§ 7-204 Private Process Server

A. Definitions. The following definitions apply: “Accredited” means placement on a list of nationally recognized authorizing agencies the United States Secretary of Education determines to be reliable authorities as to the quality of education or training provided by the institutions of higher education, and the higher education programs they sanction. “Active” means a valid and existing certificate to practice as a certified process server. “Advisory letter” means written communication notifying a certificate holder that conduct, while not warranting discipline, may result in future disciplinary action if not modified or eliminated. An advisory letter is not a disciplinary action. “Applicant” means a person who has submitted a completed application and all required application and fingerprint processing fees. “Censure” means a written formal discipline sanction, finding a certificate holder has violated one or more provisions of the statutes, court rules, or this section. “Certificate holder” means any entity or individual granted and currently holding valid certification under statutes, court rules, and this section. “Certification” means a certificate issued by the presiding judge once an applicant meets all the requirements of a private process server, under statutes, court rules, and this section. “Clerk” means the elected clerk of the Arizona Superior Court in each county. “Complainant” means a person or organization that initially files a complaint regarding the conduct of a private process server. The complainant is not a party to the proceeding. “Community college” means an accredited educational institution providing training in the arts, sciences, and humanities beyond the twelfth grade of the public or private high school course of study or vocational education, including terminal courses of a technical and vocational nature and basic education courses. “Consent agreement” means a written statement resolving a certification or complaint matter, voluntarily signed by the applicant or certificate holder. “Director” means the administrative director of the courts, or the director’s designee. “Division” means the certification and licensing division of the Administrative Office of the Courts. “Division director” means the director of the certification and licensing division of the Administrative Office of the Courts or the division director’s designee. “Division staff” means all members of the certification and licensing division of the Administrative Office of the Courts, including the division director. “Disciplinary action” means either informal or formal proceedings against a certificate holder after a finding of probable cause that the certificate holder has committed acts of misconduct or violations of statutes, court rules, or this section. “Dismissed with prejudice” means final disposition barring future action under this section on the same issue, claim, or cause. “Dismissed without prejudice” means final disposition with the right to bring future action under this section on the same issue, claim, or cause. “Expired” means the certificate has lapsed on a specified date. “Filing” or “filed” means a document has been received and date-stamped by the clerk. “Formal statement of charges” means the document issued by the presiding judge and served on the certified process server setting forth allegations of the certified process server’s specific acts of misconduct under statutes, court rules, or this section for which the presiding judge finds probable cause to believe the certificate holder has committed misconduct and finds the complaint is not appropriate for resolution by informal discipline. “Formal disciplinary proceedings” means the process initiated with the issuance of a formal statement of charges to a certified process server that, if true, would warrant imposing formal discipline. “Formal discipline” means one or more of the following: censure of a certified process server; suspension or revocation of a process server’s certification; and probation of a certified process server with terms that may include provisions such as restrictions on the certification or additional education or training. Formal discipline may be imposed by consent agreement or other negotiation settlement or following a disciplinary hearing. “Government employee process server” means an individual who, in the normal scope of the individual’s responsibilities as a government employee, serves process for the governmental agency that employs the individual. “Inactive” means a certified private process server who voluntarily decides not to practice in the specified profession or occupation for a specified period of time. “Informal disciplinary proceedings” means the process initiated when the presiding judge finds probable cause to believe the certificate holder has committed misconduct under a statute, court, rule, or this section and finds the complaint is appropriate for resolution by informal discipline in the form of a letter of concern. “Injury” means harm to a client, customer, the public, the judicial or legal system, or the profession or occupation of private process servers resulting from a certificate holder’s misconduct. “Knowledge” is the conscious awareness of the nature or attendant circumstances of the conduct, but without the conscious objective or purpose to accomplish a particular result. “Letter of concern” means a written, informal disciplinary sanction finding a certificate holder has violated one or more statutes, court rules, or this section. “Minimum competencies” means having the required skills for an adequate level of performance. “Presiding judge” means the presiding judge of the Arizona Superior Court in each county or the presiding judge’s designee. “Probable cause” means reasonable grounds for belief in the existence of facts concerning alleged acts of misconduct or violations by a certificate holder that, if true, would warrant informal or formal discipline against the certificate holder. “Probation” means a written formal discipline sanction finding a certificate holder has violated statutes, court rules, or this section, but allowing the certificate holder to practice as a process server under specified conditions for a set period of time. “Private process server” means an individual who is an officer of the court certified under this section to serve all process authorized under A.R.S. § 12-3301 except as may be limited by supreme court rule:

1. All writs, orders, pleadings, or papers that are required or permitted by law to be served before, during, or independently of a court action; and

2. Including process required or permitted to be served by a sheriff or constable under A.R.S. §§ 11-441(A)(6) and (7), -447, and -448, except writs or orders requiring the service officer to sell, deliver, or take into the officer’s custody persons or property. “Professional regulatory entity” means a government or private unit associated with and having authority over a group of qualified and practiced individuals in a profession or occupation. “Revoked” or “revocation” means a written, formal disciplinary sanction against a process server resulting in the process server’s certificate to serve process being of no further effect without reinstatement. “Sanction” means an explicit and official action resulting from an informal or formal disciplinary action finding a certificate holder has violated or failed to comply with one or more of the statutes, court rules, or court orders applicable to a process server or this section. “Section” means the referenced provision of Arizona Code of Judicial Administration § 7-204. “Suspended” or “suspension” means a written, formal disciplinary sanction against a process server resulting in the process server’s certificate having no effect for a specific period of time after which the certificate’s effect is restored automatically. “Valid” means currently in effect and not expired, surrendered, suspended, or revoked. “Voluntary surrender” means a certificate holder deciding to discontinue practicing as a process server and returning the certificate to the presiding judge for review and acceptance under subsection (E).

B. Applicability. This section applies to the certification of process servers under A.R.S. § 12- 3301 and the Arizona Rules of Civil Procedure. This section applies to the application, certification, and discipline of all private process servers in the State of Arizona. This section exclusively governs private process server certification without regard to Arizona Code of Judicial Administration § 7-201.

C. Purpose. To become eligible to act as a private process server in Arizona, an individual must obtain certification in compliance with A.R.S. § 12-3301and this section. Under 4(e), Arizona Rules of Civil Procedure, a certified “private process server” is “entitled to serve in that capacity for any state court within Arizona.”

D. Administration.

1. Role and Responsibilities of the Supreme Court. Under A.R.S. § 12-3301 and Rule 4(e), Arizona Rules of Civil Procedure, the supreme court is responsible for administration of the private process server program and must adopt rules for administration of the program.

2. Role and Responsibilities of the Director. The director as designated by article 6, section 7 of the Arizona Constitution must:

a. Approve or disapprove matters of administration of the Private Process Server Program that involve the expenditure of program funds;

b. Appoint and supervise all division staff;

c. Adopt policies and procedures, including forms, for administration of the Private Process Server Program; and

d. Ensure implementation of the applicable laws, court rules, and this section.

3. Role and Responsibilities of Division Staff.

a. As designated or delegated by the director, division staff:

(1) Must assist in the decentralized administration of the Private Process Server Program in each county in Arizona in compliance with the applicable statutes, court rules, administrative orders, and this section.

