reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 8 - DEPARTMENT OF PUBLIC SAFETY - LOCAL RETIREMENT BOARD › Article 1 - PROCEDURES › Section R13-8-108 - Notification to Claimant of Determination As to Right of Claimant to a Benefit

Current through Register Vol. 30, No. 28, July 12, 2024
A. When
				the local board approves applications for retirement, disability pensions, and
				survivor's benefits, the claimant shall receive notification of the local
				board's original determination either by attending the meeting at which the
				action was taken, by certified mail, or by receiving benefits from the system
				pursuant to the local board's original action.
B. When the local board denies applications
				for retirement, disability pensions, and survivor's benefits, the claimant
				shall receive notification of the local board's original determination either
				by attending the meeting at which the action was taken or by certified mail.
				The notification shall include notification to claimant of the statutory right
				to apply for a rehearing on the original determination within 60 days after
				receipt of notification.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 8 - DEPARTMENT OF PUBLIC SAFETY - LOCAL RETIREMENT BOARD › Article 1 - PROCEDURES › Section R13-8-112 - Rehearing on Original Determination

Current through Register Vol. 30, No. 28, July 12, 2024
A. The local board shall conduct rehearings
				pursuant to A.R.S. §
									38-847(H)
				 as though the rehearings were an
				adjudicative proceeding under A.R.S. Title 41, Chapter 6, Article 6 (A.R.S.
				§
									41-1061
				et seq.).
B. If the fund manager
				applies for a rehearing, the claimant whose benefit determination may be
				affected shall be a party to the proceeding.
C. By ten calendar days prior to the
				rehearing, the claimant or fund manager shall submit to the local board a list
				of witnesses whom the claimant or fund manager intends to call to testify at
				the hearing and of all exhibits which the claimant or fund manager intends to
				use at the hearing as well as a copy of all listed exhibits.
D. By ten calendar days prior to the
				rehearing, the claimant or fund manager may submit to the local board a written
				statement setting forth the facts of the case and a brief addressing relevant
				issues.
E. If the claimant, fund
				manager, or local board desires subpoenas pursuant to A.R.S. §
									41-1062(A)(4),
				the subpoenas shall be submitted at least ten calendar days prior to the
				rehearing to the secretary for issuance by the presiding hearing officer.
				Service of the subpoenas is the responsibility of the party requesting issuance
				of the subpoenas.
F. Applications
				for permission to take depositions pursuant to A.R.S. §
									41-1062(A)(4)
				 shall be submitted to the secretary for
				determination by the presiding hearing officer.
G. Unless the local board decides otherwise,
				the chairperson of the local board shall function as the presiding hearing
				officer.
H. The burden of proof for
				establishing a disability shall be with the claimant.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 8 - DEPARTMENT OF PUBLIC SAFETY - LOCAL RETIREMENT BOARD › Article 1 - PROCEDURES › Section R13-8-113 - Review of Decision by Local Board on Rehearing of Original Determination

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				provided in subsection (H), the decision by the local board on rehearing of the
				original determination may be vacated and a new rehearing granted on motion of
				the aggrieved party for any of the following causes materially affecting that
				party's rights:
1. Irregularity in the
				administrative proceedings of the local board or the hearing officer or
				prevailing party, or any order or abuse of discretion, whereby the moving party
				was deprived of a fair hearing.
2.
				Misconduct of the local board, the hearing officer, or 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
				rehearing.
5. Error in the
				admission or rejection of evidence, or other errors of law occurring at the
				rehearing or during the progress of the administrative proceeding.
6. That the decision is the result of passion
				or prejudice.
7. That the decision
				is not justified by the evidence or is contrary to law.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 8 - DEPARTMENT OF PUBLIC SAFETY - LOCAL RETIREMENT BOARD › Article 1 - PROCEDURES › Section R13-8-114 - Transcripts

Current through Register Vol. 30, No. 28, July 12, 2024
If any party designates any portion of the oral proceedings
				  before the local board or hearing officer as part of the record on review in
				  the superior court, the cost of the transcript shall be paid by the party so
				  designating unless the local board waives the cost of transcription upon good
				  cause shown. A request for waiver of the cost of the transcription shall be in
				  writing and served upon the local board at the time of the service of the
				  complaint.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 8 - DEPARTMENT OF PUBLIC SAFETY - LOCAL RETIREMENT BOARD › Article 1 - PROCEDURES › Section R13-8-115 - Confidentiality of Medical Records and Data

