Arizona Laws 41-619.55. Good cause exceptions; expedited review; hearing; revocation
A. The board shall determine good cause exceptions. The board shall determine a good cause exception after an expedited review or after a good cause exception hearing. The board shall conduct an expedited review within twenty days after receiving an application for a good cause exception.
Terms Used In Arizona Laws 41-619.55
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Agency: means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners the state board of technical registration or the board of massage therapy or the Arizona department of housing. See Arizona Laws 41-619.51
- Arrest: Taking physical custody of a person by lawful authority.
- Board: means the board of fingerprinting. See Arizona Laws 41-619.51
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Expedited review: means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present. See Arizona Laws 41-619.51
- Good cause exception: means the issuance of a fingerprint clearance card to an employee pursuant to Section 41-619. See Arizona Laws 41-619.51
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:
(a) Section 3-314. See Arizona Laws 41-619.51
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writing: includes printing. See Arizona Laws 1-215
B. Within forty-five days after conducting an expedited review, the board shall hold a good cause exception hearing if the board determines that the applicant does not qualify for a good cause exception under an expedited review but is qualified to apply for a good cause exception and the applicant submits an application for a good cause exception within the time limits prescribed by rule.
C. When determining whether a person is eligible to receive a good cause exception under an expedited review, the board shall consider whether the person has shown to the board’s satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in Section 41-1758.03, subsection B or Section 41-1758.07, subsection B or that the person is successfully rehabilitated and is not a recidivist. Before granting a good cause exception under an expedited review, the board shall consider all of the criteria listed in subsection E of this section.
D. The following persons shall be present during good cause exception hearings:
1. The board or its hearing officer.
2. The person who requested the good cause exception hearing. The person may be accompanied by a representative at the hearing.
E. The board may grant a good cause exception at a hearing if the person shows to the board’s satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in Section 41-1758.03, subsection B or Section 41-1758.07, subsection B or that the person is successfully rehabilitated and is not a recidivist. Notwithstanding any other law, the board may require applicants to disclose evidence regarding substantiated allegations of child or vulnerable adult abuse or neglect for consideration in determining an applicant’s successful rehabilitation. If the applicant fails to appear at the hearing without good cause, the board may deny a good cause exception. The board shall grant or deny a good cause exception within eighty days after the good cause exception hearing. Before granting a good cause exception at a hearing the board shall consider all of the following in accordance with board rule:
1. The extent of the person’s criminal record.
2. The length of time that has elapsed since the offense was committed.
3. The nature of the offense.
4. Any applicable mitigating circumstances.
5. The degree to which the person participated in the offense.
6. The extent of the person’s rehabilitation, including:
(a) Completion of probation, parole or community supervision.
(b) Whether the person paid restitution or other compensation for the offense.
(c) Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling.
(d) Personal references attesting to the person’s rehabilitation.
F. If the board grants a good cause exception to a person, the board shall request in writing that the department of public safety issue a fingerprint clearance card to the person.
G. The board’s staff, under the direction of the executive director of the board, shall review reports it receives of the arrest, charging or conviction of a person for offenses listed in sections 41-1758.03 and 41-1758.07 who previously received a fingerprint clearance card. Except as provided by subsection J of this section, the executive director shall report any arrest, charge or conviction of a prohibited crime to the state agencies listed on the applicant’s fingerprint clearance card application.
H. The board may request in writing that the department of public safety revoke a person’s fingerprint clearance card pursuant to Section 41-1758.04 if the person received a fingerprint clearance card and the person is subsequently convicted of an offense listed in Section 41-1758.03, subsection B or C or Section 41-1758.07, subsection B or C.
I. Pending the outcome of a good cause exception determination, the board or its hearing officer may issue interim approval in accordance with board rule to continue working to a good cause exception applicant.
J. If the board’s staff, under the direction of the executive director, receives a report of an arrest, charging or conviction of a prohibited crime for a person who previously received a fingerprint clearance card pursuant to section 15-1881, the executive director shall not report this information to the state agency that is listed on the applicant’s fingerprint clearance card application but shall notify the person issued the fingerprint clearance card of the report.
K. The board is exempt from chapter 6, article 10 of this title.
L. A person who is required to obtain a fingerprint clearance card pursuant to Section 41-619.52 is not eligible to receive a good cause exception pursuant to this section.