A.R.S. § 44-3181 — Arizona Code / Title 44 / Chapter 13 / Article 5 / Section 3181
44-3181 Fees; penalties; abandonment
Status: in_force

44-3181. Fees; penalties; abandonment

A. The annual nonrefundable license fee for each licensed investment adviser and investment adviser representative and the annual nonrefundable notice filing fee for each federal covered adviser shall be paid to the commission on or before the last working day of December. The annual nonrefundable license fee for each investment adviser and the annual nonrefundable notice filing fee prescribed in section 44-3153, subsection F are two hundred fifty dollars and the annual nonrefundable license fee for each investment adviser representative is forty dollars.

B. An investment adviser that fails to timely renew an annual investment adviser or investment adviser representative license or notice filing shall pay a penalty of twenty-five dollars per business day until the appropriate documents and fee are filed, up to a maximum of forty business days.  Failure to timely renew is not a violation of section 44-3151 if the license or notice filing fee and penalty are paid within forty business days. Failure to renew within forty business days may result in additional sanctions as provided in this chapter.

C. The transfer fee for an investment adviser representative transferring that investment adviser representative's license from one investment adviser to another investment adviser is forty dollars.

D. All applications, withdrawals, terminations, transfers, renewals or other filings with the IARD shall be on the forms required by the IARD and shall be accompanied by any reasonable costs charged by the IARD for processing the filings.  Any person who is required to pay a fee pursuant to this section may transmit the fee to the commission through the IARD.

E. The commission shall retain any notice filing or licensure fees that are collected in connection with abandoned applications or notice filings.  A notice filing or an application for licensure is deemed abandoned if both:

1. The notice filing or application has been on file with the commission for at least six months or the applicant or notice filer has failed to respond to a request for information for at least two months after the date of the request.

2. The applicant or notice filer has failed to respond to the commission's notice of warning of abandonment within sixty calendar days after the date of the warning.

F. The fee for submitting fingerprints is the fee that is required by the federal government and the department of public safety.
A.R.S. § 44-1671 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1671
44-1671 Definitions
Status: in_force

44-1671. Definitions

In this article, unless the context otherwise requires:

1. "Auction" means the sale of jewelry at either private or public sale, upon oral or written bids, to the highest bidder, and includes all such sales by whatever name called.

2. "Jewelry" includes gold, platinum, silver, gold-filled or plated ware, diamonds and other precious or semiprecious stones whether mounted or unmounted, cultured pearls, watches, clocks, and goods, wares and merchandise commonly classified as jewelry and commonly offered for sale in jewelry stores.
A.R.S. § 44-3115 — Arizona Code / Title 44 / Chapter 13 / Article 2 / Section 3115
44-3115 Cooperation with other agencies
Status: in_force

44-3115. Cooperation with other agencies

The director shall cooperate with the administrators of investment adviser, investment company and management and similar laws of other states and of the United States and with the national association of securities dealers, inc. with a view to achieving maximum uniformity in the interpretation and enforcement of like provisions of the laws administered by them.
A.R.S. § 44-3296 — Arizona Code / Title 44 / Chapter 13 / Article 11 / Section 3296
44-3296 Administrative penalty
Status: in_force

44-3296. Administrative penalty

A. A person who, in an administrative action, is found to have violated this chapter or any rule or order of the commission may be assessed an administrative penalty by the commission, after a hearing, of not more than one thousand dollars for each violation.

B. Any administrative penalties collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

C. If judicial review has not been sought under title 12, chapter 7, article 6, a certified copy of any commission order requiring the payment of restitution or administrative penalties may be filed in the office of the clerk of the superior court in any county of this state. The clerk shall treat the commission order in the same manner as a judgment of the superior court. A commission order so filed has the same effect as a judgment of the superior court and may be recorded, enforced or satisfied in like manner. No filing fee is required under this section.
A.R.S. § 44-1223 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1223
44-1223 Fraudulent practices relating to motor vehicle odometers; classification
Status: in_force

44-1223. Fraudulent practices relating to motor vehicle odometers; classification

A. It is unlawful for any person to:

1. Advertise for sale, sell, use or install any device which causes the odometer of a motor vehicle to register mileage other than the true mileage driven. For the purposes of this paragraph the true mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance.

2. Operate, with intent to defraud, a motor vehicle on any street or highway knowing that the odometer of such vehicle is disconnected or nonfunctional.

3. Replace, disconnect, turn back or reset the odometer of any motor vehicle with the intent to reduce the number of miles indicated on the odometer.

4. Sell or offer to sell, with intent to defraud, a motor vehicle on which the odometer does not register the true mileage driven.

B. Nothing in this section shall prevent the service, repair or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair or replacement. Where the odometer is incapable of registering the same mileage as before such service, repair or replacement, the odometer shall be adjusted to read "zero" and a notice in writing shall be attached to the left door frame of the vehicle by the owner or his agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced. Any removal or alterations of such notice so affixed shall be unlawful.

C. A person who violates the provisions of this section shall be guilty of a class 1 misdemeanor.
A.R.S. § 44-2016 — Arizona Code / Title 44 / Chapter 12 / Article 15 / Section 2016
44-2016 Duration of appointment of conservator; distributing assets; winding up affairs of violator
Status: in_force

44-2016. Duration of appointment of conservator; distributing assets; winding up affairs of violator

A. A permanent conservator shall administer the affairs until, in the opinion of the court, the appointment is no longer necessary to conserve, protect and preserve, reorganize or further administer the properties and affairs in his possession to protect the rights of all persons in interest. At such time the court shall make a finding to that effect and cause an order to be entered accordingly, and may direct delivery of all the properties and assets in the possession of the conservator to the persons legally entitled thereto.

B. If it appears to the court at any time that the affairs of the violator are incapable of reorganization or that reorganization is not advisable, the court shall make a finding to that effect and cause an order to be entered accordingly, and may provide that the conservator shall thereafter proceed as a receiver for the purpose of winding up the affairs of the violator.
A.R.S. § 44-1037 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1037
44-1037 Notice by creditors of consent to assignment; receipt by creditor of portion of claim as consent
Status: in_force

44-1037. Notice by creditors of consent to assignment; receipt by creditor of portion of claim as consent

Creditors consenting to the assignment shall give the assignee written notice of consent within four months after publication of the notice required under section 44-1035, and a creditor not assenting shall not receive or take any benefit under the assignment. A creditor who has no actual notice of the assignment may make known his assent any time before any distribution of assets is made under the assignment. Receipt by a creditor of any portion of his claim from the assignee is conclusive evidence of the assent of such creditor to the assignment.
A.R.S. § 44-5007 — Arizona Code / Title 44 / Chapter 15 / Article 1 / Section 5007
44-5007 Buyer responsibility; services
Status: in_force

44-5007. Buyer responsibility; services

A. Except as provided in subsection C of section 44-5006, within twenty days after a home solicitation sale has been canceled, the buyer upon demand shall tender to the seller any goods delivered by the seller pursuant to the sale, but he is not obligated to tender at any place other than his own address. If the seller fails to take possession of such goods within twenty days after cancellation the goods shall become the property of the buyer without obligation to pay for them.

B. The buyer shall take reasonable care of the goods in his possession both prior to cancellation and during the following twenty-day period. During the twenty-day period after cancellation, except for the buyer's duty of care, the goods are at the seller's risk.

C. If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to a cancellation fee of five per cent of the cash price, fifteen dollars, or the amount of the cash down payment, whichever is less. If the seller's services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was in at the time the services were rendered.

D. The buyer may not cancel a home solicitation sale if he requests the seller to provide goods or services without delay because of an emergency and the seller in good faith makes a substantial beginning of performance before notice of cancellation, and the goods cannot be returned to the seller in substantially as good condition as when the buyer received them.
A.R.S. § 44-1443 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1443
44-1443 Application for registration
Status: in_force

44-1443. Application for registration

A. Subject to the limitations set forth in this article, any person who is domiciled in this state and who adopts and uses a trademark or service mark, or any person who adopts and uses a trademark or service mark in this state, may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth at least the following information:

1. The name and email and business address of the person applying for such registration and, if a corporation, the state of incorporation.

2. The goods or services in connection with which the mark is used, the mode or manner in which the mark is used in connection with such goods or services and the class in which such goods or services fall.

3. The date when the mark was first used anywhere, and the date when the mark was first used in this state by the applicant or the applicant's predecessor in business.

4. A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this state either in the identical form of the mark or in such near resemblance to the mark as might be calculated to deceive or to be mistaken for the mark.

5. A statement that the applicant has conducted a search and found that the trademark or service mark does not consist of or comprise a mark that so resembles a mark registered in this state or a mark or trade name previously used in this state by another and not abandoned and that, when applied to the goods or services of the applicant, the mark is not likely to cause confusion or mistake or to deceive.

6. A statement whether the applicant previously sought to register the trademark or service mark with the United States patent and trademark office and, if so and the registration was denied, the reasons for the denial.

B. The application shall be:

1. Signed by the applicant, or by a member of the firm or any officer of the corporation or association applying.

2. Accompanied by a specimen or facsimile of the mark in a format specified by the secretary of state by rule.
A.R.S. § 44-1950 — Arizona Code / Title 44 / Chapter 12 / Article 9 / Section 1950
44-1950 Active military duty; compensation
Status: in_force

44-1950. Active military duty; compensation

A salesman who is registered under this chapter and who is a member of the Arizona national guard, the United States armed forces reserves or the regular component of the United States armed forces shall remain eligible to receive compensation for transactions under this chapter while the salesman is on federal active duty or while temporarily with a disability following federal active duty if the salesman's registration is in approved status or has been placed in a specially designated inactive status by the financial industry regulatory authority.
A.R.S. § 44-1826 — Arizona Code / Title 44 / Chapter 12 / Article 3 / Section 1826
44-1826 No-action requests
Status: in_force

44-1826. No-action requests

A. The director may formally respond to written requests from interested persons for interpretative no-action letters that confirm that the division will not institute enforcement proceedings against certain specified persons for engaging in certain specified activities.

B. A person shall submit a no-action request in writing and a nonrefundable filing fee pursuant to section 44-1861, subsection M.  The request shall contain the following:

1. A brief summary of the statutory and regulatory provisions to which the request pertains.

2. A detailed statement of the relevant facts.

3. A detailed discussion and analysis of the law as it relates to the facts.

4. A statement of the legal authority for granting the request.

5. A statement of the reasons a no-action letter is appropriate.

6. A statement explaining any adverse or beneficial effect on the public interest resulting from the granting of the request.

7. A certification that, within the knowledge of the person on whose behalf the request is made, the transaction described is not directly or indirectly the subject of any pending or final judicial, SRO or administrative proceeding.

8. A certification that the transaction described has not been commenced or, if the transaction has commenced, a statement concerning the status.

9. An acknowledgment by the person on whose behalf the request is made that the request, together with any documents or information submitted and any response from the division, is public information that may be released for publication, except as otherwise provided by law.

C. Unless otherwise specified in writing by the division, a no-action letter is limited to the specific security, case, matter, facts, person or transaction described in the request and has no precedential value in any other context.
A.R.S. § 44-1753 — Arizona Code / Title 44 / Chapter 11 / Article 10.1 / Section 1753
44-1753 Prescription medications; ninety-day fill; exceptions
Status: in_force

44-1753. Prescription medications; ninety-day fill; exceptions

A. A plan sponsor or pharmacy benefit manager may not prohibit a retail pharmacy in its network from dispensing a ninety-day fill of a prescription medication pursuant to Arizona state board of pharmacy rules and guidance if either:

1. A ninety-day fill of that medication is allowed by the plan sponsor's pharmacy benefit at any retail pharmacy and the retail pharmacy agrees to the reimbursement rate and the contractual requirements required by the plan sponsor or pharmacy benefit manager.

2. A ninety-day fill is required for that medication by the plan sponsor's pharmacy benefit and the retail pharmacy agrees to the reimbursement rate and the contractual requirements required by the plan sponsor or pharmacy benefit manager.

B. This section does not apply to:

1. Dispensing schedule II or III controlled substances.

2. The Arizona health care cost containment system administration and its contractors as defined in section 36-2901 to the extent the services are provided pursuant to title 36, chapter 29 or 34.
A.R.S. § 44-1272 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1272
44-1272 Telephone seller; registration; business opportunities; late filing penalty
Status: in_force

44-1272. Telephone seller; registration; business opportunities; late filing penalty

A. A seller shall file a verified registration statement with the secretary of state before the seller solicits any consumer from a location in this state or any consumer located in this state.  Each principal of the seller shall sign the registration statement, have the signature notarized and file the statement with the secretary of state along with the annual registration fee prescribed by section 44-1275.  The registration statement expires on June 30 of each year and shall be annually renewed by completing a new registration statement within thirty days before expiration and paying the annual registration fee.  If a seller is delinquent in filing its annual registration statement, the secretary of state may assess a late filing penalty not to exceed one hundred dollars when the seller submits its annual registration statement.  If a seller fails to renew its annual registration statement before September 30 of each year, the seller is unregistered.

B. If, before the expiration of a seller's annual registration, there is a change in any of the information required by subsection C of this section, within ten days of the change the seller shall file a supplemental statement with the secretary of state, except that a seller shall only update quarterly any changes in solicitors hired by the seller.

C. Each registration statement shall contain all of the following information:

1. The true legal name of the seller.

2. The name under which the seller is doing business or intends to do business.

3. The seller's business form and state of organization.

4. If the seller is a corporation or limited liability company, a copy of its articles of incorporation and bylaws and amendments to the bylaws.  If the seller is a partnership or limited liability partnership, a copy of the partnership agreement. If the seller is operating under a fictitious business name, the location where the fictitious name has been registered.

5. The complete street address of the physical location of the principal place of business of the seller, the complete street address of all other locations from which the seller will be conducting business and all telephone numbers for telephones at these locations.

6. For each principal and manager, the true legal name, residence address, telephone number and date of birth and a clear and legible copy of the current driver license or valid government issued photo identification card.  A seller is not required to submit the information required in this section for the seller's employees.

7. For each manager, the address of the business location for which the manager is responsible.

8. For each solicitor, the solicitor's true legal name, business address and telephone number and, for each principal and manager of a solicitor, the true legal name, residence address, telephone number and date of birth and a clear and legible copy of the current driver license or valid government issued photo identification card.  A solicitor is not required to submit the information required in this section for the solicitor's employees.

9. The name and address of the seller's agent in this state who is authorized to receive service of process in this state.

10. A copy of the bond filed with the state treasurer pursuant to section 44-1274.

11. Whether a principal or manager:

(a) Has been convicted or pleaded no contest 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 a currently effective injunction or restrictive order relating to a business activity as a result of an action brought by a public agency or department, including an action affecting a vocational license.  The statement shall include the name of the court, the date of the conviction, the 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.

12. A copy of any:

(a) Script, outline or presentation the seller will require or suggest that a solicitor use, except that if the seller does not require or suggest a script, outline or presentation, a statement that no such document is required or suggested.

(b) Sales information and literature provided by the seller to a solicitor or described by the seller for use by the solicitor, including scripts, outlines, presentations, information on how to conduct telephone sales, sample instructions, sample closings, product information and contest or premium award information.

(c) Sales information and any other literature provided by the seller to a consumer in connection with any solicitation.

13. If the seller is soliciting consumers to purchase a business opportunity or merchandise related to a business opportunity:

(a) The business experience of the seller, including the length of time that the seller has sold the business opportunity being offered to consumers or sold any other business opportunity to consumers.

(b) The names of all businesses for which each principal or manager previously sold business opportunities.

(c) The dates that each principal or manager previously sold business opportunities.

14. If a solicitation involves a business opportunity or merchandise related to a business opportunity:

(a) A factual description of the business opportunity offered to be sold and of the merchandise, training and assistance that the seller will provide to the consumer.

(b) A statement describing any goods, services, signs or fixtures relating to the establishment or the operation of the business opportunity that the consumer is required to purchase, lease or rent directly or indirectly from the seller.

D. If a seller expressly represents or implies to any consumer, directly or through a solicitor, that the consumer is or may be eligible to receive any premium, the seller shall submit with the registration statement another statement setting forth for each premium mentioned:

1. A description of the premium.

2. The value or worth of the premium and the basis for the valuation.

3. All terms and conditions a consumer must satisfy in order to receive the premium.

4. The odds of being able to receive the premium, and if the odds are not calculable in advance, the factors used in calculating the odds.

5. If the consumer will receive fewer than all of the premiums described by the seller:

(a) The manner in which the seller decides which premium the consumer will receive.

(b) The odds of being able to receive each premium, and if the odds are not calculable in advance, the factors used in calculating the odds.

(c) The name and address of each person who within the past twelve months has received the premium having the greatest value and the premium with the smallest odds of being received.

E. If the seller expressly represents or implies to any consumer, directly or through a solicitor, that the seller can or may be able to make a loan, arrange a loan, assist in arranging a loan or assist in providing information that may lead to obtaining a loan, the seller shall submit with the registration statement another statement setting forth:

1. For the previous twenty-four months, the names and addresses of any person who lent money to:

(a) Consumers who responded to the solicitations of the seller's predecessor or the seller's officers or owners or those persons having present management responsibilities or to companies with which they were associated.

(b) The seller's predecessor or the seller's officers or owners or those persons having present management responsibilities or to those companies with which they were associated for them to lend to consumers who responded to solicitations.

2. For the twelve months after the date of the registration, the names and addresses of all persons who informed the seller that they may be able to lend money to consumers solicited by the seller or to the seller for the seller to lend to consumers who respond to the seller's representations that the seller can make a loan, arrange a loan, assist in arranging a loan or assist in providing information that can lead to obtaining a loan.

