R17-1-513. Summary Review of an Administrative Suspen-

sion Order Under A.R.S. § 28-1385 A. A petitioner issued a driving privilege suspension order under A.R.S. § 28-1385, may request summary review instead of a hearing. 1. The requirements of R17-1-502 apply to a summary review request. 2. The petitioner or the petitioner’s attorney may include with the summary review request a written statement of: a. The reasons why the Division should not suspend the petitioner’s driving privilege, and b. Reasons to find that at least one issue in subsections (C)(1) through (C)(3) is not met by the affidavit filed by a law enforcement officer with the Department. B. An administrative law judge conducting summary review of a suspension order under A.R.S. § 28-1385 shall: 1. Conduct the summary review without the petitioner’s presence, 2. Examine the documents in the Executive Hearing Office case file, and 3. Issue a written summary review decision sustaining or voiding the suspension order. C. An administrative law judge conducting summary review of a suspension order under A.R.S. § 28-1385 shall consider the following factors: 1. Whether the law enforcement officer’s certified report reflects the officer had reasonable grounds to believe the petitioner was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor; 2. Whether the law enforcement officer’s certified report reflects the officer placed the petitioner under arrest for a violation of A.R.S. §§ 4-244(33), 28-1381, 28-1382, or 28-1383, and the petitioner complied with A.R.S. § 28- 1321; 3. Whether the law enforcement officer’s certified report reflects petitioner’s test results indicating at least the applicable alcohol concentration stated in A.R.S. § 28- 1385; and 4. Whether the petitioner’s written statement of the reasons why the Division should not suspend the petitioner’s driving privilege provides convincing evidence that at least one issue in subsections (C)(1) through (C)(3) was not met.