Current through Register Vol. 30, No. 28, July 12, 2024
A. Medical records and data of members held
				by the local board are confidential and are exempt from public copying and
				inspection requirements of A.R.S. §
									39-121
				et seq.
B. The local board shall
				discuss all medical records and specific medical data in executive session,
				including the taking of testimony that is specifically required to be
				maintained as confidential by state or federal law, unless the member signs a
				consent form to discuss the member's medical records and data in an open
				meeting.
C. The member, member's
				legal counsel, and only individuals whose presence is reasonably necessary in
				order for the local board to carry out its executive session responsibilities
				may attend an executive session pursuant to A.R.S. §
									38-431.03(A)(2)
				 to discuss the member's medical records and
				specific medical data.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 1 - GENERAL PROVISIONS › Section R13-9-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In this Chapter, unless otherwise specified:
1. "Adequate documentation" has the same
				meaning as prescribed in A.R.S. §
									13-3112(E)(6).
2. "Administrative completeness review
				time-frame" has the same meaning as prescribed in A.R.S. §
									41-1072.
3. "Applicant" means an individual or
				organization that submits an application form and the required fee to the
				Department for:
a. A Concealed Weapons
				Permit,
b. Renewal of a Concealed
				Weapons Permit,
c. A certificate of
				firearms proficiency, or
d. Recognition as a
				firearms-proficiency instructor.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 1 - GENERAL PROVISIONS › Section R13-9-102 - Application and Processing Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Under the authority provided by A.R.S. §
									13-3112,
				the Department establishes and shall collect the following fees:
1. New Concealed Weapons Permit -
				$43;
2. Renewal of a Concealed
				Weapons Permit - $43;
3.
				Certificate of firearms proficiency - $20;
4. Replacing a lost, stolen, or damaged
				permit or certificate - $10;
5.
				Name change on a permit or certificate - $10.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 1 - GENERAL PROVISIONS › Section R13-9-103 - Application Forms

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall provide and an applicant shall use an application form for:
1. An initial Concealed Weapons Permit or
				renewal of the permit,
,
,
2. A
				certificate of firearms proficiency, or
3. Authorization as a
				LEOSA instructor.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 1 - GENERAL PROVISIONS › Section R13-9-104 - Time-frames for Department Action on Applications

Current through Register Vol. 30, No. 28, July 12, 2024
A. For the purpose of compliance with A.R.S.
				§
									41-1072 et
				seq., the Department establishes the time-frames listed in Table 1. Under
				A.R.S. §
									41-1073(E)(2),
				the Department is not establishing a time-frame for issuance of the following
				licenses because the Department shall grant or deny each license within seven
				days after receipt of an application:
1. A
				certificate of firearms proficiency under
				R13-9-402,
				and
2. Recognition as a
				LEOSA instructor under
				R13-9-501.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 1 - GENERAL PROVISIONS › Table 1 - Time-frames for Department Action on Applications (in days)

Current through Register Vol. 30, No. 28, July 12, 2024
Application Type
Administrative Review Time-frame
Time for Response to Deficiency
							 Notice
Substantive Review Time-frame
Time for Response to Comprehensive
							 Request
Overall Time-frame
Concealed Weapons Permit
							 R13-9-202
14
40
46
20
60
Renewal of Concealed Weapons Permit
							 R13-9-204
14
40
46
20
60
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 2 - CONCEALED WEAPONS PERMIT: APPLICATION; RENEWAL; RESPONSIBILITIES › Section R13-9-201 - Concealed Weapons Permit Eligibility

Current through Register Vol. 30, No. 28, July 12, 2024
an
				  applicant for a Concealed Weapons Permit shall meet all requirements under
				  A.R.S. §
									13-3112(E)
				  and (N), and not currently be a prohibited
				  possessor under state or federal law.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 2 - CONCEALED WEAPONS PERMIT: APPLICATION; RENEWAL; RESPONSIBILITIES › Section R13-9-202 - Application for a Concealed Weapons Permit

Current through Register Vol. 30, No. 28, July 12, 2024
To obtain a Concealed Weapons Permit, an applicant who is
				  eligible under
				  R13-9-201
				  shall:
1. Submit to the Department an
				original application, using a form available from the Department, that includes
				the following information:
a. Full legal
				name;
b. County of residence and
				residential address, including zip code, or descriptive location of residence
				if an address is not assigned;
c.
				Mailing address if different from residential address;
d. Social Security number
				(optional);
e. Contact telephone
				numbers;
f. Descriptive information
				about the applicant including race, gender, height, weight, eye and hair
				colors, and date and place of birth;
g. A statement of whether the applicant:
i. Is a citizen of the United
				States;
ii. Was born outside of the
				United States or one of its territories;
iii. Has satisfactorily completed the
				firearms-safety training program;
iv. Is currently under indictment for a
				felony offense;
v. Has ever been
				convicted of a felony offense, and if so, whether the conviction was expunged,
				set aside, or vacated, or whether the applicant's civil rights were
				restored;
vi. Is currently under
				indictment for a misdemeanor domestic violence offense;
vii. Has ever been convicted for a
				misdemeanor domestic violence offense and if so, whether the conviction was
				expunged, set aside, or vacated;
viii. Has been discharged from the United
				States Armed Forces under dishonorable conditions;
ix. Suffers from a mental illness and has
				ever been adjudicated mentally incompetent or committed to a mental institution
				by court order; and
h.
				The applicant's dated signature attesting that the information provided in the
				application is true to the best of the applicant's knowledge.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 2 - CONCEALED WEAPONS PERMIT: APPLICATION; RENEWAL; RESPONSIBILITIES › Section R13-9-203 - Issuance of a Concealed Weapons Permit

