Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 5 - DEPARTMENT OF TRANSPORTATION - COMMERCIAL PROGRAMS › Article 3 - PROFESSIONAL DRIVER SERVICES › Section R17-5-301 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions under A.R.S. §§
									28-101
				  and
				  32-2351,
				  the following definitions apply to this Article, unless otherwise specified:
				  "Activity" means a function or service that is provided by a licensed
				  professional driver training school pursuant to A.R.S. Title 32, Chapter 23 or
				  licensed traffic survival school pursuant to A.R.S. Title 28, Chapter 8,
				  Article 7.1 and that is performed by a professional driver training school
				  instructor or traffic survival school qualified instructor as defined in this
				  Article.
"Applicant" means an individual or school, including
				  principals, requesting in the manner set forth in this Article the issuance or
				  renewal of a license or to become a qualified instructor under A.R.S. Title 28,
				  Chapter 8, Article 7.1 or Title 32, Chapter 23 and this Article.
"Application date" means the date the Department or private
				  entity receives a signed application from an applicant.
"Audit" means a review of the operations, facilities,
				  equipment, and records of a licensee under this Article, which is performed by
				  the Department or private entity under A.R.S. §
									28-3411
				  or
				  32-2352
				  to assess and ensure compliance with all applicable federal and state laws and
				  rules.
"Branch" means a licensed professional driver training
				  school's or licensed traffic survival school's business location that is an
				  additional established place of business, but not the school's principal place
				  of business.
"Business day" means a day other than a Saturday, Sunday, or
				  legal state holiday.
"Business manager" means an owner or employee of a licensed
				  school who has primary and sufficient oversight, supervision, and
				  responsibility for all operations necessary to ensure full compliance with all
				  applicable federal or state laws, rules, and school guidelines.
"Certificate of completion" means an electronic or paper
				  document that is approved by the Department or private entity and that is
				  issued by a traffic survival school or high school qualified instructor to a
				  student who has demonstrated successful completion of a training or educational
				  session or both conducted under this Article.
"Character and reputation" means a person:
Has not been convicted of a class 1 or 2 felony by a court of
				  competent jurisdiction,
Has not within five years of application date been convicted
				  of any other felony or misdemeanor offense having a reasonable relationship to
				  the functions of the activity or the employment or category for which the
				  qualification is sought, and
Has not within 12 months of application date had an
				  application or an examination required for license or qualification under this
				  Chapter denied or revoked due to fraud or misrepresentation.
"Commercial driver license motor vehicle record" has the same
				  meaning as a CDLIS motor vehicle record as defined in
				  49
				  CFR 384.105.
"Department-approved inventory" means educational media and
				  related items or other resources provided and approved by the Department or
				  private entity that are deemed necessary or useful for traffic survival school
				  instruction, which includes curriculum, computer disks or drives, classroom
				  training materials, instructor workbooks, instructor training manuals, or other
				  materials, whether stored in paper or electronic formats.
"Established place of business" means a licensed professional
				  driver training school's or licensed traffic survival school's business
				  location that is:
Approved by the Department,
Located in Arizona,
Not used as a residence, and
Where the licensed school performs licensed activities.
"Good standing" means an applicant:
Has not had a similar business license, qualification, or
				  approval suspended, revoked, canceled, or denied within the previous three
				  years of the application date;
Does not have any pending corrective action, as defined under
				  R17-5-323,
				  relating to a Department-issued business license, qualification, or
				  approval;
Has not had a fingerprint clearance card required for
				  licensure under this Article suspended, revoked, or canceled;
Does not owe delinquent fees, taxes, or unpaid balances to
				  the Department or private entity;
Has not had any substantiated derogatory information relevant
				  to the requested license reported to the Department about the applicant from
				  any state agency contacted by the Department; or
Has not been dismissed, or resigned in lieu of dismissal,
				  from a position for cause following allegations of misconduct having a
				  reasonable relationship to the person's proposed area of licensure or
				  qualification, if the applicant is a former Department employee or a former
				  principal or employee of a licensed professional driver training school or
				  licensed traffic survival school.
"Immediate family member" has the same meaning as prescribed
				  in A.R.S. §
									28-2401.
"Inactivation" or "inactive" means a temporary or permanent
				  status, assigned by the Department to a school previously licensed under this
				  Article, which prohibits the school from further engaging in the previously
				  licensed activity after the occurrence of any of the following actions:
Cancellation of license, as defined in
				  R17-5-323;
Suspension of license, as defined in
				  R17-5-323;
Revocation of license, as defined in
				  R17-5-323;
Non-renewal of license; or
Relinquishment of license.
"Licensee" means a school licensed by the Department or
				  private entity under A.R.S. § 28-341 or
				  32-2371
				  and this Article, to perform a licensed activity.
"Principal" means any of the following:
If a sole proprietorship, the sole proprietor;
If a partnership, limited partnership, limited liability
				  partnership, limited liability company or corporation, the:
Partner;
Manager;
Member;
Officer;
Director;
Agent; or
If a limited liability company or corporation, each
				  stockholder owning 20 percent or more of the limited liability company or
				  corporation; or
If a political subdivision or government agency, the
				  political subdivision or agency head.
"Principal place of business" means a licensed professional
				  driver training school's or licensed traffic survival school's administrative
				  headquarters, which shall not be used as a residence.
"Private entity" means an entity that contracts with the
				  Department under A.R.S. §
									28-3411
				  or
				  32-2352.
"Professional driver training school instructor " means an
				  individual meeting the qualifications under
				  R17-5-303
				  who can present specific training and educational curriculum to professional
				  driver training school students as provided under this Article.
"Satisfactory driver record" means an applicant has not had
				  within the past 39 months:
A conviction for driving under the influence, reckless or
				  aggressive driving, racing on a highway, or leaving the scene of an
				  accident;
A driver license previously canceled, suspended, revoked, or
				  disqualified for any reason except for failing to meet or maintain the
				  commercial driver license physical qualifications under
				  49 CFR
				  391.41 and A.A.C.
				  R17-4-508;
				  and More than three previous assignments to attend traffic survival school and
				  no pending assignment.
"Traffic survival school qualified instructor" means an
				  individual deemed qualified by the Department or private entity under this
				  Article to conduct instruction of an education session on behalf of a licensed
				  traffic survival school.