A.R.S. § 44-2126 — Arizona Code / Title 44 / Chapter 12 / Article 19 / Section 2126
44-2126 Preservation of existing authority
Status: in_force

44-2126. Preservation of existing authority

Nothing in this article limits or otherwise affects the authority of the commission under this chapter.
A.R.S. § 44-333 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 333
44-333 Erroneous advice or misleading statements by the department; abatement of penalties and interest; definitions
Status: in_force

44-333. Erroneous advice or misleading statements by the department; abatement of penalties and interest; definitions

A. The department shall not require interest or a penalty on unclaimed property demanded as a deficiency if either:

1. The deficiency is directly attributable to erroneous written advice furnished to the holder by an employee of the department acting in an official capacity in response to a specific request from the holder and not from the holder’s failure to provide adequate or accurate information.

2. All of the following are true:

(a) An unclaimed property report or comparable document or unclaimed property ruling prepared by the department contains a statement that, if followed by a holder, would cause the holder to misapply this title.

(b) The holder reasonably relies on the statement.

(c) The holder’s underpayment directly results from this reliance.

B. Each employee of the department, at the time any oral advice is given to any person, shall inform the person that the department is not bound by that oral advice.

C. For purposes of this section:

1. "Unclaimed property report" includes the instructions that the department prepares for use with the unclaimed property report or comparable document.

2. "Unclaimed property ruling" means a statement issued by the director and denominated as an unclaimed property ruling or an unclaimed property procedure.
A.R.S. § 44-295 — Arizona Code / Title 44 / Chapter 2.1 / Article 1 / Section 295
44-295 Penalties
Status: in_force

44-295. Penalties

Any person wilfully violating any provision of this chapter relating to the provisions of a contract shall not receive or retain any finance, delinquency or collection charge on the contract.
A.R.S. § 44-1559 — Arizona Code / Title 44 / Chapter 10 / Article 8 / Section 1559
44-1559 Remedies
Status: in_force

44-1559. Remedies

A. A dealer or distributor may bring an action against the other for violation of any provision of the franchise and may recover the damages sustained.

B. An action for injunctive relief to prevent or restore rights lost upon the violation of any provision of the franchise may be brought by a dealer or distributor.

C. The remedies provided in this section are independent of and supplemental to any other remedy or remedies available to the dealer or distributor in law or equity.

D. In any action under this section the prevailing party shall recover from the losing party all costs incurred, including reasonable attorney's fees.
A.R.S. § 44-287 — Arizona Code / Title 44 / Chapter 2.1 / Article 1 / Section 287
44-287 Contents of contract
Status: in_force

44-287. Contents of contract

A. The contract shall contain the names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the motor vehicle including its make, year, model and identification number or marks.

B. The contract shall contain the following items:

1. The cash sale price of the motor vehicle.

2. The amount of the buyer's down payment, and whether made in money or goods, or partly in money and partly in goods.

3. The difference between paragraphs 1 and 2 of this subsection.

4. The amount, if any, included for insurance specifying the term and types of coverage. If the contract does not include liability insurance coverage for bodily injuries and property damage, such fact shall be so set forth in capital letters immediately above the signatures of the parties to the contract.

5. The final cash price balance, which is the sum of paragraphs 3 and 4 of this subsection.

6. The amount of the finance charge and the rate at which it is computed.

7. The time balance, which is the sum of paragraphs 5 and 6 of this subsection, payable in installments by the buyer to the seller, the number of installments, the amount of each installment and the due date or period of each installment.

8. A statement, adjacent to the signature line of the contract, in bold-faced type, setting forth the telephone number and address of the department of insurance and financial institutions and stating that the seller is regulated by the department of insurance and financial institutions and that any complaints concerning the contract may be addressed to the department of insurance and financial institutions.

C. The items set forth in subsection B of this section need not be stated in the sequence or order set forth, and additional items may be included to explain the calculations involved in determining the stated time balance to be paid by the buyer.

D. Notwithstanding any other law, in the case of motor vehicles, trailers or semitrailers, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized on sale or other disposition of the motor vehicle, trailer or semitrailer.
A.R.S. § 44-1863 — Arizona Code / Title 44 / Chapter 12 / Article 5 / Section 1863
44-1863 Receipt of electronic securities filings
Status: in_force

44-1863. Receipt of electronic securities filings

An electronic method acceptable to the commission may be used to make any filings relating to the sale or offer for sale of securities. The filing of documents and information using an electronic method is equivalent to paper filing of documents and information with the commission.
A.R.S. § 44-1631 — Arizona Code / Title 44 / Chapter 11 / Article 3 / Section 1631
44-1631 Violations; classification
Status: in_force

44-1631. Violations; classification

A. A person who knowingly violates section 44-1622 is guilty of a class 1 misdemeanor.

B. A person who violates section 44-1623, 44-1624 or 44-1625, section 44-1626, subsection B, C or D or section 44-1630 is guilty of a class 1 misdemeanor.

C. A person who knowingly charges and collects interest at a rate that is greater than permitted under section 44-1626, subsection A is guilty of a class 6 felony.

D. A person who violates section 44-1627 is guilty of a class 6 felony.
A.R.S. § 44-7051 — Arizona Code / Title 44 / Chapter 26 / Article 4 / Section 7051
44-7051 Consumer protection
Status: in_force

44-7051. Consumer protection

A. Nothing in this chapter diminishes the parties' consumer protection rights prescribed in chapter 10, article 7 of this title or any other federal or state law relating to consumers.

B. If a consumer law, other than this chapter, requires a paper record or notice of the transaction, the parties to the transaction may request that the record or notice be provided in an electronic format and that record or notice shall comply with this chapter.  Even if before completing a consumer transaction by an electronic method that complies with this chapter, a party to the transaction requests that a record or notice of the transaction be delivered in electronic form, that party may subsequently change that preference and request that all future records or notices relating to that transaction be sent in paper form to an appropriate address. Withdrawal of consent does not affect the enforceability of electronic records or notices previously provided or made available to that party in accordance with this chapter.

C. A nonelectronic consumer contract or agreement may not contain a provision that authorizes any transaction or part of any transaction pursuant to that contract or agreement by electronic means unless all of the following apply:

1. The consumer makes a separate and express assent or signing either manually or electronically that specifies that the consumer agrees that certain transactions or parts of transactions will be conducted by electronic means.

2. The contract or agreement indicates which transactions or parts of transactions that may be conducted by electronic means and the manner in which those transactions or parts of transactions shall be conducted.

3. The consumer agrees, as part of the assent, to provide the other party with the consumer's electronic address that complies with section 44-7015.

4. The consumer agrees, as part of the assent, to notify the other party, either manually or electronically, of any change in the electronic address prescribed in paragraph 3 or the consumer's withdrawal of consent to electronic transactions.
A.R.S. § 44-2123 — Arizona Code / Title 44 / Chapter 12 / Article 19 / Section 2123
44-2123 Audit discoveries; required responses
Status: in_force

44-2123. Audit discoveries; required responses

A. In the course of conducting an audit to which this article applies, if the independent certified public accountant detects or becomes aware of information indicating that an illegal act, whether or not perceived to have a material effect on the issuer's financial statements, has or may have occurred, the independent certified public accountant, in accordance with generally accepted auditing standards, as modified or supplemented by the commission, shall:

1. Determine whether it is likely that an illegal act has occurred and, if so, shall determine and consider the possible effect of the illegal act on the financial statements of the issuer, including any contingent monetary effects such as fines, penalties and damages.

2. As soon as practicable, inform the appropriate level of the issuer's management and ensure that the issuer's audit committee or board of directors in the absence of an audit committee is adequately informed about any illegal acts that have been detected or have otherwise come to the attention of the certified public accountant in the course of the audit, unless the illegal act is clearly inconsequential.

B. After determining that the audit committee or board of directors is adequately informed pursuant to subsection A, as soon as practicable, the independent certified public accountant shall report the accountant's conclusions to the board of directors if the independent certified public accountant concludes that all of the following have occurred:

1. The illegal act has a material effect on the financial statements of the issuer.

2. The senior management has not taken, and the board of directors has not caused senior management to take, timely and appropriate remedial actions with respect to the illegal act.

3. The failure to take remedial action is reasonably expected to warrant departure from a standard report of the auditor, when made, or warrant resignation from the audit engagement.

C. Unless exempted by the commission by rule or order, an issuer whose board of directors receives a report pursuant to subsection B shall inform the commission by written notice within one business day after receiving the report and shall furnish the independent certified public accountant making the report with a copy of the written notice. If the independent certified public accountant fails to receive a copy of the notice within the required period, the independent certified public accountant, within one business day after the failure to receive a copy of the notice, shall resign from the engagement, give the commission a copy of the accountant's report or give the commission the documentation of any oral report.

D. If an independent certified public accountant resigns from an engagement pursuant to subsection C, the independent certified public accountant, within one business day after the failure to receive a copy of the notice, shall give the commission a copy of the accountant's report or the documentation of any oral report.
A.R.S. § 44-3214 — Arizona Code / Title 44 / Chapter 13 / Article 7 / Section 3214
44-3214 Rehearings
Status: in_force

44-3214. Rehearings

The commission may institute or grant rehearings on application made within twenty calendar days after entry of an order or decision.  Unless otherwise ordered, filing an application for rehearing does not stay the commission’s decision or order.  If the commission does not grant a rehearing within twenty calendar days, the application is considered to be denied. Rehearings are subject to this article.
A.R.S. § 44-1561 — Arizona Code / Title 44 / Chapter 10 / Article 8 / Section 1561
44-1561 Arizona commerce authority; fuel price data; availability
Status: in_force

44-1561. Arizona commerce authority; fuel price data; availability

A. The chief executive officer of the Arizona commerce authority shall collect, compile and maintain all brand average retail prices for Phoenix, Tucson, Flagstaff, Kingman, Show Low, Yuma and Sierra Vista on a bimonthly basis in a format that is accessible to the attorney general or any member of the legislature.

B. The authority may acquire the data by survey or may purchase the data. If the authority purchases the data, the data shall be acquired at the lowest available competitive price.

C. The authority shall make the data available to the attorney general or any member of the legislature.
A.R.S. § 44-355 — Arizona Code / Title 44 / Chapter 3.1 / Article 1 / Section 355
44-355 Museum obligations to the lender
Status: in_force

44-355. Museum obligations to the lender

In order to take title pursuant to this chapter a museum shall have the following obligations to a lender:

1. The museum must keep written records regarding the property for at least two years from the date of taking title pursuant to this chapter.

2. The museum must keep written records on all loans acquired. Records shall contain the owner's name, address and phone number, the duration of the loan period and beginning date of the loan period.

3. The museum is responsible for notifying a lender of the museum's change of address or dissolution.

4. The museum shall inform the lender, at the time the loan is made, of state laws governing unclaimed property.
A.R.S. § 44-1047 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1047
44-1047 Fraudulent transactions by assignor; classification
Status: in_force

44-1047. Fraudulent transactions by assignor; classification

A. A person who makes an assignment for the benefit of creditors is guilty of a crime punishable as prescribed in subsection B, if he:

1. Secretes or conceals any property belonging to his estate, or parts with, conceals, destroys, alters, mutilates or falsifies a book, document or writing relating to such property or estate, or removes such property, book, document or writing, with intent to prevent it or any part thereof from coming into possession of the assignee or to hinder, impede or delay the assignee in recovering or receiving such property or book, document or writing.

2. Makes any payment, gift, sale, assignment, transfer or conveyance of any property belonging to his estate with intent to prevent it from coming into possession of the assignee or to hinder, impede or delay the assignee in recovering or receiving such property.

3. Spends any property belonging to his estate in gaming.

4. Knowingly and with the intent to defraud omits from his schedule any property or effects.

5. Has knowledge or belief of a false or fictitious debt proved against his estate and fails to disclose such knowledge or belief to his assignee within one month after acquiring such knowledge or belief.

6. Attempts by fictitious losses or expenses to account for any property belonging to his estate.

7. Within three months before making the assignment for the benefit of creditors, under the false pretense of carrying on business and dealing in the ordinary course of trade, obtains on credit, with intent to defraud, goods or chattels from any person.

8. Within three months before making the assignment for the benefit of creditors, with intent to defraud his creditors, pawns, pledges or disposes of, otherwise than by ordinary transactions in due course of business, any goods or chattels obtained on credit and which are unpaid for.

9. Previous to and in contemplation of making an assignment for the benefit of creditors, transfers any property with intent or design to defraud creditors.

B. A person violating any provision of subsection A is guilty of a class 6 felony.
A.R.S. § 44-1376.03 — Arizona Code / Title 44 / Chapter 9 / Article 20 / Section 1376.03
44-1376.03 Unfair or deceptive trade practices
Status: in_force

44-1376.03. Unfair or deceptive trade practices

Any violation of this article is an unlawful act or practice pursuant to section 44-1522.  The attorney general may investigate the act or practice and take appropriate action pursuant to chapter 10, article 7 of this title.
A.R.S. § 44-1893 — Arizona Code / Title 44 / Chapter 12 / Article 7 / Section 1893
44-1893 Application for registration of securities by qualification; contents; accompanying documents; signature and verification
Status: in_force

44-1893. Application for registration of securities by qualification; contents; accompanying documents; signature and verification

A. The application for registration of securities by qualification as required under sections 44-1892 and 44-1901 shall include the following, together with other information the commission prescribes:

1. Name and address of issuer, and address of issuer's principal office in this state, if any.

2. Title or descriptive name of securities to be registered and total amount of each class of such securities to be offered in this state and elsewhere.

3. Amount of each class of securities to be offered in this state, offering price per unit and in the aggregate, and the amount of the registration fee.

4. If a registration statement as to the securities has been filed under the securities act of 1933, the date on which the registration statement was filed to register the securities under that act, and the effective date of the registration statement, if effective.

5. Eligibility of securities for sale in the following states as of the date of application:

(a) States in which it is proposed to offer the securities for sale to the public.

(b) States, if any, in which the securities are eligible for sale to the public.

(c) States, if any, which have refused, by order or otherwise, to authorize the sale of securities to the public, or have revoked or suspended the right to sell the securities, or in which an application for qualification has been withdrawn.

B. There shall be submitted as part of the application for registration of securities by qualification a copy of:

1. The issuer's charter or other instrument of organization and bylaws, together with all amendments thereto.

2. The indenture and all supplements thereto under which the securities are to be issued.

3. The basic underwriting agreement, if any, and any agreement or agreements among underwriters and dealers pertaining to the distribution of the securities within this state.

4. The opinion of counsel as to the validity of issuance of the securities.

5. A specimen certificate of each security to be registered.

C. Any of the documents required by subsection B of this section may be submitted in preliminary form whereupon a definitive copy of each shall be filed promptly after execution.

D. The application for registration of securities by qualification shall be signed and verified under oath by the issuer. If the issuer is a corporation, trust or other unincorporated association, the application shall be signed by its principal executive officers, and shall be accompanied by a certified copy of a resolution approved by the requisite majority of the board of directors or other governing body.
A.R.S. § 44-1560 — Arizona Code / Title 44 / Chapter 10 / Article 8 / Section 1560
44-1560 Waiver limitation
Status: in_force

44-1560. Waiver limitation

A. Any condition, stipulation or provision binding any person to waive compliance with any provision of this article is void.

B. The right of either party to trial by jury or to the interposition of counterclaims or cross-claims shall not be waived except after the filing of action and with the concurrence of a counsel of record.
A.R.S. § 44-1659 — Arizona Code / Title 44 / Chapter 11 / Article 4 / Section 1659
44-1659 Injunctive remedy against bucket shop
Status: in_force

44-1659. Injunctive remedy against bucket shop

The habitual, actual, threatened or contemplated use of any premises, place or building, telegraph or telephone wires or instruments in violation of the prohibitions imposed on bucket shops by this article may be enjoined by the state or any citizen thereof.
A.R.S. § 44-1799.35 — Arizona Code / Title 44 / Chapter 11 / Article 19 / Section 1799.35
44-1799.35 Applicability of article; local ordinances
Status: in_force

44-1799.35. Applicability of article; local ordinances

This article does not invalidate an ordinance of, or shall not be construed to prohibit the adoption of an ordinance by a city, town or county that regulates or prohibits the removal of shopping carts from the premises or parking areas of a retail establishment except to the extent any provision of the ordinance expressly conflicts with any provision of this article.
A.R.S. § 44-1710 — Arizona Code / Title 44 / Chapter 11 / Article 7 / Section 1710
44-1710 Violation; classification; enforcement
Status: in_force

44-1710. Violation; classification; enforcement

A. A person who violates section 44-1703, 44-1704, 44-1705, 44-1706 or section 44-1709, subsection A, is guilty of a class 1 misdemeanor.

B. The superior court has jurisdiction to restrain and enjoin any violation of this article.

C. The duty to institute actions for violations of this article, including proceedings to restrain and enjoin such a violation, is vested in the attorney general, county attorneys and city attorneys. The attorney general, a county attorney or a city attorney may prosecute misdemeanor actions or institute proceedings to restrain and enjoin such violations, or both.

D. This section does not prohibit the enforcement by a person of a right provided by this or any other law.

E. The class 1 misdemeanor provision of this section does not apply to a seller's breach of a contract subject to this article.
A.R.S. § 44-1642.02 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1642.02
44-1642.02 Scrap vehicle purchase; applicable law
Status: in_force

44-1642.02. Scrap vehicle purchase; applicable law

Notwithstanding any other law, only title 28 governs the purchase by a scrap metal dealer of a vehicle as defined in section 28-101 solely for the purpose of processing the vehicle into a scrap vehicle or into prepared grades of scrap metal.
A.R.S. § 44-1797.04 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.04
44-1797.04 Disclosures by buying organization; nature of services; listing of items; warranties or guarantees; charges; criminal or civil actions
Status: in_force

44-1797.04. Disclosures by buying organization; nature of services; listing of items; warranties or guarantees; charges; criminal or civil actions

A. Each discount buying organization, immediately upon obtaining the signature of a buyer on any application or contract for discount buying services, shall provide to the buyer and shall allow the buyer to retain a copy of the following written disclosures:

1. An itemization of the services it provides, specifying:

(a) The general categories of goods which are available at the discount buying organization's place of business or warehouse.

