Ariz. Admin. Code § 13-12-104

Current through Register Vol. 30, No. 50, December 13, 2024

Section R13-12-104 - Hearing on Good-cause Exception

A. The Board shall schedule a hearing regarding a good-cause exception for an applicant to occur within 60 days after receiving the materials described in R13-12-103.

B. The Board shall provide the applicant with at least 30 days notice of the date, time, and location of the hearing on the applicant's application for a good-cause exception.

C. The applicant may be represented at the hearing.

D. If the applicant plans to present written evidence at the hearing that was not included with the application, the applicant shall submit the written evidence to the Board through the Department at least five days before the hearing.

E. The Board shall conduct the hearing in an informal manner without adherence to the rules of evidence required in a judicial proceeding.

F. At the hearing, the applicant shall show to the Board's satisfaction that the applicant:

1. Has never been convicted of an offense listed in A.R.S. § 41-1758.03(B), and

2. Is not awaiting trial on an offense listed in A.R.S. § 41-1758.03(B).

G. At the hearing, the applicant has the burden of persuading the Board that the applicant should be granted a good-cause exception.

H. In deciding whether to grant a good-cause exception, the Board shall consider:

1. The extent of the applicant's criminal record;

2. The length of time that has elapsed since the most recent offense was committed;

3. The nature of the offense;

4. Evidence supporting any applicable mitigating circumstances;

5. Evidence supporting the degree to which the applicant participated in the offense; and

6. Evidence supporting the extent of the applicant's rehabilitation, including:

a. Completion of probation, parole, or community supervision;

b. Whether the applicant paid restitution or other compensation for the offense;

c. Evidence of positive action to change criminal behavior such as completing a drug-treatment program or counseling; and

d. Personal references attesting to the applicant's rehabilitation.

Ariz. Admin. Code § R13-12-104

New Section made by final rulemaking at 12 A.A.R. 2844, effective July 11, 2006 (Supp. 06-3).