3. Copies of all contracts between the seller and lenders or prospective lenders who may lend money:

(a) To the seller to lend to consumers who, in conjunction with the seller's business, respond to the seller's representations that the seller can make a loan, arrange a loan, assist in arranging a loan or assist in providing information that can lead to obtaining a loan.

(b) Directly to consumers to whom the seller may represent that it can arrange or assist in providing information that can lead to obtaining a loan.

F. If any change is made to any script, outline, presentation, sales information or literature to be used by a seller during any solicitation, the seller shall submit the new or revised material before it is used.

G. Compliance with the registration and filing requirements of this article by a seller does not constitute an approval or endorsement by this state of the seller's registration documents or conduct.
A.R.S. § 44-2000 — Arizona Code / Title 44 / Chapter 12 / Article 13 / Section 2000
44-2000 Contrary stipulations void
Status: in_force

44-2000. Contrary stipulations void

Any condition, stipulation or provision binding any person acquiring any security to waive compliance with this chapter or chapter 13 of this title or of the rules of the commission is void.
A.R.S. § 44-1531 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1531
44-1531 Violations; civil penalties
Status: in_force

44-1531. Violations; civil penalties

A. If a court finds that any person has wilfully violated section 44-1522, the attorney general upon petition to the court may recover from the person on behalf of the state a civil penalty of not more than ten thousand dollars per violation.

B. For purposes of this section, a wilful violation occurs when the party committing the violation knew or should have known that his conduct was of the nature prohibited by section 44-1522.
A.R.S. § 44-5008 — Arizona Code / Title 44 / Chapter 15 / Article 1 / Section 5008
44-5008 Violation; classification
Status: in_force

44-5008. Violation; classification

Any person who violates any provision of this chapter shall be guilty of a class 3 misdemeanor.
A.R.S. § 44-401 — Arizona Code / Title 44 / Chapter 4 / Article 1 / Section 401
44-401 Definitions
Status: in_force

44-401. Definitions

In this chapter, unless the context otherwise requires:

1. "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means.

2. "Misappropriation" means either:

(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means.

(b) Disclosure or use of a trade secret of another without express or implied consent by a person who either:

(i) Used improper means to acquire knowledge of the trade secret.

(ii) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was derived from or through a person who had utilized improper means to acquire it, was acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use or was derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use.

(iii) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

3. "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity.

4. "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process, that both:

(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
A.R.S. § 44-6804 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6804
44-6804 Disclosures
Status: in_force

44-6804. Disclosures

For each rental-purchase agreement, a lessor shall disclose in the agreement, or as otherwise required in this section, the following items:

1. The frequency with which periodic payments are to be made, the dollar amount of each periodic payment and the total number and total dollar amount of all periodic payments necessary to acquire ownership of the property.

2. A statement that the consumer does not own the rental property until the consumer has paid the total amount necessary to acquire ownership.

3. A statement advising the consumer whether the consumer is liable for loss of or damage to the rental property, and, if so, a statement that this liability does not exceed the fair market value of the rental property as of the time it is lost or damaged.

4. A brief description of the rental property that is sufficient to identify the rental property to the consumer and the lessor, including an identification number, if applicable, and a statement indicating whether the rental property is new or used.

5. The cash price of the rental property.

6. The total of initial payments paid or required on or before consummation of the rental-purchase agreement or delivery of the rental property, whichever is later.

7. A statement that the total amount of payments does not include fees. All fees shall be separately disclosed in the rental-purchase agreement.

8. A statement advising the consumer that the consumer may exercise an early purchase option. The statement shall include a clear summary of the terms of the early purchase option and shall be accompanied by a statement or chart showing the amount required to exercise the consumer's early purchase option after each periodic payment is made pursuant to the rental-purchase agreement. A lessor may disclose the amounts required to exercise an early purchase option either by attaching to the rental-purchase agreement a statement or chart showing all early purchase option amounts if periodic payments are made as scheduled or by providing the consumer with a written statement of each early purchase option amount at the time each periodic payment is made.

9. A statement identifying the party responsible for maintaining or servicing the property while it is being leased and a description of that responsibility.

10. A statement that if any part of a manufacturer's expressed warranty covers the rental property at the time the consumer acquires ownership of the property, it shall be transferred to the consumer, if allowed by the terms of the warranty.

11. The date of the transaction and the identities of the lessor and consumer.

12. A statement that the consumer may terminate the rental-purchase agreement without penalty by voluntarily surrendering or returning the rental property, but any liability for past due rental payments and any damage to the rental property, reasonable wear and tear excepted, survive termination of the rental-purchase agreement.

13. Notice of the right to reinstate a rental-purchase agreement as provided in this chapter.

14. The amount and purpose of any payment, charge or fee in addition to the periodic payments.

15. The cost of rental.
A.R.S. § 44-1534 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1534
44-1534 Costs recoverable
Status: in_force

44-1534. Costs recoverable

In any action brought under the provisions of this article, the attorney general is entitled to recover costs, which in the discretion of the court may include a sum representing reasonable attorney's fees for the services rendered, for the use of the state.
A.R.S. § 44-3154 — Arizona Code / Title 44 / Chapter 13 / Article 4 / Section 3154
44-3154 Licensure application; additional information
Status: in_force

44-3154. Licensure application; additional information

The commission or the director may require submission of additional information regarding an applicant's previous history, record or business experience as the commission or director deems necessary to determine whether an applicant should be licensed as an investment adviser or investment adviser representative in this state.
A.R.S. § 44-1224 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1224
44-1224 Law enforcement, firefighting or emergency medical services products; sales; certification
Status: in_force

44-1224. Law enforcement, firefighting or emergency medical services products; sales; certification

A. It is an unlawful practice pursuant to section 44-1522 for any person to sell or offer to sell any product, not including firearms, that is specifically designed, offered for sale or sold for the personal safety of law enforcement, firefighting or emergency medical services personnel unless the product is tested by an independent laboratory or regulatory agency that certifies all claims of the manufacturer with respect to the purpose and the warranty of fitness of the product.

B. An independent laboratory that conducts testing pursuant to subsection A of this section shall be paid by the entity requesting the test. If an independent laboratory is affiliated with the entity requesting the test, the independent laboratory is prohibited from influencing or regulating the test.
A.R.S. § 44-1372.01 — Arizona Code / Title 44 / Chapter 9 / Article 16 / Section 1372.01
44-1372.01 Regulations; powers of attorney general; cumulative remedies; applicability
Status: in_force

44-1372.01. Regulations; powers of attorney general; cumulative remedies; applicability

A. A person shall not knowingly transmit commercial electronic mail if any of the following apply:

1. The person falsifies electronic mail transmission information or other routing information for unsolicited commercial electronic mail.

2. The mail contains false or misleading information in the subject line.

3. The person uses a third party's internet address or domain name without the third party's consent for the purpose of transmitting electronic mail in a way that makes it appear that the third party was the sender of the mail.

B. If a person sends unsolicited commercial electronic mail or maintains a database for the purpose of sending unsolicited commercial electronic mail, the person shall do the following:

1. Use the exact characters "ADV:" as the first four characters in the subject line of the unsolicited commercial electronic mail.

2. Provide a procedure that allows recipients, at no cost to the recipients, to easily do both of the following:

(a) Remove themselves from the sender’s electronic mail address lists so the recipients are not included in future electronic mailings from the sender. The sender shall have three business days to remove the recipient's electronic mail address from the sender's electronic mail address lists so the recipients are not included in future electronic mailings from the sender.

(b) Restrict the future sale or transfer of the recipient’s electronic mail address information to another person or organization for the purpose of sending commercial electronic mail.

C. Failure to comply with this article 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.

D. This article is in addition to all other causes of action, remedies and penalties available to this state.

E. The prohibitions in this section shall apply to any person doing business in this state and to any person who transmits a commercial electronic mail message by any of the following:

1. From a computer located in this state.

2. To an electronic mail address that the sender knows, or has reason to know, is held by a resident of this state.

3. To an interactive computer service with equipment or its principal place of business in this state.
A.R.S. § 44-6954 — Arizona Code / Title 44 / Chapter 25 / Article 1 / Section 6954
44-6954 Senior residential entrance fee contracts; offer; rescission; disclosure
Status: in_force

44-6954. Senior residential entrance fee contracts; offer; rescission; disclosure

A. A person shall not solicit or enter into or extend the term of a senior residential entrance fee contract as a provider except pursuant to this chapter and after registering with the department as provided in section 44-6952.

B. The senior residential entrance fee contract, or an application agreement if a contract is contemplated to be signed thereafter, shall provide that any person who enters into the contract or application agreement has a period of seven days to rescind the contract or application agreement without penalty or further obligation.  The seven days begins on the first full calendar day after the last to occur of any of the following events:

1. The execution of the contract or application agreement, whichever occurs first, if the proposed form of contract is provided to the person at the time the application agreement is executed.

2. The payment of an initial sum of money as a deposit or application fee.

3. Receipt of the disclosure statements and contents prescribed in subsection D of this section.

C. If a rescission occurs, the provider shall fully refund all monies or property paid or transferred by the person.  A facility shall not require a person to move into a facility until after the expiration of the seven day rescission period.

D. At or before the execution of a senior residential entrance fee contract and the transfer of any money or other property to a provider pursuant to a contract, the provider shall deliver to the person who is executing the senior residential entrance fee contract both of the following:

1. A copy of the provider's most recent certified statement of operations and balance sheet prepared according to generally accepted accounting principles.

2. A disclosure statement that is not longer than two printed pages, that is in plain English and that provides in clear and conspicuous type the following information:

(a) The name of the facility.

(b) The name of the owner of the facility.

(c) The amount of the entrance fee.

(d) The portion of the entrance fee that is or may be refundable to the resident and the terms on which the refund is to be made.

(e) Whether, and by what method, the refundable portion of the entrance fee is insured, guaranteed, secured or otherwise provided for.

(f) A statement that a person who has complaints about an entrance fee contract may contact the consumer fraud section of the attorney general's office.
A.R.S. § 44-1276.01 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1276.01
44-1276.01 Business opportunities; disclosure to consumer
Status: in_force

44-1276.01. Business opportunities; disclosure to consumer

A. A seller who offers or sells a business opportunity and who is required to file a registration statement pursuant to section 44-1272 shall not solicit a consumer from a location in this state or a consumer located in this state unless the seller provides a written disclosure document to the consumer.  The seller shall deliver the written disclosure document to the consumer at least five business days before the earlier of the consumer's execution of a contract imposing a binding legal obligation on the consumer or the payment of any monies, receipt of anything of value or authorization to charge a credit or debit card.

B. The disclosure document shall have a cover sheet that contains only the following information:

1. A title and statement that are printed in at least ten point bold type and that shall appear as follows:

Disclosures Required by Arizona Law

The information contained in this disclosure has not been verified by the state. If you have any questions about your purchase of this business opportunity, seek professional advice before you sign a contract or make any payment.  You are to be provided five business days to review this document before signing a contract or making any payment to the seller or the seller's representative.

2. The seller's name and principal business address and the date of the disclosure document.

C. The disclosure document shall contain at least the following information, which shall be presented in a single document in the following order:

1. A factual description of the business opportunity that the seller is offering to sell to the consumer, including a full and detailed description of the actual goods or services that the seller undertakes to supply to or perform for the consumer and the actual services that the consumer undertakes to perform, including compliance with procedures established by the seller regarding the operation of the business.

2. A statement of the exact sum of the total monies that the seller requires the consumer to pay to a specifically named person or any other person known to the seller who receives any consideration incident to the transaction or which the seller or any person affiliated with the seller collects in whole or in part on behalf of any party in order to obtain or commence the business opportunity operation, including initial fees, deposits, down payments, prepaid rent, equipment and inventory purchases or marketing expenses.  The seller shall disclose if all or part of these fees or deposits are returnable under certain conditions or if all or part of the fees or deposits are not returnable.

3. A statement describing any recurring monies that the consumer is or may be asked to pay to any person in connection with carrying on the business opportunity, including advertising, training, royalty, lease or rental fees or equipment or inventory purchases.

4. A statement advising consumers as follows, "as required by Arizona law, the seller has filed its annual registration statement with the Arizona secretary of state."

5. A statement advising consumers of one of the following:

(a) "As required by Arizona law, the seller has secured a bond issued by _________________ (name and address of surety company), a surety company authorized to do business in Arizona."

(b) "As required by Arizona law, the seller has deposited with the Arizona state treasurer a cash deposit in the amount of one hundred thousand dollars."

6. A statement disclosing the name of each person, including the seller and its affiliates, with whom the seller directly or indirectly requires or advises the consumer to do business.

7. A statement describing any goods, services, real estate, inventories, signs or fixtures relating to the establishment or the operation of the business opportunity that the seller directly or indirectly requires the consumer to purchase, lease or rent.  If the purchase, lease or rental is made from specific persons including the seller, a list of the names and addresses of each person shall appear on the disclosure document or in a separate document that is delivered to the consumer with the disclosure document if the existence of the separate document is disclosed in the disclosure document.

8. A statement of all material terms and conditions of any financing arrangement the seller or any person affiliated with the seller offers, directly or indirectly, to the consumer and a description of the terms of payment to the seller from any person offering financing to a prospective consumer and from any person arranging for financing for a prospective consumer.

9. A statement that the seller must provide a written notice of cancellation pursuant to section 44-1276.
A.R.S. § 44-1799.71 — Arizona Code / Title 44 / Chapter 11 / Article 23 / Section 1799.71
44-1799.71 Unlawful public sale of animals; civil penalty; definitions
Status: in_force

44-1799.71. Unlawful public sale of animals; civil penalty; definitions

A. In a county with a population of eight hundred thousand persons or more, a person commits the unlawful public sale of animals by knowingly selling an animal on:

1. Any public highway, street or park or any public property adjacent to a public highway, street or park.

2. Any commercial private property without the express consent of the owner or lessee of the property.

B. Subsection A does not apply to:

1. Retail sales on the premises of a pet store.

2. Sales by a publicly operated or private, charitable nonprofit pound, humane society, animal rescue organization or educational or agricultural organization.

3. Any rodeo, auction market, county fair, stock show or other sanctioned livestock exhibit event.

C. A person who is found responsible for a violation of this section is subject to a civil penalty of not more than fifty dollars.

D. For the purposes of this section:

1. "Animal" means any living species of mammal, bird, amphibian or reptile.

2. "Pet store" has the same meaning prescribed in section 44-1799.
A.R.S. § 44-1797.03 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.03
44-1797.03 Cash deposit in lieu of bond
Status: in_force

44-1797.03. Cash deposit in lieu of bond

A. In lieu of furnishing the bond as required by section 44-1797.01, the seller may deposit with the state treasurer a cash deposit in a like amount or by any of the following:

1. Certificates of deposit issued by banks doing business in this state and insured by the federal deposit insurance corporation.

2. Investment certificates for share accounts issued by a savings and loan association or credit union doing business in this state and insured by the federal savings and loan insurance corporation or the national credit union administration, whichever appropriate.

3. Bearer bonds issued by the United States government or by this state.

B. The financial instruments cited in the foregoing paragraphs shall be assigned to the state treasurer for the principal amount with any interest earned assigned to the depositor.

C. The state treasurer shall maintain cash deposited pursuant to this section in an interest bearing trust account on behalf of the depositor. Deposits plus accrued interest may be withdrawn, if there are no outstanding claims against them, two years after the discount buying organization ceases to do business as such in this state. Deposits may be withdrawn sixty days after the filing of a surety bond as a replacement to the cash deposit.
A.R.S. § 44-1735 — Arizona Code / Title 44 / Chapter 11 / Article 9 / Section 1735
44-1735 Pyramid promotional scheme; prohibition; defenses excluded
Status: in_force

44-1735. Pyramid promotional scheme; prohibition; defenses excluded

A. A person shall not establish, operate, advertise or promote a pyramid promotional scheme.

B. A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan or operation does not change the identity of the scheme as a pyramid promotional scheme nor is it a defense under this article that a participant, on giving consideration, obtains any goods, services or intangible property in addition to the right to receive compensation.
A.R.S. § 44-1722 — Arizona Code / Title 44 / Chapter 11 / Article 8 / Section 1722
44-1722 Registration of name or mark; notice
Status: in_force

44-1722. Registration of name or mark; notice

To designate ownership of a particular name or mark, the owner of a container may either:

1. Use as a name or mark a trademark or trade name that the owner of the container has registered with the secretary of state pursuant to chapter 10, articles 3 and 3.1 of this title.

2. Use as a name or mark the owner's legal corporate name.
A.R.S. § 44-1212 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1212
44-1212 False report to principal by agent; classification
Status: in_force

44-1212. False report to principal by agent; classification

A commission merchant, broker, agent, factor or consignee who knowingly and with intent to defraud makes to his principal or consignor a false statement concerning the price obtained for, or the quality or quantity of property consigned or entrusted to him for sale, is guilty of a class 2 misdemeanor.
A.R.S. § 44-2036 — Arizona Code / Title 44 / Chapter 12 / Article 16 / Section 2036
44-2036 Administrative penalty
Status: in_force

44-2036. Administrative penalty

A. A person who, in an administrative action, is found to have violated any provision of this chapter or any rule or order of the commission may be assessed an administrative penalty by the commission, after a hearing, in an amount of not to exceed five thousand dollars for each violation.

B. Any penalties collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

C. If judicial review has not been sought under title 12, chapter 7, article 6, a certified copy of any commission order requiring the payment of restitution or administrative penalties may be filed in the office of the clerk of the superior court in any county of this state. The clerk shall treat the commission order in the same manner as a judgment of the superior court. A commission order so filed has the same effect as a judgment of the superior court and may be recorded, enforced or satisfied in like manner. No filing fee is required under this section.
A.R.S. § 44-1798.01 — Arizona Code / Title 44 / Chapter 11 / Article 15 / Section 1798.01
44-1798.01 Sales representative contract
Status: in_force

44-1798.01. Sales representative contract

A. The sales representative and the principal shall enter into a written contract.  The contract shall set forth the method by which the sales representative's commission is to be computed and paid.