Current through Register Vol. 30, No. 28, July 12, 2024
A. If an applicant meets the requirements of
				A.R.S. §
									13-3112
				and this Chapter and is not currently a prohibited possessor under state or
				federal law, the Department shall issue to the applicant a Concealed Weapons
				Permit containing:
1. The permit holder's
				legal name, as shown on the application;
2. The permit holder's date of
				birth;
3. The permit holder's
				physical description, including race, gender, height, weight, and hair and eye
				colors;
4. A permit
				number;
5. The dates of issuance
				and expiration; and
6. The title of
				the permit, "State of Arizona Concealed Weapons Permit."
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 2 - CONCEALED WEAPONS PERMIT: APPLICATION; RENEWAL; RESPONSIBILITIES › Section R13-9-204 - Renewal of Concealed Weapons Permit

Current through Register Vol. 30, No. 28, July 12, 2024
A. A Concealed Weapons Permit expires five
				years after it is issued. If a Concealed Weapons Permit expires, the former
				permit holder shall not unlawfully carry a concealed weapon until the former
				permit holder applies for and is issued a new Concealed Weapons
				Permit.
B. To renew a Concealed
				Weapons Permit, the permit holder shall, no more than 90 days before or 60 days
				after the date of expiration:
1. Submit to the
				Department the application required under
				R13-9-202(1);
2. Submit the fee required under
				R13-9-102(A);
3. If not a citizen
				of the United States, submit a copy of the front and back of the federally
				issued document that authorizes the permit holder to be in the United States;
				and
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 2 - CONCEALED WEAPONS PERMIT: APPLICATION; RENEWAL; RESPONSIBILITIES › Section R13-9-205 - Permit Holder Responsibilities

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon request of any peace officer, a
				permit holder who is in actual possession of a concealed weapon shall present
				the permit to the peace officer for inspection. If the permit does not include
				a photograph of the permit holder, the permit holder shall also present one of
				the following types of official photographic identification:
1. Driver license issued by any
				state,
2. Military identification
				card,
3. Identification license
				issued under A.R.S. §
										28-3165,
				or
4. Passport.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 2 - CONCEALED WEAPONS PERMIT: APPLICATION; RENEWAL; RESPONSIBILITIES › Section R13-9-206 - Lost, Stolen, or Damaged Concealed Weapons Permit

Current through Register Vol. 30, No. 28, July 12, 2024
A. A permit holder whose Concealed Weapons
				Permit is lost, stolen, or damaged shall notify the Department in writing
				within 10 days of determining that the permit is lost, stolen, or damaged. When
				advised of a lost, stolen, or damaged permit, the Department shall invalidate
				the permit. The permit holder shall not carry a concealed weapon until the
				Department issues a replacement permit.
B. The Department shall issue a replacement
				permit to a permit holder who:
1. Submits a
				written request;
2. Submits the fee
				specified in
				R13-9-102;
				and
3. Returns the permit if it is
				damaged.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 2 - CONCEALED WEAPONS PERMIT: APPLICATION; RENEWAL; RESPONSIBILITIES › Section R13-9-208 - Change in Name of Permit Holder

Current through Register Vol. 30, No. 28, July 12, 2024
A. A permit holder whose name is legally
				changed shall provide written notice to the Department and request a revised
				Concealed Weapons Permit within 10 days of the name change. The permit holder
				shall ensure that the written request for a revised Concealed Weapons Permit:
1. Contains both the previous and new
				names,
2. Is accompanied by a copy
				of the court document or marriage certificate authorizing the name change,
				and
3. Includes the fee specified
				in
				R13-9-102.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 4 - CERTIFICATE OF FIREARMS PROFICIENCY › Section R13-9-401 - Certificate of Firearms Proficiency Eligibility