(b) Those categories of goods which must be ordered or obtained through stores to which the discount buying organization will refer the customer.

(c) Those categories of goods which must be ordered or obtained through the mail.

2. A list of at least one hundred items sold by or through the organization or available to those who contract with the organization during the preceding one hundred twenty days. The items must be representative as to the type of items sold and the prices charged for the listed items sold during that period. If the maximum number of items available through a discount buying organization is less than one hundred, it may comply with this paragraph by furnishing a list of the total items available with a statement that those are the only items presently available. This list shall state the date on which it was prepared and identify the items by brand name, model, and total price, including the following charges, if the total price for the item or items purchased is not quoted at the time the purchase order is made:

(a) A reasonable estimate of the freight charges.

(b) A reasonable estimate of the delivery charges.

(c) A reasonable estimate of the setup charges.

(d) The organization's price markup.

(e) A reasonable estimate of any other charges.

3. In lieu of providing a buyer the list required by paragraph 2, the discount buying organization shall provide a list of at least one hundred items purchased by those who have contracted for services with the organization during the preceding one hundred twenty days. This list shall state the date on which it was prepared, identify the items by brand name, model and total price, and include the charges required by subdivisions (a) through (e) in paragraph 2, if imposed.

4. A statement of the discount buying organization's policy with respect to warranties or guarantees on goods ordered and the organization's policy with respect to the return of ordered goods, cancellation of orders by the buyer and refunds for cancellation or return of the goods purchased by the buyer.

5. With respect to any order for goods, a description of any charges, such as estimated freight charges, estimated delivery charges, estimated setup charges, seller's markup and any other charges which are incidental to the purchase of goods through the discount buying organization and which are to be paid by the buyer.

6. If any stockholder, director, officer or general or limited partner or any person or business entities exercising control or any beneficial interest in the discount buying organization:

(a) Has been convicted or pleaded nolo contendere to a felony or misdemeanor involving moral turpitude, or a violation of this article.

(b) Has been held liable in a civil action, either by final judgment or by entry of a stipulated judgment, if the civil action alleged fraud, embezzlement, racketeering, fraudulent conversion or misappropriation of property or a violation of this article or the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property or the use of unfair, unlawful or deceptive business practices.

(c) Is subject to any currently effective injunction or restrictive order relating to business activity as the result of an action brought by a public agency or department, including an action affecting any vocational license, a statement so stating and including the name of the court, the date of the conviction, judgment, order or injunction and, if applicable, the name of the governmental agency that filed the action resulting in the conviction, judgment, order or injunction.

B. The discount buying organization shall disclose to the attorney general whether any employee, stockholder, director, officer, general or limited partner, or any persons or business entities exercising control or any beneficial interest in such organization:

1. Has been convicted or pleaded nolo contendere to a felony or misdemeanor involving moral turpitude, or a violation of this article.

2. Has been held liable in a civil action, either by final judgment or by entry of a stipulated judgment, if the civil action alleged fraud, embezzlement, racketeering, fraudulent conversion or misappropriation of property or a violation of this article or the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property or the use of unfair, unlawful or deceptive business practices.

3. Is subject to any currently effective injunction or restrictive order relating to business activity as a result of an action brought by a public agency or department, including an action affecting any vocational license, a statement so stating and including the name of the court, the date of the conviction, judgment, order or injunction and, if applicable, the name of the governmental agency that filed the action resulting in the conviction, judgment, order or injunction.

C. The attorney general may disclose to the public information disclosed to him under subsection B.
A.R.S. § 44-2032 — Arizona Code / Title 44 / Chapter 12 / Article 16 / Section 2032
44-2032 Cease and desist orders; civil penalty; injunctions; civil restitution; prosecutions for violations
Status: in_force

44-2032. Cease and desist orders; civil penalty; injunctions; civil restitution; prosecutions for violations

If it appears to the commission, either on complaint or otherwise, that any person has engaged in, is engaging in or is about to engage in any act, practice or transaction that constitutes a violation of this chapter, or any rule or order of the commission under this chapter, the commission, in its discretion may:

1. Issue an order directing such person to cease and desist from engaging in the act, practice or transaction, or doing any other act in furtherance of the act, practice or transaction, and to take appropriate affirmative action within a reasonable period of time, as prescribed by the commission, to correct the conditions resulting from the act, practice or transaction including, without limitation, a requirement to provide restitution as prescribed by rules of the commission.  If a person fails to comply with an order issued under this paragraph, the superior court in Maricopa county, on application by the commission, shall:

(a) Issue an order to show cause why the person has not complied with the commission's order.  On a showing that the person has violated the commission's order, the court may exercise its contempt powers and impose a civil penalty of not more than twenty thousand dollars for each violation as the court considers to be just and proper.

(b) Award reasonable costs, including attorney fees, to the commission, unless other circumstances make an award of costs unjust.  Any costs, including attorney fees, collected pursuant to this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

2. Apply to the superior court in Maricopa county or any federal court for an injunction restraining the person from the violation, and on a showing by the commission that the person has engaged in, is engaging in or is about to engage in an act, practice or transaction in violation of this chapter or any rule or order of the commission, a temporary restraining order, preliminary injunction or permanent injunction shall be granted without bond. Process in those actions may be served on the defendant in any county of this state in which the defendant transacts business or is found.

3. Apply to the superior court in Maricopa county or any federal court for an order restoring to any person in interest any monies or property, real or personal, that may have been acquired or transferred in violation of this chapter.

4. Petition the superior court in Maricopa county or transmit any evidence available concerning the act, practice or transaction to the attorney general and the attorney general may petition the superior court in Maricopa county for the appointment of a conservator to reorganize the affairs of, or a receiver to wind up the affairs of, the violator.  Process in those actions may be served on the defendant in any county in this state where the defendant transacts business or may be found.

5. Transmit any evidence available concerning the act, practice or transaction to a county attorney, the attorney general or the United States attorney who may, with or without the transmittal, directly institute or cause to be instituted any criminal proceedings as the evidence warrants.

6. If the joinder authorized by section 44-2031 or 44-3291 is inapplicable because the defendant and the defendant's spouse are divorced, apply to the superior court in Maricopa county or any federal court for an order restoring to any person in interest that former spouse's portion of any monies or property, real or personal, including noncash proceeds as defined in section 47-9102, that may have been acquired or transferred by the defendant in violation of this chapter.  Any order issued pursuant to this paragraph must be supported by clear and convincing evidence.
A.R.S. § 44-1656 — Arizona Code / Title 44 / Chapter 11 / Article 4 / Section 1656
44-1656 Acting or offering to act as agent or broker to make future contract; classification
Status: in_force

44-1656. Acting or offering to act as agent or broker to make future contract; classification

A person who acts or offers to act as the agent or broker of any person in making or offering to make a future contract is guilty of a class 2 misdemeanor.
A.R.S. § 44-3325 — Arizona Code / Title 44 / Chapter 13 / Article 12 / Section 3325
44-3325 Notice filings by closed-end companies
Status: in_force

44-3325. Notice filings by closed-end companies

A. Securities that are issued by a closed-end company may be offered for sale and sold in this state if the commission receives all of the following from the closed-end company:

1. The documents that are filed with the SEC and that are required by the commission.

2. A consent to service of process.

3. A notice filing fee calculated pursuant to this section.

B. A notice filing is effective and renewable on the filing date with the commission or the effective date with the SEC, whichever occurs last, and the notice filing is effective for one year from that date.

C. A closed-end company shall include with the company's notice filing a notice filing fee of one-tenth of one percent of the aggregate offering price of securities sold in this state, but the fee shall not be less than two hundred dollars and not more than two thousand dollars.  The amount by which a notice filing fee exceeds one thousand five hundred dollars shall be allocated to the office of economic opportunity operations fund established by section 41-5302.

D. A closed-end company shall file a report of all sales of securities to persons in this state during the period of the notice filing.  The closed-end company shall file the report with the commission within sixty days after the termination date of the offering within this state or the expiration date of the notice filing, whichever occurs first.  A closed-end company that fails to timely file a report of sales shall pay a late filing fee of two hundred dollars.
A.R.S. § 44-303 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 303
44-303 Contents of safe deposit box or other safekeeping depository
Status: in_force

44-303. Contents of safe deposit box or other safekeeping depository

Tangible property that is held in a safe deposit box or any other safekeeping depository in this state in the ordinary course of the holder's business and the proceeds that result from the sale of the property permitted by law are presumed abandoned if the property remains unclaimed by the owner for more than three years after the expiration of the lease or rental period on the box or other depository.
A.R.S. § 44-1814 — Arizona Code / Title 44 / Chapter 12 / Article 2 / Section 1814
44-1814 Travel and other necessary expenses of employees
Status: in_force

44-1814. Travel and other necessary expenses of employees

The director, and any person under the director's supervision shall be paid, in addition to that person's regular compensation, the transportation expense, board, lodging and other necessary traveling expenses actually incurred in the performance of that person's duties.  Traveling expenses shall include the expenses of the director in attending the annual convention of the national association of securities administrators.
A.R.S. § 44-1971 — Arizona Code / Title 44 / Chapter 12 / Article 11 / Section 1971
44-1971 Initiation of hearing; purpose of hearing
Status: in_force

44-1971. Initiation of hearing; purpose of hearing

Hearings may be ordered by the commission on the commission's own initiative or at the written request of any interested person:

1. For the purpose of administering or obtaining information necessary in the enforcement of this chapter or the rules, regulations or orders of the commission thereunder.

2. To enable the commission to take appropriate action in connection with any pending application for registration of any securities, dealer or salesman.

3. To modify the terms and conditions of any registration.

4. To determine whether the registration of any securities or of any dealer or salesman should be denied, suspended or revoked.
A.R.S. § 44-1799.36 — Arizona Code / Title 44 / Chapter 11 / Article 19 / Section 1799.36
44-1799.36 Violation; classification; applicability
Status: in_force

44-1799.36. Violation; classification; applicability

A. A person who violates any provision of this article is guilty of a class 3 misdemeanor.

B. This article is not intended to preclude the application of any other laws relating to prosecution for a criminal offense.
A.R.S. § 44-1562 — Arizona Code / Title 44 / Chapter 10 / Article 8 / Section 1562
44-1562 Full-service gasoline stations; assistance to drivers with disabilities
Status: in_force

44-1562. Full-service gasoline stations; assistance to drivers with disabilities

Each full-service gasoline station offering self-service at a lesser cost shall require an attendant who is employed by the station to dispense gasoline from the self-service portion of the station to a motor vehicle properly displaying a distinguishing insignia placard or number plate issued to a person with a physical disability pursuant to section 28-2409 if the person to whom the placard or plate has been issued is the operator of the vehicle and the service is requested during those hours that full service is offered at that station.
A.R.S. § 44-171 — Arizona Code / Title 44 / Chapter 1 / Article 6 / Section 171
44-171 Exemption from licensure, certification, registration or other authorization to act
Status: in_force

44-171. Exemption from licensure, certification, registration or other authorization to act

A. Notwithstanding any other law, if the requirements prescribed by subsection B of this section are met, a person is exempt from state law relating to licensure, certification, registration or other authorization to act under the following:

1. Title 6, not including title 6, chapter 9, except that a party is not exempt from the requirements prescribed in section 6-114, 6-632, 6-635 or 6-637.

2. Title 9.

3. Title 10.

4. Title 11.

5. Title 23.

6. Title 32, chapter 9 or 46.

7. This title, except that this paragraph does not apply to a sales finance company that is licensed pursuant to chapter 2.1 of this title or a party that is subject to chapter 9, article 6 of this title.

B. Subsection A of this section applies only if all of the following apply:

1. The person is a party to a contract between two or more private parties.

2. The subject of the contract is substantially delivered by electronic means.

3. The contract specifies the laws from which the person is exempt.

4. The subject of the contract is lawful.

5. The exemption does not materially affect a third party.

6. The exemption does not clearly harm or damage public health or safety.

7. The subject of the contract does not exceed $6,000 per transaction between any two parties and $150,000 in total aggregate profit in the previous calendar year for all parties related to the services provided in the contract.

C. A person is not guilty of failure to procure or exhibit a business license pursuant to section 13-3706 if the person is exempt from the business license requirement under this section.

D. If a state agency notifies a person described in subsection A of this section that the person is in violation of a state law relating to licensure, certification, registration or other authorization to act, within six months after receiving the notice the person shall do either of the following:

1. Become licensed, certified or registered or receive another authorization to act, as applicable.

2. Amend the contract described in subsection B of this section to exempt the person from the state law relating to licensure, certification, registration or other authorization to act.

E. If the total aggregate profit related to services provided in a contract pursuant to subsection B of this section exceeds $150,000, the parties may agree to amend the contract to comply with state law relating to licensure, certification, registration or other authorization to act, as applicable.  After exceeding $150,000 in total aggregate profit, the parties have until July 1 of the following calendar year to amend the contract or become licensed, certified or registered or to receive another authorization to act before the state agency may commence or take disciplinary action against any party to the contract.

F. If a state agency notifies a party to a contract of a violation of a state law pursuant to subsection D of this section, the state agency may not commence or take disciplinary action against the party during either of the following time periods:

1. The six-month period in which the party is working either to become licensed, certified or registered or to receive another authorization to act, as applicable, or to amend the contract to exempt the party from the state law relating to licensure, certification or registration or the other authorization to act.

2. The time period after the party has submitted an application to become licensed, certified or registered or to receive another authorization to act and before the state agency has approved or denied the application.

G. A violation of this section is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.
A.R.S. § 44-1962 — Arizona Code / Title 44 / Chapter 12 / Article 10 / Section 1962
44-1962 Grounds for denial, revocation or suspension of registration of salesman; administrative remedies
Status: in_force

44-1962. Grounds for denial, revocation or suspension of registration of salesman; administrative remedies

A. After a hearing or notice and opportunity for a hearing as provided by article 11 of this chapter, the commission may enter an order suspending for a period of not to exceed one year, denying or revoking the registration of a salesman if the commission finds that:

1. The application for registration of the salesman, any statement, document or other exhibit filed with the application or any supplement or amendment to the application is incomplete, inaccurate or misleading.

2. The salesman has violated this chapter or any rule or order of the commission under this chapter.

3. The salesman has failed to file with the commission any record, report or other information required under this chapter or any rule or order of the commission under this chapter or has refused to allow an examination into the salesman's affairs.

4. The salesman is not qualified by training or experience.

5. The salesman is not employed by a registered dealer.

6. The salesman has been convicted within ten years preceding the date of filing the application for registration as a salesman, or at anytime thereafter, of a felony or misdemeanor involving a transaction in securities, of which fraud is an essential element or arising out of the conduct of any business in securities.

7. The salesman is permanently or temporarily enjoined by order, judgment or decree of an administrative tribunal or a court of competent jurisdiction from engaging in or continuing any conduct or practice in connection with the sale or purchase of securities.

8. The salesman is subject to an order of an administrative tribunal, an SRO or the SEC denying, suspending or revoking membership or registration as a broker or dealer in securities or an investment adviser or investment adviser representative for at least six months.

9. The salesman has been guilty of any fraudulent act or practice in connection with the purchase or sale of securities.

10. The salesman has engaged in dishonest or unethical practices in the securities industry.

11. The salesman has failed to reasonably supervise salesmen under the salesman's supervisory control.

12. The salesman has engaged in dishonest or unethical practices in business or financial matters.

B. In addition to denying, revoking or suspending the registration, if the commission finds that a salesman has engaged in an act, practice or transaction described in subsection A, paragraph 10 or 11 of this section, the commission may do one or more of the following:

1. Assess administrative penalties.

2. Order the salesman to cease and desist from engaging in the act, practice or transaction or doing any other act in furtherance of the act, practice or transaction.

3. Take appropriate affirmative action, as prescribed by the commission, to correct the conditions resulting from the act, practice or transaction, including a requirement to provide restitution.

C. If the registration of a salesman is revoked or denied, that salesman may not file with the commission an application for registration under this chapter or for licensure under chapter 13 of this title for at least one year after the date of the revocation or denial.
A.R.S. § 44-1799.11 — Arizona Code / Title 44 / Chapter 11 / Article 17 / Section 1799.11
44-1799.11 Pet dealer regulation; state preemption
Status: in_force

44-1799.11. Pet dealer regulation; state preemption

The regulation of pet dealers is a matter of statewide concern. A city, town or county may enact or enforce an ordinance to enforce section 44-1799.10 against a pet store or pet dealer. Any local law, rule, regulation or ordinance that imposes requirements on pet dealers that exceed the requirements of section 44-1799.10 or penalties prescribed by section 44-1799.08 is preempted. Any local law, rule, regulation or ordinance may not directly or indirectly prohibit or be applied to prohibit the sale of dogs or cats by a pet store or pet dealer, expressly or in effect, based on the source from which the animal is obtained if obtained in compliance with section 44-1799.10.
A.R.S. § 44-2012 — Arizona Code / Title 44 / Chapter 12 / Article 15 / Section 2012
44-2012 Complaint; contents
Status: in_force

44-2012. Complaint; contents

A complaint filed in the superior court of Maricopa county for the appointment of a conservator to reorganize, or a receiver to wind up, the affairs of a violator of this chapter shall set out the alleged violations with particularity and shall be verified by the director or assistant director of securities.
A.R.S. § 44-1213 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1213
44-1213 Issuance of get rich quick contract prohibited; classification
Status: in_force

44-1213. Issuance of get rich quick contract prohibited; classification

A person is guilty of a class 2 misdemeanor who issues any contract:

1. Providing for its redemption or fulfillment from contributions made by subscribers to or holders of other similar contracts.