B. The principal shall provide each sales representative with a signed copy of the contract. The principal shall obtain a signed receipt for the contract from each sales representative.
A.R.S. § 44-1220.01 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1220.01
44-1220.01 Fraudulent fire insurance application or claim; classification
Status: in_force

44-1220.01. Fraudulent fire insurance application or claim; classification

A person who knowingly provides false or fraudulent material information to or withholds material information from an insurance producer on an application for fire insurance or who presents a false or fraudulent claim or proof in support of such claim, upon a contract of insurance for payment of any loss, or who knowingly prepares, makes or subscribes to a false account, certificate of survey, affidavit or proof of loss, or other false book, paper or writing, with intent to present or use it or allow it to be presented or used in support of such claim is guilty of a class 5 felony.
A.R.S. § 44-7852 — Arizona Code / Title 44 / Chapter 36 / Article 1 / Section 7852
44-7852 Private party firearms transfer; state or political subdivision encumbrance prohibited
Status: in_force

44-7852. Private party firearms transfer; state or political subdivision encumbrance prohibited

This state or any political subdivision of this state may not enact or implement any additional fee, tax, assessment, lien or other encumbrance on the transfer of a firearm between two private parties who are not prohibited possessors under state or federal law.
A.R.S. § 44-1291 — Arizona Code / Title 44 / Chapter 9 / Article 7 / Section 1291
44-1291 Definitions
Status: in_force

44-1291. Definitions

In this article, unless the context otherwise requires:

1. "Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including the inner and outer panels.

2. "Installer" means an individual who actually does the work of replacing or repairing parts of a motor vehicle.

3. "Nonoriginal equipment manufacturer aftermarket crash part" means an aftermarket crash part which is not made for or by the manufacturer of the motor vehicle.

4. "Repair facility" means a motor vehicle dealer, garage, body shop or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.
A.R.S. § 44-2039 — Arizona Code / Title 44 / Chapter 12 / Article 16 / Section 2039
44-2039 Securities regulatory and enforcement fund; purpose
Status: in_force

44-2039. Securities regulatory and enforcement fund; purpose

A. The securities regulatory and enforcement fund is established and shall be administered by the commission under the conditions and for the purposes provided by this section.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing.

B. Fees collected pursuant to section 44-1861, subsections A, D and P and section 44-3324 shall be deposited, pursuant to sections 35-146 and 35-147, in the securities regulatory and enforcement fund, except as provided in subsection D of this section and except that all other revenues collected in each fiscal year in excess of the amount appropriated from the fund by the legislature shall be deposited in the state general fund.

C. Monies in the fund are subject to legislative appropriation.  The commission shall use the monies in the fund for education and regulatory, investigative and enforcement operations in the securities division and a part of general administrative and hearing expenses of the commission.

D. On February 1 and June 30 of each year, monies deposited in the securities regulatory and enforcement fund pursuant to section 44-3324 are transferred to the state general fund.
A.R.S. § 44-1231 — Arizona Code / Title 44 / Chapter 9 / Article 2.1 / Section 1231
44-1231 Definitions
Status: in_force

44-1231. Definitions

In this article, unless the context otherwise requires:

1. "Authentic Indian arts and crafts" means any product which is Indian handcrafted and is not made by machine or from unnatural materials, except stabilized or treated turquoise.

2. "Findings" means an ingredient part of the product which adapts the product for wearing or display, including silver beads, leather backing, binding material, bolo tie clips, tie bar clips, tie tack pins, earring pins, earring clips, earring screw backs, cuff link toggles, money clips, pin stems, combs or chains.

3. "Indian" means a person who is enrolled or who is a lineal descendant of one enrolled upon an enrollment listing of the bureau of Indian affairs, or upon the enrollment listing of a recognized Indian tribe domiciled within the United States border.

4. "Indian handcrafted" means the skillful and expert use of the hands in making products solely by Indians within the United States, including the use of findings, hand tools and equipment for buffing, polishing, grinding, drilling or sewing.

5. "Made by machine" means the producing or reproducing of a product in mass production by mechanically stamping, casting, blanking or weaving.

6. "Natural turquoise" means turquoise, exclusive of any backing material, whose composition has not been chemically or otherwise altered.

7. "Nonauthentic Indian arts and crafts" means any product which is made to imitate or resemble authentic Indian arts and crafts and which is either:

(a) Not Indian handcrafted.

(b) Made by machine or from unnatural materials, except stabilized or treated turquoise.

8. "Reconstituted turquoise" means dust and turquoise particles which are mixed with plastic resins and are compressed into a solid form so as to resemble natural turquoise.

9. "Stabilized turquoise" means turquoise which has been chemically hardened, but not adulterated so as to change the color of the natural mineral.

10. "Synthetic turquoise" means any compound or mineral which is manufactured or treated so as to closely approximate turquoise in appearance.

11. "Treated turquoise" means turquoise which has been altered to produce a change in the coloration of the natural mineral.

12. "Turquoise" means a hydrous copper sulphate, containing aluminum salts, plus iron.

13. "Unnatural turquoise" means any substance which is not natural turquoise, including stabilized turquoise, treated turquoise, reconstituted turquoise or synthetic turquoise.
A.R.S. § 44-291 — Arizona Code / Title 44 / Chapter 2.1 / Article 1 / Section 291
44-291 Computation of interest; prepayment rebate; additional charges; secondary motor vehicle finance transaction; definitions
Status: in_force

44-291. Computation of interest; prepayment rebate; additional charges; secondary motor vehicle finance transaction; definitions

A. Except as provided in subsections G and H of this section, under a retail installment contract it is lawful to charge and receive interest not to exceed the maximum rate set by contract.

B. The finance charge may be computed either at a single annual percentage rate using the actuarial method or it may be precomputed on the assumption that all payments will be made in the amount and on the dates scheduled. If the finance charge is precomputed, the fact that payments are made either before or after the date due does not affect the amount of finance charge which the seller or holder may charge or receive. If the precomputed contract balance is prepaid in full by cash, a new loan, refinancing or otherwise, the seller or holder shall charge only for the finance charge which has been earned and unpaid late payment or delinquency charges as of the date of prepayment, and the buyer shall receive a rebate of that portion of the precomputed finance charge which is the difference between the total precomputed finance charges and the charges at the contract finance charge computed on the unpaid principal balance based on the number of days or months to maturity based on either a thirty day month - three hundred sixty day year or daily three hundred sixty-five or three hundred sixty-six day year on the number of days remaining to final maturity, except that the number of days shall be the same as that used in calculating the finance charge as prescribed in subsection C of this section. The amount of such rebate shall not be computed pursuant to the method commonly known as the "rule of 78's". To simplify the calculation of earned finance charge, it is permissible to assume that all payments were made as originally scheduled or as otherwise mutually agreed.

C. It is permissible to calculate a finance charge on an annual basis of twelve months of thirty days each, or on a daily basis if a day is counted as 1/360th, 1/365th, or 1/366th of a year, as the buyer and seller or holder may agree by writing. The seller or holder may also charge a late payment or delinquency charge, in addition to all finance charges permitted, on each installment not paid in full on the tenth day after its due date in an amount not to exceed five per cent of the unpaid balance of the installment.

D. In addition to the cash sale price of the vehicle, the seller may charge for any insurance premiums incurred in connection with the retail installment transaction.

E. Notwithstanding the late payment or delinquency charge provided in subsection C of this section, in a commercial transaction, the seller or holder may charge a late payment or delinquency charge, in addition to all finance charges permitted, on each installment not paid in full on the tenth day after its due date in an amount of not more than five per cent of the unpaid balance of the installment.

F. Any sales finance company may purchase or acquire or agree to purchase or acquire from any seller any contract on such terms and conditions as may be agreed on between them. Filing of the assignment notice to the buyer of the assignment and any requirement that the holder maintain dominion over the payments or the motor vehicle if repossessed is not necessary to the validity of a written assignment of a contract as against creditors, subsequent purchasers, pledgees, mortgagees and lien claimants of the seller. Unless the buyer has notice of the assignment of his contract, payment under the contract made by the buyer to the last known holder of such contract is binding on all subsequent holders.

G. If the retail installment contract is a secondary motor vehicle finance transaction, the seller, bailor, lender or lessor shall determine the annual secondary motor vehicle finance rate and all charges relating to the sale, conditional sale, bailment or lease and repurchase of the vehicle.  The seller, bailor, lender or lessor shall calculate the annual secondary motor vehicle finance rate by multiplying the monthly secondary motor vehicle finance rate by twelve.  A retail installment contract that is a secondary motor vehicle finance transaction is subject to the following maximum finance rates on a secondary motor vehicle finance contract in the original principal amount of:

1. Five hundred dollars or less, a monthly finance rate of seventeen per cent.

2. More than five hundred dollars but not more than two thousand five hundred dollars, a monthly finance rate of fifteen per cent.

3. More than two thousand five hundred dollars but not more than five thousand dollars, a monthly finance rate of thirteen per cent.

4. More than five thousand dollars, a monthly finance rate of ten per cent.

H. Except as the result of an accidental or bona fide error, if the licensee charges, contracts for or receives any amount in excess of the finance charges and other fees expressly permitted by this chapter, the secondary motor vehicle transaction is voidable and the licensee has no right to collect or receive any principal, finance charges or other fees in connection with that secondary motor vehicle finance transaction.  Any secondary motor vehicle finance transaction that is made by a person who is required to be licensed pursuant to this chapter but who is not licensed is void, and the person has no right to collect, receive or retain any principal, finance charges or other fees in connection with that secondary motor vehicle finance transaction.

I. Section 44-287, subsection B does not apply to a secondary motor vehicle finance transaction if the contract complies with the disclosure requirements prescribed in federal law.  The seller shall conspicuously disclose in the contract the annual secondary motor vehicle finance rate.

J. For the purposes of this section:

1. "Actuarial method" means the method of allocating payments made on a debt between the unpaid principal balance and the finance charge pursuant to which a payment is applied first to the finance charge due and any remainder is subtracted from the unpaid principal balance.

2. "Commercial transaction" means a transaction in which the motor vehicle is intended by the borrower for use primarily for other than personal, family or household purposes.
A.R.S. § 44-1701 — Arizona Code / Title 44 / Chapter 11 / Article 7 / Section 1701
44-1701 Definitions
Status: in_force

44-1701. Definitions

In this article, unless the context otherwise requires:

1. "Buyer" means any natural person who is solicited to purchase or who purchases the services of a credit services organization.

2. "Credit services organization" means a person who, with respect to the extension of credit by others, sells, provides, performs or represents that he can or will sell, provide or perform any of the following services in return for the payment of monies or other valuable consideration:

(a) Improving a buyer's credit record, history or rating.

(b) Obtaining an extension of credit for a buyer.

(c) Providing advice or assistance to a buyer with regard to either subdivision (a) or (b) of this paragraph.

3. "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment, which is offered or granted primarily for personal, family or household purposes.
A.R.S. § 44-1378 — Arizona Code / Title 44 / Chapter 9 / Article 22 / Section 1378
44-1378 Definitions
Status: in_force

44-1378. Definitions

In this article, unless the context otherwise requires:

1. "Covered service" includes:

(a) Financial counseling, including debt counseling and budget counseling to assist a homeowner in connection with the homeowner's residence in foreclosure.

(b) Receiving money for the purpose of distributing it to creditors in payment or partial payment of any obligation secured by a mortgage or other lien on a residence in foreclosure.

(c) Contacting a creditor on behalf of a homeowner.

(d) Arranging or attempting to arrange an extension of the period within which a homeowner may cure the homeowner's default and reinstate the homeowner's obligation pursuant to a note, mortgage or deed of trust.

(e) Arranging or attempting to arrange any delay or postponement of the time of a foreclosure sale.

(f) Advising the filing of any document or assisting in any manner in the preparation of any document for filing with the United States bankruptcy court.

(g) Giving any advice, explanation or instruction to a homeowner that relates to the cure of a default in or the reinstatement of an obligation secured by a mortgage or other lien on the residence in foreclosure, to the full satisfaction of the obligation or to the postponement or avoidance of a foreclosure sale.

2. "Foreclosure consultant" means a person who, directly or indirectly, makes any solicitation, representation or offer to a homeowner to perform for compensation or who, for compensation, performs any covered service that the person represents will do any of the following:

(a) Prevent or postpone a foreclosure sale.

(b) Obtain any forbearance from any mortgagee or beneficiary of a deed of trust.

(c) Assist the homeowner to exercise the right of reinstatement provided in the legal documents.

(d) Obtain any extension of the period within which the homeowner may reinstate the homeowner's obligation.

(e) Obtain any waiver of an acceleration clause contained in any promissory note or contract secured by a mortgage on a residence in foreclosure or included in the mortgage or deed of trust.

(f) Assist the homeowner in foreclosure or loan default to obtain a loan or advance of money.

(g) Avoid or ameliorate the impairment of the homeowner's credit resulting from the recording of a notice of sale or the occurrence of a foreclosure sale.

(h) Save the homeowner's residence from foreclosure.

(i) Assist the homeowner to accomplish a foreclosure reconveyance.

3. "Foreclosure reconveyance" means a transaction that involves both of the following:

(a) The transfer of title to a residence in foreclosure by a homeowner during a foreclosure proceeding by either:

(i) The transfer of an interest in the residence in foreclosure from the homeowner.

(ii) The creation of a mortgage or other lien during the foreclosure process that allows the acquirer to obtain title to the residence in foreclosure by redeeming the property as a junior lienholder.

(b) The subsequent conveyance or promise of a subsequent conveyance of an interest in the residence to the former homeowner by the acquirer, or a person acting in concert with the acquirer, that allows the former homeowner to remain in possession of the residence following the completion of the foreclosure proceeding.  For the purposes of this subdivision, "interest in the residence" includes an interest in a contract for a deed, a purchase agreement and an option to purchase or lease.

4. "Foreclosure sale" means the sale of real property to enforce an obligation secured by a mortgage or lien on the property, including the exercise of a trustee's power of sale.

5. "Holder of evidence of debt" means the person in actual possession of or otherwise entitled to enforce an evidence of debt but does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust.

6. "Homeowner" means the record owner of a residence in foreclosure at the time the notice of the pendency of an action for foreclosure or the recording of a notice of sale pursuant to section 33-808.

7. "Residence in foreclosure" means residential real property consisting of not more than four family dwelling units, one of which the homeowner occupies as a principal place of residence, and against which there is recorded an outstanding notice of the pendency of an action for foreclosure or notice of sale pursuant to section 33-808.
A.R.S. § 44-1692 — Arizona Code / Title 44 / Chapter 11 / Article 6 / Section 1692
44-1692 Permissible use of consumer reports
Status: in_force

44-1692. Permissible use of consumer reports

A. Except as provided in section 44-1693, a consumer reporting agency may furnish a consumer report only under the following circumstances and no other:

1. In response to the order of a court having jurisdiction to issue such an order.

2. In accordance with the written instructions of the consumer to whom it relates.

3. To a person that it has reason to believe:

(a) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer.

(b) Intends to use the information for employment purposes.

(c) Intends to use the information in connection with the underwriting of insurance involving the consumer.

(d) Intends to use the information in connection with a determination of the consumer's eligibility for any license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status.

(e) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer.

4. On request by the department of economic security, its agent or another agency administering a title IV-D program under the social security act certifying that:

(a) The obligor mother or the obligor father has been determined to be the parent of a child to whom a support obligation relates.

(b) The consumer report is needed to establish an obligor's capacity to make support payments or to determine the appropriate amount of the payments or for the purpose of setting an original support amount or modifying an existing support order.

(c) The obligor has received at least ten days' advance notice, by certified mail, at the last known address, by personal delivery or by personal service that a consumer report will be requested.

(d) The consumer report shall be kept confidential and shall be used only for the purposes described in subdivision (b) of this paragraph.

(e) The consumer report shall not be used in connection with any other civil, administrative or criminal proceeding or for any other purpose.

B. The report furnished in subsection A of this section may be provided by electronic or other means.
A.R.S. § 44-1279 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1279
44-1279 Civil remedies
Status: in_force

44-1279. Civil remedies

A consumer may rescind a sale by an unregistered seller at any time. The consumer may recover any purchase monies paid to the unregistered seller, financial damages caused by the unregistered seller and reasonable attorney fees and costs.
A.R.S. § 44-1367 — Arizona Code / Title 44 / Chapter 9 / Article 14 / Section 1367
44-1367 Credit card transaction receipts; applicability; enforcement; definition
Status: in_force

44-1367. Credit card transaction receipts; applicability; enforcement; definition

A. Except as provided in subsection B of this section, a person who enters into a contract for the purpose of providing that person or another person with the means of accepting payment by credit card in exchange for goods or services shall not allow to be printed more than the last five digits of the credit card account number or the credit card expiration date on a credit card receipt provided to the cardholder.

B. This section applies only to receipts that are electronically printed and does not apply to transactions in which the sole means of recording the credit card number is by handwriting or by an imprint or copy of the credit card.

C. 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.

D. This section is effective from and after:

1. June 30, 2002 for any person described in subsection A of this section who begins accepting payment by credit card in exchange for goods or services on or after July 1, 2002.

2. June 30, 2004 for any person described in subsection A of this section who began accepting payment by credit card in exchange for goods or services on or before June 30, 2002.

E. For the purposes of this section "credit card" has the same meaning prescribed in section 13-2101.
A.R.S. § 44-2031 — Arizona Code / Title 44 / Chapter 12 / Article 16 / Section 2031
44-2031 Jurisdiction and venue of offenses and actions; joinder of spouse
Status: in_force

44-2031. Jurisdiction and venue of offenses and actions; joinder of spouse

A. The superior court in this state shall have jurisdiction over violations of this chapter, the rules and orders of the commission under this chapter and all actions brought to enforce any liability or duty created under this chapter, except actions or proceedings brought under section 44-2032, paragraph 2, 3 or 4 or appeals filed under article 12 of this chapter, over which the superior court in Maricopa county shall have exclusive jurisdiction.

