Ariz. Admin. Code § R9-25-402 - EMCT Certification and Recertification Requirements (Authorized by A.R.S. Sections 36-2202(A)(2), (A)(3), (A)(4), (A)(6), and (H) and 36-2204(1), (6), and (7))
A. The
Department shall not certify an EMCT if the applicant:
1. Is currently:
a. Incarcerated for a criminal
conviction,
b. On parole for a
criminal conviction,
c. On
supervised release for a criminal conviction, or
d. On probation for a criminal
conviction;
2. Within 10
years before the date of filing an application for certification required by
this Article, has been convicted of any of the following crimes, or any
similarly defined crimes in this state or in any other state or jurisdiction,
unless the conviction has been absolutely discharged, expunged, or vacated:
a. 1st or 2nd degree murder;
b. Attempted 1st or 2nd degree
murder;
c. Sexual
assault;
d. Attempted sexual
assault;
e. Sexual abuse of a
minor;
f. Attempted sexual abuse of
a minor;
g. Sexual exploitation of
a minor;
h. Attempted sexual
exploitation of a minor;
i.
Commercial sexual exploitation of a minor;
j. Attempted commercial sexual exploitation
of a minor;
k. Molestation of a
child;
l. Attempted molestation of
a child; or
m. A dangerous crime
against children as defined in A.R.S. §
13-705;
3. Within five years before the
date of filing an application for certification required by this Article, has
been convicted of a misdemeanor involving moral turpitude or a felony in this
state or any other state or jurisdiction, other than a misdemeanor involving
moral turpitude or a felony listed in subsection (A)(2), unless the conviction
has been absolutely discharged, expunged, or vacated;
4. Within five years before the date of
filing an application for certification required by this Article, has had EMCT
certification or recertification revoked in this state or certification,
recertification, or licensure at an EMCT classification level revoked in any
other state or jurisdiction; or
5.
Knowingly provides false information in connection with an application required
by this Article.
B. The
Department shall not re-certify an EMCT, if:
1. While certified, the applicant has been
convicted of a crime listed in subsection (A)(2), or any similarly defined
crimes in this state or in any other state or jurisdiction, unless the
conviction has been absolutely discharged, expunged, or vacated; or
2. The applicant knowingly provides false
information in connection with an application required by this
Article.
C. The
Department shall make probation a condition of EMCT certification if, within
two years before the date of filing an application under
R9-25-403, an applicant has been convicted of a misdemeanor in this state or in any other
state or jurisdiction, involving:
1.
Possession, use, administration, acquisition, sale, manufacture, or
transportation of an intoxicating liquor, dangerous drug, or narcotic drug, as
defined in A.R.S. §
13-3401,
unless the conviction has been absolutely discharged, expunged, or vacated;
or
2. Driving or being in physical
control of a vehicle while under the influence of an intoxicating liquor, a
dangerous drug, or a narcotic drug, as defined in A.R.S. §
13-3401,
unless the conviction has been absolutely discharged, expunged, or
vacated.
D. Except as
provided in subsection (E), the Department shall make probation a condition of
EMCT recertification if an applicant:
1. Is
currently:
a. Incarcerated for a criminal
conviction,
b. On parole for a
criminal conviction,
c. On
supervised release for a criminal conviction, or
d. On probation for a criminal conviction;
or
2. Within five years
before the date of filing an application under
R9-25-404, has been convicted of a misdemeanor involving moral turpitude or a felony in
this state or any other state or jurisdiction, other than those listed in
subsection (A)(2), unless the conviction has been absolutely discharged,
expunged, or vacated.
E.
As specified in
R9-25-409, the Department may make probation a condition of EMCT recertification if an
applicant, within two years before the date of filing an application under
R9-25-404, has been convicted of a misdemeanor in this state or in any other
state or jurisdiction, involving:
1.
Possession, use, administration, acquisition, sale, manufacture, or
transportation of an intoxicating liquor, dangerous drug, or narcotic drug, as
defined in A.R.S. §
13-3401,
unless the conviction has been absolutely discharged, expunged, or vacated;
or
2. Driving or being in physical
control of a vehicle while under the influence of an intoxicating liquor, a
dangerous drug, or a narcotic drug, as defined in A.R.S. §
13-3401,
unless the conviction has been absolutely discharged, expunged, or
vacated.
F. If the
Department makes probation a condition of EMCT certification or
recertification, the Department shall fix the period and terms of probation
that will:
1. Protect the public health and
safety, and
2. Rehabilitate and
educate the applicant.
Notes
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