reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-504 - Representation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Prior to any
				appearance, a petitioner's or respondent's attorney licensed in a state other
				than Arizona, shall file with, and obtain approval from, the Executive Hearing
				Office the following documentation:
1. An
				original motion to appear pro hac vice,
2. The Notice of Receipt of Complete
				Application from the State Bar of Arizona, and
3. The original certificate of good standing
				from the licensing State Bar.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-505 - Administrative Hearing Procedure

Current through Register Vol. 30, No. 28, July 12, 2024
A. An administrative law judge shall preside
				at an administrative hearing and shall:
1.
				Administer oaths or affirmations;
2. Conduct fair and impartial
				hearings;
3. Have the parties state
				orally at the hearing their positions on the issues;
4. Rule on motions filed under
				R17-1-508;
5. Maintain an
				administrative hearing record;
6.
				Issue a written decision, including findings of fact and conclusions of law,
				based on the record, and
7. Sustain
				an agency action supported by the record, state and administrative
				law.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-506 - Administrative Hearing Evidence

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				A.R.S. §§
									41-1062(A)
				 applies to evidence offered in an
				administrative hearing.
B. The
				administrative law judge may admit a witness' deposition or affidavit and
				determine its evidentiary weight. The party taking a witness' deposition or
				affidavit shall bear all deposition-related or affidavit-related
				costs.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-507 - Time Computation

Current through Register Vol. 30, No. 28, July 12, 2024
In computing a time period under this Article, the Executive
				  Hearing Office shall:
1. Exclude the
				day of the act triggering the period;
2. If the last day is a Saturday, Sunday, or
				legal holiday, extend the period to the end of the next business day;
3. If the period is 10 days or less, count
				only the business days; and
4. If
				service is by mail, extend the period by five days.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-508 - Motion Practice

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				party or a party's attorney making a motion shall state in the motion the
				relief sought, the factual basis, and the legal authority for the requested
				relief.
1. For a pre-hearing motion, a party
				or a party's attorney shall:
a. Make the
				motion in writing, and
b. File the
				motion with the Executive Hearing Office at least five business days before the
				administrative hearing.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-509 - Subpoena Issuance

Current through Register Vol. 30, No. 28, July 12, 2024
A. In
				connection with an administrative hearing, an administrative law judge may
				issue a subpoena to compel the attendance of a witness or the production of
				documents or things.
1. A party or a party's
				attorney requesting a subpoena shall file a written subpoena request, briefly
				stating the substance of the evidence sought and why the evidence is necessary
				for the hearing.
2. An
				administrative law judge has discretion to issue or deny a subpoena based on
				the:
a. Relevance of the evidence
				sought,
b. Reasonable need for the
				evidence sought, and
c. Timeliness
				of the request.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-510 - Document Filing

Current through Register Vol. 30, No. 28, July 12, 2024
A. A document
				filed in an Executive Hearing Office proceeding shall state:
1. The description and title of the
				proceeding,
2. The name of the
				party filing the document,
3. The
				date the document is signed,
4. The
				title and address of the document's signer, and
5. If applicable, the attorney's name, state
				bar number, law firm, address, and telephone number.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-511 - Continuing an Administrative Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. An administrative hearing participant of
				record requesting a continuance shall file the request with the Executive
				Hearing Office at least seven business days before the hearing. The continuance
				request shall state a reason for continuing the administrative
				hearing.
B. An administrative law
				judge shall not grant a continuance unless the participant of record
				establishes good cause for the continuance.
C. An administrative law judge shall not
				grant a request for continuance which is untimely unless the participant of
				record establishes good cause for the delay in filing the request.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-512 - Rehearing and Judicial Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party may file a written motion for
				rehearing with the executive hearing office, stating in detail the reasons a
				rehearing should be granted.
B.
				Unless otherwise provided by statute, a motion for rehearing is timely if
				received by the Executive Hearing Office within the later of:
1. Fifteen days after the date of in-person
				service of the administrative hearing decision, or
2. Fifteen days after the mailing date of the
				administrative hearing decision.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-513 - Summary Review of an Administrative Suspension Order under A.R.S. Section 28-1385

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				petitioner issued a driving privilege suspension order under A.R.S. §
									28-1385,
				may request summary review instead of a hearing.
1. The requirements of
				R17-1-502
				apply to a summary review request.
2. The petitioner or the petitioner's
				attorney may include with the summary review request a written statement of:
a. The reasons why the Division should not
				suspend the petitioner's driving privilege, and
b. Reasons to find that at least one issue in
				subsections (C)(1) through (C)(3) is not met by the affidavit filed by a law
				enforcement officer with the Department.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-514 - Maintaining Administrative Hearing Decorum

