A.R.S. 5-107.01(E) Interpretation

In Arizona, gambling is highly regulated. See Simms v. Napolitano, 205 Ariz. 500, 504-05, P 21, 73 P.3d 631, 635-36 (App. 2003). Title 5, chapter 1 sets forth the statutory scheme by which horse and dog racing is regulated, including the procedures required to obtain permits and licenses. A.R.S. 5-104, -107.01, and -108 work together to authorize and require ADOR to conduct a thorough investigation of those applicants seeking a license or permit, and A.R.S. 5-107.01(E) expressly requires an applicant to pay for fingerprint fees and costs associated with ADOR's investigation. Section 5-107.01(E) provides: All applicants for a permit or license shall Submit to the department a full set of fingerprints, background information and the fees that are required pursuant to 41-1750. the department of racing shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to 41-1750 and public law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The applicant shall pay the fingerprint fee and costs of the background investigation in an amount that is determined by the department. for such purpose the department of racing and the department of public safety may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3. the fees shall be credited pursuant to 35-148.