reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 15 - REVENUE › Chapter 12 - Department of Revenue - Property Tax Oversight Commission › Article 2 - PROPERTY TAX LEVY LIMITS › Section R15-12-205 - Actual Levies

Current through Register Vol. 30, No. 28, July 12, 2024
The chief county fiscal officers shall certify and submit to
				  the Commission the amount of the primary property tax levied for each political
				  subdivision within their counties within three days after each levy is
				  determined.
Arizona Administrative Code › Title 15 - REVENUE › Chapter 12 - Department of Revenue - Property Tax Oversight Commission › Article 3 - HEARING AND APPEAL PROCEDURE › Section R15-12-301 - Notice of Violation

Current through Register Vol. 30, No. 28, July 12, 2024
The notice of violation shall specify the violations found
				  and the monetary amount in dispute. The notice shall inform the political
				  subdivision of the right to petition on or before October 1 for a hearing on
				  the Commission's finding of violation.
Arizona Administrative Code › Title 15 - REVENUE › Chapter 12 - Department of Revenue - Property Tax Oversight Commission › Article 3 - HEARING AND APPEAL PROCEDURE › Section R15-12-302 - Petition

Current through Register Vol. 30, No. 28, July 12, 2024
A. All objections
				to the Commission's notice of violation shall be by written petition to the
				Commission. The petition shall include the following information:
1. Name, title, address, and phone number of
				the political subdivision's contact person;
2. A particularized statement of the errors
				allegedly committed by the Commission in its findings;
3. A statement of facts upon which the
				political subdivision relies to support the assignment of errors alleged to
				have been committed by the Commission;
4. The relief sought; and
5. Whether an oral hearing is
				requested.
Arizona Administrative Code › Title 15 - REVENUE › Chapter 12 - Department of Revenue - Property Tax Oversight Commission › Article 3 - HEARING AND APPEAL PROCEDURE › Section R15-12-303 - Grounds for Petition

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Objections to notices of violation shall be limited to disputing the factual
				findings and conclusions of law of the Commission.
B. The Commission shall refuse all petitions
				not based on a dispute of its factual findings or conclusions of law. Financial
				impacts on the political subdivision shall not be considered by the Commission
				in its decision-making.
Arizona Administrative Code › Title 15 - REVENUE › Chapter 12 - Department of Revenue - Property Tax Oversight Commission › Article 3 - HEARING AND APPEAL PROCEDURE › Section R15-12-304 - Manner of Filing

Current through Register Vol. 30, No. 28, July 12, 2024
A. An original
				and six copies of the petition and any supporting memoranda shall be filed with
				the Chairman.
B. No fee shall be
				charged for the filing of any petition or supporting memoranda.
C. Upon receipt of a petition, the Commission
				staff shall record the filing of the petition and supporting
				memoranda.
Arizona Administrative Code › Title 15 - REVENUE › Chapter 12 - Department of Revenue - Property Tax Oversight Commission › Article 3 - HEARING AND APPEAL PROCEDURE › Section R15-12-305 - Supplementing the Petition

Current through Register Vol. 30, No. 28, July 12, 2024
The Commission may grant a political subdivision's request
				  for an additional period of time, not to exceed 15 days, within which to
				  supplement a timely filed petition. The Commission shall not consider a
				  supplement to the petition that the political subdivision files after the
				  additional period of time granted.
Arizona Administrative Code › Title 15 - REVENUE › Chapter 12 - Department of Revenue - Property Tax Oversight Commission › Article 3 - HEARING AND APPEAL PROCEDURE › Section R15-12-306 - Withdrawal of Petition

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				petition may be withdrawn at the written request of the political subdivision
				before a final decision by the Commission is issued.
B. When the petition is withdrawn, the
				Commission's finding shall be deemed final and shall not be subject to any
				further appeal.
Arizona Administrative Code › Title 15 - REVENUE › Chapter 12 - Department of Revenue - Property Tax Oversight Commission › Article 3 - HEARING AND APPEAL PROCEDURE › Section R15-12-307 - Rescheduling of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
The Commission may postpone or recess the hearing for good
				  cause shown. The Commission shall specify the date, time, and place for the
				  hearing to continue.
Arizona Administrative Code › Title 15 - REVENUE › Chapter 12 - Department of Revenue - Property Tax Oversight Commission › Article 3 - HEARING AND APPEAL PROCEDURE › Section R15-12-308 - Evidence