Current through Register Vol. 30, No. 28, July 12, 2024
To be eligible to receive a LEOSA-authorized certificate of
				  firearms proficiency from the Department, an individual shall:
1. Be a resident of Arizona; and
2. Be a qualified retired law enforcement
				officer. An individual is a qualified retired law enforcement officer if the
				individual:
a. Is retired in good standing
				from service with a public agency as a law enforcement officer for a reason
				other than mental instability;
b.
				While in service as a law enforcement officer, was authorized by law to engage
				in or supervise the prevention, detection, investigation, prosecution, or
				incarceration of a person for any violation of law, and had statutory powers of
				arrest;
c. Was regularly employed
				as a law enforcement officer for a total of 15 years or more or, if employed as
				a law enforcement officer for fewer than 15 years, retired after any applicable
				probationary period of service due to a service-connected disability, as
				determined by the agency;
d. Has a
				non-forfeitable right to benefits under the retirement plan of the
				agency;
e. Meets the training and
				qualification standards of an active-duty law enforcement officer in
				Arizona;
f. Is not under the
				influence of alcohol or another intoxicating or hallucinatory drug or
				substance; and
g. Is not prohibited
				by federal law from possessing a firearm.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 4 - CERTIFICATE OF FIREARMS PROFICIENCY › Section R13-9-402 - Application for a Certificate of Firearms Proficiency

Current through Register Vol. 30, No. 28, July 12, 2024
To obtain a certificate of firearms proficiency, an applicant
				  who is eligible under
				  R13-9-401
				  shall submit:
1. An original
				application, using a form available from the Department, which provides the
				following information about the applicant:
a.
				Full legal name;
b. Residential
				address or descriptive location of residence if an address is not
				assigned;
c. Mailing address if
				different from the residential address;
d. Social Security number
				(optional);
e. Telephone
				number;
f. E-mail
				address;
g. Descriptive information
				including race, gender, height and weight, eye and hair colors, and date and
				place of birth;
h. Name and address
				of the law enforcement agency from which the applicant is retired;
				and
i. The applicant's dated
				signature affirming that the information provided is true and
				accurate;
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 4 - CERTIFICATE OF FIREARMS PROFICIENCY › Section R13-9-403 - Issuance of a Certificate of Firearms Proficiency

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall issue a certificate of firearms
				  proficiency to an individual who is eligible under
				  R13-9-401
				  and submits the information and documents required under
				  R13-9-402.
				  The Department shall ensure that the certificate of firearms proficiency
				  contains:
1. The following information
				about the certificate holder:
a. Legal name as
				shown on the application submitted under
				R13-9-402;
b. Birth date;
c. Physical description including race,
				gender, height and weight, and eye and hair colors; and
d. Name of the law enforcement agency from
				which retired;
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 4 - CERTIFICATE OF FIREARMS PROFICIENCY › Section R13-9-404 - Renewal of a Certificate of Firearms Proficiency

Current through Register Vol. 30, No. 28, July 12, 2024
A. A certificate of firearms proficiency
				expires one year after the date of qualification.
B. To renew a certificate of firearms
				proficiency before it expires, the certificate holder shall comply with the
				requirements in
				R13-9-402(1),
				(2), and (5).
C. If a certificate of firearms proficiency
				expires, the former certificate holder may obtain a new certificate only by
				complying with all of the requirements in
				R13-9-402.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 4 - CERTIFICATE OF FIREARMS PROFICIENCY › Section R13-9-405 - Certificate Holder Responsibilities

Current through Register Vol. 30, No. 28, July 12, 2024
A. A certificate holder who is in actual
				possession of a concealed weapon shall also be in possession of:
1. Photographic identification issued by a
				law enforcement agency indicating that the certificate holder is a retired law
				enforcement officer; and
2. The
				certificate of firearms proficiency issued under
				R13-9-403.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 5 - LEOSA-RECOGNIZED INSTRUCTORS › Section R13-9-501 - Application for Recognition As a Leosa Instructor

Current through Register Vol. 30, No. 28, July 12, 2024
A. To be recognized as a LEOSA instructor, an
				individual shall:
1. Be certified as a
				firearms instructor by POST; and
2.
				Submit an application, available from the Department, which provides the
				following information about the applicant:
a.
				Name,
b. Mailing address,
c. Telephone number,
d. E-mail address,
e. Social Security number (optional),
				and
f. Name of the law enforcement
				agency with which the applicant is or was employed.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 5 - LEOSA-RECOGNIZED INSTRUCTORS › Section R13-9-502 - Leosa Instructor Responsibilities

Current through Register Vol. 30, No. 28, July 12, 2024
An individual recognized by the Department as a LEOSA
				  instructor shall:
1. Comply with all
				POST firearms-certification rules and requirements when performing
				firearms-qualification services for a retired law enforcement
				officer;
2. Complete the
				documentation required under
				R13-9-402(2)
				for a retired law enforcement officer who successfully completes the
				firearms-qualification requirement;
3. Maintain for five years the following
				information about a retired law enforcement officer to whom
				firearms-qualification services are provided:
a. Name and age of the retired law
				enforcement officer at the time firearms-qualification services are
				provided;
b. Date and number of
				hours that the retired law enforcement officer received firearms-qualification
				services;
c. Physical location at
				which firearms-qualification services were provided;
d. Name of LEOSA instructor and
				LEOSA-instructor number; and
e.
				Whether the retired law enforcement officer passed, failed, or withdrew from
				the firearms qualification; and
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 6 - HEARINGS AND DISCIPLINARY PROCEEDINGS › Section R13-9-601 - Suspension and Revocation

