A. The following persons shall be fingerprinted pursuant to Section 41-1758.07:

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Terms Used In Arizona Laws 36-594.01

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of economic security. See Arizona Laws 36-551
  • Division: means the division of developmental disabilities in the department of economic security. See Arizona Laws 36-551
  • 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.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Service provider: means a person or agency that provides services to clients pursuant to a contract, service agreement or qualified vendor agreement with the division. See Arizona Laws 36-551
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

1. A person who is paid or who volunteers to work in a facility or program that is licensed by or that has entered into a contract with the division of developmental disabilities to provide services to persons with developmental disabilities.

2. A person who applies for certification as a home and community based service provider.

B. A person who is required to be fingerprinted pursuant to subsection A, paragraph 1 of this section shall have a valid fingerprint clearance card or shall apply for a fingerprint clearance card before providing services to persons with developmental disabilities.

C. A person who is required to be fingerprinted pursuant to subsection A, paragraph 2 of this section shall not be certified unless the person has a valid fingerprint clearance card or provides to the division of developmental disabilities documentation of the person’s application for a fingerprint clearance card.

D. This section does not apply to home and community based service providers who provide attendant care and who are immediate relatives with whom the person with developmental disabilities resides.

E. Persons who are required to be fingerprinted pursuant to subsection A of this section shall certify on forms that are provided by the department whether the person is awaiting trial on or has been convicted of any of the offenses listed in Section 41-1758.07, subsections B and C.

F. The division of developmental disabilities in the department of economic security shall notify the department of public safety if the division receives credible evidence that a person who possesses a valid fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in Section 41-1758.07, subsection B or C.

2. Falsified information on the form required by subsection E of this section.