Current through Register Vol. 30, No. 28, July 12, 2024
A. The political
				subdivision and the Commission may:
1. Call
				and examine witnesses,
2. Introduce
				exhibits,
3. Cross-examine opposing
				witnesses on any matter relevant to the issues, even though the matter was not
				covered in the direct examination,
4. Impeach any witness regardless of which
				party first called the witness to testify,
5. Rebut the evidence against it,
				and
6. Call and examine as if under
				cross-examination a party or its employees, agents, or officers.
Arizona Administrative Code › Title 15 - REVENUE › Chapter 12 - Department of Revenue - Property Tax Oversight Commission › Article 3 - HEARING AND APPEAL PROCEDURE › Section R15-12-310 - Post-Hearing Memoranda

Current through Register Vol. 30, No. 28, July 12, 2024
If the Commission desires the submission of post-hearing
				  memoranda or information, the Commission shall, at the time of the hearing,
				  direct the parties to submit the post-hearing memoranda or information within a
				  period of time set by the Commission.
Arizona Administrative Code › Title 15 - REVENUE › Chapter 12 - Department of Revenue - Property Tax Oversight Commission › Article 3 - HEARING AND APPEAL PROCEDURE › Section R15-12-311 - Prehearing Issue Resolution

Current through Register Vol. 30, No. 28, July 12, 2024
If the Commission and a political subdivision agree as to the
				  resolution of some or all of the issues prior to the hearing, the Commission
				  shall stipulate to the agreed issues in the record and shall consider those
				  issues withdrawn. The Commission shall then issue an order of partial
				  resolution that becomes part of the Commission's record. The Commission shall
				  forward copies of the order to the political subdivision, County Assessor and
				  the Department of Revenue.
Arizona Administrative Code › Title 15 - REVENUE › Chapter 12 - Department of Revenue - Property Tax Oversight Commission › Article 3 - HEARING AND APPEAL PROCEDURE › Section R15-12-312 - Rehearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any party in a
				contested case before the Commission may file a petition for rehearing or
				review with the Commission within 30 days after receiving the final decision.
				The party shall attach a supporting memorandum, specifying the grounds for the
				petition.
B. The party who filed
				the petition for rehearing or review may amend it at any time before the
				Commission rules. Any other party to the original hearing may file a response
				within 5 days after the Commission's receipt of the petition for rehearing or
				review. The party shall support the response with a memorandum discussing the
				legal and factual issues. Either party or the Commission may request oral
				argument.
C. The Commission may
				grant a rehearing or review of the decision for any of the following causes
				that materially affect a party's rights:
1.
				Irregularity in the administrative proceedings, or any order or abuse of
				discretion which deprived a party of a fair hearing;
2. Misconduct of the Commission, its staff,
				or the prevailing party;
3.
				Accident or surprise which could not have been prevented by ordinary
				prudence;
4. Newly discovered
				material evidence which could not with reasonable diligence have been
				discovered and produced at the original hearing;
5. Error in the admission or rejection of
				evidence or other errors of law occurring at the hearing or during the progress
				of the proceeding; or
6. The
				decision is not justified by the evidence or is contrary to law.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
For purposes of this Article:
1. "Appellant," unless otherwise noted, means a taxpayer or
				  the representative of a taxpayer, or other person or entity directly interested
				  who is legally entitled to initiate proceedings before the Board.
2. "Board" means the State Board of Tax Appeals.
3. "Clerk" means the Clerk appointed by the Board to carry
				  out the duties established by A.R.S. §
									42-1252.
4. "Commission" means the Municipal Tax Code
				  Commission.
5. "Day" means a calendar day. If the last day for filing a
				  document under the provisions of this Article falls on a Saturday, Sunday, or
				  legal holiday, the document is considered timely if filed on the following
				  business day.
6. "Department" means the Arizona Department of
				  Revenue.
7. "Hearing Officer" means a person appointed by the Board to
				  take oral testimony and other evidence, make recommendations, and carry out the
				  duties of the Board established by A.R.S. §
									42-1252.
8. "Memorandum" means a document that supports a party's
				  position.
9. "Notice of appeal" means a written request for correction
				  or redetermination, including all applicable attachments.
10. "Notice of determination" means a written notification of
				  a final decision or order issued by the Department or any other governmental
				  entity from which an appeal to the Board may be taken.
11. "OAH" means Office of Administrative Hearings as
				  established by A.R.S. §
									41-1092.01.
12. "Quorum" means two members of the Board.
13. "Supporting authorities" means cases and authorities
				  cited and relied on by a party.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-102 - Notice of Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Appellant shall sign the notice of appeal and mail or deliver the original and
				six copies to the Board's office in Phoenix, Arizona. The Board shall consider
				a notice of appeal received by mail filed on the date shown by its postmark. In
				the absence of a legible postmark, the Board shall determine whether an appeal
				was timely filed.
B. The Appellant
				shall legibly type, write, or print the notice of appeal and include the
				following information:
1. The Appellant's
				name, address, and telephone number. If there is a difference between the name
				on the notice of determination and the name on the notice of appeal, the notice
				of appeal shall contain an explanation of the difference;
2. The amount of money involved in the
				Department's determination, the type of tax, the year or other period for which
				the determination was made, and, if different from the determination, the
				approximate amount of money at issue in the appeal;
3. A statement of issues involved in the
				appeal;
4. A statement of errors
				the Appellant alleges the Department committed in the determination;
5. The relief sought; and
6. Whether a hearing is requested. The
				Appellant may waive a previously requested hearing within 10 days after the due
				date of the reply memorandum.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-103 - Incomplete Notice of Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				the Appellant files a timely notice of appeal that is incomplete, the Clerk
				shall grant the Appellant 15 days to perfect the appeal.
B. Upon written request, the Clerk shall
				grant the Appellant a reasonable extension of time to comply with the
				provisions of this Section for good cause shown.
C. The Board may dismiss an appeal or exclude
				supplemental information for the Appellant's failure to act in a timely
				manner.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-104 - Memoranda, Waivers, and Supporting Authorities