Current through Register Vol. 30, No. 28, July 12, 2024
A. If
				a permit holder is arrested or indicted for an offense that would disqualify
				the permit holder under A.R.S. §
									13-3112
				or if the permit holder is a prohibited possessor, the Department shall
				immediately suspend and seize the permit. The Department shall restore the
				permit under the conditions specified in A.R.S. §
									13-3112(C).
B. If a permit
				holder is convicted of an offense that disqualifies the permit holder under
				A.R.S. §
									13-3112,
				the Department shall revoke the permit. The Department shall restore the permit
				under the conditions specified in A.R.S. §
									13-3112(C).
C. After
				providing notice and an opportunity for hearing, the Department shall suspend
				or revoke a permit or Department authorization if the Department determines
				that the permit holder:
1. Failed to maintain
				all conditions specified in A.R.S. §
										13-3112
				and this Chapter; or
2. Provided
				false, incomplete, or misleading information to the
				Department.
D. If the
				Department revokes a permit or authorization, the affected individual shall not
				apply for another permit or authorization for at least two years from the date
				of revocation.
E. If the
				Department determines that emergency action is required to suspend a permit or
				Department authorization, the Department shall send a notice of summary
				suspension by certified mail to the last known address of the individual. The
				Department shall ensure that the notice includes all requirements under A.R.S.
				§
									41-1092
				et seq.
F. Upon receipt
				of a notice of a summary suspension or final administrative decision suspending
				or revoking a permit or authorization, the permit holder shall not unlawfully
				carry a concealed weapon and shall return the permit to the Department within
				five business days.
G. The Department
				shall require that a permit be surrendered or seize a permit when required to
				do so under law.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 6 - HEARINGS AND DISCIPLINARY PROCEEDINGS › Section R13-9-602 - Hearing Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall conduct all hearings according to the
				  procedures in A.R.S. Title 41, Chapter 6, Article 10 and the rules issued by
				  the Office of Administrative Hearings.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 9 - Department of Public Safety - Concealed Weapons Permits › Article 6 - HEARINGS AND DISCIPLINARY PROCEEDINGS › Section R13-9-603 - Rehearing or Review of Decision

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Department shall provided provide for a rehearing and review of its
				decisions under A.R.S. Title 41, Chapter 6, Article 10 and the rules issued by
				the Office of Administrative Hearings.
B. Within 30 days after the Department enters
				a final administrative decision, the affected individual may, but is not
				required to, file a motion for rehearing or review of the decision.
C. A party may amend a motion for rehearing
				or review at any time before the Department rules on the motion.
D. The Department may grant a rehearing or
				review for any of the following reasons materially affecting a party's rights:
1. Irregularity in the proceedings of the
				Department or any order or abuse of discretion that deprived the moving party
				of a fair hearing;
2. Misconduct by
				the Department, its staff, or an administrative law judge;
3. Accident or surprise that could not have
				been prevented by ordinary prudence;
4. Newly discovered evidence that could not,
				with reasonable diligence, have been discovered and produced at the
				hearing;
5. Excessive
				penalty;
6. Error in the admission
				or rejection of evidence or other errors of law occurring at the hearing or
				during the progress of the proceedings; or
7. The findings of fact or decision is not
				justified by the evidence or is contrary to law.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Section R13-10-102 - Analyst Methods; Approval of Additional Methods

Current through Register Vol. 30, No. 28, July 12, 2024
A. An analyst shall use one of the following
				methods to analyze blood or other bodily substances to determine a person's
				alcohol concentration:
1. Gas chromatography,
				or
2. Another method that has been
				approved by the Director under the procedure in subsections (B) and
				(C).
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Section R13-10-103 - Breath-testing Devices