Current through Register Vol. 30, No. 28, July 12, 2024
A. All hearings are open to the public,
				however a person shall not interfere with access to or from a hearing room, or
				interfere, or threaten interference with a hearing.
B. If a person interferes, threatens
				interference, or disrupts a hearing, the administrative law judge may order the
				disruptive person to leave or be removed.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Article 6 - SOLICITATION › Section R17-1-601 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following terms and phrases apply to this Article,
					 unless otherwise specified:
"Animal guide or service animal" means an animal
					 that:
Completes a formal training program,
Assists its owner in one or more daily living tasks
					 associated with a productive lifestyle, and
Is trained to not pose a danger to the health and safety of
					 the general public.
"Application" means a solicitation request form that is
					 completed and submitted to the Department by a person seeking to conduct a
					 solicitation on Department property.
"Department" means the Arizona Department of
					 Transportation.
"Department property" means real property and buildings
					 under the jurisdiction of the Director, excluding a highway, highway
					 right-of-way, excess right-of-way, property leased by the Department to a third
					 party, and any sidewalk or paved area along the street frontage of the property
					 that is not physically distinguishable from an adjacent municipal or other
					 public sidewalk.
"Director" means the Director of the Arizona Department of
					 Transportation or the Director's designee.
"Excess right-of-way" means real property under the
					 jurisdiction of the Director that is:
Determined by the Director to be no longer needed or used
					 for transportation purposes, and
Held by the Department for disposition under the provisions
					 of A.R.S. §
										28-7095.
"Permit" means an original application form signed by the
					 Director as authorization for a solicitor to conduct a specified
					 solicitation.
"Person" has the meaning prescribed under A.R.S. §
										1-215.
"Solicitation" means any activity, except an activity
					 prohibited under
					 R17-1-607(B)(3)
					 or (4), that can be reasonably interpreted as
					 being for the distribution of information or the promotion of causes or
					 memberships.
"Solicitation area" means a location outside a building on
					 Department property, which may be designated by an office supervisor or the
					 office supervisor's designee for solicitation activities without interfering
					 with business operations, blocking entry or exit doors, or inhibiting pathways
					 necessary for building access or egress.
"Solicitation material" means advertising circulars,
					 flyers, handbills, leaflets, petitions, or other printed information.
"Solicitor" means a person conducting a solicitation or the
					 person's agent.
"Work site" means a location within a building on
					 Department property where public employees or officers conduct the daily
					 business of the Department. An office supervisor may designate a cafeteria or
					 break room as a work site if appropriate.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Article 6 - SOLICITATION › Section R17-1-602 - Applicability; Exemptions

Current through Register Vol. 30, No. 28, July 12, 2024
A. This
				  Article does not apply to any state-authorized or state-sponsored employee
				  programs expressly exempted by the Arizona Department of Administration under
				  A.A.C.
				  R2-11-309(A).
B. Employee associations composed principally
				  of employees of state government agencies may apply under this Article for a
				  permit to conduct a solicitation or collect membership fees at a Department
				  work site. Employee associations composed principally of employees of state
				  government agencies are exempt from the requirements of
				  R17-1-607
				  and
				  R17-1-608,
				  as applicable.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Article 6 - SOLICITATION › Section R17-1-603 - Application for Permit