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each party shall file an original and six
				copies of any memoranda filed with the Board. The Board shall provide a copy to
				the opposing party.
B. A party may
				waive in writing the right to file a memorandum any time before the memorandum
				is due.
C. The Appellant shall file
				a memorandum of not more than 15 pages that addresses the facts and law in
				support of the appeal within 20 days after filing the notice of
				appeal.
D. The Department shall
				file a response memorandum of not more than 15 pages within 20 days after
				receiving the Appellant's memorandum or waiver.
E. The Appellant may file a reply memorandum
				of not more than 10 pages within 15 days after receiving the Department's
				memorandum. The Appellant's reply memorandum shall only address the issues of
				law or fact raised in the Department's memorandum.
F. Each party shall file six copies of cited
				supporting authorities at the time the party files a memorandum.
G. Upon written request, the Board may grant
				a reasonable extension of time for filing a memoranda upon good cause
				shown.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-105 - Stipulation or Statements of Fact

Current through Register Vol. 30, No. 28, July 12, 2024
At the Board's request, the parties shall file a stipulation
				  or separate statements of fact with any supporting affidavits or exhibits,
				  listing the facts upon which they agree, the facts that are in dispute, and the
				  reasons for the dispute. If there are no facts in dispute, this should be
				  stated in the stipulation or statements.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-106 - Dismissal, Withdrawal, or Suspension of Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the Board lacks jurisdiction regarding
				an appeal, the Board shall dismiss the appeal on its own motion or on motion by
				the Department.
B. The Appellant
				may withdraw an appeal upon written notification to the Board or by the
				parties' written stipulation at any time before the Board issues its
				decision.
C. The Board may suspend
				proceedings for a reasonable period of time at the written request of either
				party, the written stipulation of the parties, or its own discretion.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-107 - Request for Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board
				shall schedule a hearing at the written request of either party. Either party
				may waive appearance, in writing, at least 10 days before the
				hearing.
B. A hearing officer or
				one or more members of the Board shall hold the hearing, taking testimony and
				other evidence.
C. The Board shall
				send a written notice to the parties of the date, time, and location of the
				hearing at least 20 days before the hearing. The Board shall ordinarily
				schedule one hour hearings. Upon written request, and after consideration of
				the hearing schedule, the Board may grant a party additional time for the
				hearing if the request is filed with the Clerk within 10 days after the due
				date of the reply memorandum,
D.
				The Board may postpone, continue, or cancel a hearing for good cause upon the
				written request of either party if the request is submitted at least 10 days
				before the hearing.
E. If a hearing
				is not requested, the Board shall consider the appeal submitted for decision
				based on the record.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-108 - Hearing Procedure

