Section R17-7-101. Definitions

The following definitions apply to this Chapter unless otherwise specified:

“Accountable inventory” means an item that is reproduced by the Department in a consecutively numbered series for:

Recording the number of a completed, issued, or voided item in a log; and

Reporting the number of a completed, issued, or voided item to the Department.

“Activity” means a function or service that is provided by an authorized third party pursuant to A.R.S. Title 28, Chapter 13 and that is performed by a certified individual as defined in this Article.

“Agency head” or “political subdivision head” means the chief officer of an agency or political subdivision or another individ-

ual with authority to act for the agency head or political subdi- vision head.

“Application Date” means the date an application is received by the Department.

“Authorized third party” means an entity that:

Has written permission from the Department to operate a business under A.R.S. Title 28, Chapter 13; and

Employs or contracts with at least one certified individual to provide a third-party activity.

“Branch” means an authorized third party’s business location that is an additional established place of business.

“Certified individual” means an individual who is certified by the Department under A.R.S. Title 28, Chapter 13 to perform specified activities for an authorized third party as an employee or contractor. The Department may certify an indi- vidual as:

A commercial driver license examiner, A dealer license processor,

A driver license processor, A driver license trainer,

An office personnel member, A tax report processor,

A title and registration processor, A vehicle inspector, or

A vehicle permit processor.

“Commercial driver license examiner” means an individual certified by the Department to administer class A, B, or C driver license skills tests.

“Concentration Banking System” means a type of state bank account, established by the Arizona State Treasurer’s office, for deposit of monies collected by an authorized third party.

“Contact individual” means a principal or designated individ- ual of an authorized third party who communicates with the Department on behalf of the authorized third party.

“Convenience fee” means the amount exceeding the statutorily prescribed fees and taxes that an authorized third party collects and retains for its services.

“Department” means the Arizona Department of Transporta- tion.

“Dealer license processor” means an individual certified by the Department to:

Review applications for vehicle dealer licenses;

Enter  information  related  to  the  applications  in  the Department’s database; and

Issue vehicle dealer licenses under A.R.S. Title 28, Chap- ter 10.

“Driver license processor” means an individual certified by the Department to perform any one or a combination of driver license processing functions under A.R.S. Title 28 as specified in the authorization agreement between the Department and an authorized third party who has engaged the individual to per- form those functions.

“Driver license trainer” means an individual certified by the Department to:

Educate and train persons, either practically or theoreti- cally, or both, to operate or drive motor vehicles;

Prepare applicants for an examination given by the Department or an authorized third party driver license provider for a driver license or instruction permit; and

Charge a consideration or tuition for these services.

“Established place of business” means an authorized third party’s business location that is:

Approved by the Department, Located in Arizona,

Not used as a residence, and

Where the authorized third party performs authorized activities.

“Floor plan” means a Department-approved diagram of a building’s interior, as seen from above, that shows the interior dimensions and the location of doors, windows, and equip- ment.

“Good standing” means an authorized third party applicant or an applicant seeking certification:

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

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

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

If the applicant is a former Department employee, a for- mer authorized third party, or a former employee of an authorized third party, has not been dismissed or resigned from a position for cause, including:

Misconduct, or Resignation from position:

In lieu of dismissal, or

By mutual agreement following allegations of misconduct.

“Log” means a complete, chronological record of accountable inventories and activities performed and kept by the autho- rized third party as prescribed by the Department.

“Motor vehicle inspection” means vehicle verification as pre- scribed in A.R.S. § 28-2011.

“Office personnel member” means an individual who does not perform any other of the activities requiring certification under this Chapter and who is certified by the Department as an employee who performs functions that:

Have exposure to protected personal information, or

Has complete oversight and responsibility for all day-to- day operations necessary to ensure full compliance with all applicable program requirements.

“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 polit- ical subdivision or agency head.

“Principal place of business” means an authorized third party’s administrative headquarters, which shall not be used as a resi- dence.

“Skills test” means a set of tests, authorized and approved by the Department and administered by the Department or by an authorized third party commercial driver license examiner or driver license processor to determine whether the applicant possesses the required skills for the type of license for which the applicant applies.

“Skills test route” means a public road or highway driving course, identified by an authorized third party and approved by the Department, for administering skills tests to driver license applicants.

“Tax report processor” means an individual certified by the Department to:

Process fuel tax reports and interstate user fuel tax reports from fuel suppliers, fuel vendors, and motor carriers; and

File the reports with the Department.

“Test site” means a location, identified by an authorized third party, for administering skills tests to driver license applicants that is:

Approved by the Department, Permanently marked, and

Off the public road or highway.

“Title and registration processor” means an individual certi- fied by the Department to:

Review applications for vehicle certificates of title or reg- istrations under A.R.S. Title 28, Chapter 7;

Enter information related to applications for vehicle cer- tificates of title or registrations into the Department’s database; and

Issue or deny vehicle certificates of title or registrations.

“Vehicle inspector” means an individual certified by the Department to perform motor vehicle inspections.

“Vehicle permit processor” means an individual certified by the Department to:

Review applications for permits or registrations under

A.R.S. Title 28, Chapter 3, Articles 18 and 19, and Chap- ter 7;

Enter  information  related  to  the  applications  in  the Department’s database; and

Issue or deny permits or registrations.

“Vicinity” means the area adjacent to, or in the immediate proximity of, any authorized third party’s places of business.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 1630, effective July 5, 2003 (Supp. 03-2). Amended by final

rulemaking at 12 A.A.R. 2418, effective August 5, 2006 (Supp. 06-2). Amended by exempt rulemaking at 20

A.A.R. 1138, effective May 1, 2014 (Supp. 14-2).