Ariz. Admin. Code § 7-2-1307

Current through Register Vol. 30, No. 50, December 13, 2024

Section R7-2-1307 - Criminal Offenses

A. The Board shall revoke, not issue, or not renew the certification of a person who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit any of the following criminal offenses in this state or similar offenses in another jurisdiction:

1. Sexual abuse of a minor;

2. Incest;

3. First-degree murder;

4. Second-degree murder;

5. Manslaughter;

6. Sexual assault;

7. Sexual exploitation of a minor;

8. Commercial sexual exploitation of a minor;

9. A dangerous crime against children as defined in A.R.S. § 13-705;

10. Armed robbery;

11. Aggravated assault;

12. Sexual conduct with a minor;

13. Molestation of a child;

14. Exploitation of minors involving drug offenses;

15. Sexual abuse of a vulnerable adult;

16. Sexual exploitation of a vulnerable adult;

17. Commercial sexual exploitation of a vulnerable adult;

18. Child sex trafficking as prescribed in A.R.S. § 13-3212;

19. Child abuse;

20. Abuse of a vulnerable adult;

21. Molestation of a vulnerable adult;

22. Taking a child for the purpose of prostitution as prescribed in A.R.S. § 13-3206;

23. Neglect or abuse of a vulnerable adult;

24. Sex trafficking;

25. Sexual abuse;

26. Production, publication, sale, possession and presentation of obscene items as prescribed in A.R.S. § 13-3502;

27. Furnishing harmful items to minors as prescribed in A.R.S. § 13-3506;

28. Furnishing harmful items to minors by internet activity as prescribed in A.R.S. § 13-3506.01;

29. Obscene or indecent telephone communications to minors for commercial purposes as prescribed in A.R.S. § 13-3512;

30. Luring a minor for sexual exploitation;

31. Enticement of persons for purposes of prostitution;

32. Procurement by false pretenses of person for purposes of prostitution;

33. Procuring or placing persons in a house of prostitution;

34. Receiving earnings of a prostitute;

35. Causing one's spouse to become a prostitute;

36. Detention of persons in a house of prostitution for debt;

37. Keeping or residing in a house of prostitution or employment in prostitution;

38. Pandering;

39. Transporting persons for the purpose of prostitution, polygamy and concubinage;

40. Portraying adult as a minor as prescribed in A.R.S. § 13-3555;

41. Admitting minors to public displays of sexual conduct as prescribed in A.R.S. § 13-3558;

42. Unlawful sale or purchase of children;

43. Child bigamy; or

44. Trafficking of persons for forced labor or services.

B. Upon notification by the clerk of the court, magistrate or court of competent jurisdiction, the Board shall immediately and permanently revoke the certificate of a person who has been convicted of any of the following offenses:

1. A dangerous crime against children as defined in A.R.S. § 13-705;

2. Sexual abuse as prescribed in A.R.S. § 13-1404 in which the victim was a minor;

3. Sexual assault as prescribed in A.R.S. § 13-1406 in which the victim was a minor;

4. Sexual conduct with a minor as prescribed A.R.S. § 13-1405;

5. A preparatory offense as prescribed in A.R.S. § 13-1001 of any of the offenses prescribed in paragraphs one, two, three or four of this subsection;

6. Any crime that requires the person to register as a sex offender; or

7. An act committed in another state or territory that if committed in this state would have been one of the offenses listed in para graphs one, two, three, or four of this subsection.

C. If the Board takes disciplinary action against a noncertificated individual, does not issue, does not renew, or revokes a certificate due to a person's conviction or admission of an offense listed in subsection (A), but which is not an offense listed in subsection (B), the notice of non-issuance, non-renewal or revocation shall inform the person of that person's right to request a hearing within 20 days of service of the notice.

D. The Board shall prohibit from employment at a public school a noncertificated individual who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit any of the criminal offenses in this state or similar offenses in another jurisdiction listed in subsection (A).

E. Upon notification by the clerk of the court, magistrate or court of competent jurisdiction, the Board shall immediately and permanently prohibit a noncertificated individual from employment at a public school if the individual has been convicted of any offense listed in subsection (B).

Ariz. Admin. Code § R7-2-1307

Adopted effective December 4, 1998 (Supp. 98-4). Amended by exempt rulemaking at 23 A.A.R. 725, effective 1/23/2017. Amended by final exempt rulemaking at 25 A.A.R. 967, effective 3/27/2019. Amended by final exempt rulemaking at 27 A.A.R. 2353, effective 9/27/2021.