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				hearing shall ordinarily proceed in the following manner:
1. The Appellant may make an opening
				statement.
2. The Department may
				make an opening statement or reserve its opening statement until the close of
				the Appellant's case.
3. The
				Appellant shall state its position and present its arguments and
				evidence.
4. The Department may
				make a previously-reserved opening statement, state its position, and present
				its arguments and evidence.
5. The
				Appellant may make a closing statement, presenting final arguments.
6. The Department may make a closing
				statement, presenting final arguments.
7. The Appellant may reply to the
				Department's closing statement or final arguments.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-109 - Evidence Produced at the Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board shall accept oral evidence only
				upon oath or affirmation.
B. Each
				party may call and examine witnesses, introduce exhibits, and cross-examine
				witnesses on any matter relevant to the appeal. The presiding officer at the
				hearing may call a party, or any other person who is present, to testify under
				oath or affirmation. The presiding officer and any member of the Board or its
				staff may question witnesses.
C.
				The Board may admit any relevant evidence, including affidavits and forms of
				hearsay evidence. The Board shall be liberal in admitting evidence but shall
				consider objections to the admission and comments on the weakness of evidence
				in assigning weight to the evidence.
D. The Board may admit carbon copies,
				photocopies, or copies made by similar procedures in place of original
				documents upon a showing of authenticity and proper foundation.
E. A party may substitute an exact legible
				copy for an exhibit upon written request if the request is submitted to the
				Board within 10 days after the hearing.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-110 - Official Notice

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board
				may take official notice of the following without the production of additional
				evidence:
1. Records maintained by the
				Board.
2. Tax returns filed with
				the Department for or on behalf of the Appellant or any affiliated company and
				related records on file with the Department.
3. Any fact that may be judicially noticed by
				the courts of this state.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-111 - Subpoena

Current through Register Vol. 30, No. 28, July 12, 2024
The Board may, at its discretion or upon written request
				  submitted by a party at least 15 days before a hearing, issue subpoenas for the
				  attendance of witnesses or the production of books, records, documents, or
				  other evidence that is not confidential or privileged. A subpoena shall be
				  served on behalf of and at the expense of the party requesting its
				  issuance.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-113 - Transcripts and Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				hearing before the Board shall be transcribed upon written request submitted by
				a party to the Board at least five days before the hearing. The transcript
				shall be prepared at the expense of the requesting party.
B. A person shall not remove the records of
				the Board from its office for use as evidence or for other purposes. The Board
				shall provide certified copies of records as required under A.R.S. Title 39,
				Chapter 1.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-114 - Decision or Order

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a quorum
				of the Board agrees on a decision or order, the Board shall issue the decision
				or order.
B. The Board shall issue
				all decisions or orders in writing and shall include separately-stated findings
				of fact and conclusions of law.
C.
				The Board shall mail, return receipt requested, or hand deliver a decision or
				order to the parties.
D. Except in
				the case of a tax dispute between municipalities, a decision or order is final
				30 days after the Appellant receives it unless an aggrieved party files a
				motion for rehearing or review within 15 days after receipt.
E. In a dispute between municipalities, a
				decision or order is final on the date of receipt by the party. An aggrieved
				party has 30 days to appeal the decision or order of dismissal to the tax
				court.
Arizona Administrative Code › Title 16 - TAX APPEALS › Chapter 3 - STATE BOARD OF TAX APPEALS - LUXURY, TRANSACTION PRIVILEGE (SALES), USE, ESTATE, INCOME › Article 1 - TAX APPEAL PROCEDURES › Section R16-3-115 - Rehearing or Review of Decision or Order

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Board may grant a rehearing or review
				of a decision or order based on a motion by an aggrieved party, or at its own
				discretion, for any of the following reasons:
1. The findings of fact, conclusions of law,
				order, or decision are not supported by the evidence or are contrary to
				law.
2. The party seeking review
				was deprived of a fair hearing due to irregularity in the proceedings, abuse of
				discretion, or misconduct of the prevailing party.
3. Accident or surprise which could not have
				been prevented by ordinary prudence.
4. Material evidence, newly discovered, which
				with reasonable diligence could not have been discovered and produced at the
				hearing.
5. Error in admission or
				rejection of evidence, or other errors of law occurring at the hearing or
				during the progress of the action.
6. The decision is the result of passion,
				bias or prejudice.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 1 - GENERAL PROVISIONS › Section R17-1-102 - Licensing Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Time-frames. The time-frames listed in Tables A and B apply to licenses issued
				by the Department.
1."Department" means the Arizona Department of
				  Transportation.
2."License" has the meaning prescribed in A.R.S. §
										41-1001(10).
3."Administrative completeness review time-frame" has the
				  meaning prescribed in A.R.S. §
										41-1072(1).
4."Overall time-frame" has the meaning prescribed in A.R.S. §
										41-1072(2).
5."Substantive review time-frame" has the meaning prescribed
				  in A.R.S. §
										41-1072(3).
B. Administrative completeness
				review - notice of deficiency. Within the time-frame for the administrative
				completeness review listed in Tables A and B, the Department shall notify the
				applicant in writing that the application is complete or incomplete. If the
				application is incomplete, the Department shall issue a notice of deficiency to
				the applicant specifying the information required to make the application
				administratively complete.
1. The notice of
				deficiency shall list all missing information.
2. A notice of deficiency issued by the
				Department within the administrative completeness review time-frame suspends
				the administrative completeness review time-frame and the overall time-frame,
				from the date the Department issues the notice of deficiency until the date
				that the Department receives all missing information from the
				applicant.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 1 - GENERAL PROVISIONS › Table A - Motor Vehicle Division

