Frequently Asked Questions

Can I bring people with me to the hearing?

See Answer:

Yes. You can bring people to serve as character witnesses. It is common for applicants to bring employers, friends, family members, or counselors. However, space in the hearing room may be limited, so please consider bringing no more than three people. Please note that the administrative law judge may, in the interest of time, limit the number of people who speak.

Although not a requirement, you may also bring an attorney representative to speak on your behalf.

Where will the hearing be held?

See Answer:

All hearings take place in Phoenix. Your notice of hearing will give you a specific location in Phoenix.

Am I required to attend the hearing?

See Answer:

Yes. If, without good reason, you do not appear at your hearing, your good cause exception application will be denied.

Can I participate in the hearing by telephone?

See Answer:

On occasion, the administrative law judge will allow applicants to participate in their hearings by telephone. In order to qualify, an applicant must demonstrate that personally attending the hearing would be an undue hardship. The administrative law judges rarely grant requests to participate in a hearing by telephone.

If you wish to participate in your hearing by telephone, you must submit a written request to the Board staff. You should submit this request as soon as possible–preferably as soon as you get your notice of hearing–in writing by fax, mail, or e-mail ([email protected]). The written request should explain, with as much detail possible, why you are asking to participate by telephone.

If you do not receive explicit authorization from the Board to participate in your hearing by telephone, you should attend in person. If you do not get a response from the Board before your hearing, you should attend in person. Failure to attend your hearing may cause your good cause exception application to be denied.

Can I have my hearing rescheduled?

See Answer:

It may be possible to schedule your hearing for a date later than when you're scheduled. You may submit a written request to reschedule your hearing for a later date by mail, fax, or e-mail ([email protected]) . Your written request should explain why you want a later hearing date. If you have received a formal notice of hearing, you should assume that you must appear at your scheduled hearing, unless otherwise notified. Failure to attend your hearing may cause your good cause exception application to be denied.

The Board will not give you a hearing date earlier than when you're scheduled. The Board staff schedules hearings in order according to the amount of time it has spent processing the application. The Board will not force another applicant to wait for a hearing just so your hearing can take place sooner.

I need an interpreter at my hearing. What should I do?

See Answer:

Individuals who need a sign-language interpreter should submit a written request to the Board of Fingerprinting as soon as possible. We will hire an interpreter for the hearing. However, it is important that you submit this request as far in advance of your hearing as possible, preferably as soon as you get your notice of hearing. Sometimes, sign-language interpreters have limited availability.

Unfortunately, due to budget constraints, the Board will not provide an interpreter for languages other than American Sign Language. If you are not comfortable speaking in English, you must make arrangements to bring your own interpreter.

Will I find out at the hearing whether I'm approved for a fingerprint clearance card?

See Answer:

No. For almost all applications (the ones submitted on or after September 26, 2008), at some point after your hearing, the administrative law judge will file a written recommendation to the Board to grant or deny you a good cause exception.

The Board will meet to decide whether to accept the recommendation; at this meeting, the Board will decide whether to grant or deny your application. About 20 days before the meeting, you will receive a written notice that lets you know when and where the Board will be meeting. This notice will explain that you may submit written objections and new evidence if you disagree with the hearing officer's recommendation; the notice will also provide a deadline for you to file your objections or evidence.

You will be able to attend the Board's meeting, but you are not required to attend. If you do choose to attend, you will not be given an opportunity to speak. You will only be allowed to attend silently.

Who makes the final decision?

See Answer:

If we received your application on or after September 26, 2008, the administrative law judge will make a recommendation to the Board, and the Board will make the final decision.

How long will it take for me to get a fingerprint clearance card after the Board approves my good cause exception application?

See Answer:

If the Board approves your application, it sends a letter to the Department of Public Safety (DPS), which issues the cards and where you originally applied for a fingerprint clearance card. This letter will request that DPS issue a fingerprint clearance card. In general, once it receives the Board's letter, DPS will issue the card within a couple of weeks.

If my good cause exception application is denied, what further steps can I take to get a fingerprint clearance card?

See Answer:

At any time, you may try again to get a good cause exception. However, you must apply again to the Department of Public Safety (DPS) for a fingerprint clearance card. After DPS denies your application, you may request a good cause exception and begin the process again.

If you are denied a good cause exception, you will receive a letter that describes other legal options that may be available to you.

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