(2) May perform any other of the director’s duties and responsibilities.

b. In assisting in administrating the Private Process Server Program, the division staff must:

(1) Perform tasks of administration of the Private Process Server Program to assist in the decentralized administration of the program in each county in Arizona;

(2) Provide updates to the clerks;

(3) Make recommendations on matters relating to certification, complaints, investigations, and other matters relevant to certified private process servers;

(4) Maintain a list of certified process servers and post this list on the judicial department website which must include each certificate holder’s name, certificate number, county of certification, and any disciplinary action imposed;

(5) Update the list if certified process servers at least quarterly;

(6) Refer any complaint received regarding the actions of a certified process server to the clerk of the county where the alleged violation took place as provided in subsection (H).

c. Division staff may:

(1) Charge for the costs of providing copies of the certification list or any other public records of the program; and

(2) Refer complaints to another state agency or entity with jurisdiction if the supreme court or superior court does not have jurisdiction over the complaint.

4. Role and Responsibilities of the Clerks of the Superior Court.

a. Each clerk must:

(1) Distribute application materials, using the application forms provided by the director, and accept applications and fee payments for initial and renewal of certifications;

(2) Administer and grade the examination for initial certification, except when online exam administration and remote proctoring is provided through the division;

(3) Process the application materials, including fee payments and fingerprints, and forward the application materials to the presiding judge, except for online exam administration and remote proctoring fees under (F)(6)(a);

(4) Issue initial and renewal certificates to qualified individuals on approval of the presiding judge;

(5) Issue an identification card to individuals granted certification by the presiding judge;

(6) Maintain records of applicants for certification and certified process servers, including:

(a) A current register of all private process servers whose application was filed with that clerk and approved by the presiding judge of that county under Rule 4(e), Arizona Rules of Civil Procedure, and in a format prescribed by the director;

(b) Records of applications filed and certificates issued or denied;

(c) Contact information for certified process servers, including addresses, phone numbers, and any changes to contact information;

(d) Renewal applications and renewal certificates granted or denied;

(e) Complaints, investigations, and final decisions regarding complaints;

(7) Provide process server records maintained by the clerk to the clerk in another county, a presiding judge, or a presiding judge’s designee as necessary to process a complaint or discipline under subsection (H); and

(8) Provide the following information to division staff:

(a) At least quarterly, a report on all additions, deletions, and revisions to the certification list, including certificates issued, certificates denied, and changes of address;

(b) At least quarterly, a report listing all complaints, investigations pending completion, informal and formal disciplinary proceedings, and final disciplinary decisions. If a final disciplinary decision results in suspension or revocation of a private process server’s certificate, the clerk must provide the information to division staff within 5 days of the final order; and

(c) An annual report naming the staff assigned responsibility for administering the private process server program in that county along with a current address, phone number, and e-mail address of each assigned staff member.

b. The clerk may:

(1) Assign any duties and responsibilities to assigned staff;

(2) Coordinate with clerks in other counties for the provisions of services under this section, including processing identification cards and the administration of the examination for initial certification; and

(3) Coordinate with the division for online exam administration and remote proctoring.

5. Role and Responsibilities of the Presiding Judges of the Superior Court. The presiding judge in the county of residence of an applicant for private process server certification:

a. Must:

(1) Review all application materials, including criminal history information, and make all final decisions regarding the granting or denial of applications for initial and renewal of certification;

(2) Make all final decisions regarding any other certification issues, including whether to grant or deny an applicant’s request for reexamination under subsection (E)(3)(e)(4); and

(3) Receive, investigate, initiate, and adjudicate complaints under subsection (H).

b. May vest in another judicial officer the authority to exercise or discharge any power, duty, or function originally vested in the presiding judge under the Private Process Server Program, whether ministerial or discretionary. The designated judicial offer must exercise these powers while acting in the presiding judge’s name and by delegated authority.

E. Initial Certification.

1. Exemptions from Certification. The following persons are exempt from the certification requirements:

a. Any person specially appointed by the court under Rule 4(d), Arizona Rules of Civil Procedure;

b. Any party to an action or that party’s attorney serving process under Rule 4(d), Arizona Rules of Civil Procedure; and

c. Any person serving a subpoena under Rule 45, Arizona Rules of Civil Procedure.

2. Application for Initial Certification.

a. Eligibility for Initial Certification. The applicant must:

(1) Be at least 21 years of age;

(2) Be a citizen or legal resident of the United States; and

(3) Possess a high school diploma or a general equivalency diploma evidencing the passing of the general education development test.

b. Government Employee Process Servers.

(1) An individual who serves process entirely within the scope of the individual’s responsibility as a government employee must be eligible for certification under subsection (E)(2)(a), apply for certification, pass the examination, submit a completed fingerprint card, and pay only the fingerprint fee.

(2) A government employee process server may carry any employer-issued identification that accurately identifies the employee as a government employee process server in addition to the identification card issued by the clerk under subsection (E)(4)(b).

(3) Government employee process servers who serve process in any capacity outside the scope of their government employment must follow all policies and pay all fees applicable to private process servers when serving process outside the scope of their government employment.

c. Requirements for Initial Certification. An applicant must:

(1) File a completed application for certification in the prescribed format with the clerk in the applicant’s county of residence. A non-Arizona resident may apply for certification in any county. Under A.R.S. § 41-1080, the applicant must submit documentation of U.S. citizenship or alien status with the application.

(2) Pass the subsection (E)(3) examination for initial certification;

(3) Submit a full set of fingerprints with the fee prescribed in A.R.S. § 41-1750 to the department of public safety for the purpose of obtaining a state and federal criminal records check under A.R.S. § 41-1750 and Public Law 92-544. If definitive fingerprints are not obtainable, the clerk must require the applicant to make a written statement, under oath, that the applicant has no prior arrests, charges, indictments, or felony or misdemeanor convictions other than as disclosed on the application. If the applicant is unable to provide this statement, the clerk must refuse to accept the application.

(4) Provide additional background information as requested by the presiding judge, clerk, or their designees;

(5) Pay all fees authorized by law to the clerk under A.R.S. § 12-284(A) or to the division under (F)(6)(a); and

(6) Together with the application, provide a full-face image of the applicant in a format established by the clerk. An application submitted without a full-face image of the applicant is deficient and will not be accepted.

3. Examination.

a. Initial Certification State Examination. All applicants must pass the initial certification examination on Arizona court rules, statutes, and this section governing certified private process servers.

b. The director must provide multiple versions of the initial certification examination to the division for online exam administration or to the clerk who may not use any other examinations. The examination questions and answer sheet are confidential records exempt from disclosure under Rule 123, Arizona Supreme Court.

c. The director must establish the passing score on the initial certification state examination.

d. The clerk must determine whether an applicant has achieved a passing score on the examination and then communicate whether the applicant passed or failed to the applicant in writing not more than 10 business days after the applicant took the examination:

(1) The applicant will not receive the examination score.

(2) If the applicant fails the examination, the clerk must provide the applicant with information on the procedures for reexamination.

(3) An applicant may, on written request, review the applicant’s answer sheets and grades under the terms and conditions prescribed by the director and:

(a) The applicant must not copy materials provided for the applicant’s review.

(b) The applicant must conduct the review during business hours in the presence of the clerk.

e. Reexamination.

(1) Any applicant who fails to pass the initial certification examination on the first attempt may retake the examination one time under the following conditions:

(a) The applicant is not otherwise disqualified;

(b) The applicant must take the reexamination within 90 days of the application filing date;

(c) The applicant must take a different version of the initial state certification examination than the one administered to applicant in the initial examination; (d) if the reexamination is administered online with remote proctoring, the applicant must pay the fee provided in (F)(6)(a) to the division.

(2) If the applicant fails the reexamination, the applicant may request approval from the presiding judge to take a third examination as follows:

(a) The applicant must submit a written request to the presiding judge for the opportunity to reapply and sit for the initial certification examination for a third time.

(b) The applicant must wait 90 days from the date of the failed reexamination to request this approval from the presiding judge.