Current through Register Vol. 30, No. 28, July 12, 2024
LICENSE
STATUTORY AUTHORITY
ADMINISTRATIVE COMPLETENESS
						  REVIEW TIME-FRAME
SUBSTANTIVE REVIEW TIME-FRAME
OVERALL TIME-FRAME
Fleet registration
A.R.S. §§
												28-2201 to
						  28-2208
60 days
30 days
90 days
International proportional
						  registration
A.R.S. §§
												28-2231 to
						  28-2239
20 days
10 days
30 days
Alternative proportional
						  registration
A.R.S. §
												28-2261
						  to
						  28-2269
60 days
30 days
90 days
Personalized special plates
A.R.S. §
												28-2406
5 days
30 days
35 days
Traffic survival school or
						  traffic survival school instructor license
A.R.S. §§
												28-3306
						  to
						  28-3307
5 days
35 days
40 days
Driver license issued after
						  suspension, revocation or disqualification
A.R.S. §
												28-3315
5 days
30 days
35 days
Automotive recycler, broker,
						  motor vehicle dealer or wholesale motor vehicle dealer license
A.R.S. §§
												28-4301 to
						  28-4366
8 days
117 days
125 days
Manufacturer, distributor,
						  factory branch, or distributor branch license
A.R.S. §§
												28-4301 to
						  28-4366
6 days
14 days
20 days
Permit to exhibit or display and
						  sell vehicles off dealer's premises
A.R.S. §
												28-4401
6 days
9 days
15 days
Permit to exhibit recreational
						  vehicles at public event
A.R.S. §
												28-4402
6 days
9 days
15 days
Authorization to use dealer
						  license plates
A.R.S. §
												28-4533
7 days
38 days
45 days
Authorization to dispose of junk
						  vehicle
A.R.S. §
												28-4882
5 days
45 days
50 days
License to operate as a title
						  service company
A.R.S. § 28-5003
6 days
14 days
20 days
Third-party authorization to
						  perform certain title and registration, motor carrier licensing and tax
						  reporting, dealer licensing, and driver license functions*
A.R.S. §§
												28-5101
						  to
						  28-5110
5 days
90 days
95 days
Third-party authorization to
						  issue over-weight and over-dimensional permits*
A.R.S. §§
												28-1145
						  and
						  28-5101
						  to
						  28-5110
5 days
90 days
95 days
Certification of an authorized
						  third party, or the authorized third party's employee or agent, to perform the
						  authorized functions
A.R.S. §§
												28-5101
						  to
						  28-5110
5 days
60 days
65 days
Professional driver training
						  school or professional driver training school instructor license
A.R.S. §§
												32-2351 to
						  32-2393
5 days
35 days
40 days
* The Division shall have the
						  right to determine when an authorized third party may begin to transact
						  business after a license has been granted.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 1 - GENERAL PROVISIONS › Table B - Intermodal Transportation Division

Current through Register Vol. 30, No. 28, July 12, 2024
LICENSE
STATUTORY AUTHORITY
ADMINISTRATIVE COMPLETENESS
						  REVIEW TIME-FRAME
SUBSTANTIVE REVIEW TIME- FRAME
OVERALL TIME-FRAME
Outdoor advertising permit
A.R.S. §§
												28-7901 to
						  28-7909
30 days
30 days
60 days
Encroachment permit
A.R.S. §§
												28-7053(A),
						  7053(D), 7045(2)
30 days
120 days
150 days
Junkyard screening license
A.R.S. §§
												28-7941 to
						  28-7943
30 days
60 days
90 days
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 1 - GENERAL PROVISIONS › Section R17-1-103 - Petition for Department Rulemaking or Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person may petition the Department under
				A.R.S. §
									41-1033(A)
				 for a:
1.
				Rulemaking action relating to a Department rule, including making a new rule or
				amending or repealing an existing rule; or
2. Review of an existing Department practice
				or substantive policy statement alleged to constitute a rule.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 1 - GENERAL PROVISIONS › Section R17-1-104 - Rulemaking Oral Proceeding