B. Any action authorized by this chapter may be brought in the county in which the defendant is found, is an inhabitant or transacts business, or in the county where the transaction took place, and in such cases, process may be served in any other county in which the defendant is an inhabitant or in which the defendant is found.

C. The commission may join the spouse in any action authorized by this chapter to determine the liability of the marital community.  This subsection does not authorize the commission to join any individual who is divorced from the defendant at the time an action authorized by this chapter is filed.
A.R.S. § 44-308 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 308
44-308 Payment or delivery of abandoned property
Status: in_force

44-308. Payment or delivery of abandoned property

A. On filing the report prescribed in section 44-307, the holder of property that is presumed abandoned shall pay, deliver or cause to be paid or delivered to the department the property described in the report as unclaimed. If the property is an automatically renewable deposit and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result.  The holder of tangible property held in a safe deposit box or any other safekeeping depository shall deliver the property to the department on filing the report prescribed in section 44-307.

B. If the property reported to the department is a security or security entitlement pursuant to title 47, chapter 8, the department may make an endorsement, instruction or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with title 47, chapter 8.

C. If the holder of property reported to the department is the issuer of a certificated security, the department has the right to obtain a replacement certificate pursuant to section 47-8405, but an indemnity bond is not required.

D. If the property reported to the department is a digital asset, the holder shall report and deliver the digital asset in its native form to the department or the department's designated qualified custodian within thirty days after reporting the property abandoned. On direction by the department, the qualified custodian may stake to receive rewards or receive airdrops. On the expiration of three years after the date the digital asset was transferred to the qualified custodian and if the property remains unclaimed, any airdrops or staking rewards shall be transferred to the bitcoin and digital asset reserve fund established by section 41-180. If the holder only possesses a partial private key to the digital asset or is unable to move the digital asset, the holder shall maintain the digital asset until the additional keys required to transfer the digital asset become available. For the purposes of this subsection, "qualified custodian" means any of the following that is licensed in this state to sell digital assets and offer custody services to customers:

1. A company.

2. A federal or state chartered bank.

3. A trust company.

4. A special purpose depository institution.

E. An issuer, the holder and any transfer agent or other person who acts pursuant to the instructions and on behalf of the issuer or holder in accordance with this section are not liable to the apparent owner and are indemnified against all claims of any person in accordance with section 44-310.

F. Each month a holder of property reported pursuant to section 44-307, subsection H shall remit the property with the report of property presumed abandoned or other form prescribed by the department.
A.R.S. § 44-1342 — Arizona Code / Title 44 / Chapter 9 / Article 10 / Section 1342
44-1342 Tattoo needles and waste; disposal; civil penalty
Status: in_force

44-1342. Tattoo needles and waste; disposal; civil penalty

A. A tattoo needle and any waste exposed to human blood that is generated in the creation of a tattoo shall be disposed of in the same manner as biohazardous medical waste pursuant to section 49-761.

B. A person who disposes of a tattoo needle or any waste generated in the creation of a tattoo in violation of this section is liable for a civil penalty of up to five hundred dollars for each violation.
A.R.S. § 44-318 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 318
44-318 Action to establish claim; attorney fees
Status: in_force

44-318. Action to establish claim; attorney fees

A person who is aggrieved by a decision of the department, or whose claim has not been decided within ninety days after filing the claim, may begin an original action in superior court to establish the claim by naming the department as a defendant.  The person shall file the action in superior court within ninety days after the decision of the department or within one hundred eighty days after the filing of the claim if the department has failed to make a decision.  If the aggrieved person establishes the claim in an action against the department, the court may award the claimant reasonable attorney fees.
A.R.S. § 44-1946 — Arizona Code / Title 44 / Chapter 12 / Article 9 / Section 1946
44-1946 Registration in register of dealers and salesmen of applicant complying with requirements
Status: in_force

44-1946. Registration in register of dealers and salesmen of applicant complying with requirements

A. If an applicant has fully complied with the provisions of this article and the rules of the commission thereunder the director shall register the applicant as a salesman in a register of dealers and salesmen, unless the commission finds cause for denial as provided for in article 10 of this chapter.

B. When the director has registered an applicant as a salesman he shall promptly notify the applicants of the registration by mail or by the CRD system.
A.R.S. § 44-7157 — Arizona Code / Title 44 / Chapter 28 / Article 1 / Section 7157
44-7157 Fraud ban disclosures
Status: in_force

44-7157. Fraud ban disclosures

A. An online dating service shall provide notice to all of its members in this state who the online dating service knows have previously received and responded to an on-site message from another member who is subject to a fraud ban.  The notice shall include all of the following:

1. The username, identification number or other profile identifier of the banned member.

2. A statement that the banned member may have been using a false identity or may attempt to defraud other members.

3. A statement that members should not send monies or personal financial information to another member.

4. A hyperlink that provides information regarding ways to avoid online fraud or being defrauded by a member of an online dating service.

B. The notification required by subsection A of this section shall be all of the following:

1. Clear and conspicuous.

2. Sent via email, text message or other appropriate means of communication consented to by the member.

3. Sent within twenty-four hours after the fraud ban is initiated against the banned member, except that notification may be sent within three days after the fraud ban is initiated if, in the judgment of the online dating service, circumstances require additional time.

C. An online dating service whose agents and employees are acting in good faith is not liable to any person, other than this state or any agency, department or political subdivision of this state:

1. For the means of communication used to notify a member.

2. When notification is sent pursuant to this section.

3. For disclosing any of the following:

(a) That a member has been banned.

(b) The username, identification number or other profile identifier of the banned member.

(c) The reason that the online dating service initiated the fraud ban of a member.

D. This section does not create a private right of action or diminish or adversely affect the protections afforded in 47 United States Code section 230.
A.R.S. § 44-1531.02 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1531.02
44-1531.02 Consumer restitution and remediation revolving fund; subaccounts; annual report
Status: in_force

44-1531.02. Consumer restitution and remediation revolving fund; subaccounts; annual report

A. The consumer restitution and remediation revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by this section. On notice from the attorney general, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the appropriate subaccount of the fund.

B. The consumer restitution subaccount of the consumer restitution and remediation revolving fund is established consisting of monies collected or received by the attorney general as the result of an order of a court of competent jurisdiction, or as the result of a settlement or compromise, for the purpose of compensating specific, identifiable persons, including this state, for economic loss resulting from violations or alleged violations of consumer protection laws. The attorney general shall administer the subaccount. Monies in the subaccount are continuously appropriated. Monies in the subaccount are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The attorney general shall distribute monies in the subaccount to specific, identifiable persons as directed by a court order. The attorney general may distribute any unexpended monies in the consumer restitution subaccount to the consumer protection–consumer fraud revolving fund established by section 44-1531.01.

C. The consumer remediation subaccount of the consumer restitution and remediation revolving fund is established consisting of monies collected or received by the attorney general from a party as the result of an order of a court of competent jurisdiction, or as the result of a settlement or compromise, to rectify violations or alleged violations of consumer protection laws, other than monies collected for the benefit of specific, identifiable persons and monies for investigative or court costs, attorney fees, civil penalties or other monies recovered as a result of the enforcement of consumer protection laws deposited in the consumer protection-consumer fraud revolving fund pursuant to section 44-1531.01. The attorney general shall administer the subaccount. All monies deposited in the subaccount pursuant to opioid claims-related litigation or settlements are subject to legislative appropriation.  All monies that are not from opioid claims-related litigation or settlements and that are in the subaccount up to the amount of $4,000,000 annually are continuously appropriated. Any amounts in excess of $4,000,000 are subject to legislative appropriation. Monies in the subaccount are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The attorney general may spend monies in the subaccount for programs, including consumer fraud education programs, that are intended to rectify violations or alleged violations of consumer protection laws. The attorney general may spend monies in the consumer remediation subaccount for operating expenses incurred by the department of law in administering or implementing programs intended to rectify violations or alleged violations of consumer protection laws. The attorney general shall submit an expenditure plan to the joint legislative budget committee for review before spending any monies in the subaccount.

D. On or before January 15, April 15, July 15 and October 15 each year, the attorney general shall file with the governor, with copies to the director of the department of administration, the president of the senate, the speaker of the house of representatives, the secretary of state and the staff director of the joint legislative budget committee, a full and complete account of the receipts and disbursements from the fund by subaccount in the previous calendar quarter. The account must include a separate delineated report that includes the receipts and disbursements for all opioid claims-related litigation monies.

E. On or before December 31 of each year, the attorney general shall file with the governor's office of strategic planning and budgeting and the staff director of the joint legislative budget committee a report on the attorney general's current projections for total opioid claims-related litigation monies that are to be deposited in the fund through the lifetime of all opioid settlements. The report shall also include a detailed accounting of all opioid claims-related litigation monies that the attorney general has spent as of the date of the report, outlined by the use of monies and the fiscal year.
A.R.S. § 44-3291 — Arizona Code / Title 44 / Chapter 13 / Article 11 / Section 3291
44-3291 Jurisdiction and venue of offenses and actions; joinder of spouse
Status: in_force

44-3291. Jurisdiction and venue of offenses and actions; joinder of spouse

A. The superior court has jurisdiction over violations of this chapter, the rules and orders of the commission adopted or issued under this chapter and all actions brought to enforce any liability or duty created under this chapter, except actions or proceedings brought under section 44-3292, paragraph 2, 3 or 4 or appeals filed under article 8 of this chapter, over which the superior court in Maricopa county has exclusive jurisdiction.

B. Any action authorized by this chapter may be brought in the county in which the defendant is found, is an inhabitant or transacts business or in the county in which the transaction took place. Process may be served on any defendant in any county of this state in which the defendant is an inhabitant or in which the defendant is found.

C. The commission may join the spouse in any action authorized by this chapter to determine the liability of the marital community.  This subsection does not authorize the commission to join any individual who is divorced from the defendant at the time an action authorized by this chapter is filed.
A.R.S. § 44-1506 — Arizona Code / Title 44 / Chapter 10 / Article 6 / Section 1506
44-1506 Construction
Status: in_force

44-1506. Construction

A. Nothing in this article shall be construed to require establishments within the scope of this article to have outdoor or outside signs.

B. This article shall be liberally construed to prevent untrue, misleading, false or fraudulent representations relating to rates being placed upon outdoor or outside signs pertaining to such establishments.
A.R.S. § 44-6706 — Arizona Code / Title 44 / Chapter 20 / Article 1 / Section 6706
44-6706 Repurchase; title; security interest
Status: in_force

44-6706. Repurchase; title; security interest

Upon payment of the repurchase amount to the equipment dealer, the title and right to possession of the repurchased inventory shall transfer or be transferred to the supplier and the equipment dealer shall have a continuing perfected security interest in the inventory until payment by the supplier. The security interest shall be perfected without the filing of a financing statement for a period of six years.
A.R.S. § 44-1041 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1041
44-1041 Right of assignee to property fraudulently conveyed by assignor; action by assignee or creditor to recover property fraudulently conveyed; non-recovery from bona fide purchaser
Status: in_force

44-1041. Right of assignee to property fraudulently conveyed by assignor; action by assignee or creditor to recover property fraudulently conveyed; non-recovery from bona fide purchaser

All property conveyed or transferred by the assignor previous to and in contemplation of the assignment with the intent or design to defeat, delay or defraud creditors, or to give preference to one creditor over another, shall pass to the assignee by the assignment notwithstanding the transfer. The assignee, or in case of his neglect or refusal any creditor may, upon securing the assignee against cost or liability, in the name of the assignee, sue for, recover, collect and cause such property to be applied for the benefit of creditors as other property belonging to the debtor's estate in the hands of the assignee. If it appears in such action that the purchaser of such property bought it from the assignor in good faith for a valuable consideration and without reason to believe that the debtor was conveying or transferring the property with intent or design as set forth in this section, the purchaser shall be held to have acquired, as against the assignee and creditors, a good and valid title to the property.
A.R.S. § 44-1379 — Arizona Code / Title 44 / Chapter 9 / Article 23 / Section 1379
44-1379 Indemnity agreements in motor carrier transportation contracts void; definitions
Status: in_force

44-1379. Indemnity agreements in motor carrier transportation contracts void; definitions

A. A motor carrier and a promisee may not agree to either of the following as it relates to a transportation services contract entered into on or after the effective date of this section:

1. That the motor carrier will indemnify, defend or hold the promisee harmless, or agree to a provision that has the effect of indemnifying, defending or holding a promisee harmless, from claims or liability for the negligence, intentional acts or intentional omissions of the promisee.

2. That the promisee will indemnify, defend or hold the motor carrier harmless, or agree to a provision that has the effect of indemnifying, defending or holding a motor carrier harmless, from claims or liability for the negligence, intentional acts or intentional omissions of the motor carrier.

B. An agreement that violates this section is against public policy and is void and unenforceable.

C. This section does not apply to a contract, subcontract or agreement that concerns or affects railroad operations, railroad property or railroad facilities or to the uniform intermodal interchange and facilities access agreement administered by the intermodal association of North America or to another agreement that provides for the interchange, use or possession of intermodal chassis, intermodal containers or other intermodal equipment.

D. This section does not apply to agreements to which this state, a political subdivision of this state or an agent of a political subdivision of this state is a party, including intergovernmental agreements, or to agreements to which a public service corporation, as defined in article XV, section 2, Constitution of Arizona, including an electric or gas utility or an affiliate of a public service corporation, is a party.

E. For the purposes of this section:

1. "Motor carrier" means a person who is engaged in the transportation of property for compensation by a motor vehicle and includes an agent, employee, servant or independent contractor of the motor carrier if the agent, employee, servant or independent contractor provides services in connection with a transportation services contract that is subject to this section.

2. "Motor vehicle" means a motor vehicle or vehicle combination that has a gross weight vehicle rating or combined gross weight rating that is greater than ten thousand pounds.

3. "Promisee" includes an agent, employee, servant or independent contractor who is directly responsible to the promisee or who provides services in connection with a transportation services contract that is subject to this section, other than a motor carrier that is a party to a transportation services contract with the promisee and an agent, employee, servant or independent contractor directly responsible to the motor carrier.

4. "Transportation services" means any of the following:

(a) The transportation of property.

(b) The entry on property to load, unload or transport property.

(c) The provision of a service that is incidental to the actions prescribed by subdivision (a) or (b), including the packing or storage of property.
A.R.S. § 44-1641.04 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1641.04
44-1641.04 Registration; fees
Status: in_force

44-1641.04. Registration; fees

A. A scrap metal dealer must provide the information prescribed by section 44-1641.03 to the department every two years.

B. The department shall charge and collect fees as determined by the director. It is the intent of the legislature that fees charged and collected by the department shall be to cover the costs of registering the scrap metal dealers pursuant to section 44-1641.03 and this section.
A.R.S. § 44-1372 — Arizona Code / Title 44 / Chapter 9 / Article 16 / Section 1372
44-1372 Definitions
Status: in_force

44-1372. Definitions

In this article, unless the context otherwise requires:

1. "Commercial electronic mail" means electronic mail sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services.

2. "Electronic mail" means an electronic message, executable program or computer file containing an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks.

3. "Electronic mail service provider" means any person who is an intermediary in sending or receiving electronic mail and who provides to end users of electronic mail services the ability to send or receive electronic mail.

4. "Established business relationship" means a prior or existing relationship formed by a voluntary communication between a person or entity and the recipient, with or without an exchange of consideration, on the basis of an inquiry, application, purchase or use by the recipient regarding products or services offered by the person or entity.

5. "Sender" means a person who initiates an unsolicited commercial electronic mail.

6. "Unsolicited commercial electronic mail" means a commercial electronic mail message sent, without the consent of the recipient, by a person with whom the recipient does not have an established business relationship.
A.R.S. § 44-1921 — Arizona Code / Title 44 / Chapter 12 / Article 8 / Section 1921
44-1921 Denial of registration by qualification
Status: in_force

44-1921. Denial of registration by qualification

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

1. The application for registration, prospectus, any financial statement, or any document or exhibit filed with the application, or any amendment or supplement thereto, is incomplete, inaccurate or misleading, or the information contained therein is insufficient for a true appraisal of the securities.

2. The issuer or any dealer or salesman designated to engage in the sale of the securities has violated any provision of this chapter, or any rule or order of the commission thereunder.

3. The sale of the securities works or would tend to work a fraud or deceit upon the purchasers thereof, or is or would be unfair or inequitable to the purchasers.

4. The issuer is insolvent, or is in an unsound financial condition.

5. The issuer has refused to permit the commission to examine its affairs, or has failed or refused to furnish information required by this chapter, or any rule or order of the commission thereunder.

6. The issuer, any officer or director of the issuer, if a corporation or unincorporated association, any trustee or other fiduciary of the issuer, if a trust, any partner of the issuer, if a partnership, or any person controlling, controlled by or under common control with the issuer:

(a) Has been convicted within five years preceding the filing of the application for registration of securities, or at any time thereafter, of a felony or misdemeanor involving a transaction in securities, or of which fraud is an essential element.

(b) Is subject to an order, judgment or decree of an administrative tribunal, a court of competent jurisdiction, an SRO or the SEC that is entered within three years preceding the date of filing the application or any time thereafter, and that enjoins or restrains the person from engaging in or continuing any conduct or practice in connection with the sale or purchase of securities.
A.R.S. § 44-1743 — Arizona Code / Title 44 / Chapter 11 / Article 10 / Section 1743
44-1743 Limitation on payment period; prohibition against life contract; single contract
Status: in_force

44-1743. Limitation on payment period; prohibition against life contract; single contract

A. No contract for dance studio lessons and other services shall require payments or financing by the customer over a period in excess of two years from the date the contract is signed, nor shall the term of any such contract be measured by the life of the customer. Lessons and other services to be rendered to the customer under the contract shall not extend over a period of two years from the date the contract is signed.

