Aaron Nash, Director
Certification & Licensing Division
Arizona Supreme Court and Administrative Office of the Courts
1501 W. Washington St., Ste. 104
Phoenix, AZ 85007
602-452-3378
[email protected] Arizona Code of Judicial Administration (ACJA) § 7-201: General Requirements.
Proposal to allow contingent certification.
Explanation of the need for the proposal:
The existing ACJA language describing when the Certification and Licensing Division (Division) may present an applicant to an Arizona Supreme Court regulatory board or committee (Board) for initial approval states, in part, “Upon a final review of the application…” (ACJA 7-201(E)(1)(a)(7)).
The Division’s review is not final until an applicant’s fingerprint results have been returned to and reviewed by the Division. Fingerprint results from the Department of Public Safety used to be returned to the Division in as little as four weeks, but in 2021, they were taking up to 12 weeks. The Division proposes that this change will expedite certification and licensure for those with no deficiencies in their background checks and applications, which will improve Division productivity and the delivery of legal services in Arizona.
The Division recommends a new subsection 7-201(E)(1)(a)(11), inserting the process for contingent approval. Stating that the Division “may” prepare and forward a recommendation to a Board gives the Division discretion to place an applicant on a Board agenda before fingerprint results have been reviewed. For example, for applicants who have been regulated for some other purpose and who have no apparent history of discipline. As is current practice, applicants would not be certified or licensed until they clear the background/fingerprint review.
Persons or entities affected if the proposal is adopted:
Those regulated by Arizona Supreme Court Boards or Committees and named in ACJA § 7-201: Fiduciaries, Confidential Intermediaries, Defensive Driving Schools and Instructors, Certified Reporters, Legal Document Preparers, Alternative Business Structures, and Legal Paraprofessionals. In addition to public notification of the proposal by posting on the ACJA Forum, the Division will email its lists of certificate and license holders.
Comment deadline is May 26, 2022.