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				  person seeking to conduct a solicitation on Department property shall first
				  apply to the Department for a permit by completing a solicitation request form
				  provided by the Department.
B. The
				  person shall submit the completed solicitation request form by mail, fax, or
				  e-mail as provided on the form at least 15 days before the desired effective
				  date of the solicitation.
C. A
				  completed application is one that is legible and contains, at a minimum, all of
				  the following information:
1. The name,
				  address, and telephone number of the applicant. If a permit is requested on
				  behalf of an organization, the application shall also include the name,
				  address, and telephone number of the organization, as well as its primary
				  representative or contact person deemed in charge of and responsible for the
				  proposed solicitation;
2. The
				  proposed effective date and approximate starting and concluding times of the
				  proposed solicitation;
3. The names
				  of all persons who will take part in conducting solicitation activities on
				  behalf of the applicant;
4. The
				  specific office location requested for the proposed solicitation;
5. The general purpose of the proposed
				  solicitation;
6. Copies of all
				  solicitation materials to be used so the Department can verify that the purpose
				  of the solicitation does not violate
				  R17-1-607(B)(3)
				  or (4);
7. Certification by the applicant that the
				  applicant, and any person acting on behalf of the applicant, has not been
				  convicted of a felony or misdemeanor offense involving dishonesty, fraud,
				  theft, assault, battery, or other crime involving physical violence within five
				  years of the date of the application; and
8. The signature of the applicant
				  acknowledging that he or she agrees to:
a.
				  Comply with all requirements under this Article; and
b. Indemnify and reimburse the Department for
				  claims and expenses arising out of the solicitor's use of Department property,
				  including any cleanup or damage repair costs associated with the solicitation
				  incurred by the Department.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Article 6 - SOLICITATION › Section R17-1-604 - Application Processing; Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall provide notice to the
				  applicant that the application is either complete or incomplete within five
				  business days of receiving the application:
1. If the application is complete, the notice
				  to the applicant shall indicate the date the Department stamped the complete
				  application as received; or
2. If
				  the application is incomplete, the notice to the applicant shall indicate the
				  current date and include an itemized list of all missing information the
				  Department requires of the applicant before the application can be
				  processed.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Article 6 - SOLICITATION › Section R17-1-605 - Permit Limitations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				  Director may accept an application and issue a solicitation permit under this
				  Article on a first-come, first-served basis no earlier than 60 days before the
				  proposed solicitation.
B. A permit
				  holder may conduct a solicitation only as authorized by the Director under this
				  Article, and only:
1. At the approved location
				  designated on the permit,
2.
				  Between the hours of 9:00 a.m. and 4:00 p.m., and
3. On a day the approved location is open for
				  regular business.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Article 6 - SOLICITATION › Section R17-1-606 - Permit Issuance; Denial; Appeal; Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the Director approves an application
				  for a solicitation permit, the permit:
1.
				  Shall expire after the approved solicitation time period specified on the
				  permit, unless previously revoked;
2. Shall not be valid for more than 90 days
				  from the effective date approved by the Director;
3. Shall not be transferred or assigned, in
				  whole or in part, to any person other than the person or organization to whom
				  the permit is issued; and
4. May be
				  renewed only upon submission of a new application.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Article 6 - SOLICITATION › Section R17-1-607 - Solicitor Responsibilities; Prohibited Activities

Current through Register Vol. 30, No. 28, July 12, 2024
A. After receiving express written permission
				  from the Director for a solicitation on Department property, an approved
				  solicitor shall:
1. Provide a table to be
				  used for all authorized solicitation activity;
2. Present the original solicitation permit
				  without any modifications or alterations, to an office supervisor at the
				  approved location for inspection and sign-in prior to setting up a table or
				  distributing materials;
3. Provide
				  at least one form of photo identification to an office supervisor for each
				  person participating in or conducting solicitation activities on behalf of the
				  permit holder;
4. Maintain a copy
				  of the approved solicitation permit at each authorized location at all
				  times;
5. Set up a table only in
				  the solicitation area;
6. Remain at
				  the table in the solicitation area while performing any solicitation
				  activity;
7. Ensure that no entry
				  or exit doors are blocked at any time;
8. Ensure that no solicitation activity
				  interferes with building access or egress;
9. Ensure that no solicitation activity
				  interferes with Department operations; and
10. Ensure that all solicitors employed by,
				  or acting on behalf of, the permit holder display a name badge that is at least
				  three inches in height and four inches in width. The name badge shall contain:
a. The name of the organization conducting
				  the solicitation, if applicable;
b.
				  The organization's address;
c. The
				  name of the individual solicitor in bold letters; and
d. The words"Authorized
				  Representative."
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Article 6 - SOLICITATION › Section R17-1-608 - Signage Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				  solicitor approved for conducting a solicitation at any Department location
				  shall provide, and prominently display beside each solicitation table, a sign
				  that is clearly visible to the public.
1. The
				  sign shall:
a. Be at least 22" wide and 28"
				  high;
b. Be printed in black ink on
				  plain white poster board; and
c.
				  Include the following language using a minimum of one inch letters in Times New
				  Roman font:"(Name of company or organization represented) is a private
				  organization. Its representatives are not affiliated with, nor are they
				  employees of, the state of Arizona or the Arizona Department of Transportation.
				  By approval of this solicitation, the state of Arizona does not endorse any
				  product or petition promoted by solicitors/representatives."
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Article 6 - SOLICITATION › Section R17-1-609 - Removal; Revocation; Appeal; Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department may immediately remove, or
				  cause to be removed, items of a solicitation that may damage state property,
				  inhibit building access or egress, or pose safety issues. The Department also
				  may remove, or cause to be removed, any and all solicitors who are found to be
				  damaging state property, inhibiting building access or egress, or posing safety
				  issues.
B. The Director may revoke
				  a permit and ask a solicitor to leave the premises if the Director determines
				  that:
1. The solicitor's permit application
				  contained a false or misleading statement or a material omission, or
2. The solicitor or solicitation failed to
				  comply with a provision of this Article or any other applicable rule or
				  statute.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 7 - ADVERTISING AND SPONSORSHIP PROGRAM › Section R17-1-702 - Program Administration

