 41-1001(12) and 41-1064.

F.       The Department shall provide notice and conduct hearings as prescribed under A.R.S. Title 41, Chapter 6, Article 6, and 17

A.A.C. 1, Article 5, as applicable.

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).