(c) The applicant’s request must be accompanied by proof of attendance and satisfactory completion of a course of study specific to the private process server profession together with a statement from the applicant of the reasons the applicant now possesses sufficient knowledge to pass the examination.

(d) If the presiding judge grants approval for the applicant to take the examination for a third time, the applicant must begin the application process anew, including the payment of fees.

(e) A presiding judge’s denial of an applicant’s request to sit for a third examination must be in writing, is final without any right to a hearing or appeal. The applicant must wait at least 12 months from the presiding judge’s denial before filing a new application.

f. An applicant is disqualified from taking any future examination if the presiding judge, based on information provided to the presiding judge by the clerk, determines the applicant engaged in fraud, dishonesty, or corruption while taking any examination.

4. Certification.

a. Decision Granting Certification.

(1) On receipt of the state and national criminal history records checks, under A.R.S. §§ 41-1750 and -1758, and applicable federal laws, the presiding judge must consider the criminal history information together with the full application and either:

(a) Require additional background information reasonably necessary to determine if the applicant meets the qualifications specified in this section.

(b) Grant or deny certification.

(2) If there is a delay in the processing of the criminal history check that is beyond the control of the applicant or the court, the presiding judge may grant provisional certification to an applicant pending receipt of the national criminal history record check.

b. Order. If satisfied that an applicant meets the qualifications for certification, the presiding judge will issue an order that the clerk must promptly:

(1) Issue an identification card to the applicant;

(2) Register the applicant as a certified private process server approved by the presiding judge of that county in the register maintained by the clerk for this purpose.

c. Certification Status.

(1) A certification issued under this section, that is not a provisional certification, is valid until expired, surrendered, suspended, or revoked. The clerk must record a change in certification status in the clerk’s register of process servers.

(2) Although an applicant goes through the certification process in the county of the applicant’s residence, a certified process server is entitled to serve process for any state court in Arizona.

(3) The presiding judge may transfer the certification of a process server to another county if appropriate, including if the process server’s residence changes to a different county. A process server’s county of residence is determined under A.R.S. § 16-101(B).

5. Denial of Initial Certification.

a. The presiding judge must deny certification if the applicant is not eligible for certification at the time of application under subsection (E)(2)(a) or has not satisfied the subsection (E)(2)(c) requirements for initial certification after being given 30 days to correct any deficiencies.

b. The presiding judge may deny certification if an applicant:

(1) Has engaged in material misrepresentation, omission, fraud, or dishonesty, in the application or in connection with any other requirements of subsection (E)(2)(c), including the examination or engaged in any corrupt activities in an attempt to obtain certification;

(2) Has a record of committing any act constituting material misrepresentation, omission, dishonesty, corruption, or fraud in business or financial matters;

(3) Has a record of conduct demonstrating incompetence or serving as a source of injury or loss to any member of the public;

(4) Has a record of conviction by final judgment of a misdemeanor or felony, regardless of whether civil rights have been restored, for conduct having a reasonable relationship to the practice of the private process server profession or occupation. Under A.R.S. § 13-904(E), if the applicant’s civil rights have been restored and the conduct forming the basis for the conviction has no reasonable relationship to the practice of the private process server profession or occupation, the presiding judge may not deny certification solely based on the record of such conviction;

(5) Has a record of denial, revocation, or suspension of, or any disciplinary action in connection with, any professional or occupational license or certificate by any federal, state, or local entity. The judge must consider whether the underlying conduct is relevant to certification as a private process server;

(6) Has a record of termination, suspension, probation, or any other disciplinary action in connection with current or past employment if the underlying conduct is relevant to certification as a private process server;

(7) Has been found civilly liable by final judgment in an action involving fraud, misrepresentation, material omission, misappropriation, theft, or conversion;

(8) Is currently on probation or parole or named in an outstanding arrest warrant;

(9) Has violated Arizona law, Arizona Rules of Court, this section, or any court order relating to conduct as a private process server;

(10) Has violated any decision, order, or rule issued by a professional regulatory entity;

(11) The applicant has violated any order of a court, administrative tribunal, or officer serving in a judicial capacity;

(12) Has made a false or misleading statement or verification in support of an application for licensing or certification filed by another person;

(13) Has made a false or misleading oral or written statement to any court, judicial officer, court staff, judicial staff, or division staff;

(14) Failed to disclose information or provided false information on the application for certification; or

(15) Failed to respond or furnish information to the presiding judge, clerk, or judicial staff when the information is requested and is within the applicant’s control or is reasonably available to the applicant.

c. The presiding judge must consider the following criteria when reviewing the application for certification of an applicant with a misdemeanor or felony conviction, under subsection (E)(5)(b)(4):

(1) The applicant’s age at the time of the conviction;

(2) The applicant’s experience and general level of sophistication at the time of the relevant conduct and conviction;

(3) The degree of any violence, injury, or property damage and the cumulative effect of the conduct;

(4) The applicant’s level of disregard of ethical or professional obligations involved in the conduct;

(5) The reliability of the information regarding the conduct;

(6) If the offenses for which the applicant was convicted involved fraud, deceit, or dishonesty on the part of the applicant resulting in harm to others;

(7) The recency of any conviction;

(8) Any evidence of rehabilitation or positive social contributions since the conviction occurred as offered by the applicant;

(9) The relationship of the conviction to the purpose of certification;

(10) The relationship of the conviction to the duties of a private process server;

(11) The applicant’s candor during the application process;

(12) The significance of any omissions or misrepresentation by the applicant during the application process, and

(13) The applicant’s overall qualifications for certification apart from the conviction.

d. The presiding judge must promptly provide written notification of denial to all applicants denied certification together with the reasons for the denial and notice of the applicant’s right to a hearing.

e. An applicant is entitled to a hearing on the decision to deny certification by submitting a written request to the clerk no later than 15 days after receiving the notice of denial. The applicant is the moving party at the hearing and has the burden of proof.

f. Computation of Time. For the purposes of this section, the computation of days is calculated under Rule 6(a), Rules of Civil Procedure.

F. Role and Responsibilities of Certificate Holders.

1. Code of Conduct. Each certified process server must adhere to the code of conduct in subsection (J).

2. Conflict of Interest. A private process server must not be a party, an attorney, or an employee of an attorney in the action in which process is to be served.

3. Identification Cards.

a. The only form of identification a certified private process server, other than a government employee process server under subsection (E)(2)(b), may use when serving process is the identification card issued by the clerk under subsection (E)(4)(b)(1). A certified process server must carry the identification card at all times when serving process and promptly display it when requested by an interested party.

b. A certified private process server must report a lost or stolen identification card to the issuing clerk within 3 days of discovering the loss. The clerk must issue a replacement for a reported lost or stolen identification card on payment of any applicable fee.

c. If a certification is no longer valid due to suspension, revocation, voluntary surrender, or expiration, the presiding judge must give written notice to the certificate holder and the clerk of that fact. The certificate holder must surrender the issued identification card to the clerk within 3 days of receiving notice from the presiding judge. The clerk must record the change in the list of certified private process servers maintained under subsection (E)(4)(b)(2) and must notify division staff.

4. Change of Name or Address. A certificate holder must notify the clerk in the county of certification of any change in legal name, business address, mailing address, home address, email address, or phone number within 30 days of the change.

5. Assumed Name. A certificate holder must not transact business in this state as a private process server under an assumed name or under any designation, name, or style, corporate or otherwise, other than the legal name of the individual.

6. Fees.

a. Applicant fees. All applicant fees for certification, examination, and renewal of certification are paid to the clerk in advance, except that a fee for online exam administration and remote proctoring, set by the Administrative Director is paid directly to the division in advance whenever the exam will be administered by this method. All applicant fees are non-refundable.

b. Process server fees. A private process server may charge fees for services as agreed between the process server and the party engaging the process server under A.R.S. § 12-3301(C).