B. Any additional dance studio lessons or other services agreed to by the dance studio and the customer after an initial contract has been signed, all or part of which are to be rendered during the term of the initial contract must, together with the effective provisions of the initial contract, be set forth in a new contract.
A.R.S. § 44-321 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 321
44-321 Periods of limitation
Status: in_force

44-321. Periods of limitation

A. The expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the department as required by this chapter.

B. An individual, corporation, business association or other organization may not act through an amendment of articles of incorporation, an amendment of bylaws, a private agreement or any other means to do any of the following:

1. Take or divert monies or personal property into income.

2. Divide monies or personal property among patrons or stockholders that are able to be located.

3. Divert monies or personal property by any other method for the purpose of circumventing the unclaimed property process.

C. The department shall not begin an action or proceeding to enforce this chapter in regard to the reporting, delivery or payment of property more than four years after the holder identified the property in a report filed with the department or gave express notice to the department of a dispute regarding the property.  If a holder omits from a report any amount of property that is properly includible and that is in excess of twenty-five percent of the amount of property stated in the report, the department may begin an action or proceeding to enforce this chapter at any time within six years after the report was filed.  If there is no report or other express notice, the period of limitation is tolled. The period of limitation is also tolled if the holder files a fraudulent report.
A.R.S. § 44-313 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 313
44-313 Deposit of monies
Status: in_force

44-313. Deposit of monies

A. Except as otherwise provided in this section or section 44-314, the department shall deposit, pursuant to sections 35-146 and 35-147, in the state general fund all monies received pursuant to this chapter, including the proceeds from the sale of abandoned property pursuant to section 44-312, except that:

1. The first two million dollars of the monies shall be deposited each fiscal year in the seriously mentally ill housing trust fund established by section 41-3955.01.

2. The second two million five hundred thousand dollars of the monies shall be deposited in the housing trust fund established by section 41-3955.

3. The next twenty-four million five hundred thousand dollars of the monies shall be deposited each fiscal year in the department of revenue administrative fund established by section 42-1116.01.

B. The department shall deposit monies from unclaimed shares and dividends of any corporation incorporated under the laws of this state in the permanent state school fund pursuant to article XI, section 8, Constitution of Arizona.

C. The department shall deposit monies from unclaimed victim restitution payments in the victim compensation and assistance fund established by section 41-2407 for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime.

D. The department shall retain in a separate trust fund at least one hundred thousand dollars from which the department shall pay claims.

E. Before making the deposit, the department shall record the name and last known address of each person who appears from the holders' reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary. The department shall also record the policy or contract number of each policy or contract of an insurance company that is listed in the report, the name of the company and the amount due.  The department shall make the record available for public inspection during reasonable business hours.
A.R.S. § 44-1704 — Arizona Code / Title 44 / Chapter 11 / Article 7 / Section 1704
44-1704 Information statement; necessity and time of delivery to buyer; acknowledgment of delivery; retention on file
Status: in_force

44-1704. Information statement; necessity and time of delivery to buyer; acknowledgment of delivery; retention on file

Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of monies or other valuable consideration, whichever occurs first, the credit services organization shall provide the buyer with a statement, in writing, containing all the information required by section 44-1705. The credit services organization shall maintain on file or microfilm for a period of two years an exact copy of the statement, personally signed by the buyer, acknowledging receipt of a copy of the statement.
A.R.S. § 44-1211 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1211
44-1211 Fraudulent conveyance or other transaction with intent to defraud others or defeat creditors; classification
Status: in_force

44-1211. Fraudulent conveyance or other transaction with intent to defraud others or defeat creditors; classification

A person is guilty of a class 2 misdemeanor who:

1. Is a party to any fraudulent conveyance of any lands, tenements or hereditaments, goods or chattels or any right or interest issuing therefrom, had, made or contrived with intent to deceive and defraud others, or to defeat, hinder or delay creditors or others of their just debts, damages or demands.

2. Is a party to any bond, action or judgment, or execution, contract or conveyance had, made or contrived with intent to deceive and defraud others, or to defeat, hinder or delay creditors or others of their just debts, damages or demands.

3. Is a party as provided in paragraph 1 or paragraph 2 of this section, and

(a) At any time knowingly puts in, uses, avows, maintains, justifies or defends such transaction as true, and had or made in good faith, or

(b) Upon good consideration aliens, assigns or sells any of such lands or goods or other things which have been so conveyed to him.
A.R.S. § 44-1797.09 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.09
44-1797.09 Prohibition against assignment or transfer of contract cutting off buyer's right of action or defense against organization
Status: in_force

44-1797.09. Prohibition against assignment or transfer of contract cutting off buyer's right of action or defense against organization

No right of action or defense arising out of a contract for discount buying services which the buyer has against the discount buying organization may be cut off by assignment or transfer of the contract to any third party.
A.R.S. § 44-1763 — Arizona Code / Title 44 / Chapter 11 / Article 11 / Section 1763
44-1763 Distributed energy generation system agreements; disclosures; exception
Status: in_force

44-1763. Distributed energy generation system agreements; disclosures; exception

A. An agreement governing the financing, sale or lease of a distributed energy generation system to any person or a political subdivision of this state must:

1. Be signed by the person buying, financing or leasing the distributed energy generation system and must be dated.  Any agreement that contains blank spaces affecting the timing, value or obligations of the agreement in a material manner when signed by the buyer or lessee is voidable at the option of the buyer or lessee until the distributed energy generation system is installed.  Any blank spaces in the agreement must be shown to and initialed by the buyer or lessee at the time the buyer or lessee signs the agreement.

2. Be in at least ten-point type.

3. Include a provision, which must be separately acknowledged by the buyer or lessee, granting the buyer or lessee the right to rescind the financing, sale or lease agreement for a period of not less than three business days after the agreement is signed by the buyer or lessee and before the distributed energy generation system is installed.

4. Provide a description, which must be separately acknowledged by the buyer or lessee, including the make and model of the distributed energy generation system's major components or a guarantee concerning energy production output that the distributed energy generation system being sold or leased will provide over the life of the agreement.  If the warranty period for any major component is less than the duration of the agreement, the length of the warranty must be disclosed to and separately acknowledged by the buyer or lessee.

5. Separately set forth the following items, which must be separately acknowledged by the buyer or lessee, if applicable:

(a) The total purchase price or total cost to the buyer or lessee under the agreement for the distributed energy generation system over the life of the agreement.

(b) Any interest, installation fees, document preparation fees, service fees or other costs to be paid by the buyer or lessee of the distributed energy generation system.

(c) If the distributed energy generation system is being financed or leased, the total number of payments, the payment frequency, the amount of the payment expressed in dollars and the payment due date.

6. Provide a disclosure in the sale and financing agreements, to the extent they are used by the seller or marketer in determining the purchase price of the agreement, that identifies all current tax incentives and rebates or other state or federal incentives for which the buyer or lessee may be eligible and any conditions or requirements pursuant to the agreement to obtain these tax incentives, rebates or other incentives.

7. Identify the tax obligations that the buyer or lessee may be required to pay as a result of buying, financing or leasing the distributed energy generation system, including:

(a) The assessed value and the property tax assessments associated with the distributed energy generation system calculated in the year the agreement is signed.

(b) Transaction privilege taxes that may be assessed against the person buying or leasing the distributed energy generation system.

(c) Any obligation of the buyer or lessee to transfer tax credits or tax incentives of the distributed energy generation system to any other person.

8. Disclose whether the warranty or maintenance obligations related to the distributed energy generation system may be sold or transferred to a third party.

9. Include a disclosure, the receipt of which shall be separately acknowledged by the buyer or lessee, if a transfer of the sale, lease or financing agreement contains any restrictions pursuant to the agreement on the lessee's or buyer's ability to modify or transfer ownership of a distributed energy generation system, including whether any modification or transfer is subject to review or approval by a third party. If the modification or transfer of the distributed energy generation system is subject to review or approval by a third party, the agreement must identify the name, address and telephone number of, and provide for updating any change in, the entity responsible for approving the modification or transfer.

10. Include a disclosure, the receipt of which shall be separately acknowledged by the buyer or lessee, if a modification or transfer of ownership of the real property to which the distributed energy generation system is or will be affixed contains any restrictions pursuant to the agreement on the lessee's or buyer's ability to modify or transfer ownership of the real property to which the distributed energy generation system is installed or affixed, including whether any modification or transfer is subject to review or approval by a third party. If the modification or transfer of the real property to which the distributed energy generation system is affixed or installed is subject to review or approval by a third party, the agreement must identify the name, address and telephone number of, and provide for updating any change in, the entity responsible for approving the modification or transfer.

11. Provide a full and accurate summary of the total costs under the agreement for maintaining and operating the distributed energy generation system over the life of the distributed energy generation system, including financing, maintenance and construction costs related to the distributed energy generation system.

12. If the agreement contains an estimate of the buyer's or lessee's future utility charges based on projected utility rates, provide an estimate of the buyer's or lessee's future utility charges as impacted by potential utility rate changes ranging from at least a five percent annual decrease to at least a five percent annual increase from current utility costs applied to the duration of the agreement in one percent increments.  Any comparative estimates must be calculated by applying the entire rate change range to the duration of the agreement.

13. Include a disclosure, the receipt of which shall be separately acknowledged by the buyer or lessee, that states:

Utility rates and utility rate structures are subject to change. These changes cannot be accurately predicted.  Projected savings from your distributed energy generation system are therefore subject to change. Tax incentives are subject to change or termination by executive, legislative or regulatory action.

14. Comply with section 32-1158.

B. If a document or sales presentation relating to a distributed energy generation system states or suggests that the distributed energy generation system will result in financial savings for a buyer or lessee, the document or sales presentation must substantiate the methodology used to calculate those savings and, if the document or sales presentation is intended for a specific potential buyer or lessee, reasonably quantify the cumulative savings expected for the duration of the agreement.

C. If a document or sales presentation relating to a distributed energy generation system contains financial savings comparative estimates or utility rate comparative estimates, the document or sales presentation must include historical utility rates for the immediately preceding period of time that is of the same duration as the proposed financing or lease period for the same class of utility customer in the same utility service territory as the prospective buyer or lessee.  These historical rates must be included in any comparative estimates.

D. Before the maintenance or warranty obligations of a distributed energy generation system under an existing lease, financing or purchase agreement is transferred, the person who is currently obligated to maintain or warrant the distributed energy generation system must disclose the name, address and telephone number of the person who will be assuming the maintenance or warranty of the distributed energy generation system.

E. If a document or sales presentation relating to a distributed energy generation system contains an estimate of the buyer's or lessee's future utility charges based on projected utility rates, the document or sales presentation must contain an estimate of the buyer's or lessee's future utility charges as impacted by potential utility rate changes ranging from at least a five percent annual decrease to at least a five percent annual increase from current utility costs applied to the duration of an agreement for the financing, sale or lease of a distributed energy generation system in one percent increments.  Any comparative estimates must be calculated by applying the entire rate change range to the duration of the agreement.

F. Recurring payments under a distributed energy generation system lease may not begin until the distributed energy generation system is energized and interconnected.

G. This section does not apply to an individual or company, acting through its officers, employees or agents, that markets, sells, solicits, negotiates or enters into an agreement for the sale, financing or lease of a distributed energy generation system as part of a transaction involving the sale or transfer of the real property to which the distributed energy generation system is or will be affixed.
A.R.S. § 44-1322 — Arizona Code / Title 44 / Chapter 9 / Article 9 / Section 1322
44-1322 Disposal of lead acid batteries
Status: in_force

44-1322. Disposal of lead acid batteries

A. The disposal of lead acid batteries in landfills and the incineration of those batteries is prohibited.

B. An owner or operator of a solid waste disposal facility shall not knowingly accept a lead acid battery for disposal.

C. A lead acid battery shall be discarded or disposed of only as follows:

1. A lead acid battery retailer or wholesaler may deliver a lead acid battery to any one of the following:

(a) A permitted secondary lead smelter.

(b) A battery manufacturer.

(c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality.

(d) In the case of battery retailers only, an agent of a battery wholesaler.

2. A person other than a lead acid battery retailer or wholesaler may deliver a lead acid battery to any one of the following:

(a) A lead acid battery retailer or wholesaler.

(b) A permitted secondary lead smelter.

(c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality.

D. The director of the department of environmental quality shall register collection and recycling facilities that accept lead acid batteries. The director shall require collection and recycling facilities that handle lead acid batteries to pay an initial registration fee and annual fee established by rule.  The director shall deposit, pursuant to sections 35-146 and 35-147, registration fees in the solid waste fee fund established by section 49-881.
A.R.S. § 44-353 — Arizona Code / Title 44 / Chapter 3.1 / Article 1 / Section 353
44-353 Acquiring title to undocumented property
Status: in_force

44-353. Acquiring title to undocumented property

A. A museum may acquire title to undocumented property held by a museum for seven years or longer, verifiable through written records, with no valid claim or contact by any person in the following manner:

1. The museum shall publish a notice once a week for two consecutive weeks in a newspaper of general circulation in the county in which the museum is located and in the county in which the lender's last known address is located, if applicable. This notice shall include:

(a) A brief and general description of the property.

(b) The date or approximate date of the loan or acquisition by the museum, if known.

(c) Notice of the intent of the museum to claim title if no valid claims are made within sixty-five days from the date of the first notice, if no publication in a newspaper is required, or publication under this section.

(d) The name and address of the museum representative to contact for more information or to make a claim.

(e) The lender's name and last known address, if known.

2. If no valid claims have been made by the end of sixty-five days, the museum shall publish a second notice once a week for two consecutive weeks in a newspaper of general circulation in the county in which the museum is located and in the county in which the lender's last known address is located, if applicable. This second notice shall include:

(a) A brief and general description of the property.

(b) The date or approximate date of the loan or acquisition by the museum, if known.

(c) Notice that the museum claims title to the property as of the date described in paragraph 1, subdivision (c) of this subsection.

(d) The lender's name and last known address, if known.

B. On compliance with subsection A of this section clear and unrestricted title is transferred to the museum as of the date described in subsection A, paragraph 1, subdivision (c) of this section.
A.R.S. § 44-1843.02 — Arizona Code / Title 44 / Chapter 12 / Article 4 / Section 1843.02
44-1843.02 Special filing requirements for certain exempt or federal covered securities
Status: in_force

44-1843.02. Special filing requirements for certain exempt or federal covered securities

A. Any advertising and sales material, other than the notices required by law to be published or posted, that is used in connection with offers or sales to the public of any of the securities to which section 44-1843.01, subsection A applies shall be filed with the division three business days before its proposed use.  The filing required by this section shall be made by the nongovernmental user, dealer or underwriter.

B. Issuers of securities that are described as covered securities in section 18(b)(3) of the securities act of 1933 shall file concurrently with the commission any document filed with the SEC under the securities act of 1933.  If the issuer is not a corporation or other entity organized under the laws of this state, the issuer shall file a consent to service of process that complies with section 44-1862.  At the time of the issuer's initial filing with the commission, the issuer shall pay a fee of one hundred dollars.

C. Issuers of securities that are described as covered securities in section 18(b)(4)(D) of the securities act of 1933 shall file with the commission not later than fifteen calendar days after the first sale of securities in or from this state one copy of a notice on form D.  The notice on form D shall contain a manual or facsimile signature of a person duly authorized by the issuer and is considered filed with the commission on receipt at the commission's Phoenix office or as of the date on which the notice is mailed by United States registered or certified mail to the commission's Phoenix office if the notice is delivered to that office after the date on which the notice is required to be filed.  The issuer shall pay the initial filing fee prescribed in section 44-1861, subsection E.

D. Section 44-1842 applies to federal covered securities transactions unless an exemption is available under another provision of this chapter.
A.R.S. § 44-1681 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1681
44-1681 Return of purchases; display of notice
Status: in_force

44-1681. Return of purchases; display of notice

The licensee shall cause to be displayed in a prominent place on the premises where the auction is being conducted a notice that all merchandise may be returned, if it is at the time in the same condition as when purchased, for the amount paid, if returned within forty-eight hours from the time of purchase and if the merchandise sold fails to agree with the description contained on the tag, card or label. The notice shall be of sufficient size as to be readily discernible by the bidders.
A.R.S. § 44-1645 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1645
44-1645 Applicability; state preemption
Status: in_force

44-1645. Applicability; state preemption

This article applies throughout this state and counties, cities and towns may not enact or enforce ordinances, rules or regulations that conflict with this article. Counties, cities and towns may enact ordinances, rules or regulations that regulate scrap metal dealers and that are not in conflict with this article.
A.R.S. § 44-3213 — Arizona Code / Title 44 / Chapter 13 / Article 7 / Section 3213
44-3213 Conduct of hearing
Status: in_force

44-3213. Conduct of hearing

A. Any hearing under this article may be held before the commission, a member of the commission, the director or any other authorized officer of the commission as the commission directs.

B. Conduct of the hearing is governed by this section and by the rules of practice and procedure adopted by the commission. The commission, a member of the commission, the director and any other authorized officers of the commission are not bound by the technical rules of evidence in the conduct of hearings under this article, and no informality in any proceeding, as in the manner of taking testimony, invalidates any order, decision or rule made, approved or confirmed by the commission.