2. Providing for payment of money or giving any consideration greater in value than the amount paid in upon such contracts, together with the actual net earnings accrued and accumulated thereon.
A.R.S. § 44-1222 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1222
44-1222 Unordered merchandise
Status: in_force

44-1222. Unordered merchandise

A. If unsolicited goods are delivered by mail or common carrier to a person, such person may refuse to accept delivery of the goods and shall not be bound to return such goods to the sender. If such unsolicited goods are addressed to and intended for the recipient, they shall be deemed a gift to the recipient, who may use the goods or dispose of them in any manner without any obligation to the sender.

B. This section does not apply to:

1. Property, material or other thing of value mailed by mistake in response to an order, request or application for other property, materials or other thing of value, or

2. Property, material or other thing of value mailed in response to an order, request or application from a person but mistakenly mailed to another person, or

3. Substantially equivalent substitute property, material or other thing of value mailed in response to an order, request or application for other property, material or other thing of value.

4. Property, material or other thing of value mailed to a person pursuant to an order, request or application of another person.
A.R.S. § 44-1307 — Arizona Code / Title 44 / Chapter 9 / Article 8 / Section 1307
44-1307 Civil penalties; environmental nuisance
Status: in_force

44-1307. Civil penalties; environmental nuisance

Unless otherwise provided, a person who violates a provision of this article, or any rule adopted by the director pursuant to this article, is subject to a civil penalty of not more than five hundred dollars per violation and is subject to citation under title 49, chapter 1, article 3, relating to environmental nuisances. Each tire which is sold or disposed of improperly constitutes a separate violation.
A.R.S. § 44-2042 — Arizona Code / Title 44 / Chapter 12 / Article 16 / Section 2042
44-2042 Confidentiality
Status: in_force

44-2042. Confidentiality

A. The names of complainants and all information or documents obtained by any officer, employee or agent of the commission, including the shorthand reporter or stenographer transcribing the reporter's notes, in the course of any examination or investigation are confidential unless the names, information or documents are made a matter of public record. An officer, employee or agent of the commission shall not make the confidential names, information or documents available to anyone other than a member of the commission, another officer or employee of the commission, an agent who is designated by the commission or director, the attorney general or law enforcement or regulatory officials, except pursuant to any rule of the commission or unless the commission or the director authorizes the disclosure of the names, information or documents as not contrary to the public interest.

B. The commission shall not disclose the home address, home telephone number and social security number of a salesman unless the commission or the director authorizes the disclosure of the information as not contrary to the public interest.
A.R.S. § 44-1774 — Arizona Code / Title 44 / Chapter 11 / Article 12 / Section 1774
44-1774 Trust property exempt from claims of art dealer's creditors
Status: in_force

44-1774. Trust property exempt from claims of art dealer's creditors

Notwithstanding title 47, no property which is trust property under section 44-1772 or 44-1773 is subject to the claims, liens or security interests of the creditors of the art dealer.
A.R.S. § 44-3321 — Arizona Code / Title 44 / Chapter 13 / Article 12 / Section 3321
44-3321 Notice filings by open-end companies and unit investment trusts
Status: in_force

44-3321. Notice filings by open-end companies and unit investment trusts

A. Securities that are issued by an open-end company or unit investment trust may be offered for sale and sold in this state if the commission receives all of the following:

1. The documents that are filed with the SEC and that are required by the commission.

2. A consent to service of process.

3. The sales reports that are required by this article.

4. A notice filing fee computed pursuant to section 44-3324.

B. A notice filing is effective and renewable as provided in section 44-3322.

C. Securities that are exempt pursuant to section 44-1843 or that are sold in a transaction that is exempt pursuant to section 44-1844 are exempt from the requirements of this section.
A.R.S. § 44-1341 — Arizona Code / Title 44 / Chapter 9 / Article 10 / Section 1341
44-1341 Medical sharps; label
Status: in_force

44-1341. Medical sharps; label

A. A medical sharp which is sold only by prescription or which is otherwise restricted in its distribution to the general public but which is sold for personal use shall bear a label which describes a safe method for the disposal of the medical sharp.

B. The director of the department of environmental quality shall establish, by rule, the written contents of the label.
A.R.S. § 44-1525 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1525
44-1525 Confidentiality of information or evidence
Status: in_force

44-1525. Confidentiality of information or evidence

All information or evidence provided to the attorney general shall be confidential and shall not be made public unless in the judgment of the attorney general the ends of justice and the public interest will be served by the publication thereof, provided that the names of the interested parties shall not be made public.
A.R.S. § 44-1797.11 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.11
44-1797.11 Cancellation of contract; time; definition
Status: in_force

44-1797.11. Cancellation of contract; time; definition

A. Each contract for discount buying services shall further provide that such contract may be canceled at any time within three business days after the date of receipt by the buyer of a copy of the contract, such time to be computed exclusive of the date of receipt of the contract.

B. Cancellation occurs when the buyer gives written notice of cancellation in person or by telegram to the seller at the address specified for notice of cancellation provided by the seller or when such written notice bearing such address is deposited in the United States mail by either ordinary mail or registered mail. Notice of cancellation is effective as of the date of the postmark affixed by the United States postal service.

C. Notice of cancellation given by the buyer is effective if it indicates the intention on the part of the buyer not to be bound by the contract for discount buying services. Monies paid pursuant to the contract in excess of twenty-five dollars shall be refunded within fifteen business days of the date notice of cancellation is given.

D. Every contract for discount buying services shall be subject to the cancellation privileges provided by this article.

E. For the purposes of this section, "business days" does not include Sundays or the federal holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, or Washington's Birthday.
A.R.S. § 44-1565 — Arizona Code / Title 44 / Chapter 10 / Article 9 / Section 1565
44-1565 Definitions
Status: in_force

44-1565. Definitions

In this article, unless the context otherwise requires:

1. "Beer":

(a) Means any beverage obtained by the alcoholic fermentation, infusion or decoction of barley malt, hops, rice, bran or other grain, glucose, sugar or molasses, or any combination of them, and may include, as adjuncts in fermentation, honey, fruit, fruit juice, fruit concentrate, herbs, spices and other food materials.

(b) Includes beer aged in an empty wooden barrel previously used to contain wine or distilled spirits and as such is not considered a dilution or mixture of any other spirituous liquor.

2. "Franchise" means a commercial relationship between a supplier and a wholesaler that includes all of the following:

(a) A commercial relationship of definite duration or continuing indefinite duration is involved.

(b) A grant to the wholesaler of the right to offer, sell and distribute within this state or any designated territory such of the supplier's brands of beer as may be agreed on.  The requirements of this paragraph do not preclude a supplier from establishing more than one commercial relationship of any kind within or with relation to activity in this state or any designated territory therein not in violation of article 1 of this chapter.

(c) An agreement relating to transferability of the commercial relationship.

3. "Good cause" means failure by the supplier or the wholesaler to comply with the provisions of an agreement as delineated therein, which provisions are not unconscionable. Good cause does not include failure or refusal on the part of the wholesaler or supplier to engage in any trade practice, conduct or activity that would result in a violation of any federal law or regulation or any laws or regulations of this state.

4. "Good faith" means the duty of each party to any franchise and all officers, employees or agents of the franchise to act in a fair and equitable manner in carrying out the agreement.

5. "Spirituous liquor" includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, that produces intoxication, fruits preserved in ardent spirits and beverages containing more than one-half of one percent of alcohol by volume.

6. "Supplier" means any person other than a wholesaler engaged in business as a manufacturer, distiller, rectifier, importer, brewer, vintner, broker or agent that distributes any or all of its beer through duly licensed wholesalers in this state.

7. "Wholesaler" means any person licensed by the department of liquor licenses and control to sell at wholesale beer to retailers duly licensed in this state.
A.R.S. § 44-1841 — Arizona Code / Title 44 / Chapter 12 / Article 4 / Section 1841
44-1841 Sale of unregistered securities prohibited; classification
Status: in_force

44-1841. Sale of unregistered securities prohibited; classification

A. It is unlawful to sell or offer for sale within or from this state any securities unless the securities have been registered pursuant to article 6 or 7 of this chapter or are federal covered securities if the securities comply with section 44-1843.02 or chapter 13, article 12 of this title.

B. A person violating this section is guilty of a class 4 felony.
A.R.S. § 44-1460.03 — Arizona Code / Title 44 / Chapter 10 / Article 3.1 / Section 1460.03
44-1460.03 Assignment and recording of rights
Status: in_force

44-1460.03. Assignment and recording of rights

Any name, title or designation and its registration may be assignable by an instrument in writing duly executed and may be recorded with the secretary of state who upon recording the assignment shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal of the registration.
A.R.S. § 44-1404 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1404
44-1404 Exclusions
Status: in_force

44-1404. Exclusions

A. Labor of a human being is not a commodity or an article of commerce.

B. This article shall not be construed to forbid the existence and operation of any labor, agricultural or horticultural organization instituted for the purpose of mutual help, while lawfully carrying out its legitimate objects.
A.R.S. § 44-7015 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7015
44-7015 Time and place of sending and receipt
Status: in_force

44-7015. Time and place of sending and receipt

A. Unless otherwise agreed to by the sender and the recipient, an electronic record is sent if the record:

1. Is properly addressed or otherwise properly directed to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record.

2. Is in a form that is capable of being processed by the information processing system described in paragraph 1 of this subsection.

3. Enters an information processing system that is outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system that is designated or used by the recipient and that is under the control of the recipient.

B. Unless otherwise agreed to by the sender and the recipient, an electronic record is received if the record:

1. Enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record.

2. Is in a form that is capable of being processed by the information processing system described in paragraph 1 of this subsection.

C. Subsection B applies even if the information processing system is located in a different place from the place the electronic record is deemed to be received pursuant to subsection D.

D. Unless otherwise expressly provided in the electronic record or agreed to by the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business.  If the sender or recipient has more than one place of business, the place of business of that person is the place that has the closest relationship to the underlying transaction.  If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as applicable.

E. An electronic record is received pursuant to subsection B even if no individual is aware of its receipt.

F. Receipt of an electronic acknowledgment from an information processing system described in subsection B establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

G. If a person is aware that an electronic record was purportedly sent as prescribed in subsection A or purportedly received as prescribed in subsection B, but was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law.  Except to the extent allowed by the other law, the parties may not agree to vary the requirements of this subsection.
A.R.S. § 44-1658 — Arizona Code / Title 44 / Chapter 11 / Article 4 / Section 1658
44-1658 Burden of proof in prosecution for making future contract
Status: in_force

44-1658. Burden of proof in prosecution for making future contract

In a prosecution under this article the burden shall be on the defendant to prove that the subject matter contracted for or offered to be contracted for was in fact delivered in accordance with the terms of the contract or that it was the bona fide intention of the defendant at the time of making the contract, that the subject matter contracted for should be so delivered, if it is a material issue, and the court shall so instruct the jury.
A.R.S. § 44-2014 — Arizona Code / Title 44 / Chapter 12 / Article 15 / Section 2014
44-2014 Permanent injunction; permanent conservator or receiver
Status: in_force

44-2014. Permanent injunction; permanent conservator or receiver

A. The complaint, together with the order of the court setting the time of hearing, shall be served upon the defendant together with the notice of the time of hearing.

B. The court, upon the hearing and after hearing the evidence, may dismiss the complaint or make the preliminary injunction permanent, restraining the defendant from removing, encumbering or otherwise disposing of his property, and may make permanent the order of the temporary appointment of a conservator or receiver.
A.R.S. § 44-1797.02 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.02
44-1797.02 Bond; beneficiaries; actions; liability; cancellation
Status: in_force

44-1797.02. Bond; beneficiaries; actions; liability; cancellation

A. The bond required by section 44-1797.01 shall be in favor of this state to be held in trust by the state treasurer for the benefit of any person who suffers financial damage as a result of any violation of this article or by fraud or dishonesty or failure to provide the services of the discount buying organization in the performance of the contract. Any person making a claim against the bond may maintain an action against the discount buying organization and the surety, except that the surety is liable only for the actual damages plus restitution and not the treble damages permitted under section 44-1797.16. The surety bond may be sued upon successive actions until the full amount is exhausted. A person may not commence suit on the bond after the expiration of four years following the act or omission on which the suit is based. Subject to the limitations in this article, a surety shall be liable for damages for any act or omission occurring during the time its bond is in effect.

B. The aggregate liability of the surety to all persons for all breaches of the conditions of the bond provided in this section may not exceed the amount of the bond.

C. A surety for any cause may cancel the bond by giving sixty days' written notice of the cancellation to the state treasurer, attorney general and the discount buying organization. The surety shall give the notice by certified mail. On or before the effective date of the cancellation of the bond, the discount buying organization shall either obtain a new bond which meets the requirements of this section and section 44-1797.01 and file a copy of the new bond with the state treasurer or make a cash deposit in lieu of a bond as provided in section 44-1797.03.
A.R.S. § 44-1214 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1214
44-1214 Increase of weight of goods sold in container; classification
Status: in_force

44-1214. Increase of weight of goods sold in container; classification

A person who, in putting up in a bag, bale, barrel or other package any hops, cotton, wool, grain, hay or other commodities usually sold in such bag, bale, barrel or other package by weight, places or conceals therein anything for the purpose of increasing the weight, with intent thereby to sell the commodities therein or to enable another to sell them at an increased weight, is guilty of a class 2 misdemeanor.
A.R.S. § 44-1709 — Arizona Code / Title 44 / Chapter 11 / Article 7 / Section 1709
44-1709 Waiver of rights by buyer; prohibition; burden of proof on exemption or exception from article
Status: in_force

44-1709. Waiver of rights by buyer; prohibition; burden of proof on exemption or exception from article

A. A waiver by a buyer of the provisions of this article is deemed contrary to public policy and is void and unenforceable. An attempt by a credit services organization to have a buyer waive rights given by this article consitutes a violation of this article.

B. In any proceeding involving this article the burden of proving an exemption or an exception is on the person claiming it.
A.R.S. § 44-1351 — Arizona Code / Title 44 / Chapter 9 / Article 11 / Section 1351
44-1351 Definitions
Status: in_force

44-1351. Definitions

In this article, unless the context otherwise requires:

1. "Assistive device" means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state and that is used to assist an individual with a disability as described in the Americans with disabilities act of 1990 (P.L. 101-336; 104 Stat. 328; 42 United States Code sections 12101 through 12213) in connection with a major life activity including mobility, vision, speech, communication, maneuvering and manipulation of a consumer's environment. Assistive device includes:

(a) A manual or motorized wheelchair, a motorized scooter and any device that enhances the mobility or functional capability of a consumer.

(b) A voice synthesized computer module, an optical scanner, talking software, a braille printer and any device that enables a sight-impaired consumer's ability to communicate.

(c) An environmental control unit, a motor vehicle modification or any other similar device that enables an individual with a disability to communicate, see, hear, speak, maneuver or manipulate the consumer's environment.

2. "Assistive device dealer" means a person who is in the business of selling new assistive devices.

3. "Assistive device lessor" means a person who leases a new assistive device to a consumer under a written lease or holds the rights of a lessor under a written lease.

4. "Collateral cost" means an expense incurred by an assistive device lessor or a consumer in connection with the repair of a nonconformity, including the costs of sales tax and of obtaining an alternative assistive device. Collateral cost includes the cost to the consumer of returning a nonconforming assistive device.

5. "Consumer" means any of the following:

(a) An individual or entity that purchases a new assistive device if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale.

(b) An individual or entity to which the assistive device is transferred for purposes other than resale and if the transfer occurs before the expiration of an express warranty applicable to the assistive device.

(c) An individual or entity that may enforce any warranty applicable to the new assistive device.

(d) An individual or entity that leases a new assistive device from an assistive device lessor under a written lease.

6. "Current value of the written lease" means the total amount for which the lease obligates the consumer during the period remaining after its early termination plus the assistive device dealer's termination costs and the value of the assistive device at the lease expiration date if the lease sets forth a date minus the assistive device lessor's early termination costs.

7. "Demonstrator" means an assistive device used primarily for the purpose of demonstration to the public.

8. "Early termination cost" means any expense or obligation, including a penalty for prepayment under a finance arrangement, that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date written in the lease and the return of an assistive device to a manufacturer pursuant to this article.

9. "Early termination saving" means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date written in the lease and the return of an assistive device to a manufacturer pursuant to this article, including either:

(a) An interest charge that the assistive device lessor would have paid to finance the assistive device.

(b) The difference between the total lease obligation amount during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination, if the assistive device lessor does not finance the assistive device.

10. "Manufacturer" means a person who manufactures or assembles assistive devices and the agents of that person, including an importer, a distributor, a factory branch, a distributor branch or a warrantor of an assistive device but does not include an assistive device dealer.

11. "Nonconformity" means a defect, malfunction or condition that substantially impairs the use, safety or value of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, excluding a defect, malfunction or condition that is the result of either:

(a) An accident involving the assistive device or from abuse, neglect, modification or alteration of the assistive device by any person other than the manufacturer or the manufacturer's agent or distributor or an authorized assistive device dealer or assistive device lessor.

(b) Normal use that could be resolved through fitting adjustments, cleaning or proper use.

12. "Reasonable attempt to repair" means within the terms of an express warranty that applies to a new assistive device either:

(a) Any nonconformity that is covered by the warranty and that has been repaired at least twice by the manufacturer or the manufacturer's authorized assistive device dealer or the assistive device lessor and the same nonconformity continues.

(b) The new assistive device is out of service for repair for an aggregate of at least thirty cumulative days due to a nonconformity covered by the warranty.
A.R.S. § 44-1275 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1275
44-1275 Fees
Status: in_force

44-1275. Fees

A. The secretary of state shall set the annual fee for registration which shall not exceed five hundred dollars.

B. The secretary of state shall set the fee for each supplemental statement which shall not exceed twenty-five dollars.
A.R.S. § 44-1001 — Arizona Code / Title 44 / Chapter 8 / Article 1 / Section 1001
44-1001 Definitions
Status: in_force

44-1001. Definitions

In this article, unless the context otherwise requires:

1. "Asset" means property of a debtor, but asset does not include any of the following:

(a) Property to the extent it is encumbered by a valid lien.