7. Continuing Education. Certified private process servers must complete 10 hours of continuing education every 12 months and must submit documentation of completed continuing education in a format approved by the director when submitting application for renewal of certification. Certified private process servers must complete continuing education classes that are relevant to the work of a process server, under subsection (L).

8. Employment Status of Private Process Servers.

a. Certified private process servers are not employees of the court, are not appointed by the court, and may not, in any way, represent themselves as such.

b. Private process servers may not, in any way, represent themselves as “peace officers” unless they are peace officers under Arizona or federal law. Approval as a certified private process server does not, in itself, confer peace officer status on the holder.

G. Renewal of Certification.

1. Expiration Date. All certificates, whether initial or renewed, expire at midnight, 3 years after date of issuance.

a. If a private process server has filed a timely and complete application for renewal of certification, the existing certification does not expire until the administrative process for review of the renewal application has been completed.

b. If the presiding judge grants renewal of a certification, the effective date of the renewal is 12:01 a.m. of the first day following expiration of the existing certification regardless of any expiration date extensions under this section.

c. The presiding judge may request an informal interview with an applicant for renewal to determine if any additional information or explanation is required to supplement the renewal application to enable a determination of whether the applicant continues to meet the qualifications for certification.

d. If the presiding judge denies the renewal application, the existing certification does not expire until the last day provided in subsection (H) to request a hearing on the decision to deny or, if a hearing is requested, until the final decision is made by the presiding judge.

e. The certificate of a private process server who does not timely submit a complete renewal application and renewal fee expires as provided in subsection (G)(1).

(1) If the former certificate holder files an initial application within 12 months after expiration of the certificate, the presiding judge must consider:

(a) The length of time since expiration of the certificate;

(b) The stated reasons for not timely renewing the certificate; and

(c) The applicant’s compliance with all other provisions of this section, including the completion of continuing education credits.

(2) The presiding judge may require the applicant to submit additional information; complete additional continuing education; or satisfy other conditions the presiding judge deems appropriate, except that the applicant must not be allowed to retake the initial certification examination as an alternative to completing continuing education credits.

f. The expiration of a certificate does not affect the presiding judge’s authority to take disciplinary action, including suspension or revocation, if a complaint or investigation is pending on or before the expiration date.

2. Voluntary Surrender. A certificate holder in good standing may voluntarily surrender a certificate. A surrender is not valid until accepted by the presiding judge.

a. In determining whether to accept a surrender, the presiding judge may require additional information about whether the certificate holder has violated any provision of the statutes, court rules, or this section.

b. The acceptance of a surrendered certificate does not prevent the commencement of subsequent discipline proceedings for any conduct occurring before the surrender.

c. If the presiding judge accepts the voluntary surrender, the clerk must update the list of private process servers to reflect the change in status as a “surrendered certificate holder in good standing” And must notify division staff.

d. Within 10 days after accepting the surrender, the presiding judge must notify the certificate holder of the acceptance. The clerk must update the list of certified private process servers to reflect this change in status and must notify division staff.

e. The presiding judge must not accept the surrender if a complaint is pending against the certificate holder. This does not preclude the presiding judge from entering into a consent agreement to resolve the pending complaint under terms that include the voluntary surrender of the certificate.

f. Within 120 days of a voluntary surrender, the presiding judge must, either accept the surrender or institute disciplinary proceedings under subsection (H). If the presiding judge accepts surrender and subsequently initiates disciplinary proceedings resulting in a sanction under subsection (G)(2)(b), the clerk must change the list of private process servers to reflect the status from “surrendered certificate holder in good standing” to that of a certificate holder disciplined in that manner.

3. Application. A certified private process server whose certificate is in good standing may apply for renewal by filing a completed certification application with the clerk of the county of the applicant’s certification under (E)(2)(c)(1), paying the fee required under (E)(2)(c)(5), and submitting documentation of compliance with the continuing education requirement for the 3-year certification period under (L).

4. Additional Information. Before granting renewal of certification, the presiding judge may require additional information reasonably necessary to determine if the applicant continues to meet the qualifications specified in this section. This may include fingerprinting, reexamination, background information, and an updated full-face image of the applicant under (E)(2)(c)(6).

5. Decision Regarding Renewal.

a. If the presiding judge is satisfied that the applicant continues to meet all qualifications for certification, the presiding judge must renew the applicant’s certification. The presiding judge must promptly provide the applicant with written notice of the renewal.

b. The presiding judge may refuse to renew the certification of an applicant for any of the reasons specified in (E)(5). The presiding judge must promptly provide the applicant with written notice of the denial, the reasons for the denial, and the applicant’s right to a hearing.

c. An applicant is entitled to a hearing on the decision to deny renewal of certification by submitting a written request to the clerk no later than 15 days after receiving the notice of denial. The applicant is the moving party at the hearing and has the burden of proof.

6. Reinstatement after Suspension, Revocation, or Expiration of Certification.

a. A private process server whose certificate has been suspended or revoked by a final order of the presiding judge, has expired, or has been voluntarily surrendered in good standing, may apply for reinstatement as follows:

(1) An applicant for reinstatement must file a written application with the clerk, accompanied by the fee required fee under (E)(2)(c)(5), and with the following documents:

(a) A reinstatement form together with a copy of the applicable final order of suspension or revocation, date of voluntary surrender acceptance, or date of expiration;

(b) A detailed description of the applicant’s occupation and sources of income or earnings during the period between the end of the prior certification and the submission of the application for reinstatement;

(c) A statement describing the nature and status every civil or criminal action in which the applicant was either a plaintiff or defendant pending at any time during the period between the applicant’s most recent application for initial or renewal certification and the submission of the application for reinstatement;

(d) A list of all residence and business addresses used by the applicant during the period between the applicant’s most recent application for initial or renewal certification and the submission of the application for reinstatement;

(e) A concise statement of facts demonstrating how the applicant has maintained the minimum competencies and knowledge necessary for process servers during the period between the last date of the applicant’s most recent certification and the submission of the application for reinstatement; and

(f) The applicant’s statement of facts demonstrating the applicant’s rehabilitation and supporting their reinstatement and recertification as a certified process server.

(2) A certificate holder whose certification has been revoked is not eligible for reinstatement for 1 year from the final order of revocation.

(3) The presiding judge may require the applicant to provide additional information demonstrating that the applicant meets the minimum competencies necessary for process servers.

(4) The presiding judge may require the applicant sit for and pass the initial certification examination to establish that the applicant meets the minimum competencies necessary for process servers.

(5) The applicant has the burden of proof to demonstrate, by clear and convincing evidence, the applicant’s rehabilitation, compliance with all disciplinary orders and rules and that the applicant meets the minimum competencies necessary for process servers.

(6) An applicant who has timely provided the presiding judge with all requested information but is denied reinstatement by the presiding judge has the right to a hearing.

b. The presiding judge must not reinstate any certification that has been suspended until the individual seeking reinstatement of a suspended certificate has demonstrated that all requirements of the suspension order have been satisfied.

c. The presiding judge must not reinstate any certification that has been revoked until:

(1) One year has elapsed since the date of the presiding judge’s final order of revocation; and

(2) The individual seeking reinstatement of any revoked certification has demonstrated satisfaction of all requirements of the order of revocation.

