Ariz. Admin. Code § 17-1-603

Current through Register Vol. 30, No. 45, November 8, 2024

Section R17-1-603 - Application for Permit

A. A person seeking to conduct a solicitation on Department property shall first apply to the Department for a permit by completing a solicitation request form provided by the Department.

B. The person shall submit the completed solicitation request form by mail, fax, or e-mail as provided on the form at least 15 days before the desired effective date of the solicitation.

C. A completed application is one that is legible and contains, at a minimum, all of the following information:

1. The name, address, and telephone number of the applicant. If a permit is requested on behalf of an organization, the application shall also include the name, address, and telephone number of the organization, as well as its primary representative or contact person deemed in charge of and responsible for the proposed solicitation;

2. The proposed effective date and approximate starting and concluding times of the proposed solicitation;

3. The names of all persons who will take part in conducting solicitation activities on behalf of the applicant;

4. The specific office location requested for the proposed solicitation;

5. The general purpose of the proposed solicitation;

6. Copies of all solicitation materials to be used so the Department can verify that the purpose of the solicitation does not violate R17-1-607(B)(3) or (4);

7. Certification by the applicant that the applicant, and any person acting on behalf of the applicant, has not been convicted of a felony or misdemeanor offense involving dishonesty, fraud, theft, assault, battery, or other crime involving physical violence within five years of the date of the application; and

8. The signature of the applicant acknowledging that he or she agrees to:

a. Comply with all requirements under this Article; and

b. Indemnify and reimburse the Department for claims and expenses arising out of the solicitor's use of Department property, including any cleanup or damage repair costs associated with the solicitation incurred by the Department.

D. The Department, to the extent necessary and as appropriate to the time, place, and manner of each proposed solicitation and the safety issues it may pose, may require an applicant to provide at the applicant's own expense:

1. Adequate liability insurance coverage in the form of a certificate of insurance listing the state of Arizona and the Arizona Department of Transportation as additional insured entities, and

2. Adequate security services during solicitation activities.

E. The Department shall consider the following criteria in determining whether one or more of the actions in subsection (D) is necessary and in the best interest of the state. The listed factors also apply in determining the amount of liability insurance coverage an applicant shall provide:

1. Previous experience with similar solicitation activities,

2. Data regarding the risk of the proposed solicitation activities,

3. Security services required for similar solicitation activities in Arizona and the cost of those services, and

4. The applicant's ability to pay an insurance premium or security service provider.

Ariz. Admin. Code § R17-1-603

New Section made by final rulemaking at 17 A.A.R. 1995, effective September 13, 2011 (Supp. 11-3).