Arizona Laws 28-5108. Cancellation or suspension of authorization or certification; hearing; appeal
A. The director may suspend or cancel an authorization or certification, or both, granted pursuant to this article if the director determines that the third party or certificate holder has done any of the following:
Terms Used In Arizona Laws 28-5108
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Authorized third party: means an entity that has executed a written agreement and is authorized by the department to perform limited or specific functions but is not authorized by the department to function as an authorized third party electronic service provider. See Arizona Laws 28-5100
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
1. Made a material misrepresentation or misstatement in the application for authorization or certification.
2. Violated a law of this state.
3. Violated a rule or policy adopted by the department.
4. Failed to keep and maintain records required by this article.
5. Allowed an unauthorized person to engage in any business pursuant to this article.
6. Been involved in any activity that the director determines to be inappropriate in relation to the authority granted.
B. The director may suspend or cancel an authorization or certification, or both, granted pursuant to this chapter if the director determines that an individual included in the application for authorization or certification:
1. Made a misrepresentation, omission or misstatement in the application to conceal a matter that may cause the application to be denied.
2. Has been convicted of fraud or an auto related felony in a state, territory or possession of the United States or a foreign country within the ten years immediately preceding the date a criminal records check is complete.
3. Has been convicted of a felony, other than a felony described in paragraph 2 of this subsection, in a state, territory or possession of the United States or a foreign country within the five years immediately preceding the date a criminal records check is complete.
C. The director shall suspend or cancel an authorization of a third party granted pursuant to this article if the director determines that the third party failed to maintain the bond required pursuant to section 28-5104.
D. If the director has reasonable grounds to believe that a certificate holder or other person employed by an authorized third party has committed a serious violation, the director may order a summary suspension of the third party’s authorization granted pursuant to this chapter pending formal suspension or cancellation proceedings. For the purposes of this subsection, "serious violation" means:
1. Title or registration fraud.
2. Driver license or identification license fraud.
3. Improper disclosure of personal information as defined in section 28-440.
4. Bribery.
5. Theft.
E. On determining that grounds for suspension or cancellation of an authorization or certification, or both, exist, the director shall give written notice to the third party or certificate holder to appear at a hearing before the director to show cause why the authorization or certification should not be suspended or canceled.
F. After consideration of the evidence presented at the hearing, the director shall serve notice of the director’s finding and order to the third party or certificate holder.
G. If a third party authorization or a certification is suspended or canceled, the third party or certificate holder may appeal the decision pursuant to Title 12, Chapter 7, Article 6.