Ariz. Admin. Code § 13-11-104

Current through Register Vol. 30, No. 45, November 8, 2024

Section R13-11-104 - Application Requirements

A. Good cause exception application. To apply for a good cause exception, an applicant shall submit the following materials to the Board within one year from the date of the denial or suspension letter from DPS:

1. The good cause exception application form, which is available on the Board's website. The applicant shall have the completed form notarized before submitting the form.

2. A copy of the denial or suspension letter from DPS.

3. Two letters of reference, using the form available on the Board's website, which meet the following requirements:

a. Both letters of reference are from individuals who have known the applicant for at least one year; and

b. At least one letter of reference is from the applicant's current or former employer or from an individual who has known the applicant for at least three years.

4. If the DPS notice indicates that DPS could not determine the disposition of a charge, documents from the appropriate court showing the disposition of the charge or showing that records pertaining to the applicant either do not exist or have been purged.

5. For any charge that occurred no more than five years before the date on the DPS notice, regardless of whether the charge is listed on the DPS notice, the police report for each charge and documents from the appropriate court showing the disposition of the charge.

6. For any criminal conviction, regardless of whether the offense is listed on the DPS notice, documents from the appropriate court showing either the applicant has met all judicially imposed obligations or sentencing conditions or records pertaining to the applicant do not exist or have been purged. If the applicant has not met all judicially imposed obligations or sentencing conditions, the applicant shall provide a written statement indicating or documents from the appropriate court showing the status of the applicant's efforts toward meeting the obligations.

7. A statement written by the applicant that explains each charge, regardless of whether the charge is listed on the DPS notice.

B. Central registry exception application. To apply for a central registry exception, an applicant shall submit the following materials to the Board:

1. The central registry exception application form, which is available on the Board's website. The applicant shall have the completed form notarized before submitting the form.

2. A copy of the denial letter from DCS or DPS.

3. Two letters of reference, using the form available on the Board's website, which meet the following requirements:

a. Both letters of reference are from individuals who have known the applicant for at least one year; and

b. At least one letter of reference is from the applicant's current or former employer or from an individual who has known the applicant for at least three years.

4. If the applicant has had any criminal charges:

a. Documents from the appropriate court showing either the disposition of the criminal charges or that records pertaining to the applicant do not exist or have been purged;

b. For any charge that occurred no more than five years before the date on the DES notice, the police report for the charge and documents from the appropriate court showing the disposition of the charge;

c. For any criminal conviction, documents from the appropriate court showing either the applicant has met all judicially imposed obligations or sentencing conditions or records pertaining to the applicant do not exist or have been purged. If the applicant has not met all judicially imposed obligations or sentencing conditions, the applicant shall provide a written statement indicating or documents from the appropriate court showing the status of the applicant's efforts toward meeting the obligations; and

d. A statement written by the applicant that explains each criminal charge.

5. A statement written by the applicant that explains each incident that led to a substantiated allegation of child abuse or neglect.

6. If CPS assigned a case plan to the applicant, the current CPS case plan or documentation from CPS showing that the case plan is unavailable.

C. After receiving the application form required under subsection (A) or (B), the Board shall conduct an investigation that includes obtaining the applicant's full criminal history record from DPS and, if applicable, the redacted CPS report and other investigative information available from DES.

D. The Board or its hearing officer may accept any other documents an applicant submits, as allowed by A.R.S. § 41-1062.

Ariz. Admin. Code § R13-11-104

New Section adopted by exempt rulemaking at 5 A.A.R. 3087, effective August 19, 1999 (Supp. 99-3). Former Section R13-11-104 renumbered to R13-11-105; new Section R13-11-104 renumbered from R13-11-103 by exempt rulemaking at 9 A.A.R. 3744, effective August 1, 2003 (Supp. 03-3). Former Section R13-11-104 renumbered to R13-11-109; new Section R13-11-104made by exempt rulemaking at 9 A.A.R. 4449, effective September 26, 2003 (Supp. 03-3). Amended by exempt rulemaking at 13 A.A.R. 3435, effective September 19, 2007 (Supp. 07-3). Amended by exempt rulemaking at 18 A.A.R. 2146, effective August 8, 2012 (Supp. 12-3). Amended by final exempt rulemaking at 26 A.A.R. 2091, effective 9/30/2020.