Section R20-5-420. Special Inspector Certificate under A.R.S. § 23- 485

A.      Review Time-frames.

1.        Administrative Completeness Review.

a.        The Division shall determine whether an application to take a written examination or request for a special inspector certificate under A.R.S. § 23-485 is com- plete within three days of receipt of the application or request. The Division shall inform the applicant whether the application or request is complete or incomplete by written notice. If the application or request is incomplete, the Division shall include in its written notice to the applicant a complete list of the missing information.

b.        The Division shall deem an application or request withdrawn if an applicant fails to file a complete application or request within 10 days of being noti- fied by the Division that the application or request is incomplete, unless the applicant obtains an exten- sion to provide the missing information. An appli- cant may obtain an extension to submit the missing information by filing a written request with the Divi- sion no later than 10 days after the Division mails notice that the application or request is incomplete. The written request for an extension shall state the reasons the applicant is unable to meet the 10-day deadline. If an extension will enable the applicant to assemble and submit the missing information, the Division shall grant an extension of not more than 10 days and provide written notice of the extension to the applicant.

2.        Substantive review.

a.        Application   to   take   written    examination   under

A.R.S. § 23-485(A). Within three days after the Division deems an application complete under sub- section (B), the Division shall determine whether the applicant is eligible to take the National Board Examination.

b.        Request   for   special   inspector    certificate   under

A.R.S. § 23-485. Within three days after the Divi- sion deems a request complete under subsection (C), the Division shall determine whether the applicant meets the criteria of A.R.S. § 23-485 and subsection (C).

3.      Overall review. The overall review period shall be six days, unless extended under A.R.S. § 41-1072 et seq.

B.       Application to take Written Examination under A.R.S. § 23- 485(A).

1.        An individual requesting to take the written examination under A.R.S. § 23-485(A) shall complete an application to take the National Board Examination and submit the application to the Division at least 45 days before the date of the examination.

2.        The application to take the National Board Examination shall be filed with the Division. An application is consid- ered filed when it is received at the office of the Division and stamped by the Division with the date of filing.

3.        An application to take the National Board Examination shall be on a legible form, paper or electronic, issued to the Division, with the following information:

a.        Full legal name,

b.        State or country of residency,

c.        Mailing address,

d.        Telephone number,

e.        E-mail address, and

f.         Employer’s name and address.

C.      Application for Special Inspector Certificate under A.R.S. § 23-485. An application for a special inspector certificate under

A.R.S. § 23-485 is deemed complete under subsection (A)(1) when the following is filed with the Division:

1.        The applicant provides written documentation that the applicant holds a certificate of competency as an inspec- tor of boilers or lined hot water heaters for a state that has a standard of examination equal to that of Arizona or the applicant is a National Board Commissioned Inspector, and

2.        The applicant provides proof of employment as a full time inspector for a company conducting business in Ari- zona and whose duties as an inspector include making inspections of boilers or lined hot water heaters to be used or insured by the company and not for resale.

D.      If an applicant meets the criteria of A.R.S. § 23-485 and sub- section (C), the Division shall issue a certificate to the appli- cant under subsection (C). If an applicant fails to meet the criteria of A.R.S. § 23-485 and subsection (C), the Division shall issue a written notice denying eligibility to the applicant. The Commission shall deem the notice denying  eligibility final if an applicant does not request a hearing within 15 calen- dar days after the Division mails the notice.

E.       Written Examination under A.R.S. § 23-485(A).

1.        The written examination described in A.R.S. § 23-485(A) shall be the National Board Examination of the National Board of Boiler and Pressure Vessel Inspectors.

2.        The Division shall administer the National Board Exam- ination the first Wednesday and Thursday of every March, June, September, and December to eligible appli- cants. Within two days after the Division administers the

National Board Examination, the Division shall return the examinations of eligible applicants to the National Board of Boiler and Pressure Vessel Inspectors. Examinations shall be graded by the National Board of Boiler and Pres- sure Vessel Inspectors.

3.        The Division shall provide written notice to an applicant of the applicant’s grade for the National Board Examina- tion within three days after the Division receives notice of the grade from the National Board of Boiler and Pressure Vessel Inspectors.

4.        The Division shall issue a certificate of competency to an applicant who passes the National Board Examination.

F.       Issuance of Special Inspector Certificate. The Division shall issue a special inspector certificate, A.R.S. § 23-485, to an applicant no later than 15 calendar days after the Division determines that an applicant meets the criteria of A.R.S. § 23- 485 and subsection (C).

G.      Hearing on Denial of Eligibility for Special Inspector Certifi- cate.

1.        A request for hearing protesting a notice of eligibility shall be in writing and signed by the applicant or the applicant’s legal representative. The applicant shall file the request for hearing with the Division.

2.        The Commission shall hold a hearing under A.R.S. § 41- 1065. The hearing shall be stenographically recorded.

3.        The Chair of the Commission or designee shall preside over hearings held under this Section. The Chair shall apply the provisions of A.R.S. § 41-1062 et seq. to hear- ings held under this Section and shall have the authority and power of a presiding officer as described in A.R.S § 41-1062.

4.        A decision of the Commission to deny or grant eligibility for a special inspector certificate shall be based upon the criteria set forth in A.R.S. § 23-485 and this Section and shall be made by a majority vote of the quorum of Com- mission members present when the decision is rendered at a public meeting. After a decision is rendered at a pub- lic meeting, the Commission shall issue a written deci- sion upon hearing which shall include findings of fact and conclusions of law, separately stated. An order of the Commission denying a special inspector certificate is final unless an applicant files a request for review within 15 days after the Commission mails its order.

5.        A request for review shall be based upon one or more of the following grounds which have materially affected the rights of an applicant:

a.        Irregularities in the hearing proceedings or any order or abuse of discretion whereby the applicant seeking review was deprived of a fair hearing;

b.        Misconduct by the Division;

c.        Accident or surprise which could not have been pre- vented by ordinary prudence;

d.        Newly discovered material evidence that could not have been discovered with reasonable diligence and produced at the hearing;

e.        Excessive or insufficient sanctions or penalties imposed at hearing;

f.         Error in the admission or rejection of evidence, or errors of law occurring at, or during the course of, the hearing;

g.        Bias or prejudice of the Division; and

h.        The order, decision, or findings of fact are not justi- fied by the evidence or are contrary to law.

6.        The Commission shall issue a decision upon review no later than 30 days after receiving a request for review.

7.        The Commission’s decision upon review is final unless an applicant seeks judicial review as provided in A.R.S. § 23-483.

Historical Note

Repealed effective April 12, 1979 (Supp. 79-2). R20-5- 420 recodified from R4-13-420 (Supp. 95-1). New Sec- tion adopted effective October 9, 1998 (Supp. 98-4).

Amended by final rulemaking at 15 A.A.R. 1496, effec- tive August 18, 2009 (Supp. 09-3).