(b) Property to the extent it is generally exempt under nonbankruptcy law.

(c) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.

2. "Claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.

3. "Creditor" means a person who has a claim.

4. "Debt" means liability on a claim.

5. "Debtor" means a person who is liable on a claim.

6. "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien or a statutory lien.

7. "Person" means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust or any other legal or commercial entity.

8. "Property" means anything that may be the subject of ownership.

9. "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset and includes payment of money, release, lease and creation of a lien or other encumbrance.

10. "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings and that is not subject to avoidance under this article.
A.R.S. § 44-1376.01 — Arizona Code / Title 44 / Chapter 9 / Article 20 / Section 1376.01
44-1376.01 Unauthorized or fraudulent procurement, sale or receipt prohibited; procedures to protect against disclosure
Status: in_force

44-1376.01. Unauthorized or fraudulent procurement, sale or receipt prohibited; procedures to protect against disclosure

A. A person shall not do any of the following:

1. Knowingly procure, attempt to procure, solicit or conspire with another to procure a public utility record, a telephone record or communication service record of any resident of this state without the authorization of the customer to whom the record pertains or by fraudulent, deceptive or false means.

2. Knowingly sell or attempt to sell a public utility record, a telephone record or communication service record of any resident of this state without the authorization of the customer to whom the record pertains.

3. Except for the Arizona Corporation Commission in the performance of its official duties, receive a public utility record, a telephone record or communication service record of any resident of this state knowing that the record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive or false means.

B. Entities that maintain communication service records, telephone records or public utility records of a resident of this state shall establish reasonable procedures to protect against unauthorized or fraudulent disclosure of such records that could result in a substantial harm or inconvenience to any customer.  No private right of action is authorized under this subsection.  For the purposes of this subsection, a telephone company's procedures are reasonable if the telephone company complies with the provisions governing customer proprietary network information in section 222 of the communications act of 1934 (47 United States Code section 222), as amended, and regulations promulgated under that section.

C. Any personal information that is contained in a telephone record, public utility record or communication service record that is obtained in violation of this article is inadmissible as evidence in any judicial, administrative, legislative or other proceeding unless that information is offered as proof in an action or prosecution pursuant to this article or is otherwise authorized by law.
A.R.S. § 44-1825 — Arizona Code / Title 44 / Chapter 12 / Article 3 / Section 1825
44-1825 Contempt; penalty
Status: in_force

44-1825. Contempt; penalty

A. In case of contumacy or refusal to obey a subpoena or citation issued by the commission, any member of the commission, the director or any officer designated by the commission, the superior court in Maricopa county, on application by the commission, shall issue to the person an order requiring the person to appear before the commission, the director or the officer designated by the commission to produce documentary evidence if so ordered and to give evidence touching the matter under investigation or in question.  Failure to obey the order of the court may be punished by the court as a contempt of court.

B. In the case of wilful noncompliance with a nondisclosure order included in a subpoena issued pursuant to section 44-1823, on application by the commission, the superior court in Maricopa county may exercise its contempt powers.  For the purposes of this subsection, "wilful" has the same meaning as that prescribed to wilfully in section 1-215.

C. The court shall award reasonable expenses, including attorney fees, to the commission if the refusal to obey a subpoena or citation issued by the commission was not substantially justified, unless other circumstances make an award of expenses unjust.

D. Process in any proceeding pursuant to this section may be served on the defendant in any county of this state in which the defendant transacts business or is found.

E. Any expenses, including attorney fees, collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 44-1424 — Arizona Code / Title 44 / Chapter 10 / Article 2 / Section 1424
44-1424 Federal patent infringement allegation exception
Status: in_force

44-1424. Federal patent infringement allegation exception

A civil action that includes a demand or assertion of patent infringement that arises under 35 United States Code section 271(e)(2) or 42 United States Code section 262 is not subject to this article.
A.R.S. § 44-1734 — Arizona Code / Title 44 / Chapter 11 / Article 9 / Section 1734
44-1734 Scope of remedy
Status: in_force

44-1734. Scope of remedy

A. The rights and remedies that this article grants to purchasers in pyramid promotional schemes are independent of and supplemental to any other right or remedy available to them in law or equity, and nothing contained herein shall be construed to diminish or to abrogate any such right or remedy.

B. The provisions of this article are in addition to all other causes of action, remedies and penalties available to this state.
A.R.S. § 44-1558 — Arizona Code / Title 44 / Chapter 10 / Article 8 / Section 1558
44-1558 Obligation of distributor to repurchase upon termination of agreement; designation of successor in interest
Status: in_force

44-1558. Obligation of distributor to repurchase upon termination of agreement; designation of successor in interest

A. In the event of any termination, cancellation or failure to renew, whether by mutual agreement or otherwise, a distributor shall make or cause to be made a good faith offer to repurchase from the dealer, his heirs, successors and assigns, at the current wholesale prices, any and all merchantable products purchased by such dealer from the distributor, provided that the distributor shall have the right to apply the proceeds against any existing indebtedness owed to him by the dealer and that such repurchase obligation is conditioned upon there being no other claims or liens against such products by or on behalf of other creditors of the dealer. Such repurchase shall not constitute a waiver of the dealer's other rights and remedies under this article.

B. The distributor shall accept the designee of the dealer as the successor in interest to his rights and obligations under a franchise agreement if:

1. Prior to his death, the dealer notifies the distributor of the designation of his surviving spouse or child as his successor in interest.

2. At the time of his death, the surviving spouse or adult child meets the reasonable qualifications required of dealers by the distributor for the operation of service stations.
A.R.S. § 44-3295 — Arizona Code / Title 44 / Chapter 13 / Article 11 / Section 3295
44-3295 Evidence of record of proceedings
Status: in_force

44-3295. Evidence of record of proceedings

A certificate signed by the director, and under seal of the commission, in regard to the record of any proceeding under this chapter for denial, suspension or revocation of the license of any investment adviser or investment adviser representative constitutes evidence of the record and is admissible in any civil or criminal proceeding in which the record may be at issue.
A.R.S. § 44-1725 — Arizona Code / Title 44 / Chapter 11 / Article 8 / Section 1725
44-1725 Presumption of unauthorized activity
Status: in_force

44-1725. Presumption of unauthorized activity

A rebuttable presumption arises that there is a violation of section 44-1723 if any person other than the owner possesses, without the owner's consent, a container that displays the owner's name or mark.
A.R.S. § 44-1849 — Arizona Code / Title 44 / Chapter 12 / Article 4 / Section 1849
44-1849 Real property investment contracts; recording
Status: in_force

44-1849. Real property investment contracts; recording

Before the disbursement of funds to any person, a dealer or issuer of a real property investment contract shall cause to be recorded with the recorder of the county in which the real property is located those documents necessary to secure the contract or note being made or sold.
A.R.S. § 44-1680 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1680
44-1680 Representation of articles
Status: in_force

44-1680. Representation of articles

At an auction held under the provisions of this article, the licensee and his employees and agents shall represent to the public the true manufacture, quality and kind of articles to be sold. Upon request of any person, a copy of the inventory shall be shown.
A.R.S. § 44-3102 — Arizona Code / Title 44 / Chapter 13 / Article 1 / Section 3102
44-3102 Interpretations by commission
Status: in_force

44-3102. Interpretations by commission

In interpreting the definitions prescribed in section 44-3101 and other terms and phrases used in this chapter, the commission may refer to identical terms or phrases in the investment advisers act of 1940 and investment company act of 1940 including regulations or interpretive releases promulgated under those acts and chapter 12 of this title and any rules adopted under that chapter.
A.R.S. § 44-3157 — Arizona Code / Title 44 / Chapter 13 / Article 4 / Section 3157
44-3157 Investment adviser representative license; notification
Status: in_force

44-3157. Investment adviser representative license; notification

A. If an applicant for licensure as an investment adviser representative fully complies with this article and commission rules adopted under this article, the director shall license the applicant as an investment adviser representative, unless the commission finds cause for denial as provided in article 6 of this chapter.

B. After the director has licensed an applicant as an investment adviser representative, the director shall promptly notify the applicant of the licensure by mail, through the IARD or by any other method that is reasonably acceptable to the commission.
A.R.S. § 44-6953 — Arizona Code / Title 44 / Chapter 25 / Article 1 / Section 6953
44-6953 Maintaining valid registration
Status: in_force

44-6953. Maintaining valid registration

A. To maintain a valid registration, within one hundred eighty days following the conclusion of each fiscal year each provider shall file its annual financial report for the previous fiscal year with the department. If a provider fails to timely file its annual financial report, the department shall notify the provider in writing.  If the provider fails to file its annual financial report within thirty days after the date of the written notice, the department shall cancel the provider's registration and send written notice of the cancellation to the provider and the consumer fraud section  of the attorney general's office.

B. A provider shall also file with the department any amendments to its disclosure statement prescribed in section 44-6954, subsection D, paragraph 2 within fourteen days after making the amendment.  The department shall notify the provider and the consumer fraud section of the attorney general's office if the department finds that the provider is using a disclosure form or amended disclosure form that has not been filed with the department.

C. The department shall forward to the consumer fraud section of the attorney general's office a copy of any provider's audited financial report that contains a qualified opinion or a statement that the auditors have substantial doubt about the provider's ability to continue as a going concern.  The department shall notify the provider that the department has forwarded the financial report to the attorney general.
A.R.S. § 44-1695 — Arizona Code / Title 44 / Chapter 11 / Article 6 / Section 1695
44-1695 Liability
Status: in_force

44-1695. Liability

A. A consumer reporting agency or information source is not liable to any consumer resulting from:

1. Reporting inaccurate information corrected in compliance with sections 44-1694 and 44-1698 except as provided in this section.

2. Failing to lift a security freeze pursuant to section 44-1698, subsection G.

B. A consumer reporting agency is liable for any damages and attorney fees and court costs that are incurred by a consumer and that result from reporting of inaccurate information that a consumer reporting agency refuses to correct as provided in section 44-1694.

C. Any consumer reporting agency, user of information or source of information that is grossly negligent in the use or preparation of a consumer report or that acts wilfully and maliciously with intent to harm a consumer is liable to the consumer for actual damages, if any, punitive damages and attorney fees and court costs. If a consumer reporting agency prepares a consumer report, the consumer reporting agency shall follow reasonable procedures to ensure the maximum possible accuracy of the information relating to the consumer who is the subject of the consumer report.

D. Under section 44-1698, any consumer reporting agency that is grossly negligent or that acts wilfully and maliciously with intent to harm a consumer is liable to the consumer for actual damages, if any, attorney fees and court costs for the following:

1. Failing to implement a security freeze.

2. Releasing a credit report or credit score if a security freeze has been placed by the consumer.

3. Failing to remove a security freeze at the consumer's request.
A.R.S. § 44-1231.05 — Arizona Code / Title 44 / Chapter 9 / Article 2.1 / Section 1231.05
44-1231.05 Violation; classification
Status: in_force

44-1231.05. Violation; classification

Unless the conduct is prohibited by section 13-1802 or section 13-2310 in which case those sections shall apply, a person who knowingly violates the provisions of this article is guilty of the following:

1. A class 3 misdemeanor if the violation involves property offered for sale at less than two thousand five hundred dollars.

2. A class 2 misdemeanor if the violation involves property offered for sale at two thousand five hundred dollars or more but less than twenty thousand dollars.

3. A class 1 misdemeanor if the violation involves property offered for sale at twenty thousand dollars or more.
A.R.S. § 44-1742 — Arizona Code / Title 44 / Chapter 11 / Article 10 / Section 1742
44-1742 Written contract required; conspicuous statement of cost; limitation of amount
Status: in_force

44-1742. Written contract required; conspicuous statement of cost; limitation of amount

A. Every contract for dance studio lessons and other services shall be in writing and subject to the provisions of this article. A copy of the written contract shall be given to the customer at the time the customer signs the contract.

B. No contract for dance studio lessons and other services shall be effective unless the contract specifically sets forth, in a conspicuous manner on the top of the first page of such contract, the customer's total payment obligation for lessons and other services to be received pursuant to the contract.

C. No contract for dance studio lessons and other services shall require payment for the lessons and other services or the use of the facilities of a total amount in excess of four thousand five hundred dollars, exclusive of interest.
A.R.S. § 44-7005 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7005
44-7005 Use of electronic records and signatures; variation by agreement
Status: in_force

44-7005. Use of electronic records and signatures; variation by agreement

A. This chapter does not require a record or signature to be created, generated, sent, communicated, received or stored or otherwise processed or used by electronic means or in electronic form.

B. This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means.  Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.

C. A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means.  The right granted by this subsection may not be waived by agreement.

D. Except as provided in subsection C and otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement.  The words "unless otherwise agreed", or other similar words, as used in this chapter do not imply that the effect of other provisions may not be varied by agreement.

E. Whether an electronic record or electronic signature has legal consequences is determined by this chapter and any other applicable law.
A.R.S. § 44-1441 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1441
44-1441 Definitions
Status: in_force

44-1441. Definitions

A. In this article, unless the context otherwise requires:

1. "Applicant" means the person filing an application for registration of a mark under this article or the person's legal representatives, successors or assigns.

2. "Dilution" means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of either:

(a) Competition between the owner of the famous mark and other parties.

(b) Likelihood of confusion, mistake or deception.

3. "Mark" means any trademark or service mark.

4. "Person" means any individual, firm, partnership, corporation, association, union or other organization.

5. "Registrant" means the person to whom the registration of a mark under this article is issued or the person's legal representatives, successors or assigns.

6. "Service mark" means any word, name, symbol or device or any combination of these items that is adopted and used by a person to identify services provided or sold by that person and to distinguish the services from services provided or sold by others.

7. "Trademark" means any word, name, symbol or device or any combination of these items that is adopted and used by a person to identify goods made or sold by that person and to distinguish the goods from goods made or sold by others.

8. "Use" or "used" means the bona fide use of a mark in the ordinary course of trade and not made merely to reserve a right in a mark.

B. A mark is in use:

1. On goods when it is placed in any manner on the goods or other containers or the displays associated with the goods or other containers or on the tags or labels affixed to the goods or other containers, or if the nature of the goods makes the placement impracticable, then on documents associated with the goods or their sale, and the goods are sold, transported or distributed in this state.

2. On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.

C. A mark is abandoned if either of the following occurs:

1. Its use has been discontinued with intent not to resume the use. Intent not to resume may be inferred from circumstances. Nonuse for three consecutive years constitutes prima facie evidence of abandonment.

2. Any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark.
A.R.S. § 44-5101 — Arizona Code / Title 44 / Chapter 15.1 / Article 1 / Section 5101
44-5101 Wholesale buyers; wholesale sellers; disclosure; unlawful practice; definitions
Status: in_force

44-5101. Wholesale buyers; wholesale sellers; disclosure; unlawful practice; definitions

A. Before the parties enter into any binding agreement:

1. A wholesale buyer of residential real property shall disclose in writing to the seller that the buyer is a wholesale buyer.

2. A wholesale seller of residential real property shall disclose in writing to the buyer that the seller is a wholesale seller that holds an equitable interest in the real property and that the wholesale seller may not be able to convey title to the property.

B. Notwithstanding any other provisions contained in the contract for sale, if a wholesale buyer violates this section, the seller may cancel the contract for sale at any time prior to the close of escrow without penalty and may retain any earnest money paid by the wholesale buyer.

C. Notwithstanding any other provisions contained in the contract for sale, if a wholesale seller violates this section, the buyer may cancel the contract for sale at any time prior to the close of escrow without penalty and shall be refunded all earnest money paid by the buyer.

D. For the purposes of this section:

1. "Residential real property" means real property with fewer than five dwelling units.

2. "Wholesale buyer" means a person or entity that enters into a purchase contract for residential real property as the buyer and assigns that same contract to another person or entity.

3. "Wholesale seller" means a person or entity that enters into a purchase contract for residential real property as the seller, that does not hold legal title to that real property and that assigns that same contract to another person or entity.
A.R.S. § 44-1794 — Arizona Code / Title 44 / Chapter 11 / Article 13 / Section 1794
44-1794 Execution of notes; assignment; customer's defenses retained
Status: in_force

44-1794. Execution of notes; assignment; customer's defenses retained

A. A contract for health spa services shall not require the execution of any note or series of notes by the customer which, if separately negotiated, will cut off as to third parties any right of action or defense which the customer has against the health spa.

B. A right of action or defense arising out of a contract for health spa services which the customer has against the health spa shall not be cut off by assignment of the contract whether or not the assignee acquires the contract in good faith and for value.
A.R.S. § 44-1878 — Arizona Code / Title 44 / Chapter 12 / Article 6 / Section 1878
44-1878 Impoundment of funds from sale of speculative securities
Status: in_force

44-1878. Impoundment of funds from sale of speculative securities

A. Except as provided in section 44-1901, as a condition to registration under this chapter of securities of a speculative nature the commission may by order impose reasonable restrictions and conditions upon the use and disbursement of funds to be derived from the sale of such securities, including impoundment of such funds in a depository satisfactory to the commission, subject to the orders of the commission and to such terms and conditions as to release as the commission deems necessary.

B. If the commission imposes impoundment of funds derived from such securities sales, and if the registrant fails to comply with other terms and conditions imposed by the commission pursuant to this section or fails to comply with the other provisions of, or rules adopted pursuant to, this chapter, then the commission may order such impounded funds returned to the investors purchasing such securities at their election.