C. The commission shall appoint a shorthand reporter to make a stenographic record of all proceedings and testimony of each hearing, and the record shall be reduced to writing and filed with the commission.
A.R.S. § 44-1644 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1644
44-1644 Report; exemption; violation; classification
Status: in_force

44-1644. Report; exemption; violation; classification

A. Within twenty-four hours after receiving scrap metals, except from an industrial account or a scrap metal dealer, for which a record is required to be kept by section 44-1642, a scrap metal dealer shall electronically submit to the department a record of the receipt of the scrap metals. The record shall include the following information:

1. The date, time and place of the receipt of the scrap metal.

2. An identifying description of the specific scrap metal received, including:

(a) The weight and amount of the transaction or other consideration given.

(b) Unique identifying numbers and markings on catalytic converters as defined in section 44-1642.01, subsection A, paragraph 8 or any nonferrous parts of a catalytic converter.

3. A description of the person delivering the metal to the scrap metal dealer including the person's gender, height, weight, race and hair and eye color, address and date of birth and a photocopy of a current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military.

4. The number and state of issuance of the license on the vehicle used to deliver the scrap metal.

B. A scrap metal dealer shall electronically submit to the department a record of the receipt of each purchase of a used catalytic converter as defined in section 44-1642.01, subsection A, paragraph 8 or any nonferrous parts of a catalytic converter from an industrial account or another scrap metal dealer.  The report shall include:

1. The name, address and transaction privilege tax number of the seller.

2. The date, time and place of the transaction.

3. The number of catalytic converters purchased.

4. Any unique identifying numbers and markings on catalytic converters or any nonferrous parts of a catalytic converter.

C. The department shall establish by rule electronic submission standards.  The submission standards shall allow the submission of the information in an electronic format that is compatible with the output format of not less than four of the record keeping software programs currently in use in the scrap metal industry in this state in a manner that will allow the information to be electronically merged with the department's database.  A scrap metal dealer that submits information to the department pursuant to this section is not required to submit the same information to a local law enforcement agency.

D. The department shall make the information submitted pursuant to this section available to local law enforcement agencies over the internet and shall provide for training and procedures to allow law enforcement personnel to access the information provided electronically for law enforcement purposes.

E. For copper, aluminum wire with a diameter of at least three-eighths of an inch and transactions with a value over $100, a scrap metal dealer shall hold in its custody in the same size, shape and condition in which the scrap metal was received on its business premises any scrap metal received in a reportable transaction for seven days after filing the report prescribed by subsection A of this section.

F. Subsection E of this section does not apply to transactions with industrial accounts, other scrap metal dealers or purchases by scrap metal dealers of used aluminum beverage containers or ferrous metals and of scrap metal authorized for release by a peace officer of that jurisdiction.

G. A person who fails to file a report prescribed by this section is guilty of a class 1 misdemeanor.
A.R.S. § 44-327 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 327
44-327 Agreement to locate property
Status: in_force

44-327. Agreement to locate property

A. The following are void and unenforceable:

1. An agreement entered into by an owner with another person if the primary purpose of that agreement is to locate, deliver, recover or assist in the recovery of property that is presumed abandoned, if the agreement was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is twenty-four months after the date that the property is paid or delivered to the department. This paragraph does not apply to an owner's agreement with an attorney to file a claim relating to identified property or to contest the department's denial of a claim.

2. A provision in an agreement that requires an owner to pay compensation that includes a portion of mineral proceeds that are not presumed abandoned or the underlying minerals, if the primary purpose of the agreement is to locate, deliver, recover or assist in the recovery of mineral proceeds that are presumed abandoned.

B. If an owner enters into an agreement that is not void pursuant to this section and the primary purpose of that agreement is to locate, deliver, recover or assist in the recovery of property reported to the department, the agreement is:

1. Enforceable if the agreement is in writing, clearly states the nature of the property and the services to be performed, is signed by the apparent owner and states the value of the property before and after the fee or other compensation has been deducted.  The fee or payment agreed on shall not be more than thirty per cent of the value of the recoverable property reported to the department.

2. Unenforceable except by the owner if the agreement provides for compensation that is more than thirty per cent of the value of the recoverable property reported to the department.

C. An owner who has agreed to pay compensation that is more than thirty per cent of the value of the recoverable property reported to the department, or the department on behalf of the owner, may maintain an action to reduce the compensation. The court may award reasonable attorney fees to an owner who prevails in the action.  This section does not prohibit an owner from asserting that an agreement is invalid on grounds other than compensation.
A.R.S. § 44-1452 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1452
44-1452 Common law rights
Status: in_force

44-1452. Common law rights

Nothing in this article shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
A.R.S. § 44-1504 — Arizona Code / Title 44 / Chapter 10 / Article 6 / Section 1504
44-1504 Accommodations advertised required to be available
Status: in_force

44-1504. Accommodations advertised required to be available

An owner or operator of any establishment within the scope of this article shall not post or maintain posted on outdoor or outside advertising signs rates for accommodations in the establishment unless there is available in the establishment, when vacant, accommodations for immediate occupancy to meet the posted rates of such advertising signs.
A.R.S. § 44-320 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 320
44-320 Destruction or disposition of property having no substantial commercial value; immunity from liability
Status: in_force

44-320. Destruction or disposition of property having no substantial commercial value; immunity from liability

If the department determines after investigation that property delivered pursuant to this chapter has no substantial commercial value, the department may destroy or otherwise dispose of the property at any time.  A person shall not maintain an action or proceeding against this state, the department or any officer of this state or against the holder for or on account of an act of the department pursuant to this section, except for intentional misconduct or malfeasance.
A.R.S. § 44-1554 — Arizona Code / Title 44 / Chapter 10 / Article 8 / Section 1554
44-1554 Prohibited practices
Status: in_force

44-1554. Prohibited practices

It is a violation of this article for any distributor directly or indirectly or through any officer, agent or employee to engage in any of the following practices:

1. To prohibit directly or indirectly the right of free association among dealers for any lawful purpose.

2. To fail to act in good faith in performing or complying with any terms, provisions of or collateral to a franchise.

3. To terminate or cancel a franchise without good cause.

4. To use undue influence to induce a dealer to surrender any right given to the dealer by any provision contained in the franchise.

5. To cancel, terminate, fail to renew or to threaten the cancellation, termination or nonrenewal of any franchise because of the dealer's failure to purchase merchandise or products sold by the distributor where the requirement that the dealer sell exclusively the merchandise or products of the distributor would be a violation of any law, rule or regulation of this state or of the United States.

6. To change or modify any restrictions upon nonpetroleum related business activities of the gasoline dealer during the term of his franchise.

7. To unreasonably reduce, limit or curtail the supply of gasoline or other petroleum products to any dealer.

8. To cancel or terminate a franchise solely to secure for its own account the distributor's more successful or profitable franchise stations.

9. To place unreasonable restrictions upon nonpetroleum related business activities of the dealer.
A.R.S. § 44-6852 — Arizona Code / Title 44 / Chapter 23 / Article 1 / Section 6852
44-6852 Dishonored checks; service fee
Status: in_force

44-6852. Dishonored checks; service fee

Notwithstanding any other law and except as provided in section 32-507, the holder, payee or assignee of the holder or payee of a dishonored check, draft, order or note may charge and collect from the maker or drawer a service fee of not more than $25 plus any actual charges assessed by the financial institution of the holder, payee or assignee of the holder or payee as a result of the dishonored instrument.
A.R.S. § 44-6814 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6814
44-6814 Notices
Status: in_force

44-6814. Notices

A written notice required or permitted by this chapter is:

1. Deemed to have been received on personal delivery to the consumer or lessor.

2. Presumed to have been received on the third day after mailing to the consumer's or lessor's last known address.
A.R.S. § 44-3300 — Arizona Code / Title 44 / Chapter 13 / Article 11 / Section 3300
44-3300 Confidentiality
Status: in_force

44-3300. 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 an individual investment adviser or an investment adviser representative unless the commission or the director authorizes the disclosure of the information as not contrary to the public interest.
A.R.S. § 44-1815 — Arizona Code / Title 44 / Chapter 12 / Article 2 / Section 1815
44-1815 Cooperation with other securities agencies
Status: in_force

44-1815. Cooperation with other securities agencies

The director shall cooperate with the administrators of the securities laws of other states and of the United States with a view to achieving maximum uniformity in the interpretation and enforcement of like provisions of the laws administered by them.
A.R.S. § 44-306 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 306
44-306 Burden of proof as to property evidenced by record of check or draft
Status: in_force

44-306. Burden of proof as to property evidenced by record of check or draft

A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation.  In claiming property from a holder who is also the issuer, the department's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment.  Defenses of payment, satisfaction, discharge and want of consideration are affirmative defenses and are the burden of the holder to establish.
A.R.S. § 44-7014 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7014
44-7014 Automated transaction contracts
Status: in_force

44-7014. Automated transaction contracts

A. In any automated transaction, the parties may form a contract by the interaction of:

1. Electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.

2. An electronic agent and an individual who acts on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual may refuse to perform and in which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.

B. In addition to subsection A, paragraphs 1 and 2, the terms of any contract are determined by the substantive law that applies to that contract.
A.R.S. § 44-1450 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1450
44-1450 Fraudulent registration; damages
Status: in_force

44-1450. Fraudulent registration; damages

Any person who for himself, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary of state under the provisions of this article by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
A.R.S. § 44-7007 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7007
44-7007 Legal recognition of electronic records, signatures and contracts; definition
Status: in_force

44-7007. Legal recognition of electronic records, signatures and contracts; definition

A. A record or signature in electronic form cannot be denied legal effect and enforceability solely because the record or signature is in electronic form.

B. A contract formed by an electronic record cannot be denied legal effect and enforceability solely because an electronic record was used in its formation.

C. An electronic record satisfies any law that requires a record to be in writing or to be retained, or both.

D. An electronic signature satisfies any law that requires a signature.

E. For the purposes of this section, "law" includes a governmental agency's policy.
A.R.S. § 44-351 — Arizona Code / Title 44 / Chapter 3.1 / Article 1 / Section 351
44-351 Definitions
Status: in_force

44-351. Definitions

For the purposes of this chapter, unless the context otherwise requires:

1. "Lender" means a person whose name appears on the records of the museum as the person legally entitled to property held or owing by the museum.

2. "Lender's last known address" means a description of the location of the lender, as shown on the museum's records pertaining to the property on loan from the lender, which is sufficient for the purpose of delivering mail.

3. "Loan", "loaned" and "on loan" includes all deposits of property with a museum which are not accompanied by a transfer of title to the property.

4. "Museum" means an organized and permanent nonprofit or public institution which is primarily educational, scientific, historic or aesthetic in purpose and which owns, borrows, cares for, studies, archives or exhibits property. Museum includes historical societies, parks, sites and monuments and libraries.

5. "Person" means an individual, association, trust partnership, corporation or similar organization having a legal interest in property in the possession of a museum.

6. "Property" means all tangible objects, animate and inanimate, under a museum's care which have intrinsic scientific, historic, artistic or cultural value.

7. "Undocumented property" means property in the possession of a museum for which the museum has no reasonable means of determining its owner.
A.R.S. § 44-1652 — Arizona Code / Title 44 / Chapter 11 / Article 4 / Section 1652
44-1652 Operating bucket shop prohibited; classification
Status: in_force

44-1652. Operating bucket shop prohibited; classification

A person who carries on or conducts a bucket shop is guilty of a class 2 misdemeanor.
A.R.S. § 44-6807 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6807
44-6807 Reinstatement
Status: in_force

44-6807. Reinstatement

A. A consumer who fails to make a timely rental payment may reinstate the rental-purchase agreement, without losing any rights or options that exist under the rental-purchase agreement, by paying the following charges within seven days after the renewal date of the rental-purchase agreement:

1. All past due rental payments.

2. If the rental property has been picked up, the reasonable cost of pickup and any redelivery.

3. Any applicable reinstatement fee.

B. A consumer who has paid less than sixty per cent of the total amount necessary to acquire ownership of rental property is entitled to an extended reinstatement period of at least sixty days if the consumer voluntarily surrenders the rental property, other than through judicial process, within seven days after the consumer's receipt of a written demand for the return of the rental property providing notice of the consumer's opportunity to obtain the extended reinstatement period.

C. A consumer who has paid sixty per cent or more of the total amount necessary to acquire ownership of rental property is entitled to an extended reinstatement period of at least one hundred eighty days if the consumer voluntarily surrenders the rental property, other than through judicial process, within fourteen days after the consumer's receipt of a written demand for the return of the rental property providing notice of the consumer's opportunity to obtain the extended reinstatement period.

D. Nothing in this section prevents a lessor from attempting to repossess rental property during the applicable reinstatement period, but the repossession does not affect the consumer's right to reinstate. If the consumer reinstates after the lessor has repossessed the rental property, the lessor shall provide the consumer with the same property, if available, or with substitute property of comparable quality and condition.
A.R.S. § 44-1754 — Arizona Code / Title 44 / Chapter 11 / Article 10.1 / Section 1754
44-1754 Delivery of prescription drugs; disclosure; exception
Status: in_force

44-1754. Delivery of prescription drugs; disclosure; exception

A. A plan sponsor or pharmacy benefit manager may not prohibit a retail pharmacy from offering as an ancillary service of a pharmacy within the terms of the contract either of the following:

1. The limited delivery of prescription drugs by mail or common carrier to a patient.

2. The hand delivery of prescription drugs to a patient by an employee or contractor of the pharmacy.

B. A pharmacy may not charge the plan sponsor or pharmacy benefit manager for the delivery of a prescription to a patient pursuant to subsection A of this section unless specifically agreed on by the plan sponsor or pharmacy benefit manager.

C. A pharmacy shall disclose to the patient any fee that will be charged to the patient for the delivery of a prescription drug, including that the fee may not be reimbursable by the plan sponsor or pharmacy benefit manager.

D. This section does not apply to the Arizona health care cost containment system administration and its contractors as defined in section 36-2901 to the extent the services are provided pursuant to title 36, chapter 29 or 34.
A.R.S. § 44-2055 — Arizona Code / Title 44 / Chapter 12 / Article 17 / Section 2055
44-2055 Securities public reference rooms
Status: in_force

44-2055. Securities public reference rooms

In order to make information about Arizona public companies more available to investors, dealers, securities analysts, financial journalists and other interested persons, the commission shall establish in this state one or more public reference rooms that provide access to public information about publicly traded companies whose corporate headquarters or principal place of business is in this state or that are listed on an Arizona exchange.
A.R.S. § 44-1376.05 — Arizona Code / Title 44 / Chapter 9 / Article 20 / Section 1376.05
44-1376.05 Violation; classification
Status: in_force

44-1376.05. Violation; classification

A person who violates this article is guilty of a class 1 misdemeanor and is subject to forfeiture of any personal property used or intended to be used to commit the offense.
A.R.S. § 44-1460.02 — Arizona Code / Title 44 / Chapter 10 / Article 3.1 / Section 1460.02
44-1460.02 Effective term of registration; renewal; expiration notice
Status: in_force

44-1460.02. Effective term of registration; renewal; expiration notice

A. Registration of a name, title or designation under the terms of this article is effective for a term of five years from the date of registration. Upon application filed within six months prior to the expiration of such term, on a form furnished by the secretary of state, the registration may be renewed at the end of each five-year period for a like term.

B. The secretary of state shall notify registrants within the sixty days next preceding the expiration of the five years from the date of registration of the necessity of renewal by writing to the last known address of the registrants.
A.R.S. § 44-1551 — Arizona Code / Title 44 / Chapter 10 / Article 8 / Section 1551
44-1551 Definitions
Status: in_force

44-1551. Definitions

In this article, unless the context otherwise requires:

1. "Affiliate" means a person who controls, is controlled or is under common control with another person.

2. "Control" means actual or legal power of influence over another person, whether direct or indirect, arising through direct or indirect ownership of capital stock, interlocking directorates or officers, contractual relations, agency agreements or leasing arrangements where the result is used to affect or influence such persons.

3. "Dealer" means any person engaged in the retail sale of petroleum products supplied under a distributorship, franchise or other agreement, entered into with a distributor.

4. "Distributor" means any person engaged in the sale, consignment or other distribution of petroleum products to dealers at retail outlets serving the general motoring public.

5. "Engaged in the sale of petroleum products" means, in the case of a dealer, that at least fifty per cent of the average annual gross revenue of the franchise is derived from the sale of petroleum products.

6. "Franchise" or "franchise agreement" means a written agreement between a distributor and a dealer under which the dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by the distributor, under which the dealer is granted the right to occupy premises owned, leased, or controlled by the distributor, for the purpose of engaging in the retail sale of petroleum products of the distributor.

7. "Good cause" means the failure of a dealer to comply with those express provisions of the franchise except any that may be unconscionable.

8. "Good faith" includes the duty of a party to act in a fair and equitable manner in the performance and in demanding performance of the franchise.

9. "Petroleum products" means motor vehicle fuels and lubricants.

10. "Retail sale of products" means the sale thereof for consumption and not for resale at a retail outlet serving the motoring public.

11. "Sale, transfer or assignment" means any disposition of a franchise or any interest therein, with or without consideration, to include but not limited to bequest, inheritance, gift, exchange, lease or license.
A.R.S. § 44-1673 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1673
44-1673 Application for license; contents
Status: in_force

44-1673. Application for license; contents

A. Not less than thirty days nor more than sixty days prior to the date of a proposed auction, any person desiring to sell at auction any jewelry shall apply to the board of supervisors of the county in which the auction is to be conducted for a license to conduct the auction. The application shall contain:

1. The name, residence, address and business address of applicant.

2. The purpose for which the auction is to be held.

3. The type and location of business, if any, engaged in by the applicant during the two years immediately preceding the date of application.

4. Whether the proposed auction is to be held at the applicant's existing regularly established place of business.

5. Whether applicant will personally participate at the auction.

6. Whether any addition to the stock to be sold at auction has been made within sixty days prior to the auction.

7. The name, address and occupational history for the two years immediately preceding the date of application of any person who will participate in conducting the auction.