H. Complaints, Investigation, Hearings, and Disciplinary Action.

1. Complaints. Filing and General Provisions.

a. Filing of Complaint. All judicial officers, clerks of court, court employees, and certificate holders must, and any individual may, notify the presiding judge in writing if it appears that a certificate holder has violated applicable statutes, court rules, or this section. The complainant must include sufficient facts to permit further investigation and the name, telephone number, and address of the complainant. The complainant must submit the complaint to the clerk in the county where the alleged violation by the certified process server occurred. The clerk must obtain records from the clerk of the county in which the process server is certified, as provided in (D)(4)(a)(7) and forward those records and the complaint to the presiding judge of the county where the violation occurred.

b. Complaints Initiated by the Presiding Judge. If necessary to protect and serve the best interest of the public, the presiding judge may direct court staff to investigate allegations of misconduct or violations of statutes, court rules, or this section that could form the basis of a complaint.

c. Anonymous Complaints. The presiding judge must not accept anonymous complaints. But a complaint may be accepted even if the complainant asks that their identity not be disclosed to the certificate holder.

d. Standing of Complainant. A complainant does not have standing and is not a party to any proceedings concerning the complaint. If requested by the complainant and approved by the presiding judge, the complainant may receive notice of any public proceeding or any consent agreement concerning the complaint.

e. Non-abatement. The complainant’s unwillingness or failure to cooperate with judicial officers, judicial or division staff, or staff of the clerk of the court; withdrawal of the complaint or a specific allegation in the complaint; settlement or compromise between the complainant and the certificate holder; or restitution by the certificate holder does not abate the processing of any complaint or disciplinary proceeding.

f. Confidentiality. Information or documents obtained or generated by the presiding judge, clerk, director, division staff, or court employees during an investigation, or received in an initial report of misconduct, are confidential except as provided in Rule 123, Rules of the Supreme Court, or this section.

(1) Confidential information or documents may be disclosed during the course of an investigation:

(a) To judicial officers, court staff, the attorney general, county attorney, law enforcement, and other regulatory officials; or

(b) If the presiding judge makes a finding the disclosure is in the best interest of the public and the interest is not outweighed by any other interest or is not contrary to law.

(2) If the presiding judge determines there is probable cause for belief in the existence of facts warranting formal disciplinary proceedings, all information and documents are open for public inspection unless made confidential by law or Rule 123, Rules of the Supreme Court.

(3) If the presiding judge determines further investigation is necessary, all information or documents must remain confidential until probable cause is determined.

(4) The address and phone number of the complainant must remain confidential.

2. Grounds for Discipline. A certificate holder is subject to disciplinary action if the certificate holder has:

a. Failed to perform any duty or discharge any obligation in the course of the certificate holder’s responsibilities as required by law, court rules, or this section;

b. Failed to cooperate or supply information to the presiding judge, clerk of the court, judicial staff, or division staff by the specific time stated in any request;

c. Aided or assisted another person in providing services requiring certification if the other person does not hold the required certification;

d. Been convicted by final judgment of a criminal offense relevant to certification;

e. Failed to provide information regarding a criminal conviction;

f. Exhibited gross negligence;

g. Exhibited incompetence in the performance of duties;

h. Evaded service of a subpoena or notice of the presiding judge;

i. Engaged in any conduct that could have been grounds for denial of initial renewed certification.

j. Engaged in unprofessional conduct, including:

(1) Assisting an applicant or certificate holder in the use of deception, dishonesty, or fraud to secure an initial certificate or renewal of certification;

(2) Failing to comply with any court or regulatory agency order to the certificate holder or private process servers generally;

(3) Failing to comply with any federal, state, or local law or rule governing the practice of process servers;

(4) Failing to comply with terms of a consent agreement or any restriction imposed on a certificate;

(5) Failing to retain client or customer records for a period of 3 years unless a different retention period is provided by law, rule, or regulation;

(6) Failing to practice competently as evidenced by unsafe or unacceptable practices, including unacceptable client or customer care practices, on one or more occasions;

(7) During the performance of any responsibility or duty of a process server to use the degree of care, skill, and proficiency commonly exercised by the ordinary skillful, careful, and prudent certified process server engaged in the same or similar activity under the same or similar conditions, regardless of any level of harm or injury to the client or customer;

(8) Failing to conform to the accepted standards and prevailing practices of process servers;

(9) Using advertising intended to or having a tendency to deceive the public;

(10) Using a court certification to deceive the public about the process server’s level of skills or abilities;

(11) Having willfully made or filed false reports or records;

(12) Failing to file required reports, records, or pleadings;

(13) Performing the responsibilities or duties of a process server when medically or psychologically unfit to do so;

(14) Engaging in habitual substance abuse;

(15) Engaging in undue influence over a client or customer to the benefit, financial or otherwise, of the certificate holder or a third party; or

(16) Violating a confidentiality requirement of any statute, court rule, or this section.

3. Initial Screening. The presiding judge must evaluate the complaint to determine if investigation is warranted. If the complaint alleges conduct outside the jurisdiction of the Private Process Server Program, the presiding judge must dismiss the complaint may refer the complaint to the appropriate jurisdiction.

4. Preliminary Investigation. If an investigation is warranted, the presiding judge must appoint anyone qualified to serve as a hearing officer under (H)(10) to conduct a prompt, discreet, and confidential investigation of the complaint. For purposes of conducting investigations, the appointed investigator may subpoena witnesses or documentary evidence, administer oaths, and examine under oath any individual concerning the subject of the complaint. Subpoenas must be issued, served, and enforced in compliance with the Arizona Rules of Civil Procedure. An employee of the court or any other person as designated by the Arizona Rules of Civil Procedure may serve subpoenas.

5. Response from Certificate Holder. If an investigation is warranted, the presiding judge must cause the complaint to be sent to the certificate holder and must direct the certificate holder to provide a written response by a specified date. The presiding judge may not proceed with disciplinary action under this section without first providing this notice and the opportunity to respond.

6. Review of Complaint and Investigation. On completion of an investigation, the presiding judge must determine whether there is probable cause concerning alleged acts of misconduct or violations and:

a. If the presiding judge does not find probable cause, the judge must dismiss the complaint;

b. If the presiding judge does not find probable cause and dismisses the complaint but finds the certificate holder’s actions need correction, the judge may issue an advisory letter to the certificate holder;

c. May order further investigation conducted in the same manner as preliminary investigations;

d. May determine that the complaint is appropriate for resolution without formal disciplinary proceedings; or

e. If the presiding judge finds probable cause warranting formal disciplinary proceedings, the judge must prepare a formal statement of charges.

7. Emergency Suspension. The presiding judge may order emergency suspension of a certificate pending formal disciplinary proceedings on a finding that the public health, safety or welfare requires emergency action and the judge incorporates a finding to that effect in the order of emergency suspension. The presiding judge must institute formal disciplinary proceedings within 30 days of the issuance of the emergency suspension order. The clerk must immediately provide written notification to all presiding judges, other clerks, and division staff of any emergency suspension of a certificate. On receipt of the notice of emergency suspension, division staff must immediately update the website list of private process servers to reflect the emergency suspension of the certificate.

8. Formal Disciplinary Proceedings.

a. Commencement. The presiding judge commences formal proceedings with a formal statement of charges as provided in (H)(6)(d). On commencement of formal proceedings, the presiding judge must appoint a hearing officer under (H)(10).

b. Notice to Certificate Holder. The hearing officer must cause the formal statement of charges to be served on the certificate holder together with the notice of hearing under (H)(12).

9. Request for Hearing. All requests for hearing must specify:

a. The provision under this section that entitles the individual to a hearing;

b. The factual basis supporting the request for hearing, and

c. The relief demanded.