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Public request for an oral proceeding. A person may request an oral proceeding
				as prescribed under A.R.S. §
									41-1023(C)
				 by submitting the following information in
				writing to the agency official identified in a proposed rule's preamble:
1. Identify the specific proposed rule for
				oral proceeding by Section number and title heading; and
2. Provide the following requestor
				information:
a. Name;
b. Address;
c. Telephone number during regular state
				business hours as prescribed under A.R.S. §
											38-401;
				and
d. Optional information, if
				applicable:
i. The requestor's occupational
				title; and
ii. The name of the
				entity the requestor represents.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 2 - FEES › Section R17-1-201 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions prescribed under A.R.S. §
									44-6851, the following terms apply
				  to this Article:
"Automated clearing house" has the same meaning as provided
				  under A.A.C.
				  R17-8-401.
"Electronic payment" means money which is exchanged
				  electronically, including credit card payments, credit transfer, electronic
				  checks, direct debit, and person-to-person payments.
"Stale-dated" means a check presented at the paying bank six
				  months or more after the issue date of the check. A stale-dated check is not an
				  invalid check, but the paying bank may deem the check an irregular bill of
				  exchange and return it unpaid.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 2 - FEES › Section R17-1-203 - Dishonored Payments; Fees and Charges; Penalties

Current through Register Vol. 30, No. 28, July 12, 2024
A. In addition to the original payment
				amount, the maker or drawer of a check, draft, order, or electronic payment
				dishonored because of insufficient monies, payments stopped, or closed accounts
				shall pay to the Department:
1. A service fee
				of $25 as provided under A.R.S. §§
										28-372
				and
				44-6852,
2. Any actual charges assessed to the
				Department by a financial institution as a result of the dishonored instrument,
				and
3. Any collection costs due to
				the Department under A.R.S. §
										28-372.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 2 - FEES › Section R17-1-204 - MVD Postage Fund; Registration by Mail Charges

Current through Register Vol. 30, No. 28, July 12, 2024
A. For purposes of A.R.S. §
									28-2151,
				the Division establishes a registration by mail postage fund.
B. The Division shall charge a registration
				by mail applicant current applicable U.S. Postal Service postage rates for
				mailing:
1. A registration by mail renewal
				notice,
2. A license plate,
				or
3. A registration tab.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 2 - FEES › Section R17-1-205 - Abandoned Vehicle Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department establishes the following fees under A.R.S. §
									28-4802 for the
				transfer of ownership or disposal of an abandoned vehicle:
1. The fee is $500 if the vehicle was
				abandoned as described under A.R.S. §
										28-4802(A),
				and
2. The fee is $600 if the
				vehicle was abandoned as described under A.R.S. §
										28-4802(B).
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 3 - TAXES › Section R17-1-346 - Procedure to estimate use fuel consumption

Current through Register Vol. 30, No. 28, July 12, 2024
Definitions:
1.
				"Assistant Director" means the Assistant Director of the Department of
				Transportation for the Motor Vehicle Division.
2."County highway mile" means one mile of
				highway maintained by a county for which the county does not receive full
				reimbursement for such maintenance from any other entity.
3."Population" means the population as
				determined pursuant to the provisions of A.R.S. §
									28-1598.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 3 - TAXES › Section R17-1-347 - Procedure to estimate percentage of consumption of use fuel in each county

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Motor
				Vehicle Division shall calculate the estimated percentage of use fuel consumed
				in a particular county for a particular month as compared to the total amount
				of use fuel consumed in the entire state during the same month in accordance
				with the following formula:
Click here to
				  view Image
1."X" is the percentage for a particular county of the total
				  amount of use fuel consumed in the entire state for a month.
2."A" is the number of county highway miles in the county
				  divided by the total number of county highway miles in all counties within the
				  state.
3."B" is the total unincorporated county population in the
				  county divided by the total unincorporated county population in all counties
				  within the state.
4."C" is the percent of use fuel consumed in the county that
				  was used to distribute highway user revenue funds in June 1985.
B. If the formula described in
				subsection (A) results in a particular county having less than 1% of the use
				fuel consumed in the state, that county's share shall be raised to 1% and the
				resulting deficiency shall be prorated among the remaining counties in the same
				percentage as the amount of use fuel consumed.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 3 - TAXES › Section R17-1-348 - Requirements to provide data pertaining to county highway miles

