Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 7 - Department of Transportation - Third-party Programs › Article 1 - DEFINITIONS › Section R17-7-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
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 individual with authority to act for the agency head or
				  political subdivision 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 individual 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 individual 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 Transportation.
"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, Chapter
				  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 perform those
				  functions.
"Driver license trainer" means an individual certified by the
				  Department to:
Educate and train persons, either practically or
				  theoretically, 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 equipment.
"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 relevant 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 former 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 authorized third party as prescribed by the
				  Department.
"Motor vehicle inspection" means vehicle verification as
				  prescribed 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 partnership, 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 limited liability company or corporation; or
If a political
				  subdivision or government agency, the political subdivision or agency
				  head.
"Principal place of
				  business" means an authorized third party's administrative headquarters, which
				  shall not be used as a residence.
"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 certified by the Department
				  to:
Review applications
				  for vehicle certificates of title or registrations under A.R.S. Title 28,
				  Chapter 7;
Enter information
				  related to applications for vehicle certificates 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 Chapter 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.