C. For the purpose of this section, an issue of a speculative nature means one in which the business or earnings of the issuer are based upon future developments and potentials rather than on current tangible assets.
A.R.S. § 44-3241 — Arizona Code / Title 44 / Chapter 13 / Article 9 / Section 3241
44-3241 Fraud in provision of investment advisory services; liability; violation; classification
Status: in_force

44-3241. Fraud in provision of investment advisory services; liability; violation; classification

A. It is a fraudulent practice and unlawful for a person, in connection with a transaction or transactions within or from this state involving the provision of investment advisory services, directly or indirectly, to do any of the following:

1. Employ any device, scheme or artifice to defraud.

2. Make any untrue statement of material fact, or fail to state any material fact necessary in order to make the statement made, in the light of the circumstances under which it was made, not misleading.

3. Misrepresent any professional qualifications with the intent that the client rely on the misrepresentation.

4. Engage in any transaction, practice or course of business that operates or would operate as a fraud or deceit.

B. A person who violates this section is liable to any person for all losses incurred by that person as a result of the violation, together with interest on losses incurred, court costs and reasonable attorney fees. A civil action under this section is barred unless it is brought within three years after the violation or within two years after discovery of the facts constituting the violation, whichever occurs first.

C. A person who violates this section is guilty of a class 4 felony.
A.R.S. § 44-1301 — Arizona Code / Title 44 / Chapter 9 / Article 8 / Section 1301
44-1301 Definitions
Status: in_force

44-1301. Definitions

In this article, unless the context otherwise requires:

1. "Damage" means any cracking, bubbling, cutting, chunking or separation of the tire sidewall or tread, including exposed body ply or belt material, or any visible deterioration of the tire bead or inner liner.

2. "Improper repair" means any puncture repair of damage larger than one-fourth of an inch, any puncture repair to a tire sidewall, the tread shoulder or belt edge area, or a puncture repair that has not been both sealed or patched on the inside and repaired with a cured rubber stem through to the outside.

3. "Motor vehicle" means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination or other vehicle operated on the roads of this state, used to transport persons or property and propelled by power other than muscular power, but motor vehicle does not include traction engines, vehicles that run only on a track, bicycles or mopeds.

4. "Off road motor vehicle" means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, heavy equipment used in mining or metallurgical operations, agriculture, construction or earth moving, airplanes or other vehicles operated off the roads of this state, used to transport persons or property or used for agricultural, construction or earth moving activities and propelled by power other than muscular power, but off road motor vehicle does not include traction engines, vehicles that run only on a track, bicycles or mopeds.

5. "Person" means any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations, as well as a natural person.

6. "Waste tire" means a motor vehicle tire that is no longer suitable for its original intended purpose because of wear, damage, improper repair or manufacturer's recall.

7. "Waste tire collection site" means a site where waste tires are collected before being offered for recycling or reuse and where more than five hundred tires are kept on site on any day.

8. "Wear" means the reduction of the major groove depth of the tire to two thirty-seconds of an inch.
A.R.S. § 44-1942 — Arizona Code / Title 44 / Chapter 12 / Article 9 / Section 1942
44-1942 Power of commission or director to require filing of additional information
Status: in_force

44-1942. Power of commission or director to require filing of additional information

The commission or the director may require submission of additional information as to applicant's previous history, record or business experience as deemed necessary to determine whether applicant should be registered as a dealer or salesman.
A.R.S. § 44-7803 — Arizona Code / Title 44 / Chapter 35 / Article 1 / Section 7803
44-7803 Consumer credit cardholder liability
Status: in_force

44-7803. Consumer credit cardholder liability

A cardholder is personally liable for all charges and interest incurred on the cardholder's credit card account by the cardholder or an authorized user.  In no case is a cardholder liable for any charges or interest that result from the unauthorized use of a credit card.
A.R.S. § 44-1034 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1034
44-1034 Recording of deed of assignment by assignee; bond of assignee; recording; actions upon bond; duty of assignee to execute assignment
Status: in_force

44-1034. Recording of deed of assignment by assignee; bond of assignee; recording; actions upon bond; duty of assignee to execute assignment

A. The assignee shall forthwith, after execution and delivery of the deed of assignment, record it as provided in this article, and execute a bond with securities in an amount determined and approved by the judge of the superior court of the county where the assignment is recorded, or if in more than one county, then in the county where the principal place of business of the debtor is located, conditioned that the assignee will faithfully discharge his duties as assignee, and that he will make proportional distribution of the net proceeds of the property among the creditors entitled thereto.

B. The bond shall be payable to the state of Arizona and shall be filed with the county recorder. It shall inure to the benefit of the assignor and the creditors, who may maintain an action thereon, in his or their own name, jointly or severally, for any breach thereof.

C. Upon the filing of the bond the assignee shall take possession of the assigned property and execute the assignment.
A.R.S. § 44-1685 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1685
44-1685 Application of article; exemptions
Status: in_force

44-1685. Application of article; exemptions

A. This article shall not apply to any sale of second-hand jewelry, judicial sales or government sales, sales by an executor, administrator, guardian, receiver, or trustee in bankruptcy authorized by any court of competent jurisdiction, or any other sale authorized by law.

B. A license issued under the provisions of this article shall be in addition to any license required by the ordinance of any city or town in which the auction is to be conducted.
A.R.S. § 44-1628 — Arizona Code / Title 44 / Chapter 11 / Article 3 / Section 1628
44-1628 Revocation and suspension
Status: in_force

44-1628. Revocation and suspension

A. After notice and an opportunity for a hearing in accordance with title 41, chapter 6, article 6, the sheriff may suspend any license for a period of not more than thirty days for acts that demonstrate a pattern of misrepresentation or wilful omissions or a violation of or noncompliance with any provision of this article other than a violation or noncompliance resulting from a bona fide error that occurred provided that the pawnshop maintains procedures reasonably adapted to avoid the occurrence of bona fide errors. The sheriff or the sheriff's designee shall provide procedures for the redemption of pledged goods and the renewal of pawn transactions on maturity during a period when a license is suspended. For the purposes of this subsection, "bona fide error" includes clerical, calculation, computer malfunction, programming and printing errors and other similar errors.

B. The sheriff may revoke or refuse to renew a license if more than two suspensions of the license have occurred within the preceding twelve calendar months or if the licensee has been convicted of a felony involving trafficking in stolen property, fraudulent schemes, forgery, theft, extortion or conspiracy to defraud or a felony involving moral turpitude.

C. Decisions of the sheriff or the sheriff's designee are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 44-1641.03 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1641.03
44-1641.03 Registration; application; information disclosed on website
Status: in_force

44-1641.03. Registration; application; information disclosed on website

A. A person must register pursuant to this article to conduct business as a scrap metal dealer in this state.

B. A person shall submit information for registration to the department in a form prescribed by the department. The information shall include all of the following:

1. The name and address of the scrap metal dealer.

2. The name of each person who owns at least ten percent of a scrap metal dealer business.

3. Full personal identification information on each owner of a scrap metal dealer business including a copy of each owner's driver license.

4. The location of each principal office and branch office at which the scrap metal dealer will conduct business in this state.

5. The name and address of any wholly owned subsidiary of the scrap metal dealer.

C. A registered scrap metal dealer does not need to separately register either of the following:

1. Any of its branch offices.

2. A wholly owned subsidiary of the registrant.

D. The department must post the information that is submitted pursuant to subsection B, paragraphs 1 and 4 of this section on the department's website.
A.R.S. § 44-301 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 301
44-301 Definitions
Status: in_force

44-301. Definitions

In this chapter, unless the context otherwise requires:

1. "Airdrop":

(a) Means to issue a unit of a digital asset that is distributed in a broad, equipped and nondiscretionary manner based on conditions that are capable of being satisfied by a participant in a blockchain system as incentive-based rewards, including any of the following:

(i) To users of a digital asset or any blockchain system to which the digital asset relates.

(ii) For activities that are directly related to the operation of the blockchain system, including mining, validating, staking and any other activity that is directly tied to the operation of the blockchain system.

(iii) To existing holders of another digital asset in proportion to the total units of the other digital assets that are held by each person.

(b) Does not include an exchange of more than a nominal value of cash, property or other assets.

2. "Apparent owner" means a person whose name appears on the records of a holder as the person entitled to property held, issued or owing by the holder.

3. "Business association" means any corporation, joint stock company, investment company, partnership, limited partnership, registered limited liability partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, safekeeping depository, financial organization, insurance company, mutual fund, utility or other business entity, whether for profit or not for profit, that consists of one or more persons.

4. "De minimis property" means any account balances of business associations of $50 or less that is payable to another business association.

5. "Department" means the department of revenue.

6. "Digital assets" means any of the following that confers economic, proprietary or access rights or powers:

(a) Virtual currencies.

(b) Cryptocurrencies.

(c) Any other digital-only assets.

7. "Director" means the director of the department of revenue.

8. "Domicile" means the state of incorporation of a corporation and the state of the principal place of business of a holder other than a corporation.

9. "Financial organization" means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization or credit union.

10. "Holder" means a person who is obligated to hold for the account of or deliver or pay to the owner the property that is subject to this chapter.

11. "Insurance company" means an association, corporation or fraternal or mutual benefit society or organization, whether for profit or not for profit, that is engaged in the business of providing life endowments, annuities or insurance, including accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection and workers' compensation insurance.

12. "Mineral" means gas, oil, coal, sand, gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloid and other clay, steam and other geothermal resource or any other substance defined as a mineral in sections 27-231 and 27-901.

13. "Mineral proceeds" means the amounts payable for the extraction, production or sale of minerals or, if those amounts are abandoned, all payments that become payable after the abandonment. Mineral proceeds include amounts payable:

(a) For the acquisitions and retention of a mineral lease, including bonuses, royalties, compensatory royalties, shut-in royalties, minimum royalties and delay rentals.

(b) For the extraction, production or sale of minerals, including net revenue interest, royalties, overriding royalties, extraction payments and production payments.

(c) Under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement and farm out agreement.

14. "Money order" includes an express money order and a personal money order on which the remitter is the purchaser. Money order does not include a bank money order or any other instrument that is sold by a financial organization if the seller has obtained the name and address of the payee.

15. "Owner" means a person who has a legal or equitable interest in property that is subject to this chapter or the person's legal representative.  Owner includes a depositor in the case of a deposit, a beneficiary in the case of a trust other than a deposit in trust and a creditor, claimant or payee in the case of other property.

16. "Person" means an individual, business association, financial organization, estate, trust, government, governmental subdivision, agency or instrumentality or any other legal or commercial entity.

17. "Property":

(a) Means any of the following:

(i) Tangible property pursuant to section 44-303.

(ii) A fixed and certain interest in intangible property that is held, issued or owed in the course of a holder's business or by a government, governmental subdivision, agency or instrumentality and all income or increments from that property.

(iii) Digital assets.

(b) Does not include de minimis property, property of a person who is maintaining a current business relationship with the holder, monies collected pursuant to section 46-441 and property that is referred to or evidenced by gift certificates, electronic gift cards, nonrefundable tickets, certificates evidencing property denominated in value other than a currency, including prepaid phone cards, frequent flyer miles, stored value cards and merchandise points.

(c) Includes property that is referred to as or evidenced by any of the following:

(i) Money or any check, draft, deposit, interest or dividend.

(ii) Any credit balance, customer's overpayment, security deposit, refund, credit memorandum, unpaid wage, unused ticket, mineral proceeds or unidentified remittance.

(iii) Any stock or other evidence of ownership of an interest in a business association or financial organization.

(iv) Any bond, debenture, note or other evidence of indebtedness.

(v) Money deposited to redeem stocks, bonds, coupons or other securities or to make distributions.

(vi) An amount due and payable under the terms of an annuity or insurance policy, including policies that provide life, property, casualty, workers' compensation, health or disability insurance.

(vii) An amount distributable from a trust or custodial fund that is established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings or supplemental unemployment insurance or similar benefits.

18. "Record" means information that is inscribed on a tangible medium or that is stored in any electronic or other medium and that is retrievable in a perceivable form.

19. "Stake" means committing digital assets to a blockchain network to participate in the blockchain network's operations by validating transactions, proposing and attesting to blocks and securing the network.

20. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession that is subject to the jurisdiction of the United States.

21. "Utility" has the same meaning prescribed in section 40-491.
A.R.S. § 44-311 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 311
44-311 Crediting of owner's account; interest
Status: in_force

44-311. Crediting of owner's account; interest

A. A holder shall not cease payment of interest on an interest bearing demand, savings or time deposit, including a deposit that is automatically renewable, unless all of the following conditions apply:

1. There is an enforceable written contract between the holder and the owner of the property that allows the holder to impose the charges or cease payment of interest.

2. For property that is more than two dollars, not more than three months before the initial cessation of interest the holder gave written notice to the owner at the last known address of the owner that stated that interest would cease.

3. The holder regularly ceases payment of interest and does not regularly retroactively credit interest on that type of property.

B. If property other than money is delivered to the department pursuant to this chapter, the department shall provide the owner with any income or gain realized or accruing on the property at or before liquidation or conversion of the property to money.  If the property delivered to the department is an interest bearing demand, savings or time deposit, including a deposit that is automatically renewable, the department shall pay interest at the legal rate  or any lesser rate that the property earned while in the possession of the holder.  Interest begins to accrue when the property is delivered to the department and ceases ten years after delivery or on the date the department pays the owner, whichever occurs first.
A.R.S. § 44-5006 — Arizona Code / Title 44 / Chapter 15 / Article 1 / Section 5006
44-5006 Time limitation; disposition of goods
Status: in_force

44-5006. Time limitation; disposition of goods

A. Except as provided in this section, within ten days after a home solicitation sale has been canceled, the seller shall tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.

B. If the down payment includes goods traded in, the goods shall be tendered in substantially as good condition as when received. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.

C. The buyer may retain possession of goods delivered to him by the seller and has a lien on the goods for any recovery to which he is entitled until the seller has complied with the obligations imposed by this section.
A.R.S. § 44-1698.01 — Arizona Code / Title 44 / Chapter 11 / Article 6 / Section 1698.01
44-1698.01 Consumer credit reports; extension of credit; identity theft; definition
Status: in_force

44-1698.01. Consumer credit reports; extension of credit; identity theft; definition

A. Any person who does not use a consumer credit report in connection with the approval of credit based on the application for an extension of credit shall not lend money or extend credit without taking reasonable steps to verify the consumer's identity and confirm that the application for an extension of credit is not the result of taking the identity of another person or entity pursuant to section 13-2008 or aggravated taking the identity of another person or entity pursuant to section 13-2009.

B. Any person who uses a consumer credit report in connection with the approval of credit based on the application for an extension of credit shall not lend money or extend credit without taking reasonable steps to verify the consumer's identity and confirm that the application for an extension of credit is not the result of taking the identity of another person or entity pursuant to section 13-2008 or aggravated taking the identity of another person or entity pursuant to section 13-2009 if either of the following applies:

1. The creditor has received notification that a police report has been filed with a consumer reporting agency and that the applicant has been a victim of an offense involving a violation of section 13-2008 or 13-2009.

2. The creditor has received notification that the consumer has placed a fraud alert or security freeze on the consumer's credit report.

C. In an action to collect on a debt as a result of an extension of credit, if a consumer proves by a preponderance of the evidence that an extender of credit extended the credit in violation of this section, the finder of fact may infer someone other than the consumer applied for and received the benefit of the extension of credit.

D. An act or practice in violation of this section is an unlawful practice under section 44-1522 and is subject to enforcement through private action and by the attorney general.  Injunctive relief may be sought to prevent future violations of this section.  The remedies provided in this section are not intended to be the exclusive remedies available to a person whose identity was used to secure an extension of credit in violation of this section.

E. For the purposes of this section, extension of credit does not include an increase in an existing open-end credit plan, as defined in regulation Z of the federal reserve system, 12 Code of Federal Regulations section 226.2, or any change to or review of an existing credit account.

F. Financial institutions that are required to have a customer identification program pursuant to 31 Code of Federal Regulations section 103.121 are exempt from this section.

G. For the purposes of this section, "reasonable steps" means any commercially reasonable action taken by an extender of credit that is intended to improve identity verification or confirmation or to lessen the likelihood of a violation of sections 13-2008 and 13-2009.
A.R.S. § 44-339 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 339
44-339 Signatures for documents; alternative methods; definition
Status: in_force

44-339. Signatures for documents; alternative methods; definition

The department may prescribe by administrative rule alternative methods for signing, subscribing or verifying any report or claim required or permitted to be filed with the department pursuant to this article that have the same validity and consequence as the actual signature or written declaration of the taxpayer or other person required to sign, subscribe or verify the report or claim.  While the department is adopting a rule prescribing alternative methods for signing, subscribing or verifying any report or claim required to be filed with the department pursuant to this article, the director, by tax ruling, may waive the requirement of a signature for a particular type or class of any report or claim required or permitted to be filed with the department pursuant to this article.  For the purposes of this section, "tax ruling" has the same meaning prescribed in section 42-2052.
A.R.S. § 44-3231 — Arizona Code / Title 44 / Chapter 13 / Article 8 / Section 3231
44-3231 Judicial review
Status: in_force

44-3231. Judicial review

Decisions of the commission pursuant to this chapter are subject to judicial review in superior court in Maricopa county pursuant to title 12, chapter 7, article 6.
A.R.S. § 44-1533 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1533
44-1533 Cumulative remedies
Status: in_force

44-1533. Cumulative remedies

A. The provisions of this article are in addition to all other causes of action, remedies and penalties available to this state.

B. The provisions of this article shall not bar any claim against any person who has acquired any monies or property, real or personal, by means of any practice declared to be unlawful by this article.
A.R.S. § 44-7001 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7001
44-7001 Short title
Status: in_force

44-7001. Short title

This chapter may be cited as the Arizona electronic transactions act.
A.R.S. § 44-1902 — Arizona Code / Title 44 / Chapter 12 / Article 7 / Section 1902
44-1902 Power of the commission to register certain securities by uniform limited offering registration
Status: in_force

44-1902. Power of the commission to register certain securities by uniform limited offering registration

A. In accordance with rules adopted by the commission, the commission may register under this article certain securities in an aggregate amount not exceeding five million dollars in any twelve month period.