10. Appointment of Hearing Officer. The presiding judge may appoint a hearing officer to conduct a hearing when required under this section or on written demand by a person entitled to a hearing under this section. A hearing officer appointed by the presiding judge to investigate the matter resulting in a statement of charges may not be appointed to conduct the hearing. For purposes of this section, the term “hearing officer” means the presiding judge, an administrative hearing officer, or other judicial officer designated by the presiding judge.

11. Timeline for Hearing. If a certificate holder requests a hearing, the hearing officer must hold the hearing within 45 days of receiving the request unless postponed by mutual consent for good cause. If the request is from the presiding judge, the hearing officer must hold the hearing as soon as practicable as determined by the hearing officer.

12. Notice of Hearing. The hearing officer must prepare and give the parties written notice of the hearing at least 20 business days before the hearing date by a method documenting the date of delivery. The notice must include:

a. A statement of the time, place, and nature of the hearing;

b. A statement of the legal authority and jurisdiction for conduct of the hearing;

c. A reference to the particular sections of the statutes, this section, and any policies involved;

d. A short and plain statement of the allegations or factual bases supporting the relief requested. Amendments to the statement are permissible; and

e. If the hearing date has not been set, a statement indicating that the certificate holder will be afforded a hearing on a written request submitted within 10 days of receiving the notice.

f. Personal service; service by certified mail, return receipt requested; or by any method that provides tracking and date of delivery sent to the last business address of record with the clerk of the superior court will accomplish service of the notice. The hearing officer must record the date on which service was received in the docket for the matter.

g. If a party is represented by an attorney, the attorney must receive a copy of the notice served on the certificate holder.

13. Answers and Motions. The certificate holder must file an answer to the statement of charges within 10 business days after receiving service unless otherwise ordered by the hearing officer. Answers must comply with Rule 8, Arizona Rules of Civil Procedure. If the certificate holder fails to file an answer within the time provided, the certificate holder is in default and the statement of charges may be deemed admitted, in whole or in part, by the hearing officer. Defenses not asserted in the answer may be deemed waived by the hearing officer.

a. Parties must file all motions at least 5 business days prior to the scheduled hearing date unless otherwise ordered by the hearing officer.

b. Parties must file responses to motions no later than 48 hours before the time set for the hearing. Replies are not permitted.

c. Copies of all answer, motions, and responses must be hand-delivered or e-mailed to the hearing officer and all other parties immediately upon filing.

d. The date and manner of service must be noted on the last page of the original of the document being served.

14. Discovery.

a. No discovery is permitted, except as provided in this code section, unless agreed to by the parties or granted by the hearing officer. The parties may not agree to discovery that would require a change in the hearing date unless approved by the hearing officer.

b. On the written request of a party, the hearing officer may order a party to allow the requesting party to have a reasonable opportunity before the hearing to inspect and copy, at the requesting party’s expense, admissible documentary evidence or non- privileged documents reasonably calculated to lead to admissible evidence.

c. The hearing officer may require the parties, prior to the hearing, to disclose to each other before the hearing any non-privileged, documentary evidence intended for use at the hearing.

d. Depositions are permitted only with approval of the hearing officer.

(1) Parties may depose witnesses who cannot be subpoenaed or are otherwise unable to attend the hearing and introduce their deposition in lieu of live testimony.

(2) Parties may take depositions for purposes of obtaining discovery. If approved by the hearing officer, the party must serve a deposition subpoena on the witness commanding the witness to appear at a deposition no sooner than 5 days after service of the subpoena unless the time is shortened by the hearing officer; stating the date, time, and location of the deposition; and listing any documents to be produced at the deposition. A copy of the hearing officer’s order allowing the deposition must be attached to the subpoena.

(3) Before taking a deposition, a party must file a written motion stating the name and address of any witness the party seeks to depose, the substance of the witness’s expected testimony, any documents the party intends to use in the deposition, the time and place proposed for the deposition, and the reason the party believes it necessary for the witness to testify by deposition or the reason the party requires this form of discovery.

e. Parties must file responses to motions for depositions and motions to quash subpoenas to witnesses within five days after the filing of the motion for deposition or the service of the subpoena.

15. Prehearing Conference. The hearing officer may order a prehearing conference at the request of any party or on the hearing officer’s own initiative for any of the following purposes:

a. To reduce or simplify the issues for adjudication;

b. To dispose of preliminary legal issues, including ruling on pre-hearing motions;

c. To stipulate to the admission of uncontested evidence, facts, and legal conclusions;

d. To finalize the list of witnesses who will be called to testify; and

e. To consider any other matters that will streamline the conduct of the hearing without prejudicing any party.

16. Procedure at Hearings.

a. Powers of Hearing Officers. A hearing officer must preside over the hearing. For purposes of hearings or other proceedings under this section, the hearing officer may administer oaths; examine under oath any individual concerning the subject of any hearing or proceeding; determine the order of proof and manner of presentation of evidence; recess, continue, or adjourn the hearing; and prescribe and enforce general rules of conduct and decorum. Informal disposition may be made of any case by stipulation, agreed settlement, consent order, or default.

b. Rights of Parties

(1) A party is entitled to enter an appearance, introduce evidence, examine and cross- examine witnesses, make arguments, and generally participate in the conduct of the proceeding; and

(2) Any individual may represent themself or appear through counsel. An attorney who intends to appear on behalf of a party must promptly notify the hearing officer, providing the name, address and telephone number of the party represented and the attorney’s name, address, telephone number, and e-mail address.

c. Conduct of Hearing.

(1) The hearing officer may conduct the hearing in an informal manner and without adherence to the rules of pleading or evidence. But the hearing officer must exclude irrelevant, immaterial, or unduly repetitious evidence.

(2) The hearing officer must require that all testimony is given under oath or affirmation, except matters of which judicial notice is taken or entered by stipulation.

(3) All persons appearing at the hearing must conform to the conduct expected in the Arizona Superior Court.

(4) All hearings are open to the public.

(5) The hearing officer must ensure that the evidence supporting a decision is substantial, reliable, and probative.

d. Record of Hearing.

(1) The hearing officer must ensure that all oral proceedings are electronically recorded if no party requests a court reporter. The recording may be transcribed on the request of any party. The party making the request must pay the cost of the transcription.

(2) On the request of any party, a certified court reporter must make a full stenographic record of the proceedings. The request must be made no later than 5 days before the hearing. The cost of any transcript is the responsibility of the requesting party. The hearing officer may require the prepayment or a monetary deposit to cover the estimated cost of the transcript. If transcribed, the record is a part of the court’s record of the hearing and any other party with a direct interest may receive a copy on request and at their own expense.

17. Rehearing. The hearing officer may grant a rehearing or re-argument on any matter on the written motion of a party conforming to, and based on one of the grounds listed in, Rule 59, Arizona Rules of Civil Procedure. The request must be filed within 15 days after issuance of the order deciding the matter the party seeks to have reargued or reheard was issued. A party desiring to respond must do so within 15 days after the motion is filed. The hearing officer must decide the motion within 30 days after the motion is filed.

18. Decisions and Orders. The hearing officer must issue a final decision within 30 days of the closing of the record of the hearing. The decision must be issued in writing and must include separate findings of fact and conclusions of law. The hearing officer must order one or more of the following:

a. Determine that no violation exists and dismiss the statement of charges with or without prejudice;

b. Determine that no acts of misconduct or violation occurred and no discipline is warranted but that the certificate holder’s actions need correction and issue an advisory letter;

c. Determine that the certificate holder has violated any of the provisions of the statutes, court rules, or this section and issue an order imposing any or a combination of the following informal or formal disciplinary sanctions:

(1) A letter of concern;

(2) A censure;

(3) Placing specific restrictions on certificate;

(4) Placing the certificate holder on probation for a set period of time under specified conditions;

(5) Mandating additional training for the certificate holder;

(6) Suspending a certificate for a set period of time not to exceed 3 years with specified conditions for reinstatement;

(7) Revoking a certificate with specified conditions for reinstatement; or

(8) Any other action the hearing officer determines appropriate, including return or refund of service fees to a person or entity harmed by the certificate holder’s conduct. This may not include imposition of a fine.

