Arizona Laws 32-2641. Grounds for refusal to issue a security guard identification card or registration certificate; judicial review; good cause exceptions
A. Except as provided in subsection F of this section, the department may deny the issuance of an identification card to an applicant for a security guard registration certificate, an armed security guard registration certificate, a security guard training instructor registration certificate or a firearms safety training instructor registration certificate if the applicant:
Terms Used In Arizona Laws 32-2641
- Applicant: means a person who has submitted a completed application and all required application and fingerprint processing fees. See Arizona Laws 32-2601
- Armed security guard: means a registered security guard who wears, carries, possesses or has access to a firearm at any time during the course of employment. See Arizona Laws 32-2601
- Arrest: Taking physical custody of a person by lawful authority.
- Board: means the private investigator and security guard hearing board established by section 32-2404. See Arizona Laws 32-2601
- Department: means the department of public safety. See Arizona Laws 32-2601
- Director: means the director of the department of public safety. See Arizona Laws 32-2601
- Firearms safety training instructor: means a person who provides classroom and range instruction to applicants for armed security guard certification. See Arizona Laws 32-2601
- Identification card: means a card issued by the department to a qualified applicant for an agency license, to an associate or to a registrant. See Arizona Laws 32-2601
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Registration certificate: means a certificate that is authenticated by the department and that attests that an employee of a business holding an agency license has satisfactorily complied with article 3 of this chapter. See Arizona Laws 32-2601
- Security guard: means any person employed by a private security guard service or proprietary company as a watchman, patrolman, bodyguard, personal protection guard or private security guard or any other person who performs security guard services, but does not include any regularly commissioned police or peace officer or railroad police appointed pursuant to section 40-856. See Arizona Laws 32-2601
- Security guard training instructor: means a person who provides instruction to applicants for unarmed security guard certification. See Arizona Laws 32-2601
- Writing: includes printing. See Arizona Laws 1-215
1. Does not meet the requirements prescribed in section 32-2622 for the appropriate type of certificate.
2. Has committed any act that would be grounds for the suspension or revocation of a security guard registration pursuant to this chapter.
3. Has knowingly made any statement that is false in the application.
B. If the director determines that an applicant’s criminal history contains open arrest information, the director shall:
1. Issue a notice to the applicant allowing forty-five days for the applicant to provide documentation concerning the disposition of the arrest or arrests.
2. Send to the applicant at the applicant’s last known residential address sufficient information to assist the applicant in complying with the director’s request under paragraph 1 of this subsection.
C. The denial of the issuance of a registration certificate under this article shall be in writing and shall describe the basis for the denial. The denial notice shall inform the applicant that if the applicant desires a hearing by the board to contest the denial the applicant shall submit the request in writing to the department within thirty calendar days after service of the denial notice. Service is complete on the mailing of the denial to the address listed on the application.
D. Except as provided in Section 41-1092.08, subsection H, final decisions of the director are subject to judicial review pursuant to Title 12, Chapter 7, Article 6.
E. If an applicant is denied a registration certificate, the applicant may petition the board for a good cause exception.
F. If the board granted an applicant for a security guard registration certificate, an armed security guard registration certificate, a security guard training instructor registration certificate or a firearms safety training instructor registration certificate a good cause exception pursuant to section 32-2609, the department may not deny the person‘s renewal application based on factors already reviewed by the board when granting the good cause exception.