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each year prior
				to April 1, the county engineer for each county in the state shall certify
				under oath and deliver to the Motor Vehicle Division a report containing the
				number of county highway miles located in his county as of the preceding
				December 31. The report shall contain the designation of each highway included
				in the number of county highway miles, the location of its termini, and the
				length of the highway measured on its centerline to the nearest one tenth of a
				mile.
B. The Assistant Director
				shall give notice in writing to any county engineer who fails to deliver the
				report by March 31. The notice shall state that the report has not been
				received and demand that it be delivered to the Motor Vehicle Division within
				ten days of the mailing of the notice.
C. If a county engineer fails to deliver the
				report required by subsection (A) after being given the ten-day notice provided
				in subsection (B), the Assistant Director shall continue to perform the
				calculations required by A.R.S. §
									28-1598
				using the county road miles reported by the delinquent county for the prior
				year. However, commencing with distributions made in the month following the
				expiration of the ten-day notice, the funds due the delinquent county pursuant
				to the provisions of A.R.S. §
									28-1598
				shall not be distributed to the delinquent county until the County Engineer has
				provided the report to the Motor Vehicle Division required by subsection
				(A).
D. The report required by
				subsection (A) shall be available for inspection by all of the counties. A
				county may challenge the report made by any other county by filing a challenge
				in writing with the Assistant Director not later than April 30 of each year. In
				the case of reports received after April 1 of each year, the challenge must be
				received by the Assistant Director not later than 30 days after receipt of the
				report by the Assistant Director. The challenge shall specify the highways and
				the number of disputed miles being contested.
E. If the Assistant Director receives a
				challenge to a report, the Assistant Director of the Department of
				Transportation for Transportation Planning Division shall hold a hearing within
				60 days upon receipt to resolve the challenge. The burden of proof at the
				hearing shall be on the county bringing the challenge. The decision of the
				Assistant Director of the Department of Transportation for Transportation
				Planning Division concerning the outcome of the challenge shall be
				final.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 3 - TAXES › Section R17-1-349 - Period of applicability

Current through Register Vol. 30, No. 28, July 12, 2024
The estimated percentage of use fuel consumed in each county
				  that is calculated annually pursuant to the provisions of this Article shall be
				  used to calculate the distribution pursuant to A.R.S. §
									28-1598
				  commencing with distributions made after June 30 of that year and shall
				  continue to be used until the next succeeding June 30 or until a new estimated
				  percentage of use fuel consumed in each county is calculated in accordance with
				  the provisions of this Article, whichever is later.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 4 - STATE FLEET OPERATIONS › Section R17-1-402 - Requesting an Additional State Vehicle; Replacing a State Vehicle

Current through Register Vol. 30, No. 28, July 12, 2024
A. Requesting an
				additional state vehicle.
1. Any agency
				requesting an additional state vehicle shall contact ADOT Equipment Services
				and complete a vehicle request form as indicated by ADOT on its website at
www.azdot.gov
.
2. All state vehicle requests are subject to
				prior review and approval by ADOT Equipment Services.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 4 - STATE FLEET OPERATIONS › Section R17-1-403 - State Vehicle Usage; Operator Responsibilities

Current through Register Vol. 30, No. 28, July 12, 2024
A. A state employee shall follow the
				recommendations for state vehicle usage as provided under Topic 50, Section 15,
				of the State of Arizona Accounting Manual (SAAM 5015) for the use of
				individually operated motor vehicles. Use of a state vehicle is always
				preferable to the use of a personally-owned or in-state commercially-rented
				vehicle, in most circumstances, and all travel for the state shall be conducted
				as reasonably and as economically as possible.
1. A state employee who uses a state vehicle,
				or a vehicle not owned by the state, to conduct state business shall operate
				that vehicle in accordance with all applicable state laws, rules, and
				policies.
2. Before commencing
				travel in a vehicle not owned by the state, a state employee shall check to see
				if a state vehicle is available for use, and if available, use the state
				vehicle.
3. Before commencing
				travel in a vehicle not owned by the state, a state employee shall:
a. Estimate the total cost of their private
				vehicle travel expenses, including the total round-trip miles; and
b. Submit the estimate to the employee's
				supervisor for approval.
4. Reimbursing a state employee for using a
				privately-owned vehicle, when a state vehicle is not available within the
				agency or group, shall be conducted as provided under SAAM 5015.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 4 - STATE FLEET OPERATIONS › Section R17-1-404 - Fleet Safety and Risk Management