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director
				may approve devices used to determine alcohol concentration from breath after
				the Department successfully tests a typical model of the device for compliance
				with the standards in subsection (B).
B. A device shall meet the following
				standards of performance:
1. Breath specimens
				tested shall be alveolar in composition.
2. The device shall be capable of analysis of
				a solution of known alcohol concentration with an accuracy limit of a
				systematic error of no more than ± 0.005 grams per 210 liters of breath
				or ± 5 percent, whichever is greater, and a precision limit of an
				average standard deviation of no more than 0.0042 grams per 210 liters of
				breath. The accuracy and precision of the device being evaluated shall be
				determined on the basis of 10 consecutive measurements at 4 alcohol vapor
				concentrations that are between 0.020 and 0.350 grams per 210 liters of breath,
				to include at least one value < 0.100 and one value > 0.250.
3. The device shall be capable of testing a
				breath sample that results in alcohol concentrations of less than 0.01 grams
				per 210 liters of breath when alcohol-free subjects are
				tested.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Section R13-10-104 - Testing Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A. Law
				enforcement agencies or individuals acting independently of law enforcement
				agencies who conduct alcohol concentration determinations by means of devices
				shall utilize a quality assurance program that is conducted by Quality
				Assurance Specialists or Operators and generate records of periodic
				maintenance. This quality assurance program shall include:
1. Criteria for ensuring the accurate and
				proper operation of devices by the regular performance of Calibration Checks
				and Quality Assurance Procedures as referenced in subsections (A)(2) and
				(A)(3);
2. Calibration Checks of
				devices that are performed within 31 days of each other as Standard Calibration
				Check Procedures or during a test sequence bracketing a duplicate breath test
				as Concurrent Calibration Check Procedures and recorded according to the
				requirements of the appropriate Quality Assurance Procedures set forth in
				Exhibits G-2, G-3, G-6, H-2 and I-2 or as approved by the Director according to
				R13-10-103(I).
				These checks shall indicate that the device is capable of determining the value
				of a standard alcohol concentration solution with an accuracy limit of ±
				0.01 grams per 210 liters of breath or ± 10 percent, whichever is
				greater;
3. Quality Assurance
				Procedure checks of devices that are performed within 90 days of each other as
				Standard Quality Assurance Procedures or during a test sequence bracketing a
				duplicate breath test as Concurrent Quality Assurance Procedures, and recorded
				according to the requirements of the appropriate Quality Assurance Procedures
				set forth in Exhibits G-4, G-5, G-6, H-3, H-4 and I-2 or as approved by the
				Director according to
				R13-10-103(I).
				These checks shall indicate that the device is capable of proper operation and
				is functioning as required by the Quality Assurance Procedures for the
				device;
4. Standard alcohol
				concentration solutions, either liquid or gas, that are National Institute of
				Standards and Technology (NIST) traceable; and
5. Records of Calibration Checks, Quality
				Assurance Procedures and maintenance or repairs for each device in
				use.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Section R13-10-105 - Permits and Certificates

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department shall issue Analyst permits to qualified applicants, in accordance
				with R13-10-106(A), who have satisfactorily demonstrated through proficiency
				testing as specified in
				R13-10-108(A)
				their proficiency in conducting an alcohol concentration determination by one
				or more of the methods listed in
				R13-10-102.
				The Analyst permit shall:
1. State the method
				of alcohol concentration determination the permit holder is approved to utilize
				and the type of specimen the permit holder is approved to analyze (blood or
				other bodily substances); and
2. Be
				valid for one year.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Section R13-10-106 - Qualifications

Current through Register Vol. 30, No. 28, July 12, 2024
A. To qualify for
				an Analyst permit, a person shall hold a degree from a college or university
				accredited by a regional accrediting body recognized by the United States
				Department of Education and have earned 15 or more semester credits, or the
				equivalent, of chemistry, including three or more credits of organic
				chemistry.
B. To qualify for an
				Operator permit, a person shall:
1. Be
				employed by a law enforcement agency or laboratory that has access to a device
				for the person's use as set forth in
				R13-10-103;
				and
2. Complete a course in the
				determination of alcohol concentration approved by the Department with a score
				of 80 percent or better. The Department shall approve courses taught by an
				Instructor if they contain the following:
a.
				Instruction on the effects of alcohol on the human body;
b. Instruction on and demonstration of the
				operational principles of the selected device, which shall include a functional
				description and detailed operational description of the method;
c. Instruction on the legal aspects of breath
				tests in general and on the particular method to be employed;
d. Concurrent Calibration Check Procedures
				(when applicable to the device) approved by the Department;
e. Concurrent Quality Assurance Procedures
				(when applicable to the device) approved by the Department;
f. Applicant participation with the
				appropriate device utilizing reference standards, testing of subjects, or other
				methods that will indicate the actual response of the device; and
g. Written and practical examination of the
				applicant for the purpose of determining the person's understanding of the
				course material and proficiency in operating the device.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Section R13-10-107 - Application Processes

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				applicant for an initial Analyst permit or the renewal of an existing Analyst
				permit shall complete the form shown as Exhibit A and submit it to the
				Department.
B. An applicant for an
				initial Operator permit or the renewal of an existing Operator permit shall
				complete the form shown as Exhibit B and submitted to the Department.
C. An applicant for an initial Quality
				Assurance Specialist permit or the renewal of an existing Quality Assurance
				Specialist permit shall complete the form shown as Exhibit C and submitted to
				the Department.
D. An applicant for
				an initial Instructor approval or the renewal of an existing Instructor
				approval shall complete the form shown as Exhibit D and submitted to the
				Department.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Section R13-10-108 - Examination and Quality Assurance Requirements for Analysts

