Ariz. Admin. Code § R17-7-204 - Authorized Third-party Requirements
A. An authorized third party shall maintain
compliance with all state and federal laws, Department rules, and authorization
agreement provisions.
B. While
holding a third-party authorization, any principal or certified individual of
an authorized third party shall:
1. Not have
a suspension, cancellation, revocation, or denial of another similar business
license or agreement issued by the Department;
2. Not have delinquent fees, taxes, or unpaid
balance owed to the Department; and
3. Remain in good standing with the
Department.
C. Until
returned to the Department, an authorized third party shall retain the
following records at an established place of business or at the principal place
of business:
1. All logs and copies of
completed, issued, or voided accountable inventory;
2. All unused accountable inventory;
and
3. All other paper and
electronic records, including all supporting documents, relating to the
activities provided by the authorized third party.
D. On the request of the Department, an
authorized third party shall produce and deliver to the Department the records
listed in subsection (C).
E. An
authorized third party shall maintain a copy of the certificate issued by the
Department relating to each type of authorized activity that a certified
individual performs at the principal place of business.
F. An authorized third party shall retain a
certified individual's personnel file for a minimum of one year after the
certified individual's last day of work. The personnel file of the certified
individual shall include the following:
1.
Dates of employment,
2. All
computer access forms (if applicable),
3. Computer access termination form (if
applicable), and
4. All relevant
Department correspondence.
G. An authorized third party shall comply
with the audit and inspection requirements of A.R.S. §
28-5102 and
R17-7-401.
H. An authorized third party shall provide a
safe work area adequate in size and otherwise suitable to accommodate all
authorized activities.
I. An
authorized third party shall:
1. Have
facilities, including the vicinity and equipment, pre-approved or prescribed by
the Department;
2. Have one or more
established places of business as approved by the Department; and
3. Conduct all authorized activities only at
the approved established places of business.
J. An authorized third party shall obtain the
Department's written approval before:
1.
Changing the location or floor plan of each established place of
business,
2. Changing a skills test
route or test site,
3. Performing
any additional authorized activity,
4. Conducting any other businesses at an
established place of business, or
5. Using or adopting a name different from
the name specified on its authorization agreement.
K. An authorized third party shall provide
written notice to the Department, within two business days, of any changes,
including full name and address, to the list of certified individuals or the
contact individual.
L. An
authorized third party that is open to the public shall post at each place of
business the sign required by A.R.S. §
28-5101(J), and a
sign provided by the Department that states the business:
1. Is a Department-authorized third-party
provider, and
2. May charge the
customer a convenience fee when applicable.
M. An authorized third party shall comply
with the application requirements of
R17-7-201 and provide the required
information 60 days before making any ownership changes.
N. An authorized third party shall attend all
ongoing Department-approved training within the time-frames established by the
Department in its authorization agreement.
O. An authorized third party shall not
employ, contract with, or otherwise engage a current Department
employee.
P. An authorized third
party shall:
1. Submit all documents and
corrections, according to state laws, rules, and the terms and conditions of
its authorization agreement;
2.
Immediately notify the Department of any unlawful actions relating to motor
vehicle transactions that become known to the authorized third party;
3. Require that a customer submit all
supporting documentation prescribed by the Department relating to a transaction
before updating the Department databases;
4. Provide notice on the form provided by the
Department within 24 hours if a certified individual's:
a. Driver license is suspended, revoked,
canceled, or disqualified by the Department, including a commercial driver
license medical suspension under A.A.C.
R17-4-508 ;
b. Vehicle certificate of title is canceled
by the Department; or
c. Vehicle
registration is suspended or canceled by the Department;
5. Conduct skills tests, if applicable, only
on test routes approved by the Department; and
6. Maintain all minimum required surety bond
and insurance coverage as prescribed in the authorization agreement.
Q. An authorized third party shall
not solicit an individual or another business on Department property or any
other business authorized under this Chapter unless approved by the
Department.
Notes
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