Ariz. Admin. Code § 17-1-513

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

Section R17-1-513 - Summary Review of an Administrative Suspension Order under A.R.S. Section 28-1385

A. A petitioner issued a driving privilege suspension order under A.R.S. § 28-1385, may request summary review instead of a hearing.

1. The requirements of R17-1-502 apply to a summary review request.

2. The petitioner or the petitioner's attorney may include with the summary review request a written statement of:

a. The reasons why the Division should not suspend the petitioner's driving privilege, and

b. Reasons to find that at least one issue in subsections (C)(1) through (C)(3) is not met by the affidavit filed by a law enforcement officer with the Department.

B. An administrative law judge conducting summary review of a suspension order under A.R.S. § 28-1385 shall:

1. Conduct the summary review without the petitioner's presence,

2. Examine the documents in the Executive Hearing Office case file, and

3. Issue a written summary review decision sustaining or voiding the suspension order.

C. An administrative law judge conducting summary review of a suspension order under A.R.S. § 28-1385 shall consider the following factors:

1. Whether the law enforcement officer's certified report reflects the officer had reasonable grounds to believe the petitioner was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor;

2. Whether the law enforcement officer's certified report reflects the officer placed the petitioner under arrest for a violation of A.R.S. §§ 4-244(33), 28-1381, 28-1382, or 28-1383, and the petitioner complied with A.R.S. § 28-1321;

3. Whether the law enforcement officer's certified report reflects petitioner's test results indicating at least the applicable alcohol concentration stated in A.R.S. § 28-1385; and

4. Whether the petitioner's written statement of the reasons why the Division should not suspend the petitioner's driving privilege provides convincing evidence that at least one issue in subsections (C)(1) through (C)(3) was not met.

Ariz. Admin. Code § R17-1-513

New Section recodified from R17-4-910 at 7 A.A.R. 3477, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 7 A.A.R. 4133, effective September 13, 2001 (Supp. 01-3). Former R17-1-513 renumbered to R17-1-514; new R17-1-513 renumbered from R17-1-512 and amended by final rulemaking at 13 A.A.R. 4598, effective February 3, 2008 (Supp. 07-4).