B. The application shall also contain a statement whether applicant has conducted any auction of jewelry within a period of five years prior to the date of application, and, if so, a statement when and where such auction was held. The application shall further indicate that no person will be employed in any manner in the conduct of the auction who has been convicted of any violation of this article within the six-year period immediately preceding the date of application.
A.R.S. § 44-1799.92 — Arizona Code / Title 44 / Chapter 11 / Article 25 / Section 1799.92
44-1799.92 Direct primary care agreements; requirements; notice
Status: in_force

44-1799.92. Direct primary care agreements; requirements; notice

A direct primary care agreement shall meet all of the following requirements:

1. Be in writing.

2. Be signed by the primary care provider or an agent of the primary care provider and the individual patient or the patient's legal representative. A copy of the agreement shall be provided to the individual patient or the patient's legal representative.

3. Allow either party to terminate the agreement on a thirty-day written notice to the other party.  The agreement shall include terms for relocation and military duty.

4. Describe the scope of primary care services that are covered by the periodic fee.

5. Specify the periodic fee for the agreement and any additional fees outside of the periodic fee for ongoing care under the agreement.

6. Specify the duration of the agreement and any automatic renewal periods.

7. Provide a prominent written disclaimer that the agreement is not health insurance and that reads, in substantially the following form:

Notice: The organization facilitating the direct primary care agreement is not an insurance company and the direct primary care company guidelines and agreement are not an insurance policy.  Participation in the direct primary care agreement or a subscription to any of its documents should not be considered to be a health insurance policy. Regardless of whether you receive treatment for health care issues through the direct primary care agreement, you are always personally responsible for paying any additional health care expenses you may incur.  If you have health insurance, it may include, at no additional charge, some of the preventive services that are also available under this direct primary care agreement.  The primary care provider may not bill your health insurance for primary care services provided under this direct primary care agreement.
A.R.S. § 44-325 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 325
44-325 Interstate agreements and cooperation; joint and reciprocal actions with other states
Status: in_force

44-325. Interstate agreements and cooperation; joint and reciprocal actions with other states

A. The department may enter into an agreement with another state to exchange information relating to abandoned property or the possible existence of abandoned property.  The agreement may allow the other state or another person acting on behalf of a state to examine records as authorized in section 44-322.  The department by rule may require the reporting of information that is necessary to comply with an agreement made pursuant to this section, and the department may prescribe the form.

B. The department may join with another state to seek enforcement of this chapter against any person who is or may be holding property that is reportable pursuant to this chapter.

C. At the request of another state, the attorney general of this state may maintain an action on behalf of the other state to enforce in this state the unclaimed property laws of the other state against a holder of property that is subject to escheat or a claim of abandonment by the other state, if the other state agrees to pay all costs incurred by the attorney general in maintaining the action.

D. The department may request that the attorney general of another state or another attorney begin an action in the other state on behalf of the department.  The department shall pay all costs, including attorney fees, in maintaining an action pursuant to this subsection.  The department may pay the costs and attorney fees from monies received pursuant to this chapter. The department may agree to pay costs and attorney fees that are based in whole or in part on a percentage of the value of any property that the department recovers in the action.  The department shall not deduct any costs or attorney fees paid pursuant to this section from the amount that is subject to the claim by the owner pursuant to this chapter.
A.R.S. § 44-2086 — Arizona Code / Title 44 / Chapter 12 / Article 18 / Section 2086
44-2086 Attorney fees paid from disgorgement monies; prohibition
Status: in_force

44-2086. Attorney fees paid from disgorgement monies; prohibition

Disgorged monies resulting from a judicial or administrative action brought by the commission shall not be distributed as payment for attorney fees or expenses incurred by private parties seeking distribution of the disgorged monies, except as otherwise ordered by the court on a motion by the commission or, in the case of an administrative action, as otherwise ordered by the commission.
A.R.S. § 44-1653 — Arizona Code / Title 44 / Chapter 11 / Article 4 / Section 1653
44-1653 Owner or manager of property permitting bucket shop; classification
Status: in_force

44-1653. Owner or manager of property permitting bucket shop; classification

An owner or person managing or controlling property who knowingly rents or leases such property to be used as a bucket shop, or knowingly permits the property to be so used, is guilty of a class 2 misdemeanor.
A.R.S. § 44-1423 — Arizona Code / Title 44 / Chapter 10 / Article 2 / Section 1423
44-1423 Enforcement
Status: in_force

44-1423. Enforcement

An act or practice in violation of this article is an unlawful practice under section 44-1522 and subject to enforcement through private action and prosecution by the attorney general.  The attorney general may investigate and take appropriate action as prescribed by article 7 of this chapter.
A.R.S. § 44-2040 — Arizona Code / Title 44 / Chapter 12 / Article 16 / Section 2040
44-2040 Violation; classification
Status: in_force

44-2040. Violation; classification

A person who knowingly violates any provision of this chapter or any rule, regulation or order of the commission thereunder for which a penalty is not provided is guilty of a class 1 misdemeanor.
A.R.S. § 44-1797.18 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.18
44-1797.18 Provisions not exclusive
Status: in_force

44-1797.18. Provisions not exclusive

The provisions of this article are not exclusive and do not relieve the parties or the contracts subject to this article from compliance with any other applicable provision of law.
A.R.S. § 44-1302 — Arizona Code / Title 44 / Chapter 9 / Article 8 / Section 1302
44-1302 Sale of new tires; fees; acceptance of waste tires; notice; definition
Status: in_force

44-1302. Sale of new tires; fees; acceptance of waste tires; notice; definition

(Rpld. 1/1/29)

A. Until the effective date of the fees authorized pursuant to subsection N of this section, a retail seller of new motor vehicle tires shall collect a fee of two percent of the purchase price for each tire sold but not more than $2 for each tire sold, which shall be listed separately on any invoice.

B. Until the effective date of the fees authorized pursuant to subsection N of this section, if in a sale of a motor vehicle by a manufacturer to a wholesaler or retailer the cost of the tires as a separate component of the motor vehicle is not specified by the manufacturer, the fee per tire to be collected shall not exceed one-half of the maximum fee allowed under this section for a motor vehicle with a gross vehicle weight under ten thousand pounds.

C. Until the effective date of the fees authorized pursuant to  subsection N of this section, a wholesale seller of new motor vehicle tires who sells tires to this state or a political subdivision of this state or who sells tires to a private entity that does not resell the tires shall collect a fee of two percent of the purchase price for each tire sold but not more than $2 for each tire sold, which shall be listed separately on any invoice.

D. The fee shall be paid to the department of revenue for deposit on a quarterly basis in the waste tire fund established by section 44-1305. Unless the context otherwise requires, title 42, chapter 5, article 1 governs the administration of the fees imposed by this section, except that:

1. A separate license is not required for the fee imposed by this section. The fee shall be reported and paid on forms prescribed by the department.

2. A separate bond is not required of employees of the department in administering the fee.

3. The fee imposed by this section may be included without segregation in any notice and lien filed for unpaid transaction privilege taxes.

4. The fee imposed by this section shall not be included in computing the tax base, gross proceeds of sales or gross income from the sale of new motor vehicle tires for the purposes of title 42, chapter 5 and is not subject to any transaction privilege, sales, use or other similar tax levied by a city, town, or special taxing district.

E. A retail seller of new motor vehicle tires or a wholesale seller of new motor vehicle tires shall accept waste tires from customers at the point of transfer. A seller shall accept up to the number of new tires sold at that point of transfer annually and may accept additional tires from customers. The seller shall accept tires from a customer if the customer presents a receipt within thirty days after the date of purchase. This subsection does not apply to sellers of new motor vehicles.

F. A designated waste tire collection site established pursuant to section 44-1304, subsection G, shall require a manifest for the disposal of waste tires at the site and shall establish registration procedures for the collection site.

G. A seller of motor vehicle tires or the seller's designee complying with this section shall provide a manifest to the designated collection site established pursuant to section 44-1304, subsection G, to dispose of waste tires and shall be preregistered at the designated collection site.

H. A county or private enterprise under contract with a county may refuse to accept waste tires and may impose a tire tipping fee, not exceeding an amount necessary to recover the costs of administering a waste tire program established pursuant to section 44-1305, if any of the following conditions exists:

1. The private enterprise is not receiving waste tire fund monies from the county pursuant to section 44-1305.

2. Waste tires are manifested as originating outside of the county.

3. A seller of motor vehicle tires complying with subsection E of this section, is not preregistered at a collection site where registration is required.

4. The county's pro rata share of the total waste tire fund is two percent or less, and after a year of receiving monies from the waste tire fund, the county determines that the cost of waste tire disposal exceeds the amount received.

I. A designated waste tire collection site established pursuant to section 44-1304, subsection G, shall not refuse to accept waste tires from a resident of the county who is not a seller of motor vehicle tires and shall not impose a tire tipping fee for up to five waste tires per year from a resident of the county who is not a seller of motor vehicle tires. Such waste tire collection sites may impose a tire tipping fee on waste tires in excess of five tires per year from a resident of the county who is not a seller of motor vehicle tires.

J. A seller of motor vehicle tires who is subject to subsection E of this section shall post a written notice that is clearly visible in the public sales area of the establishment and that contains the following language:

It is unlawful to throw away a motor vehicle tire.

Recycle all used tires.

This retailer is required to accept scrap tires if any new or recapped tires are purchased here. When any new tire is purchased, an additional fee will be charged.

K. An advertisement or other printed promotional material related to the retail sale of tires shall contain the following notice in bold print:

State or local taxes or surcharges for environmental protection will be an extra charge.

L. A credit of $.10 per tire is allowed against the fee imposed by this article for expenses incurred by the payer of the fee for accounting for and reporting the fees.

M. This section does not apply to a person whose retail sales of new motor vehicle tires are not in the ordinary course of business.

N. The director of environmental quality shall establish by rule the fees, including any associated maximum fees, required by subsection A, B or C of this section.

O. For the purposes of this section, "retail seller of new motor vehicle tires" and "wholesale seller of new motor vehicle tires" includes those persons who sell or lease new motor vehicles to others in the ordinary course of business.
A.R.S. § 44-1799.95 — Arizona Code / Title 44 / Chapter 11 / Article 25 / Section 1799.95
44-1799.95 Direct primary care agreements; dentists
Status: in_force

44-1799.95. Direct primary care agreements; dentists

A direct primary care agreement for dental services is limited to services provided within a single professional practice and may not include services offered by dentists in other practice entities.
A.R.S. § 44-1375.03 — Arizona Code / Title 44 / Chapter 9 / Article 19 / Section 1375.03
44-1375.03 Certification and compliance; violation; civil penalty
Status: in_force

44-1375.03. Certification and compliance; violation; civil penalty

A. Except as provided in subsection B of this section, beginning January 1, 2008:

1. A person engages in a deceptive trade practice when, in the course of the person's business, vocation or occupation, the person knowingly sells or installs a product that does not meet or exceed an applicable energy efficiency standard set forth in section 44-1375.02.

2. Manufacturers shall certify in writing to the governor's energy office that products sold in this state meet efficiency standards of this article.  Certification to other states with like standards that publish databases of compliant products shall be permitted as an alternative to certifying to the energy office.

B. The requirements prescribed by subsection A of this section apply beginning January 1, 2010, if the product is a commercial refrigerator, freezer or refrigerator freezer or large packaged air conditioning equipment.

C. A deceptive trade practice pursuant to subsection A, paragraph 1 of this section is an unlawful practice under section 44-1522 and subject to enforcement by the attorney general.  The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.  Notwithstanding section 44-1531, the penalty for violation of this section shall be a civil penalty of not more than five hundred dollars per violation.  All monies collected as civil penalties pursuant to this subsection shall be deposited into the state general fund.
A.R.S. § 44-1894 — Arizona Code / Title 44 / Chapter 12 / Article 7 / Section 1894
44-1894 Prospectus; contents; use of consolidated financial statements; amendment or supplement to prospectus required to show material change
Status: in_force

44-1894. Prospectus; contents; use of consolidated financial statements; amendment or supplement to prospectus required to show material change

A. Except as provided in section 44-1901, the prospectus required by section 44-1892 shall be filed with the application, and shall include the following, together with other information the commission requires:

1. The name and address of the issuer, date of incorporation or organization, general character of the business transacted or to be transacted and a description of the principal assets of the issuer.

2. The name and address and business experience of each officer and director of the issuer, if a corporation or unincorporated association, of each trustee or other fiduciary, if a trust, or of each partner, if a partnership.

3. The total authorized capital of the issuer, the total amount of each class of securities authorized and the total amount of securities of each class issued and outstanding.

4. The total amount of each class of securities held by each officer or director, if a corporation or unincorporated association, by each trustee or other fiduciary, if a trust, by each partner, if a partnership, and by each beneficial owner of ten per cent or more of any class of securities.

5. The total amount of securities of each class issued or to be issued for options, contracts, leases, patents, assignments, services or expenses, goodwill or other intangible assets, the name and address of each person to whom the securities have been or are to be issued and the consideration received or to be received by the issuer therefor.

6. The title or descriptive name and amount of the securities to be offered, the offering price per unit and in the aggregate, the name and address of the principal underwriter and the nature of the underwriting commitment, the amount of underwriting discounts or commissions or other selling expenses per unit and in the aggregate and the net per unit and in the aggregate to be received by the issuer. The statement of underwriting discounts or commissions or other selling expense shall include the maximum amount to be paid by the issuer in cash or otherwise, directly or indirectly, in connection with the sale of the securities.

7. The specific purposes for which funds to be derived from the sale of the securities are to be used and the approximate amount to be devoted to each purpose.

8. A description of all material contracts to which the issuer is a party and of all material litigation involving the issuer.

9. A balance sheet that reflects the issuer’s financial position as of a date not more than one hundred twenty days before the date of filing, and, if the balance sheet is not certified, also a certified balance sheet as of a date not more than one year before the date of filing unless the fiscal year of the issuer has ended within one hundred twenty days before the date of filing, in which case the certified balance sheet may be as of the end of the preceding fiscal year.

10. Statements of income or operations, stockholders' equity or retained earnings and cash flows that reflect the issuer’s results of operations and cash flows for each of the three fiscal years preceding the date of the most recent balance sheet filed and for the period, if any, between the close of the most recent of such fiscal years and the date of the most recent balance sheet filed, or other financial information the commission establishes by order or rule.  If the issuer has been in existence for less than three fiscal years, statements of income or operations, stockholders' equity or retained earnings and cash flows shall be for the period of the issuer's existence.

B. If the issuer has one or more subsidiaries, the commission or the director may require, in addition to the balance sheet and related statements of income or operations, stockholders' equity or retained earnings and cash flows required by subsection A, paragraphs 9 and 10 of this section, a consolidated balance sheet and related consolidated statements of income or operations, stockholders' equity or retained earnings and cash flows that reflect the consolidated financial position, results of operations and cash flows for the issuer and its subsidiaries as of the same dates as required by subsection A, paragraphs 9 and 10 of this section.

C. If any material change occurs in the matters set forth in the prospectus filed under section 44-1892 and this section, or if any material change occurs in the plan of business of the issuer as set forth in the prospectus, each change shall be included in an amended prospectus or in a supplement to the prospectus which shall be promptly filed with the commission.

D. In connection with the registration of real property investment contracts, in addition to other information required by this chapter, the prospectus shall include the following:

1. A legal description or address of the property subject to the lien securing the note or contract being made or sold.

2. The name and address of the fee owner of the property subject to the lien securing the note or contract being made or sold.

3. Such information relative to the ability of the person liable on the obligation to meet the contractual payments, as the commission may require.

4. The existence of any improvements on the property or any utilities on or adjacent to the property which will service the property.

5. Terms and conditions of the contract or note being made or sold, including the principal balance owed, and the status of the principal and interest payments on the contract or note.

6. The terms and conditions of all prior recorded encumbrances which constitute liens on the property, the principal balance of such encumbrances and the status of principal and interest payments on the encumbrances.

7. Any assessments and tax liens of record on the property securing the contract or note being sold.

8. An independent appraisal of the value of the property subject to the lien securing the note or contract being made or sold. The appraisal shall state the value of the property as it exists on the date the appraisal is made.

9. The qualifications of the appraiser and the methods used in making the appraisal.

10. The loan to value ratio.

11. A description and amount of all fees paid by the borrower and investor.

12. A description of the method by which the yield is calculated.

E. Notwithstanding the provisions of this section, nothing in this section prevents the commission from entering into formal or informal agreements with the administrators of the securities laws of other states, Canada or Mexico and, as deemed appropriate by the commission, with the North American securities administrators association for the establishment of an international, national or regional coordinated uniform review of equity, debt or any other class of securities to reduce the regulatory burden and expense of registering public offerings in multiple states, Canada and Mexico.
A.R.S. § 44-1010 — Arizona Code / Title 44 / Chapter 8 / Article 1 / Section 1010
44-1010 Supplementary provisions
Status: in_force

44-1010. Supplementary provisions

Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating cause, supplement its provisions.
A.R.S. § 44-1009 — Arizona Code / Title 44 / Chapter 8 / Article 1 / Section 1009
44-1009 Extinguishment of claim for relief
Status: in_force

44-1009. Extinguishment of claim for relief

A claim for relief with respect to a fraudulent transfer or obligation under this article is extinguished unless an action is brought:

1. Under section 44-1004, subsection A, paragraph 1 within four years after the transfer was made or the obligation was incurred or, if later, within one year after the fraudulent nature of the transfer or obligation was or through the exercise of reasonable diligence could have been discovered by the claimant.

