A.R.S. tit. 32 ch. 23 — Arizona Revised Statutes Title 32 Chapter 23 — Professional Driver Training Schools

32-2351. Definitions In this chapter, unless the context otherwise requires: 1. "Agent" means any person who, for compensation, enrolls or attempts to enroll residents of this state in a professional driver training school through personal or telephone contact, advertisement, mail or any other type of publication. 2. "Director" means the director of the department of transportation. 3. "Instructor" means any person, whether acting for himself as an operator of a professional driver training school or for any such school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises the practice of persons learning to operate or drive motor vehicles or preparing to take an examination for a driver license or instruction permit, and any person who supervises the work of any other instructor. 4. "Professional driver training school" or "school" means a business enterprise conducted by an individual, association, partnership, or corporation that educates and trains persons, either practically or theoretically, or both, to operate or drive commercial motor vehicles, that prepares applicants for an examination given by the state for a commercial driver license or learner's permit and that charges a consideration or tuition for these services. 32-2352. Enforcement; contract with private entity A. The director, subject to title 41, chapter 6, shall adopt such rules concerning the administration and enforcement of this chapter as are necessary to carry out the intent of this chapter and to protect the public. The director or the director's authorized representative shall inspect the school facilities and equipment used by applicants and licensees under this chapter. B. The director shall administer and enforce this chapter. C. The director may contract with a private entity to conduct inspections pursuant to this section and to administer any rules adopted pursuant to this section that relate to the licensure and administration of professional driver training schools pursuant to this chapter. The term of any contract entered into pursuant to this subsection shall not exceed five years with a right to renew for an additional five years. The private entity that contracts with the director pursuant to this subsection: 1. Shall not provide professional driver training school courses. 2. May charge a fee to each person who enrolls in a professional driver training school. 32-2353. Exemptions This chapter does not apply to any person who gives driver training lessons without charge, to employers maintaining driver training schools without charge for their employees only or to schools or classes conducted by colleges, universities and high schools for regularly enrolled, full-time students as a part of the normal program for such institutions. 32-2371. License for schools; requirements; fingerprint clearance card A. A professional driver training school shall not be established and any such existing school shall not be continued on or after March 13, 1968 unless the school applies for and obtains from the director a license in the manner and form prescribed by the director. B. Rules adopted by the director shall state the requirements for a school license, including requirements concerning location, equipment, courses of instruction, instructors, previous records of the school and instructors, schedule of fees and charges, insurance in such a sum and with such provisions as the director deems necessary to protect adequately the interests of the public, and such other matters as the director may prescribe for the protection of the public. C. Each applicant who owns twenty percent or more of an entity, and each partner or stockholder who owns twenty percent or more of an entity, and who seeks licensure pursuant to this chapter shall provide the department or a contracted private entity of the department pursuant to section 32-2352 with a valid fingerprint clearance card issued pursuant to section 41-1758.03. 32-2371.01. License for agents; requirements A. The director may require an agent who operates from a location in this state and who solicits students on behalf of a professional driver training school that is located in this state or any other state to obtain a license in the manner and form prescribed by the director. B. If the director requires licensure of agents, the director shall adopt rules that state the requirements for an agent license, including requirements concerning truthfulness and the adequacy of information provided by the agent to members of the public regarding the professional driver training school that the agent represents. 32-2372.01. Commercial motor vehicle instructors; rules On or before December 31, 2016 the director shall adopt rules to establish requirements and minimum standards for commercial motor vehicle instructors. 32-2373. Refusal to issue or renew license of school or agent A. The director may refuse to issue or renew the license for a school or an agent in any case in which the director determines that the licensee or applicant has not complied with, or has knowingly violated, any provision of this chapter or any rule adopted pursuant to this chapter by the director. B. An applicant or licensee who is aggrieved by the director's decision may make a written request to the department for a hearing within thirty days after service of notice of the refusal. If the applicant or licensee does not request a hearing within thirty days, the decision is final. If the applicant or licensee requests a hearing, the director shall give written notice to the applicant or licensee to appear at the hearing and show cause why the refusal to issue or renew the license should not be upheld. After consideration of the evidence presented at the hearing, the director shall serve notice in writing to the applicant or licensee of the director's findings and order. 32-2374. Fees Except as provided in section 32-4301, all licenses expire on the last day of the calendar year and may be renewed on application to the director as prescribed by rule. Each application for an original or renewal license to operate a professional driver training school shall be accompanied by a fee of two hundred dollars. Each application for an original or renewal agent's license shall be accompanied by a fee of ten dollars. An application for a branch license shall be accompanied by a fee of fifty dollars. No license fee may be refunded in the event a license is suspended or revoked. 32-2375. Disposition of fees All monies received by the director from the fees provided in this article shall be deposited, pursuant to sections 35-146 and 35-147, in the state highway fund. 32-2391. Suspension and revocation of license; determination; appeal The director, after conducting a hearing for the licensee, may cancel, suspend or revoke the license of a school or agent in any case in which the director finds that the licensee has not complied with, or has knowingly violated, this chapter or any rule adopted under this chapter. Each cancelled, suspended or revoked license shall be returned to the director by the licensee. Decisions of the director shall be subject to judicial review pursuant to title 12, chapter 7, article 6. 32-2392. Violation; classification A person who violates any provision of this chapter is guilty of a class 3 misdemeanor. 32-2393. Liability insurance required; amount Notwithstanding section 28-4009, a school shall obtain an automobile liability or motor vehicle liability policy which covers each motor vehicle operated by the school for driver training in the minimum amount of one hundred fifty thousand dollars because of bodily injury to or death of one person in any one accident, subject to the limit for one person, three hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident, fifty thousand dollars because of injury to or destruction of property of others in any one accident and five thousand dollars medical payments coverage. 32-2394. Cease and desist orders A. If the director has reasonable cause to believe that a professional driver training school licensed pursuant to article 2 of this chapter has violated or is violating a law of this state or rule adopted by the director, the director may immediately issue and serve on the licensee, by personal delivery or first class mail at the business address of record, a cease and desist order requiring the licensee to immediately cease and desist from further engaging in the business or the prohibited activity, or both. B. A licensee who receives a cease and desist order may submit a written request for a hearing to the director. The licensee shall submit the request for a hearing within thirty days after the licensee receives the cease and desist order. On failure of a licensee to comply with the order or after a requested hearing, the director may suspend or cancel the licensee's license pursuant to section 32-2391.