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department may operate an advertising and sponsorship program, or may
				select a contractor to administer its advertising and sponsorship program, to
				generate additional revenue for the state highway fund as provided under A.R.S.
				§
									28-7316.
B. If the Department utilizes a contractor to
				administer its advertising and sponsorship program, the Department shall
				solicit offers to select a contractor as provided under A.R.S. Title 41,
				Chapter 23, Arizona Procurement Code.
C. Use of highway right-of-way for
				advertising purposes is prohibited, except as provided in 23 U.S.C. 111(b),
				Rest Areas.
D. The Department or
				its contractor may provide opportunities for:
1. Advertisers to buy or lease advertising
				space or media on authorized non-highway assets and facilities of the
				Department;
2. Advertisers to buy
				or lease advertising space or media for conducting limited commercial
				activities at rest areas as permitted under
				23
				U.S.C. 111; and
3. Sponsors to provide monetary sponsorship
				of any element of the Department's operation of highway or non-highway assets
				and facilities by providing highway-related services or products to the
				Department, or monetary contributions to the state highway fund as provided
				under A R.S. §
										28-7316.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 7 - ADVERTISING AND SPONSORSHIP PROGRAM › Section R17-1-703 - Request for Advertising or Sponsorship; Approval or Denial Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
A. An advertiser or
				sponsor seeking to participate in the Department's advertising and sponsorship
				program by leasing or buying advertising on non-highway assets of the
				Department, or providing monetary sponsorship of highway-related facilities and
				assets of the Department, may complete and submit electronically to the
				Department or its contractor an online request form provided by the Department
				at www.azdot.gov.
B. The Department
				shall, within 10 calendar days of receiving a request under subsection
(A)
or
(C),
provide written notice to the
				advertiser or sponsor acknowledging receipt of the request:
1. If the request is complete, the notice
				shall acknowledge receipt of a complete request and indicate the date the
				Department received the complete request or
2. If the request is incomplete, the notice
				shall indicate the current date and include an itemized list of all additional
				information the advertiser or sponsor must provide to the Department before the
				request can be considered complete and subsequently processed.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 7 - ADVERTISING AND SPONSORSHIP PROGRAM › Section R17-1-705 - Advertising or Sponsorship Acknowledgment; Content Approval

Current through Register Vol. 30, No. 28, July 12, 2024
A. An advertiser or sponsor authorized by the
				Department or it's contractor to participate in the Department's advertising
				and sponsorship program shall obtain Department approval of all advertising or
				sponsorship content, in accordance with the standards provided under this
				Article and any other applicable law, before the advertising or sponsorship
				content appears on any asset or facility the Department designates for
				adverting or sponsorship opportunities under this Article or any other
				advertising or sponsorship agreement.
B. An advertiser or sponsor shall deliver to
				the Department or its contractor for installation, advertising content, images,
				or copy that meets all of the Department's content standards and technical
				specifications provided under this Article for the appropriate creation and
				display of advertising or sponsorship acknowledgment.
C. For advertising on, or sponsorship of
				authorized assets and facilities of the Department, the Department or its
				contractor shall:
1. Review all advertising or
				sponsorship acknowledgment content for compliance with the standards provided
				under this Article and any other applicable law; and
2. Ensure that advertising or sponsorship
				acknowledgment content does not interfere with the business activities of the
				Department and its customers.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 7 - ADVERTISING AND SPONSORSHIP PROGRAM › Section R17-1-706 - Advertising or Sponsorship Acknowledgment; Prohibited Content