19. Effect of sanction. Any disciplinary action has statewide effect. The clerk must, within 5 days of an order imposing any sanction, provide written notice to the division of the action taken and the individual’s authority to serve process.

20. Filing of Special Action. A party, other than a complainant, aggrieved by a final decision of the presiding judge or hearing officer under this section may seek judicial review by filing a petition for a special action in the superior court within 35 days after entry of the final order. The petition for special action must be in compliance with the Arizona Rules of Procedure for Special Actions.

I. Reserved.

J. Code of Conduct

1. Preamble. The Arizona Supreme Court adopts the following Code of Conduct to apply to all private process servers under A.R.S. § 12-3301, the Arizona Rules of Court, and this section. The purpose of this Code of Conduct is to establish minimum standards for performance by private process servers and to ensure they conduct the service of process in a professional manner.

2. Rules and Applicable Laws. The private process server must perform all services and discharge all obligations in accordance with current Arizona and federal law, Arizona Rules of Civil Procedure, administrative orders, and this section.

3. Skills and Knowledge. The private process server must demonstrate adequate skills and knowledge to perform the work of a private process server and must seek training opportunities to maintain professional competency and growth.

a. The private process server must possess sufficient verbal and written communication skills to perform the private process server role.

b. The private process server must manage service proficiently. Skills required include those necessary to perform the service, maintain records, and communicate with the client in a timely fashion.

c. The private process server must keep the client reasonably informed about the status of the service and promptly comply with reasonable requests.

d. The process server must ensure all affidavits and certificates prepared by the private process server are complete, accurate and understandable, and timely filed with the court.

4. Professionalism. The private process server must exercise the highest degree of professionalism in all interactions with clients, the party located, and others they come in contact with during the service. The private process server must utilize professional judgment and discretion at all times.

a. The private process server must handle all legal documents with care and maintain required records in a professional manner.

b. The private process server may act as a mentor to assist an inexperienced certified private process server for the purpose of increasing skill level and successful service of process.

c. The private process server must not provide or offer to provide legal advice.

d. Private process servers must not violate any rules adopted by the Arizona Supreme Court or conduct themselves in a manner that would reflect adversely on the judiciary, the courts, or other agencies involved in the administration of justice.

e. The private process server must respect the confidentiality of information and must preserve the clients’ confidences; this duty outlasts the employment of the private process server.

f. The private process server must maintain a professional appearance at all times.

g. The private process server must be courteous and polite in all dealings.

h. The private process server may explain the general nature of the served papers but must never engage in any unnecessary discussions regarding the action being served with the persons receiving service.

i. The process server may provide general legal information to a client and persons receiving service but must not represent that he or she is authorized to practice law in this state, nor may the process server provide any kind of legal advice, opinion or recommendation about possible legal rights, remedies, defenses, options, or strategies.

j. The private process server must know the protocol for service of process in a court building before proceeding with service and must take appropriate steps to avoid impairing security or creating a security issue in a court building.

k. The private process server must only serve the legal documents and papers included in the civil action for which the process server has been retained to serve process. No additional papers, advertisements, or brochures may be included in the service of process.

5. Ethics. The private process server must perform services in a manner consistent with legal and ethical standards.

a. The private process server, having located the sought-after party or persons receiving process for those persons intended for service, must perform the service of process in a professional manner, utilizing sound judgment, and avoid rudeness and unprofessional conduct.

b. The private process server must present service in a nonjudgmental manner.

c. The private process server must not misrepresent the private process server’s qualifications, fees, or any other information relating to the role of the private process server.

d. The private process server must not utilize certification in any manner to gain access to information or services for purposes other than those of the Private Process Server Program.

e. The private process server must act in the best interests of the client by maintaining a high standard of work and reporting to a client the full facts concerning the work and effort expended whether they are advantageous or detrimental to the client.

6. Candor.

a. A private process server must not knowingly:

(1) Falsify or misrepresent the facts surrounding the delivery of legal process to any person or entity;

(2) Make a false statement of material fact or law to a tribunal; or

(3) Fail to disclose a material fact to a tribunal, except as required by applicable law.

b. A private process server must notify the presiding judge within 10 days of a misdemeanor or felony conviction. The private process server must provide this notice to the presiding judge in the county of certification of the process server.

c. A certified private process server may not wear a uniform, use a title, insignia, badge, or identification card, or make any statement that would lead a person to believe the certificate holder is an employee of a federal government, state government, or any political subdivision of a state government unless the certificate holder is so authorized by proper authorities. No badge of any type may be used, shown, or offered as identification in conjunction with the identification card or independently.

K. Reserved.

L. Continuing Education Policies.

1. Purpose.

a. Service of process is integrally related to the prompt, effective, and impartial operation of the judicial system. Private process servers are required to demonstrate a basic level of competency to become certified and practice in Arizona. Ongoing, continuing education (CE) is one means to ensure a certified process server maintains continuing competence as a process server after certification is obtained. It also provides opportunities for process servers to keep abreast of changes relating to the service of process, the law, and the Arizona judicial system.

b. These continuing education policies are intended to provide direction to certified private process servers and to the presiding judges and clerks who administer the Private Process Server Program in each county; to ensure compliance with this section regarding continuing education credits; and to provide for equitable statewide application and enforcement of the continuing education requirements.

2. Applicability. Under (F), all certified private process servers must complete at least 10 hours of approved continuing education every 12 months in an area relevant to the work of a certified private process server, including subjects applicable to the Code of Conduct under (J) and the subject areas listed in (L)(4)(a). The private process server must submit documentation of completion of the continuing education for the 3-year certification period in an approved format with the application for renewal of certification. Any hours completed after the filing of the renewal application do not apply to that prior certification period. Hours completed after filing a renewal application will apply to the continuing education requirements for the certificate holder’s current 3-year certification period.

3. Responsibilities of Certified Private Process Servers.

a. It is the responsibility of each certified private process server to ensure compliance with the continuing education requirements, maintain documentation of completion of continuing education, and to submit this documentation with a renewal application.

b. On request, each certified private process server must provide any additional information required by the presiding judge when the judge is reviewing the renewal application and documentation of continuing education compliance.

c. If a continuing education activity has not been pre-approved, the rejection of any activity completed by a private process server and submitted with the application for renewal does not diminish the responsibility of the process server to comply with the continuing education requirement.