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				shall require an Analyst permit applicant to successfully demonstrate the
				applicant's proficiency in making alcohol concentration determinations from
				test specimens in accordance with subsection (B). The applicant shall be
				examined only on the methods that relate to the type of determination for which
				the applicant desires a permit.
B.
				An applicant shall, before receiving an initial Analyst permit or renewal of an
				existing Analyst permit, participate in and successfully complete proficiency
				testing administered by the Department. An applicant shall successfully analyze
				samples by testing at least three suitable reference standards or control
				samples with a known alcohol concentration in the range of 0.00 to 0.40 grams
				per 100 milliliters of blood and having the results agree with the established
				value within the limits of ± 0.01 grams per 100 milliliters of blood or
				±10 percent, whichever is greater. Proficiency testing shall be
				administered by the Department as follows:
1.
				An applicant shall correctly analyze all proficiency samples in the set
				provided by the Department.
2. When
				returning the results of analyses to the Department, the applicant shall attach
				an affidavit attesting that the applicant analyzed the proficiency samples
				without help or input from any other person.
3. An applicant failing to correctly analyze
				all proficiency samples in the set will be provided an opportunity to
				successfully analyze a second set of samples.
4. The Department shall deny the application
				of an applicant who declines or fails to correctly analyze the second set of
				proficiency samples and shall not issue a permit.
5. An applicant who fails to successfully
				analyze the second set of proficiency samples and whose application is denied
				may reapply for an analyst's permit beginning 90 days from the date of
				denial.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Section R13-10-109 - Revocation or Suspension of Permits; Appeals

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department may suspend or revoke a
				permit for any of the following reasons:
1. A
				false statement on the permit holder's application,
2. The neglect or refusal to examine and
				report the results of sample specimens given the Analyst permit holder for
				proficiency testing purposes,
3.
				The failure of an Analyst to maintain quality control over equipment or
				reagents necessary for accuracy in reporting,
4. Failure to obtain results on proficiency
				test samples as indicated in
				R13-10-108(B),
5. Failure to operate a device according to
				approved procedures or the failure to analyze blood or other bodily substances
				according to approved methods, or
6. The failure by a permit holder to maintain
				documentation required by this Article or to make it available to Departmental
				representatives for inspection for purposes of administering this
				Article.
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Exhibit G-1 - Standard Operational Procedure, Intoxilyzer Model 8000

Current through Register Vol. 30, No. 28, July 12, 2024
OPERATIONAL CHECKLIST
ARIZONA DEPARTMENT OF PUBLIC SAFETY
STANDARD OPERATIONAL PROCEDURE
INTOXILYZER MODEL 8000
DUPLICATE BREATH TEST
SUBJECT NAME ___________________________________DATE
				  _____________________
AGENCY _______________________________OPERATOR
				  ___________________________
INSTRUMENT SERIAL # _____________________LOCATION
				  __________________________
TEST RESULTS 0. _______________ AC TIME
				  _______________
0. _______________ AC TIME _______________
0. _______________ AC TIME _______________
Immediately preceding administration of the tests, subject
				  underwent at least a 15-minute deprivation period:
From
______________
to
______________
by
_______________
(Time)
(Time)
(Name)
( ) 1. Display reads "PUSH BUTTON TO START".
( ) 2. Push Start Test button.
( ) 3. Follow automated instructions on instrument
				  display.
( ) 4. If test record reads "Successfully Completed Test
				  Sequence" go to step 5
OR
If test record reads "Not a Successfully Completed Test
				  Sequence", and subject will be tested again, remove test record and go to step
				  1
OR
If test record reads "Not a Successfully Completed Test
				  Sequence", and subject will not be tested again, go to step 5
( ) 5. Remove test record.
Note: Duplicate breath tests shall be administered at
				  intervals of not less than 5 minutes nor more than 10 minutes apart and the two
				  consecutive tests shall agree within 0.020 alcohol concentration.
DPS Form Exh G-1 (Rev 05-1)
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Exhibit G-2 - Standard Calibration Check Procedure, Intoxilyzer Model 8000