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				shall deny a request for placement of advertising or sponsorship content if the
				content is not for a motor vehicle-, motorist-, or highway-related service,
				message, or product, unless otherwise authorized by law The Department shall
				also deny a request for placement of advertising or sponsorship content if the
				content is likely to:
1. Conflict with other
				advertising or sponsored content for which the Department has an existing or
				pending agreement;
2. Conflict with
				the reasonable standards established by the Department under this
				Section;
3. Conflict with the time,
				place, manner, or duration of the Department's office or highway operations or
				security;
4. Create an unreasonable
				risk of injury to a person or risk of damage to property;
5. Interfere with the work of a Department
				employee or the business or mission of the Department; or
6. Result in non-compliance with other
				applicable statutes or rules.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 7 - ADVERTISING AND SPONSORSHIP PROGRAM › Section R17-1-707 - Denial of a Request for Advertising or Sponsorship; Administrative Hearing; Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				advertiser or sponsor whose request for placement of advertising or sponsorship
				content is denied by the Department may request an administrative hearing in
				connection with the denial, or any other action taken by the Department in
				connection with the rules prescribed in this Article, as provided under A.R.S.
				Title 41, Chapter 6, Article 6, and Article 5 of this Chapter, as
				applicable.
B. If the Department
				denies a request for placement of advertising or sponsorship content, the
				Department or its contractor shall send written notification of the denial to
				the advertiser or sponsor within five calendar days of denying a request for
				placement of advertising or sponsorship content. Written notification of the
				denial shall state:
1. The Department's reason
				for the denial, citing all applicable supporting statutes or rules;
2. The advertiser's or sponsor's right to
				request a hearing under A.R.S. §
										41-1065
				to contest the Department's decision; and
3. The time-frame for requesting a hearing
				with the Department's Executive Hearing Office as prescribed under A.R.S. §
										41-1065
				and Article 5 of this Chapter.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 7 - ADVERTISING AND SPONSORSHIP PROGRAM › Section R17-1-708 - Program Administration; Pricing and Lease Procedures; Priority; Renewal

Current through Register Vol. 30, No. 28, July 12, 2024
A. For
				administration of the Department's advertising and sponsorship program, the
				Department or its contractor may use:
1. Rate
				schedules that are established and periodically adjusted by the Department;
				or
2. Competitive pricing
				established by one or more offers from potential or current advertisers or
				sponsors.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 7 - ADVERTISING AND SPONSORSHIP PROGRAM › Section R17-1-709 - Acknowledgment Signs and Plaques; Design and Placement

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department may acknowledge sponsors
				with acknowledgment signs or plaques. Acknowledgment signs and plaques shall
				meet all of the general principles and specific design and placement criteria
				prescribed in the MUTCD, Part 2, Signs, as supplemented by the most recent
				edition of the FHWA Standard Highway Signs and Markings Book:
1. An acknowledgment sign is installed only
				as an independent sign assembly unless the acknowledgment sign is part of the
				Department's Adopt-a-Highway Volunteer Program; and
2. An acknowledgment plaque is installed only
				in the same sign assembly below a primary sign that provides the road user
				specific information on accessing the service being sponsored. A plaque legend
				is displayed on a separate substrate from that of the sign below which it is
				mounted.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 7 - ADVERTISING AND SPONSORSHIP PROGRAM › Section R17-1-711 - Highway-related Sponsorship Restrictions and Allowances; Existing Leases or Agreements

Current through Register Vol. 30, No. 28, July 12, 2024
A. For
				sponsorship of rest areas, the Department or its contractor:
1. May install one acknowledgment sign for
				each direction of travel on the highway mainline;
2. May place additional acknowledgment signs
				within a rest area, provided that the sign legends are not visible to the
				highway mainline traffic and do not pose safety risks to rest area
				users;
3. Shall not append
				acknowledgment signs to any other sign, sign assembly, or other traffic control
				device; and
4. Shall not place
				acknowledgment signs within 500 feet of other traffic control devices located
				on the highway mainline.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 7 - ADVERTISING AND SPONSORSHIP PROGRAM › Section R17-1-712 - Program Eligibility and Compliance

