Ariz. Admin. Code § 17-5-311

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

Section R17-5-311 - Professional Conduct; Conflicts of Interest; Advertising

A. A professional driver training school or traffic survival school representative or instructor shall not:

1. Accompany a student into any Department office or office of an authorized third party driver license or driver license training provider; or

2. Solicit an individual for any purpose on any premises rented, leased, operated, or owned by the Department or by an authorized third party driver license or driver license training provider.

B. A licensee or traffic survival school qualified instructor shall maintain good standing with the Department at all times while licensed or qualified by the Department or private entity under this Article.

C. A licensee shall not delegate or subcontract any licensed activity authorized by the Department or private entity under this Article.

D. The Department may take corrective action as provided under R17-5-321 and R17-5-323 if the Department or private entity determines or has reason to believe that a licensee or instructor has demonstrated unethical conduct in the performance of official duties, including:

1. Verbally abusing, intimidating, or sexually harassing a student or potential student; or

2. Making a false statement that is material to the activities regulated in this Article to any personnel of the Department or private entity.

E. A school shall use for all licensed activities and related advertising purposes only its official business name or its doing-business-as name as indicated on the license issued under this Article.

F. A licensee shall not represent or imply that it is the state of Arizona, the Department, the Motor Vehicle Division, or any government agency in any printed or electronic advertising or promotional material, except to the extent expressly authorized by the Department.

G. Licensee advertising shall not in any way:

1. Contain false, deceptive, or misleading information;

2. Imply that the licensee can issue or guarantee issuance of a driver license or endorsement;

3. Imply that the licensee can influence the Department or an authorized third party provider in the issuance of a driver license or endorsement;

4. Imply that the licensee can provide any activity the licensee is not licensed by the Department or private entity to perform;

5. Imply that preferential or advantageous treatment by the Department can be obtained; or

6. Use or contain a term prohibited under R17-5-302(C).

H. A school licensed by the Department or private entity under this Article may state in its advertising that it is "licensed" or "qualified" by the Department, but shall not indicate that the school is approved, sanctioned, or in any other way endorsed or recommended by the Department.

I. All printed or electronic advertising or promotional material used, issued, or published by a licensee must be pre-approved by the Department or private entity.

J. An instructor, in any official capacity as an instructor or for compensation, shall not provide any classroom instruction or skills training for an immediate family member or a principal or employee of any school that employs the instructor.

K. A full-time employee of the state of Arizona shall not receive any direct pecuniary payments from any fees paid by those who attend a licensed school.

Ariz. Admin. Code § R17-5-311

Adopted by exempt rulemaking at 29 A.A.R. 1096, effective 9/1/2015. Amended by final rulemaking at 23 A.A.R. 2045, effective 9/5/2017.