4. Authorized Continuing Education Activities.

a. Continuing education activity must address the areas of proficiency, competency, and performance; impart knowledge and understanding of the service of process, the Arizona judiciary, and the legal process; and must increase the participants’ understanding of the responsibilities of a certified private process server and the process server’s impact on the judicial process. Acceptable topics for continuing education activities include:

(1) Ethics for private process servers and court employees, including cooperation with lawyers, judges, and fellow private process servers; professional attire; courtesy and impartiality to all litigants; information vs. legal advice; and public relations;

(2) The Arizona court system, including the state and federal constitution, branches of government, Arizona court jurisdiction and responsibilities, Arizona tribal court system; resource materials including Arizona Revised Statutes, Arizona Rules of Court, case law, and administrative orders; and current issues in the Arizona court system; and

(3) Role and responsibilities of the certified private process server including this section.

b. Persons developing and presenting continuing education activities must have expertise in the curriculum, knowledge of adult education principles, and the ability to prepare and present educational material effectively. The education faculty presenting a continuing education activity should consist primarily of individuals with experience and expertise in the service of process, legal, and judicial community; faculty from other disciplines is permissible when their expertise will contribute to the goals of a specific program. The continuing education activity must specify for whom the program is primarily designed, the course objectives, course content, and teaching methods. All continuing education activity must be conducted in an organized setting free from distractions.

c. Pre-Approved Activities. Subject to the conditions specified in this policy, programs, seminars, and courses of study offered or approved by the following entities are pre- approved and accredited:

(1) Arizona Process Servers Association (APSA);

(2) Arizona Supreme Court Committee on Judicial Education and Training (COJET);

(3) United States Private Process Servers Association (USCRA);

(4) Arizona Courts Association (ACA); and

(5) National Association of Court Management (NACM).

d. Sponsoring Entities. Unless a continuing education activity has been pre-approved, entities wishing to administer a continuing education activity must submit the proposed continuing education activity on the approved form to the division staff of the Arizona Supreme Court, Administrative Office of the Courts (AOC), for consideration prior to conducting the activity. Applications submitted by a sponsoring entity after the continuing education activity has been completed or conducted will be rejected.

(1) At a minimum, the proposal must meet all requirements of this policy and must include the following: (a) location, date, and time of the proposed activity with an agenda that identifies the time allocated for each topic and the time allocated for breaks and other activities that do not qualify for continuing education credit; (b) proposed audience; (c) course content, objectives, teaching methods, and the evaluation method; (d) names and qualifications of the faculty; (e) written materials for the participants (a copy of the materials must be included with the proposal); and (f) number of continuing education credits the sponsoring entity is recommending division staff grant for completion of the activity.

(2) In addition, the proposal must include the sponsor’s agreement to verify attendance of the participants; provide a certificate of attendance to each participant who successfully completes the activity; and, on request of division staff, provide any additional information requested to assist the division in evaluating whether to approve the activity or to ensure compliance with this policy.

e. Serving as Faculty. Continuing education credit may be granted for serving as faculty, an instructor, speaker, or panel member of an approved continuing education seminar directly related to the service of process. Continuing education credit will be granted for the actual presentation time, plus actual preparation time up to 2 hours for each hour of presentation time. A maximum of 5 hours of continuing education credit will be granted for serving as faculty in any renewal period and a private process server may not receive credit for presenting a program repeatedly throughout the renewal period. A private process server may receive continuing education credit for actual presentation time for duplicate programs presented in subsequent renewals periods but will not be granted continuing education credit for preparation time for those programs.

f. Authoring or Coauthoring Articles. Continuing education credit may be granted for authoring or coauthoring an article directly related to the service of process if the article is published in a state or nationally recognized professional journal relating to the service of process and if the article is a minimum of one thousand words in length. A maximum of 1 hour of continuing education credit may be earned for authoring an article or articles in any one renewal period. Credit may not be granted for the same article published in more than one publication or republished in later editions of the same publication.

g. University, College, and Other Educational Institution Courses. A certified private process server may receive continuing education credit for a course provided by a university, college, or other educational institution, if the private process server successfully completes the course with a grade of “C” or better or a “pass” on a pass/fail system. The private process server may receive continuing education credit of up to two times the number of credit hours awarded by the educational institution if the course is relevant to the service of process. The maximum hours of credits earned from educational course work may not exceed 50 percent of the total number of continuing education hours required during the certification period.

h. Minimum Time. Each continuing education activity must consist of at least 30 minutes of actual clock time spent in actual attendance at or completion of an approved continuing education activity. “Actual clock time” includes the total hours attended, minus the time spent for introductory remarks, breaks, meals, and business meetings. After completion of the initial 30 minutes of continuing education activity, credit may be given in 15-minute increments. A process server may not use additional earned continuing education credits for subsequent renewal periods.

i. Maximum Credit. Unless a continuing education activity is directly related to the private process server profession, a private process server may not receive more than 50 percent of the credit requirement for the certification period through one activity.

j. Conferences. Continuing education credit may be requested for attendance at a conference relevant to the work of a process server. A process server may receive 100 percent of the continuing education credits for attendance at the conference if the conference is directly related to the work of a process server. The process server must provide documentation of the specific sessions of the conference attended with documentation of the hours for each session of the conference the process server attended. Credit may be granted for attendance at general sessions of the conference.

k. Repeat of an Activity. Generally, credit will not be granted for process servers who repeat an activity within the same renewal period. Exceptions maybe granted if it is determined that the activity is directly related to the work of a process server profession and duplication of the continuing education activity will enhance the process server’s knowledge, skill, and competency.

l. Documentation of Attendance or Completion. When attending or completing a continuing education activity, each process server must obtain documentation of attendance or completion from the sponsoring entity. At minimum, this documentation must include the: (1) name of the sponsor; (2) name of the participant; (3) topic of the subject matter; (4) number of hours actually attended or the number of credit hours awarded by the sponsoring entity; (5) date and place of the program; (6) signature of the sponsor or an official document of the sponsoring entity (for example, a college grade report, etc.); and (7) signature of the process server, either in the space specifically provided on the form for this purpose or across the documentation (for example, the college grade report) to indicate attendance and completion at the activity.

m. A process server must not request and credit must not be granted if the process server attends part, but not all, of the provided activity. Notwithstanding the signature of the sponsoring entity regarding the continuing education credits for an activity, it is the responsibility of the process server to accurately calculate the number of hours attended, subtracting out any time for general introductions and other activities that do not qualify for credit.

n. Self-Study. A process server may receive all continuing education credits through self- study activities, including taking correspondence courses, reviewing procedure manuals, watching video presentations, listening to audio materials, attending online seminars, and other methods of independent learning.

5. Non-Qualifying Activities. The following activities, regardless of whether the activity is approved for COJET credit, do not qualify for continuing education credit for certified private process servers:

a. Completion of the examination required for initial certification;

b. Attendance at or participation in professional or association business meetings, general sessions, elections, policymaking sessions, or program orientation;

c. Serving on committees or councils or as officers in a professional organization; and

d. Activities completed as required by the presiding judge as part of a disciplinary action.

6. Decision Regarding Continuing Education Credits.

a. On review of an application for renewal of certification and the required accompanying continuing education documentation, the presiding judge may:

(1) Approve the continuing education credit;

(2) Approve part but not all of the requested continuing education credit;

(3) Require additional information before making a decision; or

(4) Deny the continuing education credit.

b. The private process server must be notified in writing of the decision regarding the continuing education credit.

7. Compliance and Non-Compliance.

a. An applicant for renewal of certification may be requested to supply additional information to verify compliance with the continuing education requirements. If the applicant fails to provide the requested information, the presiding judge may deny the continuing education credit.

b. Under (H)(l), a certified private process server who fails to meet the continuing education requirement; falsifies continuing education documents; willfully misrepresents continuing education activities or attendance at continuing education activities; or attempts to circumvent the continuing education requirements by submitting an initial application for certification within 12 months of the expiration of the original certificate, is subject to denial of renewal of certification, disciplinary action, or both. Adopted by Administrative Order 2002-110, effective January 1, 2003. Amended by Administrative Order 2004-95, effective November 24, 2004. Amended by Administrative Order 2013-48, effective May 30, 2013. Technically Amended by Administrative Order 2021-140, effective August 25, 2021. Amended by Administrative Order 2023-227, effective December 29, 2023. Amended by Administrative Order 2024-71, effective May 1, 2024. Amended by Administrative Order 2025-186, effective October 29, 2025.