Current through Register Vol. 30, No. 28, July 12, 2024
A. An advertiser or sponsor participating in
				the Department's advertising and sponsorship program shall ensure compliance
				with A.R.S. §
									28-7316
				and all criteria established under this Article.
B. The Department or its contractor may
				choose not to enter into, or renew an advertising or sponsorship agreement if
				the eligibility criteria provided under this Article is not met.
C. An advertiser or sponsor is ineligible to
				place advertising or sponsorship content on any asset or facility of the
				Department if
1. Thirty calendar days have
				elapsed since the Department or its contractor issued a notice of default to
				the advertiser or sponsor and the default remains uncured, or
2. The advertiser or sponsor has defaulted on
				an advertising or sponsorship agreement made with the Department or its
				contractor
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 7 - ADVERTISING AND SPONSORSHIP PROGRAM › Section R17-1-713 - Advertising or Sponsorship Agreement or Lease Termination

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an advertiser or sponsor becomes
				ineligible to participate in the Department's advertising and sponsorship
				program, the Department or its contractor shall remove any existing content or
				copy from the Department asset or facility after notifying the ineligible
				advertiser or sponsor as provided in the advertising or sponsorship
				agreement.
B. An advertiser or
				sponsor who becomes ineligible to participate in the Department's advertising
				and sponsorship program may be held responsible for the costs involved with
				removal or reinstallation of advertising or sponsorship acknowledgment signs in
				accordance with the terms and conditions provided in the advertiser's or
				sponsor's written lease or other agreement with the Department or its
				contractor
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 7 - ADVERTISING AND SPONSORSHIP PROGRAM › Section R17-1-714 - Removal of Advertising or Sponsorship Content; Program Termination

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the
				Department temporarily requires removal of an acknowledgment sign or
				advertising or sponsorship content or copy from any Department facility or
				asset for construction activities in the area that may pose conflicts with the
				sponsorship, as provided under R17-1-704(B) (i.e sign needs to be removed due
				to a road widening project), the Department or its contractor, in its sole
				discretion,
1. Relocate the acknowledgment
				sign or advertising or sponsorship content or copy to a comparable site for the
				duration of the advertising or sponsorship agreement, if requested by the
				advertiser or sponsor and the acknowledgment sign or advertising or sponsorship
				content or copy is for a program that is not site-specific; or
2. Re-erect the acknowledgment sign or
				advertising or sponsorship content or copy at its original location once the
				construction activities are completed if possible, and revise the original
				advertising or sponsorship agreement to remain in place until the minimum lease
				obligations are fulfilled.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 2 - Department of Transportation - Aeronautics › Article 2 - GRAND CANYON NATIONAL PARK AIRPORT - OPERATION AND MANAGEMENT › Section R17-2-201 - Fees and Charges for Services and Use of Facilities and Equipment at the Airport

Current through Register Vol. 30, No. 28, July 12, 2024
The fees and charges in Table 1 apply to all tenants and
				  users of the airport and its facilities.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 2 - Department of Transportation - Aeronautics › Article 2 - GRAND CANYON NATIONAL PARK AIRPORT - OPERATION AND MANAGEMENT › Section R17-2-202 - Airport Use Permits

Current through Register Vol. 30, No. 28, July 12, 2024
A. A user
				operating commercially at the airport shall first obtain a use permit or be
				subject to a $100.00 fine for each infraction. Use permits are required for the
				following activities:
1. Commercial
				aviation;
2. Commercial ground
				transportation;
3. Commercial fuel
				handling; and
4. Airport
				business.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 2 - Department of Transportation - Aeronautics › Article 2 - GRAND CANYON NATIONAL PARK AIRPORT - OPERATION AND MANAGEMENT › Section R17-2-203 - Minimum Requirements for Fixed Base Operators