2. Under section 44-1004, subsection A, paragraph 2 or section 44-1005, within four years after the transfer was made or the obligation was incurred.
A.R.S. § 44-1375.02 — Arizona Code / Title 44 / Chapter 9 / Article 19 / Section 1375.02
44-1375.02 Standards
Status: in_force

44-1375.02. Standards

A. Except as provided in subsection C, the following standards apply beginning January 1, 2008:

1. Automatic commercial icemakers shall meet the requirements of section 1605.3 of the California Code of Regulations, title 20: division 2, chapter 4, article 4, in effect on August 12, 2005.

2. Commercial clothes washers shall meet the requirements of section 1605.3 of the California Code of Regulations, title 20: division 2, chapter 4, article 4, in effect on August 12, 2005.

3. Commercial prerinse spray valves shall have a flow rate equal to or less than 1.6 gallons per minute.

4. Commercial refrigerators, freezers and refrigerator freezers shall meet the requirements of section 1605.3 of the California Code of Regulations, title 20: division 2, chapter 4, article 4, in effect on August 12, 2005, except that pulldown refrigerators with transparent doors shall meet a requirement five per cent less stringent than shown in the California regulations.

5. Illuminated exit signs shall have an input power demand of five watts or less per illuminated face and shall either have a power factor of at least 0.70 or meet the power factor product specification of the energy star program requirements, whichever is higher.

6. Large packaged air conditioning equipment shall meet a minimum energy efficiency ratio of 10.0 for air conditioning without an integrated heating component or with electric resistance heating integrated into the unit, 9.8 for air conditioning with heating other than electric resistance integrated into the unit, 9.5 for air conditioning heat pumps without an integrated heating component or with electric resistance heating integrated into the unit and 9.3 for air conditioning heat pump equipment with heating other than electric resistance integrated into the unit.  Large packaged air conditioning heat pumps shall meet a minimum coefficient of performance in the heating mode of 3.2 measured at a high temperature rating of forty-seven degrees Fahrenheit.

7. Through December 31, 2010, low voltage dry type distribution transformers shall meet the class 1 efficiency levels for low voltage distribution transformers specified in table 4-2 of the guide for determining energy efficiency for distribution transformers, published by the national electrical manufacturers association (NEMA standard TP-1-2002), in effect on August 12, 2005.

8. Metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to one hundred fifty watts but less than or equal to five hundred watts shall not contain a probe start metal halide lamp ballast.

9. Single voltage external AC to DC power supplies shall meet the tier one energy efficiency requirements of section 1605.3 of the California Code of Regulations, title 20: division 2, chapter 4, article 4, in effect on August 12, 2005.  This standard applies to single voltage AC to DC power supplies that are sold individually and to those that are sold as a component of or in conjunction with another product.

10. Torchieres shall not use more than one hundred ninety watts.  A torchiere shall be deemed to use more than one hundred ninety watts if any commercially available lamp or combination of lamps can be inserted in its socket and cause the torchiere to draw more than one hundred ninety watts when operated at full brightness.

11. Traffic signal modules shall meet the product specification of the energy star program requirements for traffic signals developed by the United States environmental protection agency that took effect in February 2001, shall have a power factor of at least 0.90 and shall be installed with compatible, electrically connected signal control interface devices and conflict monitoring systems.

12. Unit heaters shall be equipped with an intermittent ignition device and shall have either power venting or an automatic flue damper.

B. Beginning January 1, 2012, the following standards apply:

1. Portable electric spas shall not have a normalized standby power greater than five times the spa's fill volume in gallons raised to the two-thirds power.

2. Residential pool pumps and residential pool pump motors shall comply with both of the following:

(a) Motors shall not be split-phase or capacitor start-induction run type motors, except for the following:

(i) The low-speed section of two-speed motors may be capacitor start-induction run type.

(ii) Forty-eight-frame motors designed for use with aboveground pools are exempt from this requirement.

(b) Motors with a total horsepower capacity of one or more shall have the capability of operating at two or more speeds with a low speed having a rotation rate that is no more than one-half of the motor's maximum rotation rate and shall be operated with a pump control with the capability of operating the pump at two or more speeds.  Residential pool pump motor controls that are sold for use with a two or more speed motor shall have a default circulation speed setting no more than one-half of the motor's maximum rotation rate.  Any high speed override capability shall be for a temporary period not to exceed one twenty-four hour cycle without resetting to the default setting.

C. The standards prescribed by subsection A apply beginning January 1, 2010, if the product is a commercial refrigerator, freezer or refrigerator freezer or large packaged air conditioning equipment.

D. Beginning on May 31, 2008, and every three years thereafter, the governor's energy office shall conduct a comparative review and assessment of the standards prescribed by subsection A and energy efficiency standards adopted in other states.  The energy office shall:

1. Submit a report of its findings and recommendations to the speaker of the house of representatives and president of the senate.

2. Provide a copy of the report to the secretary of state.
A.R.S. § 44-1873 — Arizona Code / Title 44 / Chapter 12 / Article 6 / Section 1873
44-1873 Recording of registration; effective date of registration; renewal; eligibility of registered securities for sale
Status: in_force

44-1873. Recording of registration; effective date of registration; renewal; eligibility of registered securities for sale

A. Upon the receipt of a registration statement and the registration fee, and, if required, a consent to service of process, the director shall record the registration of the securities by description in a register of securities. A registration statement filed under the provisions of section 44-1872 shall be effective when filed with the commission.

B. The registration shall be effective for a period of one year and may be renewed for additional periods of one year, if the securities are entitled to registration by description under section 44-1871 at the time of renewal, by the filing of a new registration statement under section 44-1872 together with payment of the fee prescribed in subsection C of section 44-1861.

C. When registered by description as provided in this section, the securities may be sold in this state by any registered dealer or by any registered salesman employed by a registered dealer.
A.R.S. § 44-1372.05 — Arizona Code / Title 44 / Chapter 9 / Article 16 / Section 1372.05
44-1372.05 Violation; classification
Status: in_force

44-1372.05. Violation; classification

A person who violates this article is guilty of a class 2 misdemeanor.
A.R.S. § 44-1775 — Arizona Code / Title 44 / Chapter 11 / Article 12 / Section 1775
44-1775 Art dealer required to obtain written contract
Status: in_force

44-1775. Art dealer required to obtain written contract

A. An art dealer may accept a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist establishing:

1. The value of the work of fine art.

2. The time within which the proceeds of the sale are to be paid to the artist, if the work of fine art is sold.

3. The minimum price for the sale of the work of fine art.

B. If an art dealer violates this section a court may, at the request of the artist, void the obligation of the artist to that art dealer or to a person to whom the obligation is transferred, other than a holder in due course.
A.R.S. § 44-6802 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6802
44-6802 Applicability
Status: in_force

44-6802. Applicability

A. This chapter does not apply to the following:

1. Rental-purchase agreements primarily for business, commercial or agricultural purposes.

2. Rental-purchase agreements with governmental agencies or instrumentalities or with organizations.

3. A lease of a safe deposit box.

4. A lease or bailment of personal property that is incidental to the lease of real property and that provides that the consumer has no option to purchase the leased property.

5. A lease of a motor vehicle, manufactured home, mobile home, factory-built building or recreational vehicle.

B. Notwithstanding section 44-6001, paragraphs 9, 10 and 11, chapter 17 of this title does not apply to a rental-purchase agreement.

C. Notwithstanding section 47-1201, subsection B, paragraph 35, that paragraph and title 47, chapter 9 do not apply to a rental-purchase agreement.

D. Chapter 10, article 7 of this title applies to a rental-purchase agreement.

E. Unless a consumer's offer or agreement to enter into a rental-purchase agreement is made in a telephone communication initiated by the consumer, chapter 15 of this title applies to a rental-purchase agreement.

F. This chapter does not apply to:

1. The owner or publisher of any newspaper, magazine or other publication of printed matter in which an advertisement appears or to the owner or operator of a radio or television station or computer information service that disseminates the advertisement if the owner, publisher or operator does not have knowledge of the intent, design or purpose of the advertiser.

2. Any advertisement that is subject to and complies with the rules and regulations of and the statutes administered by the federal trade commission.
A.R.S. § 44-1943 — Arizona Code / Title 44 / Chapter 12 / Article 9 / Section 1943
44-1943 Power of commission to require bond from dealer
Status: in_force

44-1943. Power of commission to require bond from dealer

A. The commission may require that any dealer, other than a dealer that is registered under the securities exchange act of 1934, that is registered or making application for registration under this article deliver a bond, payable to the state with sureties, conditioned on the faithful compliance with this chapter by the dealer, and providing that on failure to comply the dealer shall be liable to any person entitled to recovery by reason thereof.  The amount of bond shall be determined by the commission and predicated on the character and size of the business to be conducted, the financial condition and business reputation of the dealer and other factors the commission deems pertinent in the circumstances, but in no instance shall any bond exceed twenty-five thousand dollars in respect to any dealer.

B. The commission shall recognize and may require the continuance, or increase in amount, of bonds under its jurisdiction.
A.R.S. § 44-1481 — Arizona Code / Title 44 / Chapter 10 / Article 5 / Section 1481
44-1481 Fraudulent advertising practices defined; violation; classification
Status: in_force

44-1481. Fraudulent advertising practices defined; violation; classification

A. A person is guilty of a class 3 misdemeanor who:

1. Knowingly and with the intent to sell to the public real or personal property or services, or to induce the public to acquire an interest therein, makes and publishes an advertisement, either printed or by public outcry or proclamation, or otherwise, containing any false, fraudulent, deceptive or misleading representations in respect to such property or services, or the manner of its sale or distribution.

2. Publishes, circulates or disseminates any statement or assertion of fact concerning real estate which is known by him to be untrue, and which is made or disseminated with the intention of misleading.

B. A merchant is guilty of a class 3 misdemeanor who advertises or displays any brand of goods known to the general public and quotes prices in connection therewith as an inducement to attract purchasers to the place of business so advertised, and makes false statements regarding the quality or merits of the goods advertised.
A.R.S. § 44-3151 — Arizona Code / Title 44 / Chapter 13 / Article 4 / Section 3151
44-3151 Licensure required; exclusion; violation; classification
Status: in_force

44-3151. Licensure required; exclusion; violation; classification

A. A person shall not transact business in this state as an investment adviser or investment adviser representative unless any of the following applies:

1. The person is licensed under this article.

2. The person is a federal covered adviser and has made a notice filing under this article.

3. The person is exempt from licensure.

4. The person is a federal covered adviser and is not subject to the notice filing requirements prescribed in section 44-3153.

B. The licensure requirements of this article do not apply to any federal covered adviser or a person that is excluded from the definition of an investment adviser under section 202(a)(11) of the investment advisers act of 1940.

C. An investment adviser that is required to be licensed shall not employ an investment adviser representative unless the investment adviser representative is licensed under this article.  The licensure of an investment adviser representative is not effective during any period of time that the investment adviser representative is not employed by a licensed investment adviser or by a federal covered adviser that has made a notice filing pursuant to section 44-3153, subsection E.  A licensed investment adviser shall promptly notify the commission when an investment adviser representative begins or terminates employment with the investment adviser by filing a completed form U-4 or form U-5 or any other form as the director may designate.

D. An investment adviser representative shall not conduct business on behalf of a federal covered adviser unless that investment adviser representative is licensed under this article.  A federal covered adviser shall notify the commission if any investment adviser representative begins or terminates employment with that federal covered adviser by filing a completed form U-4, form U-5 or any other form the director designates for that purpose.

E. A person who knowingly violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 44-8001 — Arizona Code / Title 44 / Chapter 39 / Article 1 / Section 8001
44-8001 Definitions
Status: in_force

44-8001. Definitions

In this chapter, unless the context otherwise requires:

1. "Biological sample" means any material part of a human, discharge from a human or derivative of a human, including tissue, blood, urine or saliva, that is known to contain DNA.

2. "Consumer" means an individual who is a resident of this state.

3. "De-identified data" means data that has been de-identified in accordance with 45 Code of Federal Regulations section 164.514(b).

4. "Direct-to-consumer genetic testing company" or "company" means an entity that offers genetic testing products or services directly to consumers that involve collecting from a consumer of either genetic data or biological samples and from which the company derives genetic data for analysis.

5. "Express consent" means a consumer's affirmative response to a clear and prominent notice regarding collecting, using or disclosing genetic data for a specific purpose.

6. "Genetic data":

(a) Means any data, regardless of its format, that concerns a consumer's genetic characteristics.

(b) Includes:

(i) Raw sequence data that results from sequencing of a consumer's complete extracted DNA or a portion of the consumer's extracted DNA.

(ii) Genotypic and phenotypic information that results from analyzing the raw sequence data.

(iii) Self-reported health information that a consumer submits to a company regarding the consumer's health conditions and that is used for scientific research or product development and analyzed in connection with the consumer's raw sequence data.

(c) Does not include de-identified data.

7. "Genetic testing" means any laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes or gene products to determine the presence of a consumer's genetic characteristics.

8. "Person" means an individual, partnership, corporation, association, business, business trust or legal representative of an organization.
A.R.S. § 44-5001 — Arizona Code / Title 44 / Chapter 15 / Article 1 / Section 5001
44-5001 Definitions
Status: in_force

44-5001. Definitions

In this chapter, unless the context otherwise requires:

1. "Home solicitation sale":

(a) Means a sale of goods or services in which the seller or the seller's representative personally solicits the sale without prior invitation, appointment or consent and the buyer's agreement or offer to purchase is made at a home other than that of the person soliciting the same and that agreement or offer to purchase is there given to the seller or the seller's representative.

(b) Includes a cash sale that otherwise meets the definition of a home solicitation sale if the seller makes or provides a loan to the buyer or obtains or assists in obtaining a loan for the buyer to pay the purchase price.

(c) Does not include a sale that is pursuant to a preexisting account with a seller whose primary business is selling goods or services at a fixed location or that is made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale.

2. "Person":

(a) Includes a corporation, company, partnership, firm, association, society or natural person.

(b) When used to designate the party whose property may be the subject of a criminal or public offense, includes the United States, this state or any territory, state or country, any political subdivision of this state that may lawfully own any property, or a public or private corporation, partnership or association.

(c) When used to designate the violator or offender of any law, includes a corporation, a partnership or any association of persons.
A.R.S. § 44-1401 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1401
44-1401 Definition
Status: in_force

44-1401. Definition

In this article, unless the context otherwise requires: "Person" means an individual, corporation, business trust, partnership, association or any other legal entity.
A.R.S. § 44-1203 — Arizona Code / Title 44 / Chapter 9 / Article 1 / Section 1203
44-1203 Application to principal of payments made upon interest contracted in excess of the maximum permitted by law; judgment in action to recover obligation involving usurious interest limited to amount due on principal
Status: reserved

44-1203. Application to principal of payments made upon interest contracted in excess of the maximum permitted by law; judgment in action to recover obligation involving usurious interest limited to amount due on principal

Where a rate of interest greater than the maximum permitted by law is contracted for, reserved or received, directly or indirectly, all payments of money or property made on account of such interest, or as inducements to contract for more than the maximum permitted by law, whether made in advance or not, shall be deemed payments made on account of the principal. In an action brought to recover the amount of the obligation the court shall give judgment for no greater amount than the balance determined to be due upon the principal, without interest, after deducting such payments.
A.R.S. § 44-2035 — Arizona Code / Title 44 / Chapter 12 / Article 16 / Section 2035
44-2035 Evidence of record of proceedings
Status: in_force

44-2035. Evidence of record of proceedings

A certificate signed by the chairman or any member of the commission or by the director, and under seal of the commission, in regard to the record of any proceeding under this chapter for denial, revocation or suspension of the registration of securities or the registration of any dealer or salesman shall constitute evidence of such record and shall be admissible in any proceeding, civil or criminal, in which such record may be at issue.
A.R.S. § 44-319 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 319
44-319 Election to take payment or delivery
Status: in_force

44-319. Election to take payment or delivery

A. The department may decline to receive property that is reported under this chapter and that the department considers to have a value of less than the costs of notice and sale.

B. With the written consent of the department and on terms prescribed by the department, a holder may report and deliver property before the property is presumed abandoned.  The department shall hold that property, and that property is not presumed abandoned until it otherwise would be presumed abandoned pursuant to this chapter.
A.R.S. § 44-309 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 309
44-309 Notice and publication of abandoned property
Status: in_force

44-309. Notice and publication of abandoned property

A. The department shall publish a notice at least semiannually with a toll free telephone number and directing the public to the department's website regarding abandoned property that has been paid or delivered to the department.  The department shall cause the notice to be published in a newspaper of general circulation in each county. The department shall also cause the notice to either be published on social media or broadcast on radio or published or broadcast by any other means that in the judgment of the department is likely to attract the attention of the apparent owner of the unclaimed property. The department's website shall contain all of the following information not later than November 30 of the year after the year in which abandoned property has been paid or delivered to the department:

1. The name of each person that appears to be the owner of the property as stated in the report filed by the holder.

2. The last known address or location of each person that appears to be the owner of the property, if an address or location is stated in the report filed by the holder.

3. A statement that explains that the property of the owner is presumed abandoned and is in the protective custody of the department.

4. A statement that on request to the department information about the property and its return to the owner is available to a person who has a legal or beneficial interest in the property.

B. The department's website is not required to contain the name, address or location of an owner of property that has a total value of less than fifty dollars or information concerning a traveler's check, money order or similar instrument.

C. The department shall publish annually the estimated total dollar amount of unclaimed property on the home page of the department's unclaimed property website.
A.R.S. § 44-1220 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1220
44-1220 Fraudulent insurance claim; classification
Status: in_force

44-1220. Fraudulent insurance claim; classification

A person who presents a false or fraudulent claim or proof in support of such claim, upon a contract of insurance for payment of any loss, or who prepares, makes or subscribes to an account, certificate of survey, affidavit or proof of loss, or other book, paper or writing, with intent to present or use it or allow it to be presented or used in support of such claim, is guilty of a class 5 felony.