Current through Register Vol. 30, No. 28, July 12, 2024
THIS REPORT PREPARED PURSUANT TO DUTY IMPOSED BY A.A.C.
				  R13-10-104(A)
ARIZONA DEPARTMENT OF PUBLIC SAFETY
STANDARD QUALITY ASSURANCE PROCEDURES
INTOXILYZER MODEL 8000
STANDARD CALIBRATION CHECK PROCEDURE
QA SPECIALIST ________________________________________ AGENCY
				  ____________________
DATE _______________________________________TIME
				  _________________________________
INTOXILYZER SERIAL # ______________________________LOCATION
				  _______________________
( ) 1. Ensure that gas tank is attached to instrument and
				  contains a standard alcohol concentration solution _________AC.
OR
Pour a standard alcohol concentration solution _________AC,
				  into a clean dry simulator and assemble the simulator. Ensure that a tight seal
				  has been made. Turn on the simulator and allow temperature to reach 34° C
				  ± 0.2° C
( ) 2. Intoxilyzer 8000 display reads "PUSH BUTTON TO
				  START"
( ) 3. Go to the "Control Testing Menu". Select "D" for dry
				  control test or "W" for wet control test. After selection is made press
				  ENTER.
( ) 4. Air blank completed.
( ) 5. Calibration check completed. Test results
				  0._____________AC.
( ) 6. Air blank completed.
( ) 7. Remove printed record. Attach the record to the
				  completed checklist.
SIGNATURE
				  _________________________________________________________________________
DPS Form Exh G-2 (Rev 05-01)
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Exhibit G-3 - Standard Calibration Check Procedure Intoxilyzer, Model 8000 (Option P)

Current through Register Vol. 30, No. 28, July 12, 2024
THIS REPORT PREPARED PURSUANT TO DUTY IMPOSED BY A.A.C.
				  R13-10-104(A)
ARIZONA DEPARTMENT OF PUBLIC SAFETY
STANDARD QUALITY ASSURANCE PROCEDURES
INTOXILYZER MODEL 8000
STANDARD CALIBRATION CHECK PROCEDURE
(OPTION P)
1.
a. Ensure dry gas tank is attached to
				instrument and contains a standard alcohol concentration solution alcohol
				standard.
OR
b. Pour
				a standard alcohol concentration solution into a clean dry simulator and
				assemble the simulator.
Ensure that a tight seal has been made. Turn on the simulator
				  and allow temperature to reach 34° C ± 0.2° C
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Exhibit G-4 - Standard Quality Assurance Procedure Intoxilyzer, Model 8000

Current through Register Vol. 30, No. 28, July 12, 2024
THIS REPORT PREPARED PURSUANT TO DUTY IMPOSED BY A.A.C.
				  R13-10-104(A)
ARIZONA DEPARTMENT OF PUBLIC SAFETY
STANDARD QUALITY ASSURANCE PROCEDURES
INTOXILYZER MODEL 8000
STANDARD QUALITY ASSURANCE PROCEDURE
QA SPECIALIST ______________________________AGENCY
				  ____________________________
DATE ________________________________TIME
				  _____________________________________
INTOXILYZER SERIAL # __________________________LOCATION
				  _________________________
( ) 1. Display Reads "PUSH BUTTON TO START"
DIAGNOSTIC TESTS
( ) 1. Clock time check.
( ) 2. Date check.
OPERATIONAL TESTS
( ) 1. Alcohol-free subject test result
				  0._____________AC.
( ) 2. Error recognition logic system functioning.
Not a Successfully Completed Test Sequence printed
( ) 3. Proper sample recognition system.
Not a Successfully Completed Test Sequence printed
Deficient sample printed.
( ) 4. Standard Calibration Check standard 0._____________AC.
				  Result 0._____________AC.
Instrument is operating properly and accurately. YES ______
				  NO ______
COMMENTS
				  _____________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
SIGNATURE
				  ____________________________________________________________________
DPS Form Exh G-4 (Rev 05-01)
Arizona Administrative Code › Title 13 - PUBLIC SAFETY › Chapter 10 - Department of Public Safety Alcohol Testing › Article 1 - DETERMINATION OF ALCOHOL CONCENTRATION › Exhibit G-5 - Standard Quality Assurance Procedure Intoxilyze, Model 8000 (Option P)

Current through Register Vol. 30, No. 28, July 12, 2024
THIS REPORT PREPARED PURSUANT TO DUTY IMPOSED BY A.A.C.
				  R13-10-104(A)
ARIZONA DEPARTMENT OF PUBLIC SAFETY
STANDARD QUALITY ASSURANCE PROCEDURES
INTOXILYZER MODEL 8000
STANDARD QUALITY ASSURANCE PROCEDURE
(OPTION P)
Display Reads "Push Button to Start"
DIAGNOSTIC TESTS
1.
				Clock time check.
2. Date
				check.
OPERATIONAL TESTS
1.
				Alcohol-free subject test result.
2. Error recognition logic system
				functioning.
Not a Successfully Completed Test Sequence printed or
				  recorded.
3. Proper sample
				recognition system.
Not a Successfully Completed Test Sequence printed or
				  recorded.
Deficient sample printed or recorded.
4. Standard alcohol concentration
				solution.
DPS Form Exh G-5 (Rev 05-01)