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before entering into a contract or
				commencing any operation at the airport as a fixed base operator, each fixed
				base operator shall:
1. Hold a commercial
				fuel handling use permit;
2. Submit
				to airport management, a verified statement that contains a detailed
				description of the scope of the intended operation. This statement shall
				include:
a. The means and methods that will
				be employed to accomplish the aviation operation, including how the operating
				standards and requirements will be met; and
b. The nature of ownership and the
				responsible parties. If the responsible party is:
i. An individual, include the person's name
				and address;
ii. A partnership,
				include the names and addresses of all the partners; or
iii. A corporation, association, or other
				organization, include the names of the president, vice president, secretary,
				and managing officer or managing employee;
3. Possess a minimum of three years
				experience, within the past five years, in managing a fixed base operation at
				an airport.
a. The experience requirement
				applies either to:
i. The individual owner, if
				a sole proprietorship;
ii. One of
				the partners, if a partnership; or
iii. The permanent full-time managing officer
				or employee, if a corporation.
b. If more than one person shares the
				full-time management responsibilities and duties of the organization, their
				collective management experience may be used to satisfy subsection (A)(3) if
				that experience encompasses each particular service or operation
				proposed;
4. Provide to
				airport management, a complete certified financial statement, prepared by an
				independent accounting firm;
5.
				Provide to airport management, evidence of current public liability insurance
				coverage in the minimum amount required by the Department of Administration's
				Risk Management Section, naming the state as co-insured. Hangarkeeper's
				liability insurance may be required if aircraft are on the premises for
				safekeeping, storage, service, or repair; and
6. Submit to airport management, a verified
				statement that there is a commitment from a fuel supplier to supply fuel. The
				commitment shall specify the types and volumes of fuel available to the fixed
				base operator.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 2 - Department of Transportation - Aeronautics › Article 2 - GRAND CANYON NATIONAL PARK AIRPORT - OPERATION AND MANAGEMENT › Section R17-2-204 - Airport Ground Leases

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Division may enter into leases of airport property for the operation of
				businesses that foster the development of the airport.
B. All leases of airport property, other than
				the existing or any future public use terminal facility, shall be based on a
				competitive sealed proposal process as specified in A.R.S. §
									41-2534.
				At minimum, leases shall be based on a price per square foot of property as
				valued through an appraisal of that property. In addition, leases shall contain
				provisions for not less than the percentage in the following schedule:
1. Food and beverage - 5%
2. Rental of personal property -
				10%
3. Retail sales of merchandise
				- 10%
4. Other - As
				negotiated
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 2 - Department of Transportation - Aeronautics › Article 2 - GRAND CANYON NATIONAL PARK AIRPORT - OPERATION AND MANAGEMENT › Section R17-2-205 - Airport Parking Limitations; Prohibited Activities

Current through Register Vol. 30, No. 28, July 12, 2024
A. For a special occasion, or during an
				emergency, airport management may impose parking limitations as circumstances
				require.
B. A person or entity
				using the airport and its facilities shall not:
1. Park a vehicle in an area designated a no
				parking zone as indicated by a sign or red painted curb;
2. Drive or park a vehicle in any area on
				airport property that is closed by the use of a barricade, chain, or other
				traffic control device;
3. Park a
				vehicle on a pedestrian path, sidewalk, or safety zone;
4. Park a vehicle in a manner or location
				that obstructs another parked vehicle; or
5. Camp on airport property.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 2 - Department of Transportation - Aeronautics › Article 2 - GRAND CANYON NATIONAL PARK AIRPORT - OPERATION AND MANAGEMENT › Section R17-2-206 - Airport Impoundment Procedures; Notice of Impound

Current through Register Vol. 30, No. 28, July 12, 2024
This Section applies to all persons or entities using the
				  airport and its facilities:
1. Airport
				management may remove and impound any aircraft or other vehicle found on state
				property if an owner has:
a. Parked the
				aircraft or vehicle in an area designated and posted as a restricted
				area;
b. Parked the aircraft or
				vehicle in violation of this Article;
c. Abandoned the aircraft or vehicle on
				airport property for more than 14 days without prior notification and
				permission of airport management;
d. Failed to pay parking fees for 15 days
				after the date a parking statement is attached to the aircraft or vehicle,
				indicating that a parking fee is due; or
e. Parked the aircraft or vehicle in a manner
				or location that constitutes a hazard or impediment to the general public or to
				the movement and operation of aircraft or emergency equipment.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 3 - DEPARTMENT OF TRANSPORTATION HIGHWAYS › Article 2 - MANAGEMENT OF CONTRACTOR BIDDING › Section R17-3-202 - Contractor Prequalification

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Criteria. An applicant for contractor prequalification shall include on the
				application and the Board shall consider the following information in
				determining the prequalification amount for a contractor:
1. Key personnel and their work
				experience,
2. Organizational
				structure,
3. History of past or
				current projects and contracts,
4.
				Company affiliations,
5. Equipment
				owned or controlled,
6. Any
				applicable licenses,
7. Type of
				work requested,
8. Individuals
				authorized to act on behalf of the contractor,
9. Any prequalification or bidding disputes
				with a government agency, and
10.
				Financial condition.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 3 - DEPARTMENT OF TRANSPORTATION HIGHWAYS › Article 2 - MANAGEMENT OF CONTRACTOR BIDDING › Section R17-3-203 - Reduced Prequalification Amounts or Disqualifications

