Section R17-7-204. Authorized Third-party Requirements

A.      An authorized third party shall maintain compliance with all state and federal laws, Department rules, and authorization agreement provisions.

B.       While holding a third-party authorization, any principal or cer- tified individual of an authorized third party shall not have a:

1.        Suspension, cancellation, revocation, or denial of another similar business license or agreement issued by the Department; or

2.        Delinquent fees, taxes, or unpaid balance owed to the Department.

C.      Until returned to the Department, an authorized third party shall retain the following records at an established place of business or at the principal place of business:

1.        All logs and copies of completed, issued, or voided accountable inventory;

2.        All unused accountable inventory; and

3.        All other paper and electronic records, including all sup- porting documents, relating to the activities provided by the authorized third party.

D.      On the request of the Department, an authorized third party shall produce and deliver to the Department the records listed in subsection (C).

E.       An authorized third party shall maintain a copy of the certifi- cate issued by the Department relating to each type of autho- rized activity that a certified individual performs at the business location where the certified individual works.

F.       An authorized third party shall retain a certified individual’s personnel file for a minimum of one year after the certified individual’s last day of work. The personnel file shall include the certified individual’s:

1.        Dates of employment,

2.        All computer access forms (if applicable), and

3.        Computer access termination form (if applicable).

G.      An authorized third party shall comply with the audit and inspection requirements of A.R.S. § 28-5102 and R17-7-401.

H.      An authorized third party shall provide a safe work area ade- quate in size and otherwise suitable to accommodate all autho- rized activities.

I.        An authorized third party shall:

1.        Have facilities, including the vicinity and equipment, pre- approved or prescribed by the Department;

2.        Have one or more established places of business as approved by the Department; and

3.        Conduct all authorized activities only at the approved established places of business.

J.        An authorized third party shall obtain the Department’s written approval before:

1.        Changing the location or floor plan of each established place of business,

2.        Changing a skills test route or test site,

3.        Performing any additional authorized activity,

4.        Conducting any other businesses at an established place of business, or

5.        Using or adopting a name different from the name speci- fied on its authorization agreement.

K.      An authorized third party shall provide written notice to the Department, within five business days, of any changes, includ- ing full name and address, to the list of certified individuals or the contact individual.

L.       An authorized third party that is open to the public shall post at each place of business the sign required by A.R.S. § 28- 5101(J), and a sign provided by the Department that states the business:

1.        Is a Department-authorized third-party provider, and

2.        May charge the customer a convenience fee when appli- cable.

M.     An authorized third party shall comply with the application requirements of R17-7-201 and provide the required informa- tion 30 days before making any ownership changes.

N.      An authorized third party shall attend all ongoing Department- approved training within the time-frames established by the Department in its authorization agreement.

O.      An authorized third party shall not employ, contract with, or otherwise engage a current Department employee.

P.       An authorized third party shall:

1.        Submit all documents and corrections, according to state laws, rules, and the terms and conditions of its authoriza- tion agreement;

2.        Immediately notify the Department of any unlawful actions relating to motor vehicle transactions that become known to the authorized third party;

3.        Require that a customer submit all supporting documen- tation prescribed by the Department relating to a transac- tion before updating the Department databases;

4.        Provide written notice to the Department within 24 hours if a certified individual’s:

a.         Driver license is suspended, revoked, canceled, or disqualified by the Department, including a com- mercial  driver  license  medical   suspension  under

A.A.C. R17-4-508;

b.        Vehicle certificate of title is canceled by the Depart- ment; or

c.         Vehicle registration is suspended or canceled by the Department;

5.        Conduct skills tests, if applicable, only on test routes approved by the Department; and

6.        Maintain all minimum required insurance coverage as prescribed in the authorization agreement.

Q.      An authorized third party shall not solicit an individual for any purpose on premises rented, leased, or owned by the Depart- ment or any other business authorized under this Chapter.

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).