Current through Register Vol. 30, No. 28, July 12, 2024
A. A using agency shall use the state's
				ESEDRA program to review the driving record of each employee authorized to
				operate a state vehicle according to the procedures developed and implemented
				by the using agency as prescribed under A.A.C.
				R2-10-207
				and the Statewide Motor Vehicle Safety Policy.
B. A state employee shall attend a defensive
				driver training course, as prescribed under A.A.C.
				R2-10-207,
				before being permitted to operate a state vehicle.
C. An operator who drives a state vehicle
				shall take a defensive driver training refresher course as often as required by
				the operator's agency. A driver that receives a citation for a traffic
				violation may be required by the operator's agency to take defensive driver
				refresher training as prescribed under A.A.C.
				R2-10-207.
D. An operator required to drive a state
				vehicle shall immediately notify a supervisor of any suspension, revocation,
				cancellation, restriction, disqualification or other action affecting the
				operator's license or certification needed to operate a state
				vehicle.
E. An operator, whether
				driving a state vehicle or a privately-owned vehicle on state business, shall
				not engage in distracted driving as prescribed under A.R.S. §
									28-914.
				An operator is prohibited from using text messaging features on mobile
				communication devices while operating a vehicle except as permitted under
				A.R.S. §
									28-914.
F. An operator shall ensure that there is
				evidence of insurance in the state vehicle before operating the vehicle. This
				certificate is included in the motor vehicle accident reporting packet stored
				in the glove compartment of each state vehicle. Additional motor vehicle
				accident reporting instructions are available from all ADOT Equipment Services
				offices.
G. An operator shall use a
				safety belt, as prescribed under A.R.S. §
									28-909,
				and ensure that all passengers use a properly fastened safety belt. A state
				employee not wearing a safety belt may be subject to disciplinary action up to
				and including dismissal.
H. An
				operator shall not deactivate a driver or passenger side airbag unless doing so
				per manufacturer guidelines. All manufacturer's guidelines and those of the
				National Highway Traffic and Safety Administration (NHTSA) shall be followed
				when transporting:
1. Infants in rear-facing
				seats;
2. Children under the age of
				12;
3. Adults with medical
				conditions that place them at specific risk, including people with certain
				prosthetic devices; and
4. Persons
				who cannot adjust their seat position to maintain approximately ten inches
				between the person's breastbone and the airbag.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 4 - STATE FLEET OPERATIONS › Section R17-1-405 - Special Equipment; Billing Rates

Current through Register Vol. 30, No. 28, July 12, 2024
A. A using agency shall obtain approval from
				ADOT Equipment Services before making any modification to a state vehicle,
				including the addition or removal of equipment or accessories to or from the
				state vehicle.
B. A using agency
				may request specially installed equipment such as two-way radios, sirens,
				cages, or tanks by submitting a request in writing to ADOT Equipment Services.
				The using agency shall pay for the equipment, for installation of the
				equipment, and for restoration expenses or diminution in value caused by
				modifications made to install special equipment.
C. ADOT Equipment Services shall equip all
				new state vehicles with a GPS fleet management device, unless the vehicle is
				dedicated for use in conducting certain law enforcement activities of a
				confidential nature or otherwise prohibited by the Director. ADOT Equipment
				Services shall place a decal on the rear of each state vehicle equipped with a
				GPS fleet management device to inform both the operator and the general public
				that use of the vehicle is monitored by GPS.
D. Charges for state fleet vehicles are
				determined by using a certified rate methodology guide for public fleets. Fleet
				charges consist of a risk management fee, a cost-per-mile fee, a fleet
				management service fee, an indirect cost allocation plan fee, and a per gallon
				fuel use fee. Other fees and charges may exist depending on internal or
				external agency requirements.
E.
				Fleet management rates are recalculated each year and may vary from one fiscal
				year to another depending upon the size of the fleet and the cost of new
				vehicles, maintenance, repairs, overhead, and insurance costs. The ADOT
				Equipment Services fleet operation is a cost recovery fleet operation as
				prescribed under A.R.S. § 28-472.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-502 - Request for Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				petitioner or petitioner's attorney shall file a request for a hearing:
1. By mail or hand delivery to the Executive
				Hearing Office's street address:
Executive Hearing Office, Arizona Department of
				  Transportation, Motor Vehicle Division, 3737 N. 7th St., Suite 160, Phoenix, AZ
				  85014-5017;
2. By fax to
				(602) 241-1624; or
3. By e-mail to
				the Executive Hearing Office's electronic mail address:
				hearingoffice@azdot.gov; and
4.
				Timeliness of filing is determined as of the date the Executive Hearing Office
				receives a request for hearing.
Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 1 - DEPARTMENT OF TRANSPORTATION ADMINISTRATION › Article 5 - ADMINISTRATIVE HEARINGS › Section R17-1-503 - Notice of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a
				petitioner timely files a request for a hearing as provided under
				R17-1-502,
				the Executive Hearing Office shall send a notice of hearing to the petitioner's
				mailing address in the request for hearing and to any other participant of
				record.
B. The notice of hearing
				shall state the:
1. Time, date, and place of
				the administrative hearing;
2. Type
				of administrative hearing; and
3.
				Statutory authority for the administrative hearing.