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board may reduce the prequalification
				amount of a contractor already prequalified or disqualify a contractor from
				bidding if a contractor:
1. Falsifies any
				document or misrepresents any material fact in the information furnished to the
				Department;
2. Fails to enter into
				a contract with the Department;
3.
				Defaults on a previous contract with any public agency;
4. Has an unsatisfactory work performance
				record with the Department on the basis of workmanship, competent
				superintendence, adequate and proper equipment, timely completion, or failure
				to submit required documentation for closing out a contract; or
5. Fails to provide notification to the
				Board, within 30 calendar days of occurrence, of any change in ownership,
				corporate officers or general partners, bankruptcy, receivership, court
				supervised reorganization, or the entry of a judgment in a judicial or
				administrative proceeding adverse to the contractor.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 3 - DEPARTMENT OF TRANSPORTATION HIGHWAYS › Article 2 - MANAGEMENT OF CONTRACTOR BIDDING › Section R17-3-204 - Access to Department Prequalification Files

Current through Register Vol. 30, No. 28, July 12, 2024
Prequalification files are considered to be strictly
				  confidential. The files will be available only to:
1. Members of the Board,
2. The Director of the Department or any
				authorized agents of the Department,
3. Members of the Arizona State
				Transportation Board,
4. The
				division administrator of the Federal Highway Administration or any authorized
				representatives,
5. Agents of
				surety upon the filing of an application for bond duly signed by an authorizing
				party of the prequalified contractor,
6. Members of the Arizona State Board of
				Accountancy or their duly authorized representatives, and
7. The contractor that is the subject of the
				file.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 3 - DEPARTMENT OF TRANSPORTATION HIGHWAYS › Article 3 - RELOCATION ASSISTANCE › Section R17-3-301 - Relocation Assistance; Adoption of Federal Regulations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department incorporates by reference
				49 CFR
				24.1 through
				24.10, 49 CFR 24.201
				through 24.209,
				49 CFR
				24.301 through
				24.305,
				49 CFR 24.401 through 24.404,
				49
				CFR 24.501 through
				24.503,
				49 CFR 24.601 through 24.603, and Appendix A to Part 24 as it relates to
				Subparts A, C, D, and E, revised as of October 1, 2010, and no later amendments
				or editions, as amended by this Article. These sections apply to relocation
				assistance activity provided by the Department. The incorporated material is on
				file with the Arizona Department of Transportation and is available from the
				U.S. Government Printing Office, P. O. Box 979050, St. Louis, MO 63197-9000.
				The incorporated material can be ordered online by visiting the U.S. Government
				Online Bookstore at http://bookstore.gpo.gov or is available free of charge at
				http://gpo.gov.
B. The following
				definition applies for the purpose of this Article unless indicated otherwise.
"Department" means the Arizona Department of
				  Transportation.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 3 - DEPARTMENT OF TRANSPORTATION HIGHWAYS › Article 3 - RELOCATION ASSISTANCE › Section R17-3-303 - Relocation Assistance; 49 CFR 24, Subpart C - General Relocation Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
49 CFR 24.206
				  "Eviction for cause" is amended to read:
1. Eviction for cause must conform to A.R.S.
				§§
									12-1171
				through
				12-1183.
				The Department may determine that a person who is an unlawful occupant (as
				defined in
				49 CFR
				24.2 ) is still eligible for advisory
				relocation assistance. Any person who occupies the real property and is not in
				unlawful occupancy on the date of the initiation of negotiations, is presumed
				to be entitled to relocation payments and other assistance set forth in this
				part unless the agency determines that the factors in subsections (1)(a) or (b)
				apply. The Department shall use the following factors to determine eligibility
				of an unlawful occupant for advisory relocation assistance:
a. The person received an eviction notice
				before the initiation of negotiations and, as a result of that notice, is later
				evicted; or
b. The person is
				evicted after the initiation of negotiations for serious or repeated violation
				of material terms of the lease or occupancy agreement; and
c. The eviction was not undertaken for the
				purpose of evading the obligation to make available the payments and other
				assistance set forth in this part;
d. The person occupying the property and the
				owner dispute the issue of lawful occupancy;
e. The duration of prior legal occupancy of
				the person occupying the property;
f. Financial or medical hardship of the
				person occupying the property; or
g. The cost of the relocation assistance is
				less than the cost of an appeal.