B. The rules adopted by the commission pursuant to subsection A of this section shall include:

1. That the issuer shall submit a completed small company offering registration form as adopted by the North American securities administrators association, inc., or other disclosure document as prescribed by the commission.

2. That the offering is not a blind pool offering.

3. That the issuer is not an investment company subject to the investment company act of 1940.

4. That the issuer is not subject to the reporting requirements of section 13 or section 15(d) of the securities exchange act of 1934.

5. That the issuer of debt offerings can demonstrate ability to service its debt.

6. That the application for a uniform limited offering registration is accompanied by a nonrefundable fee as provided in section 44-1861.

7. That financial statements and other financial information, if any, required for registration shall be prepared in the manner prescribed in the rules adopted by the commission pursuant to subsection A of this section, notwithstanding any other provision of this chapter.
A.R.S. § 44-1532 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1532
44-1532 Violation of order or injunction; penalty
Status: in_force

44-1532. Violation of order or injunction; penalty

A person who violates any order or injunction issued pursuant to this article shall forfeit and pay to the general fund of the state of Arizona a civil penalty of not more than twenty-five thousand dollars per violation. For the purpose of this section, the superior court in the county issuing any order or injunction shall retain jurisdiction, and the cause shall be continued. In such cases, the attorney general acting in the name of the state may petition for the recovery of civil penalties.
A.R.S. § 44-1797.06 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.06
44-1797.06 Payment or financing period; limitation
Status: in_force

44-1797.06. Payment or financing period; limitation

No contract for discount buying services may require payments or financing by the buyer over a period in excess of thirty months from the date the contract was entered into.
A.R.S. § 44-1799.10 — Arizona Code / Title 44 / Chapter 11 / Article 17 / Section 1799.10
44-1799.10 Pet stores; pet dealers; prohibitions on dog and cat purchases; recordkeeping
Status: in_force

44-1799.10. Pet stores; pet dealers; prohibitions on dog and cat purchases; recordkeeping

A. A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who is required to be licensed by the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159) if any of the following applies:

1. The person is not currently licensed by the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).

2. Within two years before obtaining the dog or cat the person commits a direct violation of any of the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).

3. The person receives an indirect no access violation on each of the two most recent inspection reports issued by the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).

4. The person commits three or more indirect violations of the pet dealer regulations of the United States department of agriculture during the two-year period before obtaining the dog or cat for violations relating to the health or welfare of the animal and the violations were not administrative in nature. The indirect violations described in this paragraph do not include a violation described in paragraph 3 of this subsection.

B. A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who directly or indirectly obtained a dog or cat from a person described in subsection A of this section. A pet store or pet dealer is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in subsection A of this section if, when placing an order to obtain a dog or cat for sale or resale, the pet store or pet dealer conducts a search for inspection reports of the breeder on the animal care information system search tool maintained by the United States department of agriculture.

C. Notwithstanding subsections A and B of this section, a pet store or pet dealer may obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a publicly operated pound or a private, charitable nonprofit humane society or from any animal adoption activity conducted by a pound or humane society.

D. A pet dealer shall maintain records verifying its compliance with this section for at least two years after obtaining the dog or cat to be sold or offered for sale.  Records maintained pursuant to this subsection shall be open to inspection on request by a municipal or county peace officer or enforcement official.

E. A pet dealer shall display the source of any dog or cat offered for sale by providing the name of the breeder of the animal, the United States department of agriculture license number of the breeder if the animal is from a breeder that is licensed by the United States department of agriculture and the United States department of agriculture website where information about the breeder may be obtained.  The pet dealer shall display the information described in this subsection on both of the following:

1. The cage or enclosure for each animal.

2. All printed or electronic marketing materials about a specific dog or cat that has been obtained by the pet dealer and that is being offered for sale.
A.R.S. § 44-406 — Arizona Code / Title 44 / Chapter 4 / Article 1 / Section 406
44-406 Statute of limitations
Status: in_force

44-406. Statute of limitations

An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
A.R.S. § 44-1924 — Arizona Code / Title 44 / Chapter 12 / Article 8 / Section 1924
44-1924 Order suspending registration; grounds; hearing; notice
Status: in_force

44-1924. Order suspending registration; grounds; hearing; notice

A. Except for securities registered by qualification pursuant to section 44-1901, if the commission has reasonable grounds to believe that the registration of any securities under this chapter should be revoked on any ground specified in section 44-1921 or 44-1922 it may enter an order suspending the registration of such securities pending an examination into the affairs of the issuer or pending a hearing or opportunity for hearing as provided by article 11 of this chapter. No suspension of registration shall be effective for more than thirty days, except with the consent of the registrant. The suspension order shall specify the grounds upon which it is issued.

B. Upon entry of an order suspending the registration of any securities, or an order withdrawing a suspension order previously issued, the director shall send notice of the order to the issuer of the securities and to all registered dealers engaged in the sale thereof.
A.R.S. § 44-354 — Arizona Code / Title 44 / Chapter 3.1 / Article 1 / Section 354
44-354 Reclamation of property
Status: in_force

44-354. Reclamation of property

After title to the loaned property is transferred to the museum the lender has two years to bring an action against the museum to claim the property. At the end of this two year period no action or proceeding may be brought against the museum, its employees or agents by a lender for any good faith action taken by the museum pursuant to this chapter.
A.R.S. § 44-6006 — Arizona Code / Title 44 / Chapter 17 / Article 1 / Section 6006
44-6006 Violation; bar to recovery
Status: in_force

44-6006. Violation; bar to recovery

A seller or holder who violates any provision of this chapter is barred from recovery of any finance charge, official fees and delinquency charge under or in connection with the related retail installment contract or the related retail charge account agreement for as long as the violation continues. This section does not bar the seller or holder from recovery from the buyer of an amount equal to the cash price of the goods or services and the cost to the seller or holder of any insurance included in the transaction.
A.R.S. § 44-7601 — Arizona Code / Title 44 / Chapter 33 / Article 1 / Section 7601
44-7601 Discarding and disposing of records containing personal identifying information; civil penalty; enforcement; definition
Status: in_force

44-7601. Discarding and disposing of records containing personal identifying information; civil penalty; enforcement; definition

A. An entity shall not knowingly discard or dispose of records or documents without redacting the information or destroying the records or documents if the records or documents contain an individual's first and last name or first initial and last name in combination with a corresponding complete:

1. Social security number.

2. Credit card, charge card or debit card number.

3. Retirement account number.

4. Savings, checking or securities entitlement account number.

5. Driver license number or nonoperating identification license number.

B. This section may be enforced by either of the following:

1. A county attorney in the county in which the records or documents were wrongfully discarded or disposed.  If a violation occurs by the same entity in multiple counties, a county attorney in a county in which records or documents were improperly discarded or disposed of, after filing a notice of intent to enforce this section, may send a copy of the notice to the county attorney in each county in which records or documents were not properly discarded or disposed of and may request that the actions be consolidated.

2. The attorney general.

C. A civil penalty shall be imposed for each violation of subsection A of this section arising out of one incident.  The civil penalty shall not exceed:

1. Five hundred dollars for a first violation.

2. One thousand dollars for a second violation.

3. Five thousand dollars for a third or subsequent violation.

D. An entity that maintains and complies with the entity's own procedures for the discarding or disposing of records or documents containing the information listed in subsection A of this section that is consistent with the requirements of this section shall be deemed to be in compliance with this section.

E. This section does not apply to any of the following:

1. An entity subject to title V of the Gramm-Leach-Bliley act (P.L. 106-102; 113 Stat. 1338; 15 United States Code sections 6801 through 6809).

2. Covered entities and business associates as defined under regulations implementing the health insurance portability and accountability act, 45 Code of Federal Regulations section 160.103 (2003).

3. An entity subject to the federal fair credit reporting act (15 United States Code section 1681x).

F. This section only applies to paper records and paper documents.

G. For the purposes of this section, "entity" includes a corporation, foreign corporation, not for profit corporation, profit and not for profit unincorporated association, nonprofit corporation, sole proprietorship, close corporation, corporation sole or limited liability company, a professional corporation, association or limited liability company, a business trust, estate, partnership, registered limited liability partnership, trust or joint venture, a government, governmental subdivision or agency or any other legal or commercial entity.
A.R.S. § 44-286 — Arizona Code / Title 44 / Chapter 2.1 / Article 1 / Section 286
44-286 Requirements and prohibitions as to retail installment contracts
Status: in_force

44-286. Requirements and prohibitions as to retail installment contracts

A. A retail installment contract shall be in writing, shall be signed by both the buyer and the seller and shall be completed as to all essential provisions prior to the signing of the contract by the buyer. The printed portion of the contract, other than instructions for completion, shall be in at least eight point type. The contract shall contain in a size equal to at least ten point bold type:

1. A specific statement that liability insurance coverage for bodily injury and property damage caused to others is not included, if that is the case; and

2. The following notice: "Notice to the buyer: 1. Do not sign this contract before you read it or if it contains any blank spaces. 2. You are entitled to an exact copy of the contract you sign."

B. The seller shall deliver to the buyer, or mail to him at his address shown on the contract, a copy of the contract signed by the seller. Until the seller does so, a buyer who has not received delivery of the motor vehicle shall have the right to rescind his agreement and to receive a refund of all payments made and return of all goods traded in to the seller on account of or in contemplation of the contract, or if the goods cannot be returned, the value thereof. Any acknowledgment by the buyer of delivery of a copy of the contract shall be in a size equal to at least ten point bold type, and, if contained in the contract, shall appear directly above the buyer's signature.
A.R.S. § 44-1811 — Arizona Code / Title 44 / Chapter 12 / Article 2 / Section 1811
44-1811 Director of securities
Status: in_force

44-1811. Director of securities

A. The commission shall appoint a director of securities, subject to removal at the pleasure of the commission, at compensation as determined pursuant to section 38-611, who shall, subject to the authority and under the supervision of the commission, be the administrator of the division.  The director of securities shall be a person at least thirty years of age and shall be qualified by any or all of the following:

1. At least five years of experience and training in corporate finance, investment banking, accounting principles or securities.

2. A college or graduate degree in business administration, the major subjects of which have relation to investment banking or corporate finance.

3. A law degree and at least five years of legal experience and training in securities.

B. The director of securities shall devote the director's entire time to the discharge of the duties of the office.
A.R.S. § 44-8021 — Arizona Code / Title 44 / Chapter 40 / Article 1 / Section 8021
44-8021 Dog or cat possession; microchip scan; owner notification; definition
Status: in_force

44-8021. Dog or cat possession; microchip scan; owner notification; definition

A. When taking possession of a dog or cat, an animal shelter shall thoroughly scan for the presence of a microchip in the dog or cat and shall make a reasonable effort to contact the owner.

B. For purposes of this section, "animal shelter" has the same meaning prescribed in section 11-1022.
A.R.S. § 44-7004 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7004
44-7004 Prospective application
Status: in_force

44-7004. Prospective application

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of this chapter.
A.R.S. § 44-1612 — Arizona Code / Title 44 / Chapter 11 / Article 2 / Section 1612
44-1612 Exemption qualifications
Status: in_force

44-1612. Exemption qualifications

A. To qualify for the exemption set forth in section 44-1614, a household goods mover must:

1. Provide to the consumer a written contract that meets all of the following requirements:

(a) Is signed and dated, through electronic means or otherwise, by the consumer and household goods mover before the household goods mover provides any household goods moving services or takes possession of any household goods.

(b) Includes:

(i) The name, telephone number and physical address of the household goods mover that issues the contract and that provides the household goods moving services.

(ii) The date and time of the scheduled household goods moving services.

(iii) The name, address and telephone number of the consumer, the address of where the household goods that need to be moved are located and the address of the moving destination.

(iv) A detailed list of household goods moving services to be provided under the contract and any other fees that the consumer may be required to pay.

(v) A list of any terms and conditions for payment of the total charges, including a notice of any minimum charges.

(vi) A list of acceptable methods of payment for the household goods moving services.

(vii) A statement as to whether a household goods mover will reimburse consumers for any loss or damage incurred during the move and, if applicable, an explanation of how the household goods mover will reimburse consumers for loss or damage and the process consumers must follow to obtain a reimbursement.

(viii) The total estimated price, including all anticipated fees and charges, based on the specific circumstances of the services to be performed.

2. Before providing any household goods moving services, the household goods mover must also provide the consumer with a clear and conspicuous disclaimer with the following language: "By signing this disclaimer, I acknowledge that the household goods mover may refuse to unload and deliver my household goods until I have paid the total estimated price set forth in this contract.  I can cancel this contract at any time prior to the moving company providing services."  The disclaimer must be signed by the household goods mover and the consumer.

3. The household goods mover must provide to the consumer a legible copy of the signed contract and the disclaimer before providing any household goods moving services.

B. The consumer may cancel the contract at any point before the household goods mover provides any household goods moving services.  The notice of cancellation does not need to be in any particular form and is effective if it indicates the intention of the consumer not to be bound by the contract.
A.R.S. § 44-1293 — Arizona Code / Title 44 / Chapter 9 / Article 7 / Section 1293
44-1293 Disclosure on use of aftermarket crash part
Status: in_force

44-1293. Disclosure on use of aftermarket crash part

A motor vehicle repair facility or motor vehicle parts installer shall not use a nonoriginal equipment manufacturer aftermarket crash part to repair a vehicle unless the part meets the specifications of section 44-1292 and unless the consumer is advised in a written notice attached to or printed on a repair estimate which:

1. Clearly identifies each part.

2. Contains the following information in ten point or larger type:

"This estimate has been prepared based on the use of replacement parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle."
A.R.S. § 44-1961 — Arizona Code / Title 44 / Chapter 12 / Article 10 / Section 1961
44-1961 Grounds for denial, revocation or suspension of dealer registration; administrative remedies
Status: in_force

44-1961. Grounds for denial, revocation or suspension of dealer registration; administrative remedies

A. After a hearing or notice and opportunity for a hearing as provided in article 11 of this chapter, the commission may enter an order suspending for a period of not to exceed one year, denying or revoking the registration of a dealer if the commission finds that:

1. The application for registration of the dealer, any financial statement, document or other exhibit filed with the application or any supplement or amendment to the application is incomplete, inaccurate or misleading.

2. The dealer is insolvent or is in an unsound financial condition.

3. The dealer has violated this chapter or any rule or order of the commission under this chapter.

4. The dealer purchases or sells securities at such variations from current market prices as, in the light of all the circumstances, are unconscionable.

5. The dealer has failed to file with the commission any record, report, financial statement or other information required under this chapter or any rule or order of the commission under this chapter or has refused to allow an examination into the dealer's affairs.

6. The dealer is not qualified by training or experience.

7. The dealer has knowingly retained a salesman after notice that the salesman has committed an offense under this chapter.

8. The dealer has been convicted within ten years preceding the date of filing the application for registration as a dealer, or at anytime thereafter, of a felony or misdemeanor involving a transaction in securities, of which fraud is an essential element or arising out of the conduct of any business in securities.

9. The dealer is permanently or temporarily enjoined by order, judgment or decree of an administrative tribunal or a court of competent jurisdiction from engaging in or continuing any conduct or practice in connection with the sale or purchase of securities.

10. The dealer is subject to an order of an administrative tribunal, an SRO or the SEC denying, suspending or revoking membership or registration as a broker or dealer in securities or an investment adviser or investment adviser representative for at least six months.

11. The dealer has been guilty of any fraudulent act or practice in connection with the purchase or sale of securities.

12. The dealer has failed to reasonably supervise its salesmen.

13. The dealer has engaged in dishonest or unethical practices in the securities industry.

14. The dealer has engaged in dishonest or unethical practices in business or financial matters.

B. In addition to denying, revoking or suspending the registration, if the commission finds that a dealer has engaged in an act, practice or transaction described in subsection A, paragraph 4, 12 or 13 of this section, the commission may do one or more of the following:

1. Assess administrative penalties.

2. Order the dealer to cease and desist from engaging in the act, practice or transaction or doing any other act in furtherance of the act, practice or transaction.

3. Take appropriate affirmative action, as prescribed by the commission, to correct the conditions resulting from the act, practice or transaction, including a requirement to provide restitution.

C. It is sufficient cause for denial, revocation or suspension of registration of a dealer as provided in this section, if the dealer is a partnership, corporation, unincorporated association or trust, that a member of the partnership, an officer or director of the corporation or unincorporated association, a trustee or other fiduciary of such trust or a person controlling, controlled by or under common control with the dealer has been guilty of any act or omission that would be a sufficient ground for denying or revoking the registration of an individual dealer.

D. If the registration of a dealer is revoked or denied, that dealer may not file with the commission an application for registration under this chapter or for licensure under chapter 13 of this title for at least one year after the date of the revocation or denial.
A.R.S. § 44-1895 — Arizona Code / Title 44 / Chapter 12 / Article 7 / Section 1895
44-1895 Preparation of required financial statements
Status: in_force

44-1895. Preparation of required financial statements

Financial statements required under this article for registration of securities by qualification shall be:

1. Prepared in conformity with generally accepted accounting principles.

2. Examined in accordance with generally accepted auditing standards.

3. If reporting is necessary, reported on by an independent certified public accountant.
A.R.S. § 44-1799.96 — Arizona Code / Title 44 / Chapter 11 / Article 25 / Section 1799.96
44-1799.96 Direct primary care agreements; regulation
Status: in_force

44-1799.96. Direct primary care agreements; regulation

A direct primary care agreement for medical or dental services does not constitute the transaction of insurance business or a health care services organization in this state for the purposes of regulation under title 20.
A.R.S. § 44-1891 — Arizona Code / Title 44 / Chapter 12 / Article 7 / Section 1891
44-1891 Registration by qualification
Status: in_force

44-1891. Registration by qualification

Securities required to be registered by qualification under this chapter before they may be sold in this state shall be registered as provided in this article.
A.R.S. § 44-1846 — Arizona Code / Title 44 / Chapter 12 / Article 4 / Section 1846
44-1846 Powers of commission to exempt certain securities or transactions
Status: in_force

44-1846. Powers of commission to exempt certain securities or transactions

A. The commission may grant, in accordance with rules adopted by the commission, exemptions from registration of securities under articles 6 and 7 of this chapter on written petition and on a showing by the issuer satisfactory to the commission that registration is not essential to the public interest or for the protection of investors by reason of the special characteristics of the securities or transactions or the limited character and duration of the offering or the special characteristics or limited number of the offerees or investors.

B. The rules adopted by the commission pursuant to subsection A of this section shall require, but not be limited to:

1. A disclosure document as prescribed by the commission.

2. A financial statement.

3. Minimum standards for investor suitability.

4. A final confidential report of the offering to be made within thirty days of the conclusion of the offering.

C. Exemptions granted under this section shall each relate to a specific issuer and issue and shall not add any class of securities or transactions to those exempt under sections 44-1843, 44-1843.01 and 44-1844, shall be revocable at the discretion of the commission and shall not relieve the issuer from the application of any of the provisions of this chapter except sections 44-1841 and 44-1842.

D. A petition filed under this section shall be accompanied by a fee as provided in section 44-1861.
A.R.S. § 44-1733 — Arizona Code / Title 44 / Chapter 11 / Article 9 / Section 1733
44-1733 Sale or contract for sale of interest in pyramid promotional scheme voidable
Status: in_force

44-1733. Sale or contract for sale of interest in pyramid promotional scheme voidable

Any purchaser in a pyramid promotional scheme may, notwithstanding any agreement to the contrary, declare the related sale or contract for sale void, and he may bring an action in a court of competent jurisdiction to recover the consideration he paid to participate in the scheme. In such action the court shall, in addition to any judgment awarded to the plaintiff, require the defendant to pay interest, reasonable attorneys' fees and the costs of the action, less any money paid to the plaintiff as profit in the transaction.
A.R.S. § 44-7153 — Arizona Code / Title 44 / Chapter 28 / Article 1 / Section 7153
44-7153 Rescission; refunds; definition
Status: in_force

44-7153. Rescission; refunds; definition

A customer may rescind a contract for dating referral services within three business days after the customer signs the contract if within the three day period the customer either sends a signed written notice by certified mail to the dating services enterprise at the address specified in the contract or the customer personally delivers a signed written notice to the dating services enterprise at the address specified in the contract or at the dating services enterprise facility.  Within thirty days after receipt of the notice of rescission, the enterprise shall refund to the customer any monies the customer paid under the contract.  For the purposes of this section, "business day" means any day on which the dating services enterprise facility is open for business, excluding Sundays and other legal holidays.
A.R.S. § 44-331 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 331
44-331 Uniformity of application and construction
Status: in_force

44-331. Uniformity of application and construction

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states that enact the uniform unclaimed property act.
A.R.S. § 44-1922 — Arizona Code / Title 44 / Chapter 12 / Article 8 / Section 1922
44-1922 Revocation of registration by qualification or description; grounds
Status: in_force

44-1922. Revocation of registration by qualification or description; grounds

Except for securities registered by qualification pursuant to section 44-1901, the commission may revoke the registration of any securities registered under this chapter if, after a hearing or notice and opportunity for hearing as provided by article 11 of this chapter, it finds that:

1. Any of the grounds for denial specified in section 44-1921 exists.

2. Securities registered by description are not entitled to registration by description.
A.R.S. § 44-1647 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1647
44-1647 Department of public safety; transaction form
Status: in_force

44-1647. Department of public safety; transaction form

The department of public safety shall design and make available a seller and transaction form that may be used by a scrap metal dealer who must report pursuant to section 44-1644.
A.R.S. § 44-2056 — Arizona Code / Title 44 / Chapter 12 / Article 17 / Section 2056
44-2056 Free trade
Status: in_force

44-2056. Free trade

In order to enhance and enlarge the capital markets for companies in this state, the commission may negotiate formal or informal agreements with the administrators of the securities laws of other states, especially in the western United States, Canada and Mexico, and, as deemed appropriate by the commission, with the North American securities administrators association with the intention of reducing the regulatory burden and expense of registering public securities offerings in multiple states, Canada and Mexico.
A.R.S. § 44-1748 — Arizona Code / Title 44 / Chapter 11 / Article 10 / Section 1748
44-1748 Violation of provisions of article; injunction
Status: in_force

44-1748. Violation of provisions of article; injunction

A. The superior court of this state shall have jurisdiction in equity to restrain and enjoin the violation of any of the provisions of this article.

B. The duty to institute actions for violation of the provisions of this article, including equity proceedings to restrain and enjoin such violations, is hereby vested in the attorney general, county attorneys and city attorneys. The attorney general, any county attorney or any city attorney may institute equity proceedings.
A.R.S. § 44-1691 — Arizona Code / Title 44 / Chapter 11 / Article 6 / Section 1691
44-1691 Definitions
Status: in_force

44-1691. Definitions

In this chapter, unless the context otherwise requires:

1. "Consumer" means an individual.

2. "Consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information on consumers for the purpose of furnishing consumer reports to third parties.

3. "Consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (a) credit or insurance to be used primarily for personal, family, or household purposes, or (b) employment purposes, or (c) other purposes authorized under section 44-1692. The term does not include any report containing information solely as to transactions or experiences between the consumer and the person making the report; or any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made.

4. "Employment purposes" when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.

5. "File" when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.

6. "Person" means an individual, partnership, corporation, association, or any other entity of whatever kind or nature.
A.R.S. § 44-315 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 315
44-315 Confidentiality; violation; classification; definitions
Status: in_force

44-315. Confidentiality; violation; classification; definitions

A. The department may disclose confidential information relating to an item of property to the claimant or relating to reports of abandoned property to the holder, a successor in interest to the claimant or holder or a designee of the claimant or holder who is authorized in writing by the claimant or holder.

B. The department also may disclose confidential information to:

1. Any employee of the department whose official duties involve tax or unclaimed property administration.

2. The office of the attorney general for its use in providing counsel relating to unclaimed property administration or in preparation for any proceeding involving unclaimed property before the department or any other agency or board of this state or before any grand jury or any state or federal court.

3. Pursuant to a written agreement between the department and another state or an organization of states that operates an information exchange for unclaimed property administration purposes, a state unclaimed property official from the other state if the other state or organization grants substantially similar privileges to the department for the same type of information.

4. The auditor general, in connection with any audit of the department subject to the restrictions in section 42-2002, subsection D.

5. Any person to the extent necessary for effective unclaimed property administration in connection with the processing, storage, transmission and reproduction of the information and the programming, maintenance, repair, testing and procurement of equipment for purposes of unclaimed property administration.

C. Except as provided in section 42-2002, subsection D, the department may disclose confidential information in any state or federal judicial or administrative proceeding relating to unclaimed property administration if:

1. The claimant or holder is a party to the proceeding.

2. The treatment of an item reflected in the information is directly related to the resolution of an issue in the proceeding.

3. The information directly relates to a transactional relationship between a person who is a party to the proceeding and the claimant or holder and the information directly affects the resolution of an issue in the proceeding.

D. The department may disclose identity information for purposes of notifying persons who appear to be entitled to unclaimed property in the manner described in section 44-309.

E. The department may disclose statistical information gathered from confidential information if it does not disclose confidential information attributable to a claimant or holder.

F. A court may order the department to disclose confidential information pertaining to a party to an action.  An order shall be made only on a showing of good cause and that the party who seeks the information has demanded the information from the claimant or holder.

G. If the department is required or permitted to disclose confidential information, it may charge the person or agency that requests the information for the reasonable cost of the department's services.

H. A disclosure of confidential information in violation of this section is a class 1 misdemeanor.  A knowing disclosure of confidential information in violation of this section is a class 6 felony.

I. The provisions of this section apply to independent auditors hired by the department to enforce the provisions of this chapter and chapter 3.1 of this title.

J. A person, including a former employee, agent or independent auditor of the department or office of administrative hearings or a person previously having an administrative duty for the department or the office of administrative hearings, who has received confidential information while an employee, agent or independent auditor of the department or the office of administrative hearings, shall not disclose that information except as provided in this section.

K. For the purposes of this section:

1. "Claimant" means a person or entity that claims to have a property interest in the item of property that is presumed abandoned pursuant to this chapter.

2. "Confidential information" includes reports filed by holders of property presumed abandoned under this chapter, a claimant's application and documents submitted to support a claim and information discovered by the department concerning claims, and claimants, holder reports or holders. Confidential information also includes information supplied at the special request of the department which the claimant or holder requests to be held confidential, whether a holder or report was, is being or will be subject to examination, investigation or collection and data received by, recorded by, prepared by, furnished to or collected by the department with respect to the existence or possible existence of a liability of any holder for unclaimed property.
A.R.S. § 44-1797.12 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.12
44-1797.12 Voidable contracts; reference to compliance with article
Status: in_force

44-1797.12. Voidable contracts; reference to compliance with article

A. A contract for discount buying services which does not comply with the applicable provisions of this article is voidable by the buyer.

B. No discount buying organization may make or authorize the making of any reference to its compliance with this article.
A.R.S. § 44-7902 — Arizona Code / Title 44 / Chapter 37 / Article 1 / Section 7902
44-7902 Mugshot website operators; prohibited acts; exceptions
Status: in_force

44-7902. Mugshot website operators; prohibited acts; exceptions

A. A mugshot website operator that publishes a subject individual's criminal justice record for a commercial purpose on a publicly accessible website is deemed to be transacting business in this state.

B. A mugshot website operator may not use criminal justice records or the names, addresses, telephone numbers and other information contained in criminal justice records for the purpose of soliciting business for pecuniary gain, including requiring the payment of a fee or other valuable consideration in exchange for removing or revising criminal justice records that have been published on a website or other publication.

C. A subject individual whose criminal justice record is published in violation of subsection B of this section and who suffers a pecuniary loss or who is otherwise adversely affected as a result of a violation of subsection B of this section has a cause of action against the person responsible for the violation and may recover damages in addition to the damages prescribed in subsection D of this section in any court of competent jurisdiction.

D. A person that violates subsection B of this section is liable for damages for each separate violation in an amount of at least:

1. $100 per day during the first thirty days of the violation.

2. $200 per day during the subsequent thirty days of the violation.

3. $500 per day for each day thereafter.

E. This article does not apply to any act performed for the purpose of disseminating news to the public, including the gathering, publishing or broadcasting information to the public for a news-related purpose, or to any act performed by a publisher, owner, agent, employee or retailer of a newspaper, radio station, radio network, television station, television broadcast network, cable television network or other online news outlet associated with any news organization in connection with the dissemination of news to the public, including the gathering, publishing or broadcasting information to the public for a news-related purpose.

F. This article does not apply to activities by a licensed attorney, private investigator or registered process server that are associated with purposes relating to a current or anticipated criminal or civil proceeding. This section does not affect the conduct of trials or the discovery process in any proceeding as otherwise provided by law or court rule.
A.R.S. § 44-8002 — Arizona Code / Title 44 / Chapter 39 / Article 1 / Section 8002
44-8002 Direct-to-consumer genetic testing company requirements; prohibition
Status: in_force

44-8002. Direct-to-consumer genetic testing company requirements; prohibition

A. A direct-to-consumer genetic testing company shall:

1. Provide clear and complete information regarding the company's policies and procedures for collecting, using or disclosing genetic data by making available to a consumer both of the following:

(a) A high-level privacy policy overview that includes basic, essential information about the company's collection, use or disclosure of genetic data.

(b) A prominent, publicly available privacy notice that includes information about the company's data collection, consent, use, access, disclosure, transfer, security and retention and deletion practices.

2. Obtain a consumer's consent for collecting, using or disclosing the consumer's genetic data, including:

(a) Initial express consent that clearly describes the uses of the genetic data collected through the genetic testing product or service and that specifies who has access to test results and how the genetic data may be shared.

(b) Separate express consent for any of the following:

(i) Transferring or disclosing the consumer's genetic data to any person other than the company's vendors and service providers.

(ii) Using genetic data beyond the primary purpose of the genetic testing product or service and inherent contextual uses.

(iii) Retaining any biological sample provided by the consumer following completion of the initial testing service requested by the consumer.

(c) Informed consent in compliance with the federal policy for the protection of human research subjects prescribed by 45 Code of Federal Regulations part 46 for transferring or disclosing the consumer's genetic data to third-party persons for research purposes or research conducted under the control of the company for the purpose of publication or generalizable knowledge.

(d) Express consent for marketing to a consumer based on the consumer's genetic data or for marketing by a third-party person to a consumer based on the consumer having ordered or purchased a genetic testing product or service. For the purposes of this subdivision, marketing does not include providing customized content or offers on websites or through applications or services provided by the direct-to-consumer genetic testing company with the first-party relationship to the consumer.

3. Require a valid legal process for disclosing genetic data to law enforcement or any other government agency without a consumer's express written consent.

4. Develop, implement and maintain a comprehensive security program to protect a consumer's genetic data against unauthorized access, use or disclosure.

5. Provide a process for a consumer to do all of the following:

(a) Access the consumer's genetic data.

(b) Delete the consumer's account and genetic data.

(c) Request and obtain the destruction of the consumer's biological sample.

6. Disclose genetic data only in accordance with section 12-2802.

B. Notwithstanding any other provision in this section, a direct-to-consumer genetic testing company may not disclose a consumer's genetic data to any entity offering health insurance, life insurance or long-term care insurance or to any employer of the consumer.
A.R.S. § 44-1527 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1527
44-1527 Failure to supply information or obey subpoena; hearing
Status: in_force

44-1527. Failure to supply information or obey subpoena; hearing

A. If any person fails or refuses to fully comply with a demand or any subpoena issued by the attorney general under sections 44-1524 or 44-1526, the attorney general may file a petition with the superior court and, after notice and hearing on the petition, request the following orders until the person complies with the demand or the subpoena:

1. Adjudging such person in contempt of court.

2. Granting injunctive relief, restraining the sale or advertisement of merchandise by such person which is the subject of the investigation.

3. Granting such other relief as the court may deem proper.

B. If the court determines that the attorney general has reasonable cause to believe that the respondent has engaged in, is engaging in or is about to engage in any act, practice or transaction which is in violation of this article or order or assurance of discontinuance entered under this article, the court shall grant the appropriate relief.

C. If the attorney general determines that disclosure to the respondent of the evidence relied on to establish reasonable cause would not be in the best interests of the investigation, he may request and the court may examine the evidence in camera and thereafter make its determination.
A.R.S. § 44-1378.05 — Arizona Code / Title 44 / Chapter 9 / Article 22 / Section 1378.05
44-1378.05 Homeowner action to recover damages
Status: in_force

44-1378.05. Homeowner action to recover damages

A. A homeowner who is injured as a result of a foreclosure consultant's violation of this article may bring an action against the foreclosure consultant to recover damages caused by the violation, together with reasonable attorney fees and costs.

B. If the homeowner prevails in the action, the court may award punitive damages as determined by a jury or by a court sitting without a jury, but the punitive damages shall be at least one and one-half times the amount awarded to the homeowner as actual damages.
A.R.S. § 44-1615 — Arizona Code / Title 44 / Chapter 11 / Article 2 / Section 1615
44-1615 Waiver prohibited; failure to comply with article
Status: in_force

44-1615. Waiver prohibited; failure to comply with article

A. The requirements and rights set forth in this article may not be waived.

B. If a household goods mover fails to comply with any requirements prescribed in this article, the household goods mover is not eligible for the exemption set forth in section 44-1614.
A.R.S. § 44-307 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 307
44-307 Report of abandoned property
Status: in_force

44-307. Report of abandoned property

A. A holder of property that is presumed abandoned shall make a report to the department concerning the property.

B. The report shall be verified and shall contain all of the following:

1. A description of the property.

2. Except for a traveler's check or money order, the name, if known, the last known address, if any, and the social security number or taxpayer identification number, if readily ascertainable, of the apparent owner of property with a value of at least fifty dollars.

3. An aggregate amount of items with a value of less than fifty dollars each.

4. For an amount of at least fifty dollars held or owing under an annuity or a life or endowment insurance policy, the full name and last known address of the annuitant or insured and of the beneficiary.

5. For property held in a safe deposit box or any other safekeeping depository, an indication of the place where it is held and where it may be inspected by the department and any amount owing to the holder.

6. The date, if any, on which the property became payable, demandable or returnable and the date of the last transaction with the apparent owner of the property.

7. Other information that the department by rule deems necessary for the administration of this chapter.

C. If a holder of property that is presumed abandoned is a successor to another person who previously held the property for the apparent owner or the holder has changed the holder's name while holding the property, the holder shall file with the report the holder's former names, if any, and the known names and addresses of all previous holders of the property.

D. A life insurance company that is a holder of property that is presumed abandoned shall file the report prescribed by this section before May 1, and the report shall cover the prior calendar year.  Any other holder of property that is presumed abandoned shall file the report before November 1 and the report shall cover the last twelve months before July 1 of that year.  A holder may make a onetime election to annually report the property at the same time it reports its income for the purposes of income tax pursuant to title 43.

E. Prior to one hundred twenty days before the holder of property that is presumed abandoned files the report prescribed in this section, the holder shall send a written notice to the apparent owner that states that the holder is in possession of the property subject to this chapter if all of the following apply:

1. The holder has an address in the holder's records for the apparent owner and the records do not indicate that the address is inaccurate.

2. The claim of the apparent owner is not barred by any other law of this state.

3. The value of the property is at least fifty dollars.

F. Before the date for filing the report, the holder of property that is presumed abandoned may request the department to extend the time for filing the report.  The department may grant the extension for good cause. On receipt of the extension, the holder may make an interim payment on the amount the holder estimates will ultimately be due and that payment terminates the accrual of additional interest on the amount paid.

G. If the laws of this state or the terms of the life insurance policy require the insurance company to give notice to the insured or owner that any automatic premium loan provision or other nonforfeiture provision has been exercised and the notice given to an insured or owner whose last known address according to the company's records is in this state is undeliverable, the company shall make a reasonable search to ascertain the policyholder's correct address to which the notice must be mailed.

H. State agencies that hold monies for the payment of void warrants shall report to the department in a format prescribed by the department all warrants voided in the previous month not later than the tenth day of each month.

I. A county treasurer holding excess proceeds that are presumed abandoned pursuant to sections 33-812 and 44-302 shall file the report prescribed by this section on or before November 1.  The report shall cover the prior fiscal year and include a copy of all documentation filed with the county treasurer.
A.R.S. § 44-6704 — Arizona Code / Title 44 / Chapter 20 / Article 1 / Section 6704
44-6704 Surplus parts inventory; credits
Status: in_force

44-6704. Surplus parts inventory; credits

A. Unless this section is specifically waived in writing by the dealer, a supplier shall allow a dealer to periodically, or at least once every twelve months, return a portion of the dealer's surplus parts inventory for credit.  The supplier shall notify the dealer of a time period when a dealer may submit the dealer's surplus parts list and return this inventory. The designated return period shall be at least ninety days. A supplier may stagger return periods for its dealers.

B. If a supplier has not notified its dealer of a specific time period for returning surplus parts within the preceding twelve months, it shall allow the dealer to return surplus parts within sixty days of receiving the dealer's request to make this return.

C. A supplier shall allow surplus parts return on a dollar value of parts equal to ten per cent of the total dollar value of all parts purchased by the dealer from the supplier during either the twelve month period immediately preceding the supplier's notification to the dealer of the supplier's return program or, if subsection B applies, the month the dealer makes a return request. The dealer may elect to return a dollar value of the surplus parts equal to less than ten per cent of the total dollar value of the parts the dealer purchased during the preceding twelve months.

D. A dealer may not return obsolete or superseded parts. However, a dealer may return for credit a part found in the supplier's current returnable parts list or a superseded part that is not the subject of either the supplier's parts return program as of the date the supplier notifies the dealer or, if subsection B applies, as of the date the equipment dealer made a return request.

E. A dealer shall return only new and unused parts to the supplier of these parts.

F. The minimum credit allowed for returned parts is ninety-five per cent of the net price as listed in the supplier's current returnable parts list as of the date that the supplier provides notice of its return program or, if subsection B applies, the date that the dealer submits a request for return.

G. A supplier shall issue credit within ninety days after receiving a return part.

H. This section does not prevent a supplier from charging back to the dealer's account amounts previously paid or credited as a discount incident to the dealer's purchase of goods.
A.R.S. § 44-1354 — Arizona Code / Title 44 / Chapter 9 / Article 11 / Section 1354
44-1354 Assistive device dealers; lessors; notice
Status: in_force

44-1354. Assistive device dealers; lessors; notice

At the time the consumer takes possession of the assistive device, the assistive device dealer or assistive device lessor shall give the consumer the following written notice in fourteen point bold-faced type:

By law the manufacturer is deemed to have provided to you, the purchaser of an assistive device, a one year warranty that begins on the date of the initial delivery to you. This warranty provides that the assistive device will be free from any defect, malfunction or condition that substantially impairs its use, safety or value.

To ensure that you receive the benefits of this warranty, within one year after the initial delivery to you of the assistive device, you must report any problem with the assistive device to the manufacturer, authorized assistive device dealer or assistive device lessor and make the assistive device available for repair by the manufacturer, authorized assistive device dealer or assistive device lessor.

During the warranty period, if any defect, malfunction or condition cannot be repaired after two attempts or if your assistive device is out of service for at least thirty days for repair of any defect, malfunction or condition that substantially impairs the use, safety or value of the assistive device, you are entitled to either a comparable new assistive device or a refund of the full purchase price plus any finance charge and collateral cost minus a reasonable allowance for use. If you are leasing an assistive device you are entitled to either a comparable assistive device or a refund of the amount paid under the written lease plus all collateral costs minus a reasonable allowance for use.

The warranty provided to you by law does not cover any defect, malfunction or condition that results from an accident involving the assistive device or from neglect, modification or alteration of the assistive device by any person other than the manufacturer or the manufacturer's agent or distributor or an authorized assistive device dealer or assistive device lessor and the warranty relieves the manufacturer of liability for repairs in these instances.

A manufacturer may refuse to replace an assistive device or may refuse to refund the purchase price if the problem does not substantially impair the use, safety or value of your assistive device.

A contract or agreement for the sale or lease of an assistive device cannot void any of these rights.
A.R.S. § 44-3134 — Arizona Code / Title 44 / Chapter 13 / Article 3 / Section 3134
44-3134 Contempt; penalty
Status: in_force

44-3134. Contempt; penalty

A. If a person refuses to obey a subpoena or citation issued by the commission, any member of the commission, the director or any officer designated by the commission, the superior court in Maricopa county, on application by the commission, shall issue to the person an order requiring that person to appear before the commission, the director or the officer designated by the commission to produce documentary evidence if so ordered and to give evidence concerning the matter under investigation or in question.  The court may punish failure to obey the order of the court as contempt.

B. In the case of wilful noncompliance with a nondisclosure order included in a subpoena issued pursuant to section 44-3133, on application by the commission, the superior court in Maricopa county may exercise its contempt powers.  For the purposes of this subsection, "wilful" has the same meaning as that prescribed to wilfully in section 1-215.

C. The court shall award reasonable expenses, including attorney fees, to the commission if the refusal to obey a subpoena or citation issued by the commission was not substantially justified, unless other circumstances make an award of expenses unjust.

D. Process in any proceeding pursuant to this section may be served on the defendant in any county of this state in which the defendant transacts business or is found.

E. Any expenses, including attorney fees, collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 44-6705 — Arizona Code / Title 44 / Chapter 20 / Article 1 / Section 6705
44-6705 Cancellation of dealer agreement; repurchase
Status: in_force

44-6705. Cancellation of dealer agreement; repurchase

A. If a dealer agreement is cancelled or not renewed, the supplier shall repurchase the dealer's remaining inventory. The supplier shall also repurchase any specific data processing hardware that the supplier required the dealer to purchase, including computer systems equipment the supplier required for communications purposes. The supplier shall repurchase this equipment at its fair market value.

B. The supplier shall repurchase specialized repair tools purchased by the dealer pursuant to the supplier's requirements. The specialized repair tools shall be unique to the supplier product line and shall be complete and in usable condition. The supplier shall repurchase the specialized repair tools at a price equal to seventy-five per cent of the total invoice amount charged by the supplier to the dealer.

C. The supplier shall pay the dealer one hundred per cent of the net cost of all new, unsold, undamaged and complete equipment that is resalable. The supplier may deduct a reasonable allowance for depreciation due to the dealer's usage and deterioration caused by weather conditions at the dealer's location. The supplier may also deduct all programs and discounts it previously allowed.

D. The supplier shall pay the dealer ninety-five per cent of the current net price of all new, unused and undamaged repair parts and accessories that are listed in the supplier's effective price list or catalog. In computing the amount owed to the dealer the supplier may deduct from the current net price all programs and discounts previously allowed by the supplier to the dealer.

E. The supplier shall pay the dealer five per cent of the current net price on all new, unused and undamaged repair parts the dealer returns to cover the cost of handling, packing and loading. The supplier may perform the handling, packing and loading itself instead of paying this amount. The dealer shall make available to the supplier all equipment previously purchased by the dealer. The dealer shall make this equipment available at the dealer's place of business or at those places where the equipment is located.

F. This section does not require a supplier to repurchase any of the following:

1. A repair part that has a limited storage life or that is subject to deterioration.

2. A single repair part that is priced as a set of two or more items.

3. A repair part that, because of its condition, is not resalable as a new part without being repaired or reconditioned.

4. Inventory for which the equipment dealer is unable to furnish evidence, to the supplier's satisfaction, of good title that is free and clear of all claims, liens and encumbrances.

5. Inventory that the dealer wishes to keep, including lease or rental equipment, if the dealer has a contractual right to do so.

6. Equipment that is not in new, unused, undamaged and complete condition.

7. Equipment that has been used by the dealer or has deteriorated because of weather conditions at the dealer's location unless the supplier receives an allowance for this usage or deterioration. Previously unsold demonstrated equipment that has less than fifty hours of use and that is equipped with an hour meter is new equipment.

8. Repair parts that are not in new, unused and undamaged condition.

9. Inventory that the dealer ordered on or after the date the dealer received the notification of the supplier's termination of the dealer agreement.

10. Inventory that the dealer acquired from any source other than the supplier or the supplier's successor in interest.

G. If a supplier fails or refuses to repurchase inventory as prescribed by this section, the supplier is liable for one hundred ten per cent of the current net price of the inventory plus any freight charges paid by the dealer, interest at the highest legal rate from the date of shipment to the supplier and five per cent of the inventory's current net price to cover handling, packing and loading.
A.R.S. § 44-404 — Arizona Code / Title 44 / Chapter 4 / Article 1 / Section 404
44-404 Attorney fees
Status: in_force

44-404. Attorney fees

The court may award reasonable attorney fees to the prevailing party for any of the following:

1. A claim of misappropriation made in bad faith.

2. A motion to terminate an injunction made or resisted in bad faith.

3. Willful and malicious misappropriation.
A.R.S. § 44-1898 — Arizona Code / Title 44 / Chapter 12 / Article 7 / Section 1898
44-1898 Registration in securities register of securities complying with requirements for registration by qualification; sale of registered securities authorized; delivery of prospectus to purchasers
Status: in_force

44-1898. Registration in securities register of securities complying with requirements for registration by qualification; sale of registered securities authorized; delivery of prospectus to purchasers

A. Except as provided in section 44-1901, the director shall within a reasonable time examine an application for registration of securities by qualification and all documents and exhibits filed therewith. When an applicant has fully complied with the provisions of this article relating to registration by qualification, and the rules of the commission thereunder, the director shall register the securities in a register of securities, subject to the limitations and conditions imposed by the commission in accordance with this chapter, unless the commission finds cause for denial as provided in section 44-1901 or article 8 of this chapter.

B. The director shall, by mail, give notice to the issuer of the effective date of registration.

C. After such registration, the securities may be sold by any registered dealer or by any registered salesman employed by a registered dealer.

D. There shall be delivered to each purchaser of securities registered by qualification, before the conclusion of any contract of sale of such securities, a copy of the prospectus meeting the requirements of section 44-1894, 44-1896, 44-1899 or 44-1901 if the prospectus is used more than one year from the effective date of registration of the securities.
A.R.S. § 44-6812 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6812
44-6812 Lessor's defenses; definition
Status: in_force

44-6812. Lessor's defenses; definition

A. If a lessor establishes by a preponderance of the evidence that a violation of this chapter was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid these errors, a court shall not impose a penalty prescribed in section 44-6811 and validity of the transaction is not affected.

B. A lessor is not liable under this chapter for any failure to comply with any requirement imposed under this chapter if within sixty days after discovering an error, and before the institution of an action under this chapter or the receipt of written notice of the error from the consumer, the lessor notifies the consumer of the error and makes whatever adjustments in the appropriate account that are necessary to correct the error.

C. For the purposes of this section, "bona fide errors" includes clerical errors, calculation errors, errors due to unintentional, improper computer programming or data entry and printing errors but does not include an error of legal judgment with respect to a lessor's obligations under this chapter.
A.R.S. § 44-1972 — Arizona Code / Title 44 / Chapter 12 / Article 11 / Section 1972
44-1972 Notice of and opportunity for hearing; time of hearing
Status: in_force

44-1972. Notice of and opportunity for hearing; time of hearing

A. Before entering an order denying or revoking the registration of any securities as provided in section 44-1901 or article 8 of this chapter the commission shall send to the issuer of the securities, and, if the application for registration of the securities was filed by a registered dealer, to the dealer, a notice of hearing or notice of opportunity for hearing.

B. Before entering an order denying, revoking or suspending except temporarily the registration of a dealer or salesman as provided in article 10 of this chapter, the commission shall send to the dealer or salesman, and, if a salesman, to the registered dealer who employs or intends to employ the salesman, a notice of hearing or notice of opportunity for a hearing.

C. Before entering an order to cease and desist or an order for rescission, restitution or penalties, the commission shall serve on each respondent a notice of a hearing or a notice of an opportunity for a hearing. The commission by rule may provide for temporary cease and desist orders where the public welfare requires immediate action.

D. Notices of hearing or notices of opportunity for a hearing shall be served as prescribed by rules adopted by the commission for service of subpoenas and cease and desist orders.  The notice shall contain a statement of the matters to be considered and, if a notice of opportunity for a hearing, shall set forth that the person to whom the notice is sent will be afforded a hearing upon request to the commission if the request is made in writing within ten days after receipt of the notice.

E. When a person requests a hearing in accordance with this article, the commission shall set a date, time and place for the hearing and shall promptly notify the person requesting the hearing.  The date set for the hearing shall be within sixty days, but not earlier than twenty days, after the request for a hearing has been made, unless otherwise agreed to by both the commission and the person requesting the hearing.  If the hearing is initiated by the commission, the notice of hearing shall specify the date, time and place of the hearing.
A.R.S. § 44-1862 — Arizona Code / Title 44 / Chapter 12 / Article 5 / Section 1862
44-1862 Consent to service of process; service on commission
Status: in_force

44-1862. Consent to service of process; service on commission

A. If consent to service of process is required under this chapter, such consent shall be in the form prescribed by the commission, shall be irrevocable and shall provide that actions arising out of or involving the sale or purchase of any securities in violation of this chapter may be commenced in any court of competent jurisdiction and proper venue within this state against the person executing the consent by the service of process or pleadings on the commission.  The consent to service of process shall appoint the commission.

B. Service of the process or pleading in such action against a person who has filed a consent to service with the commission shall be made by service of duplicate copies, one of which shall be filed in the office of the director and the other immediately forwarded by the director by certified mail to the person against whom the process or pleading is directed at his latest address on file in the office of the director.
A.R.S. § 44-1732 — Arizona Code / Title 44 / Chapter 11 / Article 9 / Section 1732
44-1732 Violation; classification
Status: in_force

44-1732. Violation; classification

A. Any person who violates any of the provisions of this article is guilty of a class 6 felony.

B. The attorney general or county attorney, or both, shall institute the criminal actions to enforce the provisions of this article.

C. An act or practice in violation of this article constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.
A.R.S. § 44-7041 — Arizona Code / Title 44 / Chapter 26 / Article 3 / Section 7041
44-7041 Creation; retention; conversion of written records
Status: in_force

44-7041. Creation; retention; conversion of written records

A. Each governmental agency shall determine if, and the extent to which, the governmental agency will create and retain electronic records and convert written records to electronic records. Any governmental agency that is subject to the management, preservation, determination of value and disposition of records requirements prescribed in sections 41-151, 41-151.12, 41-151.13, 41-151.14, 41-151.15, 41-151.16, 41-151.17 and 41-151.19 and the permanent public records requirements prescribed in section 39-101 shall comply with those requirements.

B. State agencies shall comply with the standards adopted by the department of administration pursuant to title 18, chapter 1.

C. All governmental agencies shall comply with the policies that are established pursuant to section 18-106 and that apply to the use of electronic signatures.
A.R.S. § 44-328 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 328
44-328 Foreign transactions
Status: in_force

44-328. Foreign transactions

This chapter does not apply to property that is held, due and owing in a foreign country and that arises out of a foreign transaction.
A.R.S. § 44-1799.94 — Arizona Code / Title 44 / Chapter 11 / Article 25 / Section 1799.94
44-1799.94 Direct primary care agreements; fees
Status: in_force

44-1799.94. Direct primary care agreements; fees

A. A direct primary care agreement may not require more than twelve months of the periodic fee to be paid in advance.  On discontinuing the agreement all payments prepaid for months following termination of the agreement shall be returned to the patient.

B. A direct primary care agreement shall prohibit the direct primary care provider from submitting a claim for reimbursement to the patient's health care insurer for primary care services that are provided to the patient and that are covered under the direct primary care agreement.

C. A direct primary care agreement may allow the periodic fee and any additional fees for ongoing care under the agreement to be paid by a health care insurer or other third party.
A.R.S. § 44-314 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 314
44-314 Federal deposit insurance corporation trust fund; temporary custody; interest
Status: in_force

44-314. Federal deposit insurance corporation trust fund; temporary custody; interest

A. The federal deposit insurance corporation trust fund is established consisting of monies the department receives from the federal deposit insurance corporation under the unclaimed deposits amendments act of 1993 (P.L. 103-44; 107 Stat. 220; 12 United States Code section 1822(e)).  The department shall administer the fund.  Monies in the fund are continuously appropriated.

B. If the monies deposited in the federal deposit insurance corporation trust fund are not claimed by the owner within ten years after being surrendered to the department, the department shall return the monies to the federal deposit insurance corporation.

C. This state retains all interest earned on the monies in the federal deposit insurance corporation trust fund.  The interest earned on the monies in the federal deposit insurance corporation trust fund shall be credited as follows:

1. Sixty-five per cent in the state general fund.

2. Thirty-five per cent in the housing trust fund established by section 41-3955.
A.R.S. § 44-1677 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1677
44-1677 Issuance of license
Status: in_force

44-1677. Issuance of license

The board of supervisors shall issue a license to conduct an auction of jewelry if it finds the application, inventory, fee and bond are in order, and further finds that the applicant has not been convicted of violating any provision of this article within a period of six years immediately preceding the date of application. The license shall be issued for a period of not more